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09-17-96 Regular
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING SEPTEMBER 17, 1996 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (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. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting September 17, 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 Flag. 4. Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of September 3, 1996 Special Meeting of September 10, 1996 6. Proclamations: A. Welcoming the Japanese Youth Goodwill Mission B. Recognizing and commending the Delray Ocean Rescue National Competition Team C. Constitution Week - September 17-23, 1996 D. Sickle Cell Awareness Month - September, 1996 7. Presentations: 8. Consent Agenda: City Manager recommends approval. A. FINAL PLAT/DELRAY LAKES: Approve the final plat for Delray Lakes, a proposed 160 lot single family subdivision. The subject property is located east of 1-95 on the north side of Lake Ida Road and contains approximately 40.86 acres. B. FINAL PAYMENT/ALL-RITE PAVING CONTRACTORS, INC.: Approve final payment in the amount of $5,929.05 to All-Rite Paving Contractors, Inc. for the Homewood Boulevard Roadway Repair project, with funding from 334-3162-541-61.21. C. FINAL PAYMENT/RIO-BAK CORPORATION: Approve final payment in the amount of $10,632.53 to Rio-Bak Corporation for the cemetery expansion project, with funding from 667-4511-539- 61.77. 2 Regular Commission Meeting September 17, 1996 D. FINAL PAYMENT/RIC-MAN INTERNATIONAL, INC.: Approve final payment in the amount of $9,891.80 to Ric-Man International, Inc. for sanitary ~sewer rehabilitation, with funding from 442-5178-536-61.84. E. FUNDING SUBSIDIES/DELRAY BEACH RENAISSANCE PROGRAM: Approve and authorize issuance of funding subsidies totaling $38,712 for three eligible applicants under the Delray Beach Renaissance Program ($26,872.30 from HOME account ~118-1923-554-83.01, and $11,839.70 from SHIP Account No. 118-1924-554-83.01). F. RESOLUTION NO. 69-96: Adopt a resolution assessing costs for abatement action required to remove nuisances on nine properties throughout the City. G. DEMAND FOR JUDGMENT/LORRAINE BONDS V. CITY: Deny a demand for judgment in the referenced matter as recommended by the City Attorney. H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Historic Preservation Board during the period September 3 through September 13, 1996. I. AWARD OF BIDS AND CONTRACTS: 1. Emergency purchase award to Otto Industries, Inc. for an additional 1,400 32-gallon sanitation roll-out carts, at a total cost of $43,750 from 433-3711-534-52.27 (funded from prior year surplus). 2. Bid award to Intercounty Engineering, Inc. as lowest responsive bidder, for lift station rehabilitation in the base bid amount of $212,360 from 442-5178-536-61.83 through budget transfer from 61.84. 3. Bid awards through the Community Development Block Grant Program to Preston Construction Company for housing rehabilitation projects at 214 S.W. 14th Avenue in the amount of $16,425, and at 805 S.W. llth Avenue in the amount of $15,370, with funding from 118-1963-554-49.19. 4. Bid award to Chaz Equipment Company, Inc. for emergency sewer main repair in the Rainberry Bay subdivision, in the amount of $19,590 from 442-5178-536-63.51. 5. Bid award to Softmart, Inc. for the purchase of two-year Microsoft Upgrade Package and System Management Software, in the amount of $38,585, with funding from various departmental accounts. 6. Bid renewal award to Praxair, Inc. for C02/Carbon Dioxide for the Water Treatment Plant, via joint bid with the City of West Palm Beach, at an estimated annual cost of $68,544 from 441-5122-536-52.21. 3 Regular Commission Meeting September 17, 1996 7. Bid award to Bell South Communications for purchase of Meridian Norstar Telephone System for Human Resources, Planning and Zoning, and the City Manager's office, as well as a switchboard for the receptionist, in the amount of $17,162.11 from 334-6112-519-64.12. 9. Regular Agenda: A. RESERVED TEE TIME PROGRAM FOR HOTEL GUESTS: Consider continuation of the reserved tee time program for hotel guests originally approved on January 23, 1996. B. CONDITIONAL USE REQUEST/KIDDY KAMPUS NURSERY SCHOOL: Consider a request for conditional use approval to reestablish a child care center for Kiddy Kampus Nursery School and Kindergarten. The subject property is zoned RM (Medium Density Residential) and is located on the east side of S.W. 10th Avenue approximately 100 feet south of S.W. 1st Street. QUASI-JUDICIAL PROCEEDING C. EDUCATION BOARD RECOMMENDATION/MIDDLE SCHOOL BOUNDARY CHANGE PLAN: Consider approval of the Education Board's recommendations concerning proposed middle school boundary changes for School Year 1997/98 and authorize the Mayor to send appropriate letters. D. REQUEST FOR STREET RENAMING: Provide direction with respect to a request to rename Milfred Street to Wallace Lane. E. APPOINTMENTS TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint one citizen member and one 13-19 year age group member to the Pompey Park Advisory Committee for two-year terms ending September 13, 1998. The appointments will be made by Commissioner Randolph (citizen member) and Commissioner Kiselewski (13-19 year age group). F. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint one regular member and one alternate member to the Civil Service Board to fill unexpired terms ending July 1, 1998. The appointments will be made by Mayor Alperin (regular member) and Commissioner Kiselewski (alternate member). 10. Public Hearings: A. RESOLUTION NO. 70-96: A resolution 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. 71-96: A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach. -4- Regular Commission Meeting September 17, 1996 C. RESOLUTION NO. 72-96: A resolution making appropriations of sums of money for all necessary expenditures of the City for the period October 1, 1996 to September 30, 1997. D. 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. E. 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. F. ORDINANCE NO. 32-96: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code to provide for increased residential and nonresidential/commercial rates for FY 1996/97. G. ORDINANCE NO. 35-96: An ordinance annexing a 3.76 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. QUASI-JUDICIAL HEARING H. ORDINANCE NO. 36-96: An ordinance adopting Comprehensive Plan Amendment 96-1B related to the Silver Terrace and Hardrives/ Office Depot areas. QUASI-JUDICIAL HF~ARING 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 S.E. 10th Street, east of Dixie Highway, west of U.S. Highway No. 1, and north of the Delray Mall. --5-- Regular Commission Meeting September 17, 1996 I. SILVER TERRACE REZONINGS: QUASI-JUDICIAL HEARINGS (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. J. 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. QUASI- JUDICIAL HEARING K. 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. QUASI-JUDICIAL HEARING L. 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. M. TRANSFER OF CITY-OWNED PROPERTY/AGREEMENT WITH DOLPHIN BAY DEVELOPERS, INC.: Consider approval of an agreement between the City and Dolphin Bay Developers, Inc. wherein the City will execute a quit-claim deed for the 10 feet on the westerly side of the Dolphin Bay parcel in exchange for the conveyance of a 5 foot easement on the south side of the parcel to accommodate an existing lift station. The subject property is located on the west side of Venetian Drive, south of Nassau Street adjacent to the Seagate Towers Condominium. N. SALE OF CITY-OWNED PROPERTY/DELRAY BEACH RENAISSANCE PROGRAM: Consider approval of the Contract for Sale and Purchase for a City-owned lot on S.W. 6th Avenue, as subsidy for an income eligible applicant under the City's Housing Renaissance Program in the amount of $9,500. 11. Comments and Inquiries on Non-Agenda Items from the Public- I---ediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. -6- September 17, 1996 12. First Readings: A. LEVY PROPERTY LAND USE ACTIONS: 1. ORDINANCE NO. 41-96: An ordinance providing for a Small Scale Future Land Use Map amendment from Transitional to General Commercial for the Levy property located on the east side of South Federal Highway, between Avenue F and Avenue G. If passed, quasi-judicial hearing October 1, 1996. 2. ORDINANCE NO. 42-96: An ordinance rezoning the Levy property from POD (Professional and Office District) and RM (Medium Density Residential) District to SAD (Special Activities District). The subject property is located on the east side of South Federal Highway, between Avenue F Regular Commission Meeting September 17, 1996 12. First Re&dings: A. LEVY PROPERTY LAND USE ACTIONS: 1. ORDINANCE NO. 41-96: An ordinance providing for a Small Scale Future Land Use Map amendment from Transitional to General Commercial for the Levy property located on the east side of South Federal Highway, between Avenue F and Avenue G. If passed, quasi-judicial hearing October 1, 1996. 2. ORDINANCE NO. 42-96: An ordinance rezoning the Levy property from POD (Professional and Office District) and RM (Medium Density Residential) District to SAD (Special Activities District). The subject property is located on the east side of South Federal Highway, between Avenue F and Avenue G. If passed, quasi-judicial hearing October 1, 1996. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -7- CITY OF DELRAY BEACH, FL~...RIDA - CITY ~S..SION REGULAR MEETING - SEPTEMBER 17~ 1996 - 6:00 P.M. COMMISSION CHAMB~ THE AGENDA IS AMENDED BY ADDING ITEM 9.G. TO THE REGULAR AGENDA TO READ AS FOLLC~S: G. SETILEMENT OF DELRAY EXECUTIVE MALL V. CITY OF DELRAY BEACH: Consider settlement of the referenced matter as recommended by the City Attorney. WHEREAS, the City of Miyazu, Japan, and the City of Delray Beach, Florida, U.S.A., have been Sister Cities for over 19 years and have developed a relationship that continues to enrich our two cultures; and WHEREAS, Sister Cities International has chosen Delay Beach to host the Japanese Youth Goodwill Mission under the International Youth Development Exchange Program 1996; and WHEREAS, the City of Delray Beach is honored and proud to welcome this goodwill contingent of young men and women selected from all over Japan in an effort to promote mutual friendship and understanding through shared experiences; and WHEREAS, the focus of the Japanese Youth Goodwill Mission's visit will be volunteerism. To that end, the group's itinerary will include volunteering at the Boynton Beach Soup Kitchen, visiting a Habitat For Humanity homesite under construction, touring the Migrant Health Clinic, and visiting Morikami Museum, Carver Middle School, Palm Beach Photographic Museum and Old School Square. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby extend our warmest welcome to the JAPANESE YOUTH ~OODWILL MISSION in the hope that your visit to the United States of America, and Delray Beach in particular, is both educational and enjoyable, and that you will return home with a more personal understanding of our country and our culture. 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 17th day of September, 1996. MAYOR JAY ALPERIN SEAL WHEREAS, the Delray Ocean Rescue National Competition Team competed in the United States Lifeguard Association's (USLA) National Lifesaving Championships held in Daytona Beach, Florida, in August of 1996; and WHEREA~, over 60 teams competed from as far away as Maine, California, Hawaii and Australia; and WHEREAS, the Delray Ocean Rescue Team participated in all 14 sanctioned USLA events; and WHEREAS, the Delray Ocean Rescue Team defeated all other teams and brought home the ~old Medal in the Land Line Rescue, 400 Meter Surf Swim, Surf Rescue Race, Surf Ski and additional medals including 4 silver, 3 bronze and a 5th place medal, enabling the Delray Ocean Rescue Team to capture the Fourth Place overall in the United States; and WHEREAS, the involvement and achievements of the Delray Ocean Rescue Competition Team in this National Competition has generated much civic and community pride. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend Gold Medal Winners LANCE SEILER CAMERON BUCEK SCOTT MUNDELL CHRIS CRAWFORD SIMONE STRUM GRANT WHITCOMB and PATRICIA DAYMON and for their superior achievements A.J. DEFILIPPIS JOHN POTTS ~ARRETT PATTON HOUSTON PARK and MARK HENKEL for their representation of the City of Delray Beach and offer them congratulations on a job well done in the 1996 USLA National Lifesaving Championships. 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 17th day of September, 1996. MAYOR JAY ALPERIN W~ERF~Ug, our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America; and W~r~R~AS, it is of the greatest importance that all citizens fully understand the provisions and principles contained in the Constitution in order to support, preserve, and defend it against all encroachment; and W~ER~AS, the two hundred fifth anniversary of the Signing of the Constitution provides an historic opportunity for all Americans to read this magnificent document to understand why so many are willing to risk even life itself to obtain its cherished benefits; and WHEREAS, the independence guaranteed to American citizens, whether by birth or naturalization, should be celebrated by appropriate ceremonies and activities during Constitution Week, as designated by proclamation of the President of the United States of America in accordance with Public Law 915. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of September 17 through September 23, 1996 as CONSTITUTION WEEK in the City of Delray Beach, Florida, and urge all our citizens to reflect on the many benefits of our Federal Constitution and American citizenship. And, to Celebrate the Preamble to our Constitution ..,. "WE the People of the United States, in order to form a more perfect union, establish Justice, ensure domestic tranquility, provide for the co~unon defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establlsh this Constitution for the United States of America" ...... 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 17th day of September, 1996. MAYOR JAY ALPERIN SEAL WHEREAS, the health and welfare of our residents of Palm Beach County and its localities are of vital concern to all of us; and WHEREAS, the Sickle Cell Disease Association of America/Palm Beach County Chapter Inc. is instrumental in aiding in the dissemination of knowledge about the disease through education in the public schools, the community and health care settings; and WHEREAS, the Sickle Cell Disease Association of America/Palm Beach County Chapter, Inc. offers counseling relative to Sickle Cell Disease and the Sickle Cell Trait as well as support group sessions; and WHEREAS, the Sickle Cell Disease Association of America/Palm Beach County Chapter, Inc. provides educational assistance and scholarships for students and/or family members with Sickle Cell Disease; and WHEREAS, the Sickle Cell Disease Association of America/Palm Beach County Chapter, Inc. assists with screening and testing of individuals and their families; and WHEREAS, the Sickle Cell Disease Association of America/Palm Beach County Chapter, Inc. is hosting a "Kick Off" Reception September 20, 1996, at the Sheraton Hotel, West Palm Beach; and WHEREAS, the Sickle Cell Disease Association of America/Palm Beach County Chapter, Inc. and WPOM Radio Station are hosting its Annual Radio-Thon September 27-28, 1996, in order to raise monies to support the activities of the local Chapter. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim September 1996, as SICKLE CELL AWARENESS MONTH BREAK THE SICKLE CYCLE EXTEND AND ENHANCE THE QUALITY OF LIFE in Delray Beach, Florida, and urge all our citizens to learn more about this serious disease and support the efforts of the Sickle Cell Disease Association of America/Palm Beach County Chapter, Inc. in finding a cure. 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 17th day of September, 1996. MAYOR JAY ALPERIN MEMORD~IDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~i? SUBJECT: AGENDA ITEM # ~ - MEETING OF SEPTEMBER 17, 1996 FINAL SUBDIVISION PLAT/DELRAY LAKES DATE: SEPTEMBER 13, 1996 This is before the Commission to approve the final subdivision plat for Delray Lakes, consisting of 160 single family lots, located east of 1-95 on the north side of Lake Ida Road. The subject plat was previously approved by the Planning and Zoning Board at it meeting of March 18, 1996. Recommend approval of the final subdivision plat for Delray Lakes. Agenda Item NO. f~ AGENDA REOUEST Date: September 11, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 17, 1996 Description of item (who. what. where, how much): Approval of final subdivision plat for Delra¥ Lakes. All applicable permits have been received and staff comments addressed. ORDINANCE/RESOLUTION REQUIRED: YESO~R3IFT ATTACHED YES/~ Recommendation: Staff recommends a~oroval of~f~e~inal~ubdivision plat for D elray Lakes. //~ /~._~/ Department head signature: v _ ' 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:engine~tac~dellakes\AGg1796.DOC DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: Dan Beatty, P~ City Engineer ,/~ DATE: September 11, 1996 SUBJECT: Final Subdivision Plat Delray Lakes Attached is an agenda request for Commission approval of the final subdivision plat for Delray Lakes. The subject plat consists of 160 single family lots and was previously approved by the Planning and Zoning Board at the March 18, 1996 Planning and Zoning Board meeting. All applicable permits for the project have been obtained. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the September 17, 1996 Commission meeting for Commission approval. DB:mm attachment cc: Jasmine Allen, Planner File: Delray Lakes S :engine\tac\dellakes\agmem917.doc LAKE IDA ROAD L.W.LAT~:R~L $~. DR. ATLANTIC AVE. N D I='LRAY LAK F'S E.,.,,.I.o .,~,o. LOCATIO~ MAP CITY OF DELRAY BEACH. FL -- D~c, rr~_ ~As~ ~ S Y~TE~ -- S: \ ~RC~ ~ \ ~V~/NE~ ~ ~ CA~ ~ U~ \ L OCk~N~O.O~ ' IIIII I I I n ,,.~ ,,... ,,.,, ,,_ Z~g Z ~ -'JO t~ 'ON ~-q 3 I-i ~ ~ W ~.~ .zo ~JW W n~m ~ / W ~ ~ ~ / wn~ ~0P oO~ / ~uw~ ~ ,~ V~Z ~ I / % / - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY NAGER / { SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF SEPTEMBER 17, 1996 FINAL PAYMENT/ALL-RITE PAVING CONTRACTORS, INC. DATE: SEPTEMBER 13, 1996 This is before the Commission to approve a final payment in the amount of $5,929.05 to All-Rite Paving Contractors, Inc. for the Homewood Boulevard Roadway Repair project. The work has been completed and all contract requirements have been met. Recommend approval of final payment to All-Rite Paving Contractors, Inc. Funding is available from Roadway and Street Facilities - Homewood Boulevard (Account No. 334-3162-541-61.21). Agenda Item No. A~ENDAREQUEST Date: September 9, 1996 Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: September 17, 1996 Description of item (who, what, where, how much): Staff request City Commission approve Final Payment in the amount of $5,929.05 to All-Rite Paving Contractors, Inc., for their work on the Homewood Boulevard Roadway Repair Project. Funding for this project is available from Account No. 334-3162-541-61.21. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve Final Payment in the amount of $5,929.05 to All-Rite Paving Contractors, Inc., for their work on the Homewood Boulevard Roadway Repair Project. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/NO S~4--~I~.-~I.~['-~i Funding alternatives-- ' (if applicable) Account No. & Descri~pt~on Account Balance ~1~,~ ~F~. ~ City Manager Review: ApprovedHold Until: for agenda: ~/NO Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\9446\agreq917 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos6 Aguila, R.A. ~ Construction Manager Date: September 9, 1996 Subject: AGENDA REQUEST 9/17/96 Homewood Boulevard Roadway Repair Project No. 94-046 Attached is an agenda request for City Commission approval o£Final Payment in the amount of $5,929.05 to All-Rite Paving Contractors, Inc. for their work on the Homewood Boulevard Roadway Repair Project. The work has been completed and all contract requirement conditions have been met. Funding for this project is available from Account No. 334-3162-541-61.21. cc: William Greenwood 9/17/96 Agenda file File 94-046 (A) sS...\9446~agmem017 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ ~ - MEETING OF SEPTEMBER 17, 1996 FINAL PAYMENT/RIO-BAK CORPORATION DATE: SEPTEMBER 13, 1996 This is before the Commission to approve final payment in the amount of $10,632.53 to Rio-Bak Corporation for the cemetery expansion project. This figure reflects liquidated damages in the amount of $6,686.47 imposed due to late completion of the project. Recommend approval of the final payment to Rio-Bak Corporation. Funding is available from Cemetery Expansion (Account No. 667-4511-539-61.77. Agenda Item No.: ~ AGENDA REOUEST Date: September 11, 1996 Request to be placed on: 1/ Regular Agenda __. Special Agenda __ Workshop Agenda When: September 17, 1996 Description of item (who, what, where, how much) Agenda request for Commission approval for final payment to Rio-Bah Corporation in the amount of $10,632.53 for the Cemetery Expansion - Project No. 93-65. A Contractor Evaluation is attached for your review. Funding source for this project is Account NO, 667-4511-539-61.77 (Cemetary Expansion) ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends final payment to Rio-Bah Corporation. Department Head Signature: ~f'~:'! ~,,~'~.~...~..~.--c--~© ~-/~/'/~-/'~ ~ Determination of Consistency with Comprehensive Pan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available(~7-~O Funding alternatives ~/"--"~ Jilt ,-_(if applicable) Account No. & Description Account Balance ~t /t3 Ci~ Manager Review: Approved for agenda: O Hold Until: Agenda Coord~ator Review: Received: Placed on Agenda: Action: Approve~isapproved /agenda.doc Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Div~ Date: September 11, 1996 Re: Cemetery Expansion - Project 93-65 Final Payment Request Attached for Commission approval is an agenda request for final payment to Rio-Bak Corporation in the amount of $10,632.53 for the above referenced project. A Contractor Evaluation is attached for your review. Funding Source is 667-4511-539-61.77 (Cemetery Expansion) File: Memo to City Manager 9365A 9365memo WARRANTY OF TITLE (For Periodic Progress Payments) STATE OF FLORIDA ) ) SS -CONTRACTOR: RZO-B~,K ~ON PALM BEACH COUNTY ) '- CEMETERY EXPANSION - DELRAY BEACH PROJECT NO. 93-065 BEFORE ME, the undersigned authority, personally appeared M~.RK A. (the "Affiant"), who after being duly sworn, says that he is the "CONTRACTOR", pursuant to a Contract (the "Contract") dated t~m '29 , 19 95 with the CITY OF DELRAY BEACH, FLORIDA, (the "OWNER"), for the supply of certain labor and/or materials (the "Work"), to certain property, as shown and described in the Contract Documents, subsequent Addendums or Change Orders, and on behalf of the Contractor makes the following warranties: I. The CONTRACTOR warrants that it has fully completely in accordance with the plans and specifications therefor, that portion of the Work, pursuant to the Contract (the "Completed Work") covered by the attached Periodic Progress Payment Request. II. The CONTRACTOR further warrants and represents that: 1. All subcontractors, vendors, materialman, suppliers and other parties of whatever kind of nature who are entitled to payment from the CONTRACTOR for providing labor and/or materials to the CONTRACTOR pursuant to the Contract as of the date in the last previous request for payment have been paid in full and therefore have delivered to the CONTRACTOR validly executed Partial Release of claims with respect thereto. 2. Title to all materials and equipment covered by the attached Periodic Pay Request for Payment dated AUSUm' 3~_ ,19 96 , passes to the City at the time of payment free and clear of all liens. MARK A. MISq~Or VICE PRESIDt~T (Title) SWORN TO AND SUBSCRIBED before me this ~rm4 day of S'Et:,t'~aa~ , 1 996 1~.~:,~%'.4-.~ ~XP,R~S:,o~,,,, ~0. ,~? My Commission Expires: RIO-B~K CORPORATION TEL:407-?91-9734 Sep 1~'96 11:45 N0.O06 P.02 I-- 0 0 I 0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~,.~ SUBJECT: AGENDA ITEM ~ ~' P' - MEETING OF SEPTEMBER 17, 1996 FINAL PAYMENT/RIC-MAN INTERNATIONAL, INC. DATE: SEPTEMBER 13, 1996 This is before the Commission to approve final payment in the amount of $9,891.80 to Ric-Man International, Inc. for sanitary sewer rehabilitation, Lift Station basins 008, 018, and 032. Recommend approval of final payment to Ric-Man International, Inc. Funding is available from Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). Agenda Item No.:__~ AGENDA REOUEST Date: September 11. 1996 Request to be placed on: Regular Agenda __ Special Agenda __ Workshop Agenda When: September 17. 1996 Description of item (who, what, where, how much) Agenda request for Commission approval for final payment to Ric-Man International, Incorporated in the amount of $9,891.80 for the Sanitary Sewer Rehabilitation L.S. Basins 008, 018 and 032 - Project No. 92-22. A Contractor Evaluation is attached for your review. Funding source for this proje¢~ is Accourl~ No. 442-5178-536-61.84 (Manhole Rehab R & R/ ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends final payment to Ric-Man International. Incorporated. Determination of Consistency with Comprehensive Pan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ~'}NO Funding alternatives (/~ Account No. & Desc. r. jlltion --~Account Balance City Manager Review: HoldApproved for agenda: &/NO Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.doc Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction ~iSion Date: September 11, 1996 Re: Sanitary Sewer Rehsbilitation L.S. Basins 008, 018, and 032 - Project 92-22 Final Payment Request Attached for Commission approval is an agenda request for final payment to Ric-Man International, Inc. in the amount of $9,891.80 for the above referenced project. A Contractor Evaluation is attached for your review. Funding Source is 442-5178-536-61.84 {Manhole Rehab - R&R) File: Memo to City Manager 9222A 9447memo SEP-11-1996 11: 22 FROM R I C-MAN ! NTERNAT I ONAL TO 14072437314 P, 02 RIC4~IAN INTERNATIONAL, INC. 2~0t N.W. 48TH STREET POMPANO I~EACH. FLORIDA ~g073 DAI~.; ~Otember 6, lg;6 REQUESY FO~R PAYMF_~FF I~ROJ~C~. ~L~NITARY $~"WER ~Y~TEM REH REQUESTION NO: 5 Final UFT STATION I~ROJEC~' NO. 92.2~ CONTRACT 1,2,3 OWNER: CITY OF O~r.l~kY BEACH GENTLEMEN: THiS REQUEST FOR PAYMENT I$ FOR WORI( COMI~ETED ON THE ABOVE REFERENCED PROJECT FOR THE PAY PERIOD =.HDING: De~en~x~ 31, 1995. TOTALS[ TO DATE AI~qOUNT OF ORIGINAL CON]~ACT 1. $ 448,870.{30 ~ PROVED CHANGE ORDER~INCREASE (DECREASED} :~, $ 4§,719.:i~9 'OTAL CONTRA¢? & Al=PROVED CHANGE ORDERS 3. $ VAI. UE OF WORK PERFORMED 4, $ 494,509. ,~O (PEP. BREAK~OV~ ATTACHED~ VALUI~ OF MATERIALS STORED ON SITE 5. $ TOTAL REQUISITIONED 6. $ 4~4,~,~ ~.,!~OUNT EARNED TO DATE 7. $ 4~,$$e 99 ~. ~ R~L-VIOU$ APPLICATIONS g, $ (4~4,$~0.1 g) :,;4..AN3;E TO C~PLETE ! 1. $ 0.~ ~-': ~O;~T~¢TOR CEEI~FtES ~? N.'L ~~. b~R AND SE~CES ~$HEO ~Y H~ ~ROUGH THE AS~ ~moNEO PAY . ~. ~ . .' HAVE SEEN FULLY P~D FOR (~C~AS ~1~0 H~I~ON ~lLO~ U0 THE ~R~ISE8 OF ~4E ~ ~!0 JOE UNN~ BE ~E J];ECr ~0 AH¥ VALI0 UE~ OR O~N ~Y ANYO~I ~0 FU~I~HEO ~ATER[ ~BOR O~ ~0~ - ,:N;JEC~'iON ~ ALL ~R~L~, ~R AND SER~ES FURNISHED BY ~E CO~OR ~R~JGH ~lS PAY ~RIO0, ' *~ ~ ~E~SE 1~ G~/EN }N ORDER TO INDUCE PA~ IN ~E ~OU~ OF ~,8al ~CTOR THIS REC~ ~C~E~ ~N ~U~ FORCE ~D ~ PRESIDE~ SEP-11-1996 11: 22 FROM R ! C-MAN I NTERNAT I ONAL TO 14072437314 P. 03 0 II II il II 11 II ' , I; Il Il ~ Il ill II Il [[II ~,, , ,,,f SEP-i1-1996 11:23 FROM RIC-MAN INTERNATIONAL TO 14072437314 P.04 !~ ~ ~ ~ ~ lr ri I1 I1 ~ - ~ ~ ~ ,, , .. - ~ ~ ~ ~ ,, II II 11 __ II ~ ~ ~ ~~ ~ ~ ~ ,,,, ~ II ~ II Il II ~ ~ ~ II II SEP-11-1996 11:23 FROM RIC-MAN INTERNATIONAL TO 14872437314 P.05 .... : ' II II Ii ~__ II Z ~ II II ~ ~" ~ ~ ~ m ~ ~ ~ ~ ~ II II II II &" II , II II il ~ ~ II II Il SEP-11-1996 11: 24 FROM R!C-MAN INTERNATIONAL TO 14072437~14 P. 06 -~" II ~,,, ~--,, ~ . II II :Il II r II I1 - I1 II II II Il Ii II II 11 I1 II I! II II II ,, II II ,11 II ~ ~1 fl__ ti il Il ~ ~ ~ ~,,,, ,, II II II II II II SEP-11-1996 11:74 FROM RIC-MAN INTERNATIONAL TO 14072437314 ~~ ~g~. -," , II II II II 11 II II II II " II !1 II 0 II .. ,,~ - Ii ~ II ~ ItIl ,, ,, II SEP-11-1996 11:24 FROM RIC-MAN INTERNATIONAL TO 14092437314 P.08 $EP-11-1996 11:24 FROM RIC-MAN INTERNATIONAL TO 14072437~14 P.09 SEP- 11-1996 11: 25 FROM R I C-MAN I NTERNAT I ONAL TO 1407243731~ P. 1~ m ~ ~ 11 . ,. II ~ il II II II IT II ~ I1 11 II 11 II II ~ 11 ~ II . ...,,._ II ~ "~ ~ II " II ~ ~ II II ,,,, ~ i II I~ ~ ~ II !1 ~ II ~ ,, ~ ~ ~ ,, ,, U ~ II ~ II II SEP-1!-1996 11:25 ~ROM RIC-MAN INTERNATIONAL TO 1~07243731~ P.12 SEP-11-1~6 11:26 FROM RIC-MAN INTERNATIONAL TO 14072437314 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~ ~' ~'- - MEETING OF SEPTEMBER 17, 1996 FUNDING SUBSIDIES/DELRAY BEACH RENAISSANCE PROGRAM DATE: SEPTEMBER 13, 1996 This is before the Commission to approve funding subsidies for three eligible applicants under the Delray Beach Renaissance Program which focuses on very low, low, and moderate income persons. The Renaissance Program Memorandum of Understanding was approved by the Commission on January 23, 1996. In partnership with Delray Beach Community Development, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, Inc., the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, the City is committed to providing home ownership opportunities to 80 home buyers through new construction and acquisition/rehabilitation beginning October 1, 1995 through September 30, 1997. The three applicants are Belinda Davis for vacant property located on N.W. 3rd Avenue, in the amount of $14,517.10; Michelle Haynes for vacant property located on N.W. 6th Avenue, in the amount of $13,973.90; and Marjorie Nelson for vacant property located on N.W. 3rd Street, in the amount of $10,221.00. Recommend approval to fund subsidies for three eligible applicants totaling $38,712 ($26,872.30 from HOME Account #118-1923-554-83.01, and $11,839.70 from SHIP Account #118-1924-554-83.01). Agenda Item No.: ~' AGENDA REQUEST Request to be placed on: Date: SEPTEMBER 10, 1996 Regular Agenda Special Agenda · '--- Workshop Agenda XX Consent Agenda When: SEPTEMBER 17, 1996 · Description of item (who, what, where, how much): Authorization and approval to issue subsidy to eligible applicants under the Delray Beach Renaissance Program totalin~ $38,?12.00.Three applicants. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Funds are to be awarded from HOME Investment Partnership Program and State Housing Initiatives Partnership(SHIP) Program dollars. HOME Total $26,872.30 Account # 118-1923-554-83.01 SHIP Total $11~839.70 Account # 118-1924-554-83.01 (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55)~. /~ _ Department Head Signature: ~-~u/ ~_~.~ City Attorney Review/ Recommendation (if applicable): Budget Director Review ( required on all items involving expenditure of funds): Funding available :~/NO · - Funding alternativ~s~/ ~zAccount No. & DescriDtio~ ~ ~ccount Balance: '~~~, Approved for agenda' Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David Harden, City Manager I ~/L Thru: Lula Butler, Community Improvement Director From: Dorothy Ellington, Community Development Coordinator Date: September 10, 1996 Subject: Renaissance Program Subsidy Recipients ITEM BEFORE THE COMMISSION: City Commission authorization and approval to issue subsidy to three eligible applicants under the Delray Beach Renaissance Program. BACKGROUND: The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In parmership with the Delray Beach Community Development Corporation, The TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1997. The Renaissance Program focuses on very low, low and moderate income persons in Delray Beach. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Programs parmer and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit, are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less $40,000 per unit, are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION: Staff is recommending City Commission approval to fund subsidy for thc eligible applicant of the following property: *Lot 18, Block 41, Town ofLinton / $14,517.10 *Lot 18, Block 18, Town of Delray / $13,973.90 *Lot 13, Block B, Carver Memorial Park / $10,221.00 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION XX CENSUS TRACT 68.01 NAME Belinda Davis PROPERTY ADDRESS XXX N.W. 3rd Avenue. Delray Beach LEGAL DESCRPTION Lot 18, Block 41, Town of Linton PB 5, Pg 65 % OF AREA MEDIAN HOUSEHOLD INCOME 50 # IN HOUSEHOLD 2 COST OF HOUSE $66.850 COST OF LOT $ 9,000 CLOSING COSTS $4,148.10 TOTAL TRANSACTION $79.998.10 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 54.000 CFC Bank RATE 8.0 LTV 71.38% SECOND MORTGAGE $ 10,080.00 City of Delray, HOME $ 4,437.10 City_ of Delray. SHIP $ CRA of Delray $ 1,600.00 Housing Authority. THIRD MORTGAGE $ 4,000.00 Federal Home Loan Bank GRANT $ HTF "A" PERMIT/IMPACT FEES WAVIED $ 2~500.00 CDC/BUILDER CONCESSION $ 1,000.00 APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 500.00 Paid at closing $1,576.00 TOTAL TRANSACTION $79.988.10 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION XX CENSUS TRACT 68.01 NAME Michelle Haynes PROPERTY ADDRESS XXX N.W. 6th Avenue, Delray Beach LEGAL DESCRPTION Lot 18~ Block 18, Town of Delray Beach PB 1, Pg 3 % OF AREA MEDIAN HOUSEHOLD INCOME 46 # IN HOUSEHOLD 5__ COST OF HOUSE $65.330 COST OF LOT $8.500 CLOSING COSTS $4,801.90 TOTAL TRANSACTION $78,631.90 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 5&500 CFC Bank RATE 8.000 LTV 74.34% SECOND MORTGAGE $ 9,702.00 Ci_ty of Delray. HOME $ 4,271.90 Ci.ty of Delray, SHIP $ CRA of Delray $ 1,540.00 Housing Authority THIRD MORTGAGE $ 3,200.00 Federal Home Loan Bank GRANT $ HTF "A" CITY PERMIT FEES WAVIED $ 1,400.00 APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 500.00 Paid at closing $1213.00 TOTAL TRANSACTION $78,631.90 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION XX CENSUS TRACT 68.01 NAME Marjorie Nelson PROPERTY ADDRESS XXX N.W. 3rd Street, Delray Beach LEGAL DESCRPTION Lot 13~ Block B. Carver Memorial Park PB 20, Pg 56 % OF AREA MEDIAN HOUSEHOLD INCOME 56 # IN HOUSEHOLD 3 COST OF HOUSE $77,155 COST OF LOT $6,800 CLOSING COSTS $4.165.00 TOTAL TRANSACTION $88,120.00 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 71.700 CFC Bank RATE 8.000 LTV 84.35% SECOND MORTGAGE $ 7,090.30 City of Delray, HOME $ 3,130.70 City of Delray, SHIP $. CRA of Delray $ 1~ ! 26.00 Housing Authority_ THIRD MORTGAGE $ 3,200.00 Federal Home Loan Bank GRANT $. HTF "A" CITY PERMIT FEES WAVIED $. APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 500.00 Paid at closing $1068.00 TOTAL TRANSACTION $88,120.00 MEMORkNDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM $ fF - MEETING OF SEPTEMBER 17, 1996 RESOLUTION NO. 69-96 DATE: SEPTEMBER 13, 1996 This is a resolution assessing costs for abatement action required to remove nuisances on nine properties located throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 69-96 assessing costs for abating nuisances on nine properties within the City. RESOLUTION NO. 69-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WMEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WMEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will - 2 - Res. No. 69-96 accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1996. MAYOR ATTEST: City Clerk - 3 - Res. No. 69-96 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DES CRI PT I ON OWNER AS SE S SMENT TROPIC PALMS PL NO. 2, DOUGLAS R. & $ 35.00 LOT 761, PB 25, P 135, DOROTHY TERRILL 70.00 (ADM. COST) PUBLIC RECORDS OF PALM 1477 GALLINULE CIR. BEACH COUNTY, FL DELRAY BEACH, FL 33444 (1416 GALLINULE CIR.) TOWN OF DELRAY, S60' OF KEITH A. & MAVIS DENNIS $ 40.00 LOT 4, LOT 5 & N 1.25' 998 WHIPPORWILL TERRACE 70.00 (ADM. COST) OF LOT 6, BLK 59, PB 1, WEST PALM BEACH, FL 33411 P 3, (OLD SCHOOL SQUARE HISTORIC DISTRICT) , PUBLIC RECORDS OF PALM BEACH COUNTY, FL (119 NW 1ST AVENUE) ESQUIRE SUB E., 200' OF GLENN R. & LOT 16, PB 23, P 43, PATRICIA S. HAGGERTY $ 65.00 PUBLIC RECORDS OF 862 SW 21ST LANE 70.00 (ADM. COST) PALM BEACH COUNTY, FL BOCA RATON, FL 33486 (1036 SW 9TH AVENUE) POINCIANA HEIGHTS OF CARTERET SAVINGS BANK $ 69.00 DELRAY BEACH, LOT 24, c/o SPEAR & HOFFMAN 70.00 (ADM. COST) PB 26, P 245, PUBLIC 700 S. DIXIE HWY, 2ND FL. RECORDS OF PALM BEACH CORAL GABLES, FL 39146 COUNTY, FL (232 NW llTH AVENUE) DELRAY MANOR ADD TO LOUIS V. LAJEUNE & $ 48.00 DELRAY, LOT 18, PB 12, DELVA WALKY 70.00 (ADM. COST) P 59, PUBLIC RECORDS OF 501 SW 10TH STREET PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (501 SW 10TH STREET) LAKE IDA SHORES, LOT 8, NETWORK FINANCIAL CORP. $ 61.00 (LESS N 20'), BLK 3, P.O. BOX 600429 70.00 (ADM. COST) PB 25, P 54, PUBLIC MIAMI, FL 33160 RECORDS OF PALM BEACH COUNTY, FL (532 NW 8TH AVENUE) TOWN OF DELRAY, S 150' FRED D. MC COY & $ 61.00 OF W 135.5' OF BLK 26, AMERIFIRST 70.00 (ADM. COST) PB 5, P 64, PUBLIC 17500 NW 68TH AVE., #210 RECORDS OF PALM BEACH HIALEAH, FL 33015 COUNTY, FL (415 NW 2ND STREET) - 4 - Res. No. 69-96 ODMAN'S SUB, LOT 23, LEON I. & GAIL R. JENKINS $ 59.00 BLK 4, PB 4, P 53, 16049 RIO DEL SOL 70.00 (ADM. COST) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33446 BEACH COUNTY, FL (21 SW 14TH AVENUE) SILVER TERRACE, DELRAY, MAUREEN MAAS $ 59.00 LOT 21, BLK 6, PB 11, 3825 LONE PINE ROAD 70.00 (ADM. COST) P 61, PUBLIC RECORDS OF DELRAY BEACI~, FL 33445 PALM BEACH COUNTY, FL (1015 MIAMI BLVD. ) VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. -5- Res. No. 69-96 I:IT¥ OF DELRI:I¥ BEI:II:H Writer's Direct Line: (407) 243-7091 DEtRAY BFA£H Al[America City MEMORANDUM 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Demand for Judgment - Lorraine Bonds v. City of Delray Beach Our office has received a demand for judgment in the case of Lorraine Bonds v. City. of ~ in the amount of $50,000.00. This case stems from an accident with a City police vehicle which occurred on April 23, 1995 at approximately 9:00 p.m. The police officer was going westbound on S.W. 4th Street. The police officer was responding to an emergency with his emergency equipment activated. The police officer slowed, but did not stop at the stop sign and proceeded through the intersection of S.W. 4th Street and S.W. 8th Avenue. There was a collision at the intersection between the police vehicle and the vehicle driven by Lorraine Bonds. Ms. Bonds, with two passengers, was going northbound on S.W. 8th Avenue at the time of the accident. Ms. Bonds claims that upon reaching the intersection, she heard sirens and tried to locate where the sirens were coming from by slowing down and looking in all directions, but before she made the determination of where the sirens were coming from, the collision occurred. Ms. Bonds claims headaches, back pain, injury to her left hand and pain to her elbow, thigh and foot. Her total medical bills to date are $13,000.00. Her claimed lost wages to date are $300.00 and she claims mileage to compensate her for doctors visits of $150.00. Her claimed injuries are soft tissue in nature. She has been given a 9% impairment rating by her physician. Florida Statutes Section 316.126 requires drivers to yield the right of way to emergency vehicles and requires the driver upon hearing or seeing an emergency vehicle to immediately proceed to a position parallel to and as close as is reasonable to the curb, clear of any intersection. The statute also requires emergency vehicles to proceed in a manner consistent with the laws regulating vehicular traffic and to drive with due regard for the safety of all persons using the highway. The facts of this case as we now know, would indicate potential liability for the City and comparative negligence on behalf of the driver. Our office believes that the $50,000.00 demand for judgment is excessive in light of the nature of the claimed injuries and the potential comparative negligence of Ms. Bonds. Therefore, our office would recommend that the City Commission deny the demand for judgment in the amount of $50,000.00 at this time. By copy to David Harden our office requests that the plaintiff's demand for judgment be placed on the City Commission agenda for September 17, 1996 for Commission action. f you have any questions regarding this case. cc: David Harden, City Manager Chief Richard Overman, Delray Beach Police Department Eric Hightower, Police Legal Advisor Officer Coxhead, Delray Beach Police Department Frank Babin, Risk Manager bonds6.sar MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY M32XlAGER~ SUBJECT: AGENDA ITEM ~ ~ '/7' - MEETING OF SEPTEMBER 17, 1996 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: SEPTEMBER 13, 1996 Attached is the Report of Appealable Land Use Items for the period September 3 through September 13, 1996. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRI~CTOR DEPARTMENT OF PLANNING AND ZONING FROM: / JASMIN ALLEN, PLANNER SUBJECT: MEETING OF SEPTEMBER 17, 1996 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 3, 1996 THRU SEPTEMBER 13, 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 September 3, 1996 through September 13, 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 17, 1996 Page 2 A. Approved with conditions (4 to 0), a request for a Certificate of Appropriateness associated with facade changes including the replacement of windows and exterior doors, removing the aluminum hurricane awnings and installing traditional shed style vinyl awnings and a new roof for a contributing single family residence located at 246 North Swinton Avenue. No Regular Meeting of the Board was held during this period. No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR OF SEPTEMBER 17, 1996 L-30 CANAL O~ LAKE IDA ROAD i < ATLANTIC ~,VEI ATLANTIC A LOWSON BOULEVARD m LINTON BOULEVARD L-58 CANAL C-15 CANAL c~w UM,TS H.P.B.: A. - 246 N. SWINTON AVENUE MILE SCALE CITY OF DELRAY BEACH, FL PLANNING DEPARTMENT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~/i - MEETING OF SEPTEMBER 17, 1996 AWARD OF BIDS AND CONTRACTS DATE: SEPTEMBER 13, 1996 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Emergency purchase award to Otto Industries, Inc. for an additional 1,400 32-gallon sanitation roll-out carts, at a total cost of $43,750 from 433-3711-534-52.27 (funded from prior year surplus). 2. Bid award to Intercounty Engineering, Inc. as lowest responsive bidder, for lift station rehabilitation in the base bid amount of $212,360 from 442-5178-536-61.83 through budget transfer from 61.84. 3. Bid awards through the Community Development Block Grant Program to Preston Construction Company for housing rehabilitation projects at 214 S.W. 14th Avenue in the amount of $16,425, and at 805 S.W. llth Avenue in the amount of $15,370, with funding from 118-1963-554-49.19. 4. Bid award to Chaz Equipment Company, Inc. for emergency sewer main repair in the Rainberry Bay subdivision, in the amount of $19,590 from 442-5178-536-63.51. 5. Bid award to Softmart, Inc. for the purchase of two-year Microsoft Upgrade Package and System Management Software, in the amount of $38,585, with funding from various departmental accounts. 6. Bid renewal award to Praxair, Inc. for CO2/Carbon Dioxide for the Water Treatment Plant, via joint bid with the City of West Palm Beach, at an estimated annual cost of $68,544 from 441-5122-536-52.21. 7. Bid award to Bell South Communications for purchase of Meridian Norstar Telephone System for Human Resources, Planning and Zoning, and the City Manager's office, as well as a switchboard for the receptionist, in the amount of $17,162.11 from 334-6112-519-64.12. Agenda Item No.: AGENDA REQUEST Date: September 11, 1996 Request to be placed on:, XX Regular Agenda Special Agenda Workshop Agenda When: September 17, 1996 Description of agenda item (who, what, where~ how much): Emergency Purchase Award to Otto Industries, Inc., for an additional 1,400 extra 32 gallon sanitation rollout carts, at a total cost of $43,750. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Purchase of 1,400 extra 32 Kallon sanitation rollout carts to Otto Industries. Inc, at ~ ~otal cost of $43,750. Fundin~ from account #433~00C 301 46.0~- · x .Department Head Signature:r ~ __ f ~~~~~ Determination of Cons,stency wlt~mprehens~L: ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~NO Funding alternativ~s~/ z ' (if~applic~able~ Account No. & Des~ription:~4-~c~ili~4.~3-~ ~]i/O{,<~. ~O Account Balance: %~ i'~,~.~ ~~~ ,-..~?C/1~%.~/~'' City Manager Review: Approved for agendaj ~/ NO ~ Hold Until:· Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager Jacklyn Rooney, Senior Buyer ~ FROM: THROUGH: Joseph Safford, Finance Director DATE: Septer~er 11, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING SEPTEMBER 17, 1996 - EMERGENCY PURCHASE AWARD - SANITATION ROLLOUT CARTS Item Before Commission: The City Commission is requested to approve the purchase of an additional quantity of 1,400 sanitation roll out carts to Otto Industries, Inc., at a total cost of $43,750. Background: The purchase of these carts was previously awarded to Otto Industries, Inc. at the June 18, 1996, City Commission meeting. The City is in need of these additional carts for several neighborhoods which rejected the 95 gallon cart and requested a 32 gallon cart. These carts need to be ordered immediately to start production so delivery will meet our requirements for start-up date of garbage collection contract. The vendor has agreed to the extend to City the same prices as awarded to them at the June, 1996, Commission meeting. Recommendation: Staff recommends the purchase of 1,400 extra 32 gallon sanitation rollout carts to Otto Industries, Inc., at a total cost of $43,750. Funding from account ~443-3711-534-52.27 (Prior Year Surplus). Attachments: Commission Agenda Dated June 13, 1996 Agenda Item No.__ AGENDA REOUEST Date: September 10, 1996 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: September 17, 1996 Description of item (who, what, where, how much): Staff requests Commission Award ~ construction contract to Intercounty Engineering. Inc. i~ the Base Bid amount of S212.360.00 for Rehabilitation of Lift Stations 10.88 and 105. Project ~93-064. Intercounty Engineering is the lowest responsive bidder and has performed satisfactorily on past City work. Staff anticipates expanding the contract scope through contract addition to include alternate bid items for Lift Stations 3.32 and 83 as funding becomes available. Funding is from R&R Account ~442-5178-536- 61.39. Lift Station conversion to submersible (Budget transfer attached). ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO Recommendation: Staff recommends award of Lift Station Rehabilitation contract to Intercounty Engineering. I~c. Department head signature: ~./.~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~/NO Funding alternatives~ (if applicable). Account No. & Descript~0n~5-/?~--~-~~.,~. ~ 57W C~ Account Balance ~/7~~ ~ City Manager Review: ~°~ Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Di s approved file: s: eng/eng/proj/9364/of ficial/ag917, doc. MEMORANDUM TO: David T. Harden City Manager q~ FROM: Richard C. Hasko, P.E. Asst. City Engineer SUBJECT: REHABILITATION OF LIFT STATIONS 3,10,32,83,88,105 PROJECT NUMBER 93-064 DATE: September 10, 1996 Attached is an Agenda Request and Tabulation of Bids opened on August 27, 1996, for construction of the subject project. The lowest responsive bid was submitted by Intercounty Engineering, Inc, in the base bid amount of $212,360.00. The base bid includes rehabilitation of Lift Stations 10, 88, and 105. These represent the highest pri6rities of the six stations included in the overall bid. Our intent is to award this contract for the base bid scope and expand the project through contract additions to include the alternate bid stations 3, 32 and 83 as renewal and replacement funds become available during the next fiscal year. Intercounty remains the low bidder for add alternate items. Based on the proposal submitted by Intercounty Engineering, Inc., and their satisfactory performance on past contracts with the City, we are recommending award of the Lift Station Rehabilitation contract to Intercounty Engineering in the base bid amount of $212,360.00. Funding is from R&R account #442-5178-536-61.83, Lift Station conversion to submersible (Budget Transfer attached). Please place the item on the September 17 Agenda for consideration by City Commission. RCH/gm Att.: cc: William H. Greenwood, Director of Environmental Services Robert Bullard, Maintenance Division File: Agenda File file: s/eng/eng/proj/93-64/official/agmemo.doc Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: September 9, 1996 ~ Regular Agenda Special Agenda __ Workshop Agenda xxxx Consent Agenda When: September 17, 1996 Description of item (who, what, where, how much): CASE# ADDRESS GRANT AMOUNT 95-011HR 214 Southwest 14th Ave. $16~425.00 94-009HR 805 Southwest llth Ave. $15~370.00 (Example: Request from Atlantic High School for $2,000 to funds project graduation). ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of Community Development Block Grant Program Housing Rehabilitation Grant Awards and Contract Award(s) from Account # 118-1963-554-49.19 grant amount includes contingency. (Example: Recommend approval with funding from Special Events Account No. 001- 3333-555-44.55) Department Head Signature: j City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items i~expenditure of funds): Funding available: (~/NO ~ Funding Alternatives: .~ . /(j~pptl~able/), i.~ .~&. Account No. & Description: I/~ Account Balance: City Manager Review: Approved for agenda: ~0 Hold Until: , Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Dorothy Ellington, Community Development Co/orflj.nator THRU: Lula Butler, Community Improvement Director DATE: September 9, 1996. SUBJECT: Community Development Block Grant Program Activities Housing Rehabilitation Grant Awards ITEM BEFORE THE COMMISSION This is to request approval for 2 Housing Rehabilitation Grant Awards. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change orders. All unused funds remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. RECOMMENDATION Staff recommends Housing Rehab. Grants be awarded for the following: CASE// ADDRESS GRANT AMOUNT 95-011HR 214 SOUTHWEST 14TH AVE. $16,425.00 94-009HR 805 SOUTHWEST 11TH AVE. $15,370.00 CITY OF DELRA Y BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 96.-64HR APPLICANT: LINDA A. CLAY APPLICATION #: 94-009HR PROJECT ADDRESS: 805 SOUTHWEST llTH AVENUE DATE OF BID LETTERS: AUGUST 28~ 1996 DATE OF BID OPENING: SEPTEMBER 9~ 1996 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ ALPHA ULTRA INC. $ BEEKMAN CONSTRUCTION $ DAKOTA CONSTRUCTION INC. $ INTERCONTINENTAL CONST. CORP. $ HENRY HAYWOOD $18~745.00 H.M.P. BUILDERS, INC. $ NO BID EDWARD J. KAPLAN $ NO BID PRESTON CONTRACTION $15~370.00 RAY GREAVES $18~025.00 SOUTH FLORIDA CONSTRUCTION $ IN-HOUSE-ESTIMATE: $16~475.00 CONTRACTOR AWARDED CONTRACT: PRESTON CONSTRUCTION COMPANY BID/CONTACT AMOUNT: $15~370.00 COMMENTS: BID AWARDED TO LOW BIDDER BIDFORM/PG1 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET FOR EMERGENCY REPAIR BID #:96-64HR APPLICANT: CHARLOTTE BRAYBOY APPLICATION #: 95-011HR PROJECT ADDRESS: 214 SOUTHWEST 14TH AVENUE DATE OF BID LETTERS: AUGUST 28~ 1996 DATE OF BID OPENING: SEPTEMBER 8~ 1996 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ ALPHA ULTRA INC. $ BEEKMAN CONSTRUCTION $ DAKOTA CONSTRUCTION INC. $ INTERCONTINENTAL CONST. CORP. $ HENRY HAYWOOD $ H.M.P. BUILDERS, INC. $ NO BID EDWARD J. KAPLAN $ NO BID PRESTON CONTRACTION $16~425.00 RAY GREAVES $20~015.00 SOUTH FLORIDA CONSTRUCTION $ IN-HOUSE-ESTIMATE: $14~490.00 CONTRACTOR AWARDED CONTRACT: PRESTON CONSTRUCTION COMPANY BID/CONTACT AMOUNT: $16~425.00 COMMENTS: BID AWARDED TO LOW BIDDER BIDFORM/PG2 Agenda Item No. AGENDA REOUEST Date:September 12. 1996 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When:September 17. 1996 Description of item (who, what, where, how much):Staff requests Commission approval of an emergency sewer main repair at the intersection of Rainberry Bay Circle South and NW 29th Ave. in the Rainberry Bay subdivision. The damaged sewer line is approximately 12 feet deep and has sheared outside the manhole causing a sinkhole in the intersection. The manhole also needs sealing to relieve existing leakage problems. The lowest of three quoutes for this work was submitted by Chaz Equipment Co., Inc. in the amount of $19,590.00. Funding is from R&R Account #442-5178-536-63.51, sewer mains ORDINANCE/RESOLUTION REQUIRED:~ DRAFT ATTACHED ~ Recommendation: S~aff recommends approval of emergency sewer main repair. ~~~~ ~ 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:~.~O .Funding alternatives /~.~ ~(if applicable) Account No. & Description Account Balance ~ /~.~ City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO.: DAVID T. HARDEN City Manager FROM: Richard C. Hasko, P.E. Asst. City Engineer SUBJECT: EMERGENCY SEWER REPAIR RAINBERRY CIRCLE S. AT N.W. 29TH AVE. DATE: September 12, 1996 Attached is an Agenda Request for Commission approval of an emergency sewer repair at the subject location within the Rainberry Bay Subdivision. The manhole is approximately 12 feet in depth and the 8" clay northerly influent line has sheared just outside the manhole causing a sink hole in the intersection. The manhole structure itself is infiltrating and in need of sealing. City crews have attempted to repair the broken sewer main using trenchless techniques with no success. Quotes for sewer main repair and manhole sealing have been solicited and submitted as follows: Chaz Equipment Co., Inc. $19,590.00 Johnson - Davis, Inc. 28,800.00 Ric-Man International, Inc. 35,000.00 Based on your verbal approval, we have directed Chaz Equipment Co. to mobilize and proceed with the emergency repair for the proposal of $19,590.00. Funding is from R&R Account #442-5175-536-63.51, sewer mains. Please place this item on the September 17, agenda for Commission Approval. RCH/gm Att: cc: William H. Greenwood, Director of Environmental Services Michael S. Offie, Manager, W/S Network C. Danvers Beatty, P.E., City Engineer Jackie Rooney, Senior Buyer file: Agenda file file :s/eng/eng/tac/rainberry bay/agdmemo.doc SEE SHE~ 24 ,~ LAKE SECT. N.,~/. 6TH ST. :~ :.~ 'c~ s , '~ :'( N.W. ,'71YI CT.", -% :',:::::':.~'--=,:::-'"~ :-*;~ A ---1 O Az ~ O 'A D :* ':~ :.~ F.,,.,o · " ' ' i ' ~1 /' . '~ '~ m !l~ 6~ . 28 "~ ~ DELRAI Bl~ SEE SHEg 22 ~ CITY of DELRAY BEACH ~ J S E W E R E~RONMENT~ SER~CES DEPARTMENT 2 1855 Dr. Andre's Way, Unit 5 PH: (407) 278-4451 Delray Beach, FL 33445 FAX: (407) 278-5149 PROPOSAL Date: August 20, 1996 Proposal Submitted To: Work To Be Performed At: City of Delray Beach Rainberry Bay 434 South Swinton Avenue Rainberry Circle & Delray Beach, FL 33444 N.W. 29th Avenue Mainline Repair & Manhole Rehabilitation ATTN: Howard Wight It appears the manhole has developed leaks in the lower sections. Although these leaks exist it is apparent that the collapse of the roadway occurred due to the leak in the mainline just north of the manhole. We hereby propose to provide the material, labor and equipment necessary for the repair of the sanitary sewer mainline and the rehabilitation of the existing manhole as follows: 1. Remove 15 LF of 8" VCP north of manhole and replace with 15 LF of 8" SDR 35 PVC. Depth approximately 12' 2. Restore asphalt roadway. Total: Repair of the mainline- &7,490.00 NOTE: Should additional 8" PVC mainline be required an additional cost of $125.00 per LF will be added to the total price. 3. Repair existing manhole by eliminating infiltration. 4. Rehabilitate the manhole with Strong Systems MS2-C. Total: Rehabilitate manhole 2,100.00 WITH PAYMENTS TO BE MADE AS FOLLOWS 30 DAYS OF INVOICE. All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner. Respectfully submitted Chaz Equipment Co.~ Inc. Per · 0~)12/96 T~tT 08:33 FAI 1 407 $85 $252 JO~N'$ON-DA¥'IS ~001 COMPANY:_ /~! "~'~" O/~ . , ADD~ES.S', ....... CITY: ...... STATE: ZIP: , PHONE: .... FAX: ...... FROM: ~ NAME: COMPANY: Joh-so~--D~vi~__I,~c. , ......... ADDRESS: 604 Elllbra~h D~tv~ ........ Cl~'., ~a~ca~a.., - STATE: F~ ZiP; 33462 PHONE: (561) 588-1~70 _ , FAX: (5.61) 585-5252 ~/,~,~,. . [),~,~ ~/ ~. ~,f,~- . ..... .... //~'~ ~/~ ~,~, ~..~,~.~ ...... · A~dG-30-1996 10:09' FRO~ RIC-MAN INTERNATIONAL TO 15612437314 P.02 2~1 N.W. 4~h S~e~ * Pomp~o ~h, Florida ~73 BROWARD: {~)~6-1042 · FAX {~) 42~7~7 osa J PR~O~L NUMBER ~~2 , ' ...' :' ." · . ~. . gRO~L~ OUR ORDER NUMBER OEL-~N 1 R~O~ ~D REPlaCE ~WAY ~ MH AND 5, ~NEs ' "~5,0~.00 ' ~5,000.00~ ~COA~NG, D~ATERING II' ': ' .... ".. ~,:. , ~ , ~. '" ' "'~ Qu~o~ con~rni~ ~h ~11 ~A~ CHEC~ PAYA~ TO: TOT~ Call: Rene L. C~ilo R~an I~m~nal lnG. ' ~5,~.~ TI. IA.NE YOU' FOR YOUR BU$1NF.~! PROPO,~n,I..VVK4 · Agenda Item No.: AGENDA REQUEST Date: 09-12-96 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 09-17-96 Description of agenda item (who, what, where, how much): Approve purchaseof two-year Microsoft Upgrade PackaEe an~ System MaDagement Software for the City's PC's that are currently on the Local Area Networks. Total cost of purchase will be $38,585 from low-bidder, Softmart. Fundinz is to come from departmental accounts dependinE on the number of PC'~ they have on th~ ORDINanCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval of purchase is recommended to be awarded to Softmart, in the amount of $38~585 - by the Director of Finance. Department Head Signature: _ ,, Determination of Consistency w~Comprehensive Pi~ n/a City Attorney Review/ Recommendation (if applicable): n/a Budget Director Review (required on all items involving expenditure of funds): Funding available:~/ NO Funding alternative .~ Account No. & Deco ' ti ~ Account B als n ce: ".~11~, ~ City Manager Review: ApprovedHold Until: for agenda: Agenda Coordinator Review: Received: Action: Approved/Disapproved Memorandum To: Joseph Safford, Finance Director From: Richard Zuccaro, Management Information Systems Manager Date: September 11, 1996 Subject: Capital Expenditure - Two Year Microsoft Software Upgrade Offering & System Management Software Backqround: We currently have approximately 141PC's on the LAN using Microsoft Windows for Workgroups (to be upgraded with Windows 95) and Microsoft Office Professional (to be upgraded to Microsoft Office 95). Recommendation: I strongly recommend that we purchase this upgrade package which Microsoft Corporation offers to users that qualify. This offering entitles each user at least one upgrade per year for two years. However, if more than one upgrade is offered per year each user will receive the additional upgrades free of charge. System Management software is also included in this request. System Management software allows MIS to distribute and support all LAN clients from MIS, which will significantly reduce the resources needed to distribute software and software upgrades to the client's hard drives, and gives MIS desktop control and auditing capabilities of clients PC's. The Microsoft Upgrade package and System Management Software is a cost effective approach to acquire software upgrades, maintain our investment and facilitate the tremendous task of keeping the MIS LAN users current and up-to-date with the Microsoft applications. Included is the list price from Microsoft as listed in their (MOLP) pricing for corporate, State and City Governments and proposals solicited from four (4) vendors. After careful analysis by MIS, I recommend awarding the two year Microsoft Upgrade Package and System Management Software to Softmart Corp. $40,720 was approved in the Fiscal 95-96 budget for this purchase. Funding to come from various departmental accounts based on their number of PC's. I am requesting City Commission approval of the attached proposal from Softmart Corp. for the two year Microsoft Upgrade Package and System Management Software. js_msl ic Microsoft Two Year Upgrade Packaqe & System Manaqement Software Proposals Summar~ Vendor Descri~iQQ Cost Microsoft Two Year Microsoft Upgrade Pkg. $46,600 Corporate, State & & System Management Software Local Government Pricing Softmart Two Year Microsoft Upgrade Pkg. $38,585 Oaklands Corp. Center & System Management Software 467 Creamery Way Exton, PA, 19341-2549 Stream Two Year Microsoft Upgrade Pkg. $39,500 105 Rosemont Rd. & System Management Software Westwood, MA 02090 Software Spectrum Two Year Microsoft Upgrade Pkg. $40,611 22721 East Mission & System Management Software Liberty Lake, WA 99019 Government Technology Two Year Microsoft Upgrade Pkg. $40,800 Services, Inc. (GTSI) & System Management Software 4100 Lafayette Center Dr. Chantilly, Va. 22021 · 09/11/96 09:0~:~0 ~icroso£t I2/12-> Microsoft Corporation One Microsoft Way Support Phone: (800) 227-4679 Redmond, WA 98052-6399 Fax: (206) 93MSFax (936-7329) United States of America C MILE RANSMI TAL FORM At.t. ent~ion: GREG WELSH / CITY OF DEL RAY Fax number: 1-5612437166 Date sent: 09/11/1996 Time sent: 09:0la Pages being sent: 45 II II II I STATEMENT OF CONFIDENTIALIT'fi The informatinn in this facsimile message is legally privileged and confidential information intended only for the use of the addressee listed on this cover sheet. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this telecopy is strictly prohibited. If you have received this facsimile in error, please immediately notify us by telephone at thc number listed on this coversheet and return the original message to ug at the above address via the United States Postal Service. We will reimburse any costs you incur in notifying us and returning the message to us. Thank you. ~ 09/11./96 89:09:81 Nicroso£t IZ/1Z-> +487Z437166 Page 08Z Microsoft U.S. Open License Estimated Retail Price List The produc~s below do not have manufactu£er's Suggested Retail Prices The estimated retail prices shown are based on a retail price survey conducted by MSI, Inc. Prices may vary. Microsoft Co~poration Prices as of September 1, 1996 One Micro~ofi Way Redmond, WA 98052-6399 Tel (800l 426-9400 Operating Unit Estimated C/N Part Number Product Name Version System Level Count Retail Price Applications Pool 077A050V 20LPA Microsoft®Access 2.00 Windows Lever A S 25600 077A050V20LPB Microsoft® Access 2.00 Windows Level B $ 244.00 077A050V20LPC Microsoft® Access 2.00 Windows Lever C $ 22600 077A050VTOLPA Microsoft®Access 7.00 Windows LevelA $ 077AOSOVTOLPB Microsoft® Access 7.00 Windows Level B S 244.00 077A050VTOLPC Microsoft® Access 7.00 Windows Level C $ 226.00 077AI~J-70LP Microsoli® Access Competitive Upgrade 7.00 Windows Competitive Upgrade $ 83.00 077A t50-20LP Micromft® Access Competitive* Upgrade 2.00 Windows Contptaitive Upgrade $ 104.00 077A050-~)LP Microsoft® Access Version Upgrade 2.00 Windows Version Upgrade $ 104.00 077A050-70LP Microsoft®Access VersionUpgrade (SpecPricu~ Expires 1~43l]96) 7.00 \¥mdow~, Version Upgrade $ 83.1X) 369 00068 Microsoft® Access Developers Toolkit 7.00 32-Bit Windows Level A $ 382. O0 36%0007 t Microsoft® Access Developers Toolkit 7.00 32-Bit Windows Level B $ 377. oO 369-011072 Microsoft® Access Developers Toolkit 7.00 32 Bit Windows Level C $ 373.00 369-00069 Microsoft® Access Developers Toolkit MNT YRI & YR2 Non Windows Maiotetrance $ 155.00 36%00)70 Microsoft® Access Developer's Toolkit MNT YR2 Only Non Windows Maiotenance $ 77.1X) 077A050 LPM8 Microsoft® Access MNT YRI & YR2 Non Windows Mai~aenance $ 077A051~LPMP8 Microsoft® Access MNrr Plus YRI & YR2 Non Windows Mainteuance Plus $ 33).00 077A05&LPMP4 Microsoft® Access MNT Plus YR2 Only Non Windows Maintenance Plus $ 105.1~ 077AO5~LPM4 Microsoft® Access b~qT YR2 Only Non Windows Maintenance $ 50.110 065AO55V50LPA Microsoft® Excel 5.1)0 Cross Platfom~ Level A $ 256.1~) 065AO55VS0LPB Microsoft® Excel 5.00 Cross Platform Level B $ 244.1XI 065A055V50I.PC Microsoft® Excel 5f)0 Cross Platform I.evel C $ 226.00 065A055V70LPA Microsoft® Excel 7.00 Ceos> Phafomt Level A $ 256.00 005AO55VTOLPB Microsoft® Excel 7.O0 Cross 'f'lat forot Level B $ 244 I;~) (X)5AO55VTOI. PC: Microsoft®Excel 7.00 Cross Ph~lfoun LevelC $ (Y65AI55 ~)LP Microsot~® Excel Competitive* Upgrade 5.00 Ceo>= Platfouu Compelitive Upgrade $ 931;O O05A155 7OI_P Microsofl.¢ Excel Contl~tilive* Upgrade 7.1)0 Cros> Plattblm Compdiltve Upgrade $ x31~) 005A055 5OI_P MicrosofiCvl. ~xcel Version Upgrade 5.00 Cro>s PI~atbnn Version Upgrade $ 93 Il/ 065A055 70LP Microsoft® Excel Version Upgrade (Spec Pricit~ F~pires 1~431/96) 7.1)0 Cross Platform Version Upgrade $ 065A055 LPMP8 Microsofl:~3 Excel MNT Plus YR l & YR2 Non Cross Platform Maioletmnce Plus $ 209.(~) 005A055~ I.PMP4 Microsofl Y3 Excel MNT Phis Y'R2 Only Non Cross t'latfonn Mainlenance Plus $ 105./10 065A055 I.PM8 Microsoft® F~xcel MNT YRI & YR2 Non Cros~ t'l~t loan Maintenance $ 100.(.~ 065AO55 I.PM4 Mictosofi,:~ Excel MNT ~R20~fly Non Cross Pl~ffmm Maimenance $ 392-Ot~)2U Micmsofi¢3 FrontPage for Windows® {Spec Pricing Expires 3/31/97) I. l 0 32 Bit Windows Level A $ I 15.1 I) 392 I~tX)I 9 Microsofi,~ FromPage for Windows® (Spec Pricing Expires 3/31/97) 1.10 32 Bit Windows Level 13 $ I IO{10 392 I)t~121 Micmsofi(v,~ FromPage for Windows(~ (Spec Pricing Expires 3/31/97) I. 10 32 Btl Windows Level C $ IO2 068A099V35LPA Microsoft® Mail Client Add Pack 3 50 D( )$ Level A $ 4 I.IX) 068 &O99V35LPB Microsoft® Mail Client Add Pack 3.50 D()S Level B $ 068AO99V35LPC Microsoft® Mail Client Add Pack 350 DOS Level C $ 351~) O08A2qqVll)LPA Microsofl,.?~ Mail Remt~e Chent for MS-DOS® 3.O0 [Y ~5 Level A $ I~t) 1'10 0OXA299V30LPB MicrosoflCg, Mail Rentote Chenl for MS DOS,~ 3.1)0 DOS l..evel B $ 9.t. 068A299VlOLPC Microsofi.~, Mail Remote Chent for MS DOS® 3.o0 D()5 l_evel C $ 06,qAOSOV ;2LPA Miclosoft® Mail Remote Client for Windows® 3.21) \K Jndcl,x's Level A $ 06XAO5OV32I .PB Miclosofl® Mail Remote Chent for Windows® 3.213 \Vindows Ievel [g $ 9:1 06gA05OV321_PC Microsofit¢ Mail Remote Client for Windows,.'v) 3 2/) Window.- 1 evel (' $ 85.1.1) 06X & 199V30LPA Microsofi,~ Mail SMTP Gateway 3.tX) D( )5 Ievel A 40 $ 2,556 068A 199V30LP¥~, Microsoft 53 Mail SMTP Gateway 3.00 D, I', Level B 4(3 $ 2,524 00XA 199VlIJIJ)(7 Micm>ofi.[~, Mail SM[TP Gateway 3.00 I)( }q I ,.vel £' 40 $ 2,492.1/) 3~9 IlY~/[ (3 Micmaofl~¢ MSDN Enterprise fo~ Windows® I Yea~ Subscription No~ ~,¥ill(l(iw- I.evel A I $ 999 31 x ~ !t~) Microsoft..'5 MSDN Library for Windows l Year Subscription Non \Vimhm', [.exel A I $ 3911) 38x I~J23 Micm~oti:?; MSDN Professio~ral fm Windows® I Year Subscription Non \Vm,lo,, ~ I ex'el A [ $ 299 534-(!t/021 Mic)o<ofi.¥ MSDN Ul~iversal for Windows® I Year Subscription Non \Viltdo'~v> I ex'el .-\ I $ t ,699 ~) 02 I.:\II55\~421.PA Mtclosofi-%' (-)ffice 4 2~1 ('ro~,~ [q~,lfoon Ievel .& 2 $ 388 O0 02 I.-\~55\~42LI~B Micmsofl.~ Cc)fi-ice 420 ( 'ro>- l'l;nf(mn rex'el B 2 $ 370 O0 112 I.-'k(/55V42[.l~C Mi(to,off.g. Office 4.20 Ceo<> l'lal fr~m~ Lc\el (' 2 $ 11/21 5(155V4BI.P.~ Micm>ofi:~ Office 421 M~,c I.exel A 2 $ 38>411) I)2151JqS\;4Bl PB Miclo~ofi?;Office 4.21 M;,c lex(lB 2 $ 370 * Competitive Upg not available for Macintosh Version of ~is P~oduct t'a~,, I Operatiug Unit Estimated C]N PaM Number Product Name Veraion System Level Cmmt Retail Price 02 lA055V4BLPC Microso~® Office 4.21 Mac Level C 2 $ 343.00 02 IA055V70LPA Microsoft® Office 7.00 Cross Platform Level A 2 $ 388 00 02 IA055V70LPB Microsoft® Office 7.00 Cross Platform Level B 2 $ 370 0O 02 lA055V7ULPC Microsoft® Office 7.00 Cross Platfonn Level C 2 $ 343.00 021A~55- 70LPA Microsoft®Office Compel[live Upgrade 7.00 Cross Platform Level A 2 $ 231.00 02 IA255 70LPB Microsoft® Office Competitive Upgrade 7.00 Cross Platform Level B 2 $ 22400 021AZ55 70LPC Microsoft®Office Competitive Up~rade 7.00 Cross Platform LevelC 2 $ 210. fl} 021A 155 4BLPA Microsoft® Office Competitive Upgrade from Claris Works 4.21 Mac Level A 2 $ 26600 02 lAl55 4BLPB Microsoft® Oftlce Competitive Upgrade from Claris Works 4.21 Mac Level B 2 $ Z53.00 02 IA 155 4BLPC Microsoft® Office Competitive Upgrade from Chris Works 4.21 Mac Level C 2 $ 2'40.00 021A055- 4BI_.PA Microsoft® Office Upgrade (P~ev. Version or I MS App) 4. 21 Mac Level A 2 $ 266. fl) 02 iA055 4BLPB Microsoft® Office Upgrade (Prev. Version or l MS App) 4.21 Mac Level B 2 $ Z53.tY0 02 lA055 4BLPC Microsoft® Office Upgrade (Prey. Version or I MS App) 4.21 Mac Level C 2 $ 02IAO55-7OLPA Microsoft® Office Upgrade (Prev. Version or 1 MS App) 7.00 Ceos, Platform LevelA 2 $ 180.00 021A055 7OLPB Microsoft~ Office Upgrade (Prey. Version or l MS Appl 7.00 Cms., Platform LevelB 2 $ 175 02 IA055 7OLPC Microsoft® Office Upgrade (Prey. Version or l MS App) 7.00 Cross Platform Level C 2 $ 109 fl) 021A055 42LPA Mica'osoft(~ Office Upgrade (Prey. Vets[om l MS or Comp. App) 4.20 Cross Platform Level A 2 $ 26~.¢Y3 02 IA055-42LPB Microsoft® Office Upgrade (Prey. Version, I MS or Comp. App) 4.20 Cross Platfom~ Level B 2 $ 253.fl3 02 IA055 42LPC Microsoft® Office Upgrade (Prey. Versiom I MS or Comp. App) 4.20 Cross Pla(loan Level C 2 $ 240.00 021A055 LPMP8 Microsoft~' Office MNT Plus YRI & YR2 Non Cross Platform Mainlet~ance Plus 2 $ 021A055 LPMP4 Microsoft® Office MNT Phts YR2 Only Non Cross Platform Main~etunce Plus 2 S 02 IA055-[ f)M8 Microsoft® Office MN~i' YR l & YR2 Non Cross l"latfonn Mainlenance 2 $ 220 I'~) 02 IAO55 LPM4 Microsoft® (~'fice MNT YR2 ©nly Non C~oss Platform Maimenance 2 $ 113fl3 269A050V43LPA Microsoft:( Office Pro fox Windows® w/Access® 4.30 Windows Level A 2 $ 400 269AIJ50V43LPB Microsoti® Office Pro for Windows® w/Access® 4.30 Windows Level B 2 $ 269A05OV43LPC Microsoft.:~ Office Pro for Windows® w/Access® 430 Windows Level C 2 $ 412.00 269A050V7OLPA Microsofi~;' Office Pro fm Windows® w/Access® 7.00 Windows Level A 2 $ 400.fl) 269AO50VTOLPB Microsofi~' Office Pro lot Windows® w/Access® 7.00 Windows LevelB 2 $ 44500 269A05OV70LPC Microsoft® Office Pro for Windows.& w/Access® 7.00 Windows Level C 2 $ 412 00 269A2~. 7~LPA Microsoft :¢ Office Pro for Wmdows~g w/Access® Competitive Upgrade 7.00 Windows Level A 2 $ 320 Il) 269A25(3 70LPB Micmsofi<~ Office Pro for Windows® w/Access~;. Competitive Upgrade 7.00 Windows Level B 2 $ 31 I II) 269A251J 70LPC Microsofi/~ Office Pro for Windows.~ w/Access® Competitive Upgrade 7.00 Windows Level C 2 $ 302 269A050 70LPA Microsofl.Y~ Office Pro for Windows':~ w/Access® Upg (Prey Vets or I MS App 7.00 Windows Level A 2 $ 269A050 71)LPB Mictosoft.:~ Off-ice Pro for Windows/~ w/Access® Upg (Prey Vets or I MS App 7.00 Windows Level B 2 $ 2o2 209),050 70LPC Microsofli5 Office Pro for \Vindows® w/Access® Upg (Prev \rets or l MS App ZOO Wh~dows Level C 2 $ 254(1~ 269AU50 431.PA Micro,ofl.~ Office Pro for Windows® w/Access® Upg (Prey Vets, l MS or Cm 4.30 \kindows Level A 2 $ 351 IJU 209A05() 4.1I PB Mictosofl..~. Office Pro fo( Windows:~. w/A ccess~ llpg (Prey Vets, I MS or Col 4.3U \\ indow> Level B 2 S 34~) ~) 209AO3t~ 43(Pt; Microsoft >; Office Pro fo~ WmdowsT~ w/AccessT~ Upg (Prey Vers, I MS or Co~ 4.30 kVmdows Level C 2 $ 328 269At)5~31 t)MP8 Microsoft?,. office Plo fm Windows® w!Access® MNT Plus YRt & YR2 Non \¥mdow., Ma[me(lance Plus 2 S 47t )t 11 269Ai)50 [PMP4 Miclosofl./g Office Pro fi~t Window~-./~ w/Accessig MNT Plus YR2 Only Non Window> Mainlelmnce Plus 2 $ _'2.13 269A(JSO-IL)Mx Microsofl:~. (~-fice Pro for Windows&. w/Accessi5. MNT 'IR 1 & YR2 Non ~¥illdOtVS Mairaenance 2 $ 27{~ (Il 269A(}5{1 ] PM4 Micto~ol'l.:~. Office Pro for Window>:~ w/Access® MNT YR2 Only Non Windows Mainleu~uce 2 $ 135 269A752V43LPA Micmsoft:~;. Office Pro fo~ Windows.~ w/Boo~he~® 4.30 Windows 1.evel A 2 $ 4(>0 269A752V431 PB Micm~ofic~b. Office Pro fol Wiudowe.¢ ~TBoo~he~® 4.3D Windows Level B 2 S 445 260A752V43L['C Microsoft (~;. Office Pro for Windows® w/Boo~shelf/~ 4.30 ~¥indo~s Level C' 2 S 412 269A752V70Lt'A Microsoft .~. Office Pro t~r Windows® w/B~helf~ 7.1)O Windows l.evel A 2 $ 400 269A752VTOI.PB Microso~ ~ Offic¥ Pro fm Windows/v;~ w/Boo~hetf(¢ 7.00 Windows Level B 2 S 445 ~1) 269A752VT01 PC MicH)$ofi(~. Office Pro fo~ Windows® ~?Bookqhel~. ZIX) Wind,)~ s Level C 2 S 412 269A852 70LPA Micm, ofi.~. Office Pro/bt Window,,¢ w/~ookqhelf® Coml~tdive U~mde 7.00 ~ indow> level A 2 S 320 269A~52 7OLPB Micmsofl ~. Office Pm fm Windows..~ w,~oo~helf<~ Com~tifive U~rade 7.00 ~k'mdow~ Ievel B 2 S 31 I ti) 209AX52 70LPC Mic~osofi~ Office P~o lb[ Windows.:( wflgoo~hefff¢ Com~ti~ve Upgrade 7.00 %tin<lows Level C 2 S 31/2 269A752 70LPA Microsoft,L. CKfice Pm for WindowsfO) w/Boo,heft:& Upg (Prey Vets or l MS g 700 Windows I.evel A 2 $ 209 269A752 7OI.PB Micro,off& Cfi(ice Pm for Windows.~ w/BooK~helf® Upg/Prey Vers or I MS / 7.(~1 XX illd(ixc> ltvel B 2 S 269A752 701.~ Micm~ofl ~ C~fice fro t~r Windows~; w/Bookshelf® U~ (Prev Vets or I MS ~t 7 ()(I X[ ttM()w> Level (' 2 $ 269 ~752 43LPA Micm~ofl ¢ Ofl'ice Pro for ~Vindow>~a. w/Boo~helf:¢ Up~ ~v Vets, I MS or, 4.3() WimMw> Lex el A 2 $ {~1 269A752 4q.P13 Micro>off.>; Off-ice Pro fo~ Windows:~. wfl3(mk<helfg~ Upp ~tev Vets, I MS or. 4.30 ~ indo,v> i exel B 2 S t~) 209~752 43LPC Mic~o>ofl...; Office Pro fm Windows ~ wDtook<helf.~; [ ~p~ (Prey Vets. I MS or, 430 %k imlo,.,> lexel (' 2 5 32N 269A752 [ I)MPX Miclo.ofi,~> (~l'icc PlO for Window~:~; ~5~3ooksllelf,¢~ ~' Plus h~l & ~2 Non ~k mdows Maimemmce Phrs 2 5 269 k752 I PMP4 Mic[o;ofl.>. t>flhce Pro lk}r Wiudow>(~ w/l~ookqhelfy. N~ Plus ~20xfly Non %k mdox'.'s Maflaen;mcc Plm 2 S 269A752 LPMx Micmsofl:~. C~'fice Pro fm Wfl~dows& w~heff/~, ~ 5~1 & YR2 Non Windows Maime~nce 2 $ 26qA752 I_I'M4 Mic~osof~..v;. Office Pro for Wmdow~® w/~ltetf~ ~ ~20~y Non Windows Maimemmce 2 $ 135.(I) 209A 155V431 .PA Mic)o~ofl 5. O~'ice Plo w~r ~uill ]7o~r()q~. 4 31/ Ceos- t'latI'om~ level A 2 $ 4f30 269AI55V431 PB Mic~o<ofi ;; ()fi-ice Pro w~ism, l FoxP[o:~ 430 C'ro>- I'h,d'onn lexel B 2 S 443 269A 155V43I P(: Mic~,~-ofi ~ ()Il'ice Pro w~r~ual Foxfho<5 430 Cro-- t'lad-onn l.exel (' 2 $ 412 20'~ 155Vrt/l DA Mic)o~,:~B L ' )fl'icl-])to w,,~Z~ual FoxP[o:~~ 7 (~/ Cro~- l'latfo[m I ex'ri A 2 S 269A 15qVVIH t'B Mic)o:oD ~ ,id{ice Pro ,:,'[Xrisual FoxPro.v; 7.00 {'ros- ['Iai(omi I exel B 2 S 445 · Competitive Upg not available for Macintosh Version of this Product D,?,. ' .89/11/96 89:16:58 Hicroso£t IZ/1Z-> +4872437166 Page 088 Operaling Unit C/N Pm Number Product Name Vers/on System Level Count Retail Price 21 IR875 2BLPA Microsoft® SNA Workstation Upgrade for Windows NTTM 2.11 Windows NT Level A I $ 8 ItX~ 21 IR875 2BLPB Microsoft® SNA Workstation Upgrade for Windows NTTM 2. l 1 Windows NT Level B I $ aC.00 21 tRg?5-2BLPC Microsoft® SNA Workstation Upgrade for Windows NTTM 2. t t Windows NT Level C I $ 79.00 35%00069 Microsoft® SQL CQent Access License 6.50 Windows NT Level A I $ 127.00 359 ¢2(BCg Microsoft® SQL Cliem Access License 6.50 Windows NT Level B I $ 1Zt. 00 359 t10~67 Microsoft® SQL Cliem Access Lice~me 6.50 Windows NT Level C I $ l 14.00 359-00382 Microsoft® SQL Cliem Access License Version Upgrade 6.50 Windows NT Level A I $ 06,00 359 00083 Microsoft® SQL Cliem Access Liceme Version Upgrade 6.50 Windows NT Level B I $ 63.00 359-00081 Microsoft® SQL Cliem Access License Version Upgrade 6.50 Windows NT Level C 1 $ 58.00 530-(X1007 Microsoft® SQL Sep,'erTM Imernet Connector 6.50 Windows Nrr Level A 15 $ 2,740.00 53000305 Microsoft® SQL ServerTM Imemet Cormector 6.50 Windows NT Level B 15 $ 2,615.00 53000006 Microsoft® SQL ServerTM Imemet Connector 6.50 Windows NT Level C 15 $ 2,421.O3 228R374LPM8 Microsoft® SQL ServerTM Cliem Access Lic for Windows NT® MNT YR 1 & Y Non Windows NT Maintenance I $ 46.00 228R374LPM4 Microsoft® SQL Se[vetTM Cliem Access Lic for Windows NT® MNT YR20nl~ Non Windows NT Maintenance I $ ~3.00 228 ~Ol20 Microsoft® SQL Sep:erTM Database Mgr. for Windows NT® 6.50 Windows NT Level A 15 $ 770.00 228-00122 Microsoft® SQL ServerTM Database Mgr. for Windows NT® 6.50 Windows NT Level B 15 $ 735.00 228-00124 Microsoft® SQL ServerTM Database Mgr. for Windows NT® 6.50 Windows NT Level C 15 $ 681.00 228R 174-LPM8 Microsoft® SQL ServepTM Database Mgr. for Windows NT® MNT YRI & YR2 Non Windows NT Maintenance 15 $ 311.00 228R 174LPM4 Microsoft~, SQL SewerTM Database Mgr. for Windows NT® MNrr YR2 Only Non Windows NT Maintenance 15 $ 156.00 5304/J009 Microsoft® SQL Set, erTM Imemet Connec~or Maim YRI & YR2 Non Windows NrF Mainte~mnce 15 $ l, 53f&l,~J008 Microsoft® SQL Sep,'erTM Internet Connec~or Maim YR2 Only Non Windows NT Mai~,tenance 15 $ 554.Or) 228-EOIT5 Microsoft'~. SQL ServerTM VersionUpgrade 6.50 Windows N'T LevelA t5 $ 385.~0 228-00126 Microsoft® SQL ServerTM Version Upgrade 6.50 Windows NT Level B 15 $ 368.00 228 (x~127 Microsoft,® SQL Sep:erTM Version Upgrade 6.50 Windows NT Level C 15 $ 340.00 22gRo74LPM8 Mic~ o~,oft® SQL ServerTM Workstation for Windows NT® MNT YRI & YR2 Non Windows N'F Maintenance 2 $ 154.00 228RO74LPM4 MicrosoftZ, SQL Serx'etTM Workstation for Windows NT® ~ YR2 Only Non Windows NT Maintenance 2 $ 77.00 3601~3045 Microsoft® SQL Workstation for Windows N~r® 6.50 Windows NT Level A 2 $ 380 t~) 36GOC~)44 Microsoft,:g SQL Workstation for Windows NT® 6.50 Windows NT Level B 2 $ 303.1~) 30130;1343 Miclosofl® SQL Workstation for Windows NT® 650 Windows NT Level C 2 $ 336. t13 36lYing(J9 l Microsoft® SQL Wot 'kstation for Windows .NIT® Version Upgrade 6.50 Wh~dows NT Level A 2 $ 2193.1511 360 t,1~)90 Mictosofl:¢ SQL Workstation for Windows NT® Version Upgrade 6.50 IA h~dows NT Level B 2 $ 36000089 Miclosofl® SQL Wot\st alien for Windows NT® Version Upgrade 6.50 Windows NT Level C 2 $ 27 I RO75Vl 1LPA Microsoft® ~;ystems Managemem Se~¥er 1. l0 Windows NT Level A 15 $ 27 IRO75VI 1LPB MicmsotiY, Systenrs Manage~ne~a Server i. 10 Windows NT Level B 15 $ 481 27 IRu75V l ILPC Micm~oti,i5 Systems Managemem Sewer 1.10 Wmdow~- Nq' Level C 15 $ 271 I~3177 Micro,eli,,*; Systems Ma~mgeme~a Servel 1.20 Windows N'F Ievel A 15 $ 271 C~I170 Micmsofi,¢ Systems Managemenl SelYer [.21) kh indows NT Level B 15 $ 4'75 271 l JCl75 Micro>ofi.v-~ Systems Mam~gemen! Server 1.20 Windows N-F Level C 15 $ 271Rt)75-LPM8 MicmsofI,~ Systents Manageme~a Sel:'et MNq'YRI &YR2 Non Windows NT Maintenance 15 $ 195.111 27 lRO75 LPM4 Microsofi,,v; Sy~ems Management Server MNT YR2 Only Non \Vutdow> Nq' Manue~tance 15 $ 27 IR075- I ILPA Microsofi'.~ Systems Management Set'~'er Upgrade 1.10 Wilflo~ s NT Ievet A 15 $ 504.tl) 27 I RU75- I I LPB Micloso~,.k. Systems Management Selx, el Upgrade 1.10 Window> NT I.evel B 15 $ 4~ I 22 IRC? 5.111_,I~C Microsoft,,¢ Systems Management Serve~ Upgrade 1.10 ~ indow> NY Level C 15 $ 271 1~227 Microsoft ~, Syslems Ma~pemenl Sepee~ Ver [lpg 1.20 Windows N'F Level A 15 $ 123JI) 27 I (11220 Mictosof~L. Syslenb Managemenl Septet Vet 'U, pg 1.20 ~&:mdow> NT Level B 15 $ 119 271 151225 Microsoft,?, Systems Manageme~a Servel Vet Ups 1.20 Window< N-F Level C 15 $ I 1 27 IRI74V 1 It,PA Microsofl~¢ Systems Mgmt Servel ClieuI Access l.icense l. l0 Windot,'s NrI' Level A $ 27 tR174V I ILPB Micf o~ot'I;~ Systems Mgmt Server ClienI Access [ ice~se I. 10 Window_, NT Level B $ 271 RI 74V t ti_PC Micto~oft,i~ Systems Mgmt Serve[ Clienl Access t.icense I 10 Window> NT Level C $ 355 IX)126 Miclo~ofF,~ Systems Mgmt Servel Cliem Access License 1.20 xA indows Nq' Level A $ 42.11i 355-(I)t 25 Mic~osofv;~;, Systents Mgmt Server Cliem Access License 1.20 Windows NT Level }3 $ 41 355 (.~9124 Miclosoft,y. System~ Mgm! Serve~ ('lielut Access I.ice~ue 1.20 Window> N'I' I ex'el C $ 271 RI 7,t. [.PM8 Microso~&; Systems MRna Server Cliem Access License MNT YRI & YR2 Non Window,, ~ Mainlenance $ 17 27 IR174 LPM4 Miclo,ol'l,~ Syslems Mgmt Server Chenl Acres> Licen.se MNT YR2 Only Non \Vmdou ~ N-I' Man,chance $ 227R775 3BLPA Mic~ o>ofi,,v~ Windows NT& Sep.' Ch Acc lac Comp Upg Front Netware (Pricing 3.51 Window> NT Lc\el A $ 13 227R775 3BLPB Microsoft ~p. Windows NT® Seix' Git Acc I ic Comp Upg From Netware (Pricing 3.51 \k indow. Nq' Ievel B $ I ~ 227R-75 313LPC Micmsofi,~> Windows Nq'~ Sew Ch ~,cc l.ic Comp [Jp$t From Netware (Pricin~ 3.51 Window, N-I' l.evel £: $ [ 227R775 3BLPA Micm<olt.~ Willdows ~® Serv Cliem Access Lic Vet Up (From LA~aff~ 3.51 Window- NW Ievcl A $ 13 227R275 q3LPB Micto>ofl,)~ Window~ NW:~,. Serv ('Item Access l. ic Vet Up (From LA~a~ 3.5 [ Window, NI- Level B $ 227R2r5 3BLPC Micm<oft,,~ Windows Nq'& Serv Cliem Xccess I ic Vel Up (From LA~a~ 3.51 Windo,:,> ~F Level C' $ I 227R~TSV3BI,PA Microsoft '; Windows NT¢ Se~x,e~ 3.51 ~kTindo*xs KI' Ievel A 15 S 537 227R075V3BI.PB Micro-off ~ Windows NT~ qe~'e~ 3.51 Windows NF l.evel B 15 $ 227Rr275V3~L~7 Micmsofl,~z Windows NT,.5 Se~x~e~ 3.51 Windows NT Level C [5 $ 455112 227 r~307 Mic~o>ofl/L Windows ~F~5 Serve~ 4.00 hX:mdow~ NF Level A 15 S 649 227 (~;31,9 Mictoqofl~. 2/illdow~ ~1'.~; SelYer 4.(~3 hVin,tow~ NY Level B 15 $ 027.111 351 t~)217 Mic~o>~/~ ~ Windo,.;'~ N-i'.5 Sewer t Ii \cc I ic (Mmp Llpg From Nelwa~ 4.00 kVtT/do x~ > N~' 1.cvel A I $ ' Co~-[petitive Upg not available for Macintosh Version of IBis F~roduct ..09/1~/96 89:~8:11 ~icroso£~ IZ/~Z-> +~07Z~37166 Page 809 Operating Unit Estimaled Part Number Prodncl Name Vernon System Level C~tmt Retail Price 351-00219 Microsoft® Windows NT® Sereet Cli Acc Lic Comp Upg From Netware 4.00 Windows NT Level C I $ 14.00 227R275V3BLPA Microsoft® Windows NT® Server Client Access License 3.51 Windows NT LevelA 1 $ 27.00 227R275V3BLPB Microsoft® Windows NT® Server Client Access License 3.51 Windows NT Level 13 I $ 25.00 227R275V3BLPC Microsoft® Windows NT® Server Client Access L [cease 3.51 Windows NT Level C I $ ~2.00 351-00220 Microsoft® Windows NT® Server Client Access License 4.00 Windows NT Level A I $ 31.00 351-00222 Microsoft® Windows NT® Server Client Access License 4.00 Windows NT Level 13 l $ 30.00 35 [-00224 Microsoft® Windows NT® Server Client Access License 4.00 Windows NT Level C I $ 28.00 227R275-LPM8 Microsoft® Windows NT® Server Client Access License MN'r YR I & YR2 Non Windows NT Maimenance I $ l 1.00 227R275-LPM4 Microsoft® Windows NT® Server Client Access License Mlq'r YR2 Only Non Windows NT Maintenance l $ 5.(TJ 351-00225 Microsoft® Windows NT® Server Client Access License Vet Upg 4.00 Windows NT Level A l $ 10.00 351-00226 Microsoft® Windows NT® Server Client Access License Vet UI:~ 4.00 Windows NT Level B I $ 15.00 351-(10227 Microsoft® Windows NT® Server Client Access License Vet Upg 4.00 Windows NT Level C I $ 14. CKJ 227-00364 Microsoft® Windows NT® Serve/Comp Upg from NetWare 4.00 Windows NIT Level A [5 $ 324.cA0 227-0036.5 Microsoft® Windows NT® Server Comp Upg from NetWare 4.00 Windows NT Level B 15 $ 314.00 227-~0366 Microsoft® Windows lq'r® Server Comp Upg from NetWare 4.00 Windows Nrf Level C 15 $ 294.00 227R075-LPM8 Microsoft® Windows Nfl'® Server MNT YRl & YR2 Non Windows NT Maintenance 15 $ 219.00 227R075 LPM4 Microsoft® Windows NT® Server MNrr YR2 Only Non Windows ~ Maintenance 15 $ 110.00 227R076`3BLP Microsoft® Windows NT® Server StepUp 3.51 Windows NT Version Upgrade 0 $ 64 O3 227R675 3BLPA Microsoft® Windows NT® Server Upg from NetWare (Pricing Exp 12/31/96) 3,51 Windows ~ Level A 15 $ 537.00 227R675-3BLPB Microsoft® Windows NT® Server Upg from NetWare (Pricing Exp 12/31/96) 3.51 Windows ~ Level B 15 $ 501 0{3 227R675..3BLPC Microsoft® Windows NT® Server Upg from NetWare (Pricing Exp 12/31/96) 3.51 k~ indows NT Level C 15 $ 45500 227R575-3BLPA Microsoft® Windows Nfl'® Server Upgrade from LAN MAN/NTAS (Expires 12 3.5 l Wmdow.~ NT Level A 15 $ 537 00 227R575-3BLPB Microsoft~ Windows NT® Server Upgrade from LAN MAN/NTAS (Expires 12 3.51 WindowsNT LevetB 15 $ 501.0{3 227R575-3BLPC MicrosofV~ Windows NT® Server Upgrade from LAN NL&N/NTAS (Expires l 2 3.5l Windows NT Level C 15 $ 455.0{3 227 00372 Microsoft® Windows NT® Server Vet Upg from La]~Ma~/NTAS 4.00 Windows N~F Level A 15 $ 32400 22'7 00373 Microso£t® Windows Nfl'® Serve~ Vet Upg from La]~lan]NTAS 4.00 Windo',vs ~ Level B 15 $ 314.00 227-0{3374 Mictosof.~ Windows NT® Server Ver Upg from LanMan]NTAS 4.00 Windows NT Level C 15 $ 294.0{) Systems Pool 147SO99 6CLPA Microsoi~SD MS-DOS® 6.22 Up~rade 0~22 DOS; Level A I $ 41 147S099-oCLPB Microsoft® MS-DOS® 6.22 Upgrade 6.22 DOS Level B I $ 147S099 OCI_PC Microsof® MS-DOS® 6.22 Upgrade 6.22 I.X)$ Level C I $ 34(-){) 320~5 IV 10LPA Microsoft® Plus! for Windows® 95 1.00 Window> 95 Level A I $ 36(!{3 320?,05 IV [0IPB Microsoft® Plus! for Windows-rr9 95 1.00 WindOuTS 95 Level B I $ 30.1~0 320505 IV IOLPC Mic]osoft(~ Plus! for Windows® 95 l.O0 \¥indow:, 95 Level C I $ 35 T:~6.qI74V3BLPA Microsof.~ Wi~tdows NT® Wor~tadon 3.5 I \~:indo~c, N~I' Level A 2 $ 24200 ~:[O?,I74V3BLPB Microsoft;~ Windows NT® Workstation 3.51 Windows NT Level B 2 $ ~6SI7 4V3BI.PC Microsoft.iD Windows NT® Wot\sial[on 3.51 \¥indo~.. 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Windows® 3. l 1 \¥indow> Level C I $ 65111 05tJ~[}5{I 3BI_P Mtcrosoft~ Windowsi~ Version Upgrade 3.11 Windo~vs VersionUpgmde I $ 41 Ill 230 (]~)53 Miclosofi® Windows® 32 Bit Famdy IvlNT YRI & YR2 Non 32-Bi: \Vmdows Mainte]m]ce 2 $ 230 230 ~X~)55 Mic~osofi:¢ Windows'~, 32-Bit Family MNT YR20~fly Non 32-Bi~ \\'ind~ws Mainte]*nce 2 $ [ [ x 0505,f)51 95I.PA Miclosofl,ic Windows.D 95 Upgrade fro]n 3.x 95 Window. 95 Level A 2 $ 97 050SII51 'tSLPB Microsofh~ Windows® 95 Upgrade from 3.x 95 \\'indox, ~ ')5 Level B 2 $ '15.1 I1 050sO51 95LPC Mic~osoti/~, Windows® 95 Upgrade from 3.x 95 \\ mdo~ > 95 Level C 2 $ ~;'7 SO~ IV313LPA Miclosot~ ?; Windows® for Workgroups 3. I I Window> Level A ] S I I t 0 207S(~50\;3 L~I_PB Mic]osofi,i~ Windows® for Workgroups 3. l 1 Windows Level }~ I $ 207505OV t131 PC Mic]osofi~Y.~ Windows® for Workgronps 3. I I \\:illdow- Level C I $ ~1011 207S65~V3131 PA Mic,o,ofi.~; Windows® for Workgroups Version Up~rade 3.1 I Windows Level A I $ 207Y. 65OV3BI.PB Miclosofl;~, Windows~ for Workgroups Version Upgrade 3 11 \\'indow~- Level B I $ 21175651!V.4[~1 PC Mic~o:,oft.r; Windows® for Wo] 'l~.ronps Version Upgrade 3. t I Windows Level (' I $ 2£17 ?.x51V3F;l PA Miczosofl.¢, Windows® for Workg mups Add on for MS-DOS® 3. l l \\ indow. Ievel A 0 $ 20 207<.85 {\;~}~;LIJ[~ Miclo>oft F~ \¥ilido'0.'s,.¢ fo] ~orkgt~oTlps Add-on for MS DOS,~ 3. ! [ x,\ illdow> \.ex,el ]~ 0 $ 24.G~J 207Sx5 I V tBI_ PC' Mic]osofLs Windows® fo] Wo]kgtoups Add-on fo] MS D£)S'~ 3. I I V, indow~ Level (' 0 $ 207$050 I PM\ Micm-~of~Y~ Windows® for Wot 'k~ roups MNT YR I & ¥P. 2 Nmx Wi~Mow~- Mainte]cance [ $ 138(1) 20?So50 L PM4 Miclosofly~ Windows.i, 1'o] Wot 'k~]oups MNrl' YR2 Only Non \\'indo. < Maintenance I $ 69 050S~t51 [ PM,~ Mic~o>ofi.~ V,'indo~,'s:¢ o~ Window>:~ 95 ~ YRI & YR2 Non Wm~),x.> Maimena~ce 2 S 13x 050No51 I I'M4 Miclo>oI'l.~¢ Wimlows~; [>T WilldOXUS ¢' 95 ~'F YR2 Only No:~ X\ ind,)x,- Mainlex,auce 2 S 6q · Competitive Upg not available for Macintosh Version of ~i$ Product ,.fl9~11/96 18:86:43 Hicrosoft IZ/12-> +4872437166 Page 844 BUY MORE, SAVE MORE In order to achieve better pricing, the Microsoft Open License has three volume price levels (see table below). It's a simple equation: the higher the initial price level, the lower the estimated retail price. So you not only empower more users, you gain exceptional savings that lower your overall costs. 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OPEN LICENSE MAINTENANCE Choosing Open License Maintenance coverage up-front, when you initiate your Open License, provides you with "upgrade insurance" for a two-year period. It also enables you to secure an attractive price for all eligible product upgrades, including major, minor and maintenance, which are released over the two-year term. Maintenance gives you the ability to instantly upgrade all enrolled licenses to the most current version of a product, regardless of the version owned when the license is enrolled. In addition, Maintenance units count toward overall Open License volume pricing levels. So it's even easier to achieve a higher price level and more attractive pricing. OPEN I.I('ENSE MAINTENANCE PLUS Maintenance Plus includes all the benefits of Open License Maintenance, plus allows shared or concurrent access. Maintenance Plus is intended for infrequent software users who only need occasional access to specified Microsoft products. You may choose to run the license from a server or from your hard drive, whichever is easier. However, to do this, you must have a reasonable process ~n place to ensure that the number of simultaneous users does not exceed the number of licenses enrolled SELECT 3.0 Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: September 17, 1996 _XX_Regular Agenda Special Agenda __Workshop Agenda When: September 17, 1996 Description of agenda item (who, what, where, how much): Bid Renewal - C02/Carbon Dioxide - Award to Praxair, Inc. at a total estimated annual cost of $68,544.00, via City of West Palm Beach Bid #94/95:75. Funding from account #441-5122-536-52.21. ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Praxair, Inc., at an estimated annual cost of $68,544.00, via The City of West Palm Beach ~5-75. Funding from account #441-5122-536-52.21. City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Y~/NO Funding alternatives: (if applicable). Account No. & Description.~ City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: K. Butler, Buyer THROUGH: Joseph Safford, Finance Director DATE: September 11, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 17, 1996 - BID RENEWAL AWARD C02 - CARBON DIOXIDE - TERM CONTRACT Item Before Commission: The City Commission is requested to approve the one (1) year renewal of the above referenced subject to Praxair, Inc., at an estimated annual cost of $68,544.00, via City of West Palm Beach Bid #94/95-75. Backeround: The City of West Palm Beach is lead entity in this joint bid with the City of Delray Beach. The City of West Palm Beach will be exercising its renewal option October 1, 1996 which will begin the second year of a three year contract. The Superintendent of The Water Treatment Plant recommends the one (1) year renewal to Praxair, Inc. See attached memo dated September 11, 1996. Recommendation; Staff recommends the one (1) year renewal with Praxair, Inc., at an estimated annual cost of $68,544.00. Funding from account number #441-5122-536-52.21 (1996-97 Budget). Attachments: City Of West Palm Beach Renewal Letter Memo To Supt. Of Water Treatment Plant Commission Agenda Dated October 10, 1995 cc: Don Haley, Supt. of Water Treatment Plant WED ','48 PM CITY OF DELRAY BEACH WT? FAX NO. 4Q7 24~ 7SI6 P. 2 +~72~5'~1'~ CITY O~ WmLRPff BEACH I22 F~I SEP li 'gG 10:47 MEMORANDUM TO: ~ Haiey, Supt. of Warn' Tx~.am, a~ Plsat FROM: IC Butler, Buyer DATE: ~~ 11, 1~6 SUB~: ~ Diox~ ~ ~t ~n~ ~r ~ p~ of C~ - C~ ~ - ~ ~~ 30, 1 ~, v~ ~ Ci~ of We~ P~ B~ Bi~DS-75. ~ Ci~ ofW~ ~ B~ ~ ~i~o~ ~ ~ ~- ~1~ ~ (~c) CitY_. . ~ PURCHASING DIVISION * 1045 Charlotte Avenue West Palm Beach, Florida 33401 Tel: 407/659-8036 Of Fax: 407/83543028 Oest CPalm CBeach "The Orchid City" September 9, 1996 Praxair 1691 Phoenix Blvd. Suite 370 Atlanta, GA 30349 Dear Mr. Braithwaite, The City of West Palm Beach will be exercising its renewal option on Bid #94/95-75 for liquid carbon dioxide. October 1, 1996 will begin the second year of a three year contract. The price of $126.00 per ton shall hold firm for the life of the contract. The City will issue a new purchase order number for our fiscal year 1996/1997 and you should receive the new purchase order in October. If you have any questions please call me at (561) 659-8036. Sincer,e, JY, Nor~ W. Laudermilk __As_5~stant Purchasing Agent cc: Kathy Butler, City of Delray Beach Ray Taylor File · Agenda Item No.: AGENDA REQUEST Date: 9/17/96 Request to be placed on:, ×× Regular Agenda Special Agenda Workshop Agenda When: Description of agenda item (who, what, where, how much): CITY COMMISSION IS REQUESTED TO APPROVE PROCUREMENT OF 0/32 MERIDIAN NORSTAR TELEPHONE SYSTEM TO SERVICE QITY }i~NAGER,.HUMAN RESOURCES AND PLANNING AND ZONING AS WELL AS PROVIDE A REPLACEMENT SWITCHBOARD FOR THE RECEPTIQN. DESK IN THE LOBBY. BY PROCUR%NQ THE SWITCHBOARD WITH THIS SYSTEM THE CITY WILL SAVE $.§100.00 O~ THE PURCHASE OF A SEPARATE SWITCHBOARD. THE COST IS $17,162.11, FUNDING TO COME FROM ACCOUNT 334-6112-519-64.12, RENEWAL AND REPLACEMENT ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of procurement of this system from Bell South Communications. Our decision is based on Bell South's service commitment to the other Norstar Systems in the City .... They have provided the City with ~he hiKhest quality Qf service in the past. and because of their commitment, we have experienced little Qf no down time. 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: E~ NO Funding alternatives: Account Balance: ~:~ P~~ fled ~ ~~~' City Man~ge~ Review: Approved for agenda: ~/NOHold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved [ITY OF I]ELARY BER£H DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 1993 TO: David T. Harden, City Manager FROM: Robert A. Barcinski, Assistant City Manager DATE: September 13, 1996 SUBJECT: AGENDA ITEM# CITY COMMISSION MEETING 09/17/96 TELEPHONE EQUIPMENT UPGRADE/PLANNING & ZONING/HUMAN RESOURCES/CITY MANAGER'S OFFICE/SWITCHBOARD ACTION City Commission is requested to approve procurement of a 0/32 Meridian Norstar telephone system for the City Manager's office, Planning & Zoning and Human Resources as well as a new Switchboard at the cost of $17,162.11. Funding to come from Account 334-6112-519-64.12, Renewal and Replacement Fund. BACKGROUND The telephone systems currently being used in these areas are 9 1/2 years old. This equipment is no longer in production and replacement parts are very difficult to procure. Currently the existing main switchboard in Planning and Zoning and Human Resources does not allow for department personnel to distinguish between when someone is on the phone or away from their desk. The main switchboard only has two incoming lines, limiting his/her capability of handling the phone calls. Many times, when a call is made to another individual in the department and they are away from their desk, or on the telephone, the call goes unanswered as the switchboard lines are both in use. This system would allow us to use all of the staff assistants and administrative assistants to handle calls for their individual divisions, thereby, relieving the number of calls that go unanswered. Additionally, the assistants in each division would have a better knowledge of where their staff is and if they are already on the telephone. With the purchase of this system we could also replace the main switchboard at the THE EFFORT ALWAYS MATTERS ~ f 7 Printed on Recycled Paper reception desk at a much lower cost. Currently if we were to replace the switchboard at the reception desk by itself, the approximate cost would be $7,000.00. If we include a switchboard for the reception desk that is designed to be used with this system the total purchase price for the entire system would be $17,162.11. Additionally, this system comes pre-packaged with features such as, call forwarding, call transfer, call forwarding no answer, call forwarding busy, etc., These are features which we are currently subscribing to through our local telephone company. With the installation of this system we could fudher reduce our monthly telephone service expenses by canceling these features through the telephone company. Quotes were received from Bell South Communications and Wiltel Communications. Bell South Communications $17,162.11 (includes 4 hour emergency service plus on call 24 hour service+ lightning protection plan) Wiltel Communications $16,577.00 (Maintenance is based on 8:00am to 5:00pm only, after hours service calls are based on an hourly rate.*does not include lightning protection plan) Difference of $585.11 RECOMMENDATION Staff is recommending procurement of this system from Bell South Communications. Our decision is based on Bell South's service commitment to the other Norstar Systems in the City. They have provided the City with the highest quality of service in the past, and because of their commitment, we have experienced little or no down time. RAB:aga Attachment [lTV I]F I]ELAI V BEI [H ~ 100 N.W, 1st AVENUE - DELRAY BEACH, FLORIDA 33444 .407/243-7000 1993 TO: David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager FROM: SUBJECT: Agenda Item Cf <~,Z)r · City Commission Meeting September 17, 1996 Reserved Tee Time Program for Hotel Guests DATE: September 12, 1996 ACTION City Commission is requested to approve continuation of the Reserved Tee Time Program for hotel guests originally approved on January 23, 1996. BACKGROUND On January 23, 1996 City Commission approved a program requested by Mr. Dubin to allow him to establish a reserved tee time program for hotel guests. This approval was given on a nine months tdal basis with the stipulation that the program not have a negative impact on residents. Since the program was initiated, approximately 20 golfers were allowed to take advantage of this program with no negative impact to residents. RECOMMENDATION Staff recommends continuation of this program with a yeady review to determine impact on residents. RAB:kwg ~/~~ ~ ~ ~ File:u:graham/agenda gC.~/~ ~~ ~ ~ Doc.:HotelTee. Tim THE EFFORT ALWAYS MATTERS MEMORANDUM DATE: August 30, 1996 TO: Bob Barcinski FROM: Brahm Dubin ~ RE: Reserved Tee Time Program for Hotel Guests On January 23, 1996 the City Commission approved a 9 month trial to allow guests to reserve tee times up to 6 months in advance. This is to advise you that the present system is working well. To date we have allowed approximately 20 golfers to take advantage of this program with no negative impact on our daily operation. We are hereby asking Commission to allow us to continue this policy on an indefinite basis. The City Attorney stated that there may be some issues which F.I.N.D. may require and noted that any conceptual approval has to be subject to approval of F.I.N.D. Mr. Ellingsworth moved to approve the Corniche replat, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.I. REJECTION OF BIDS/GREENBRIER DRIVE UTILITY IMPROVE- MENTS: Consider rejecting all bids received for the Greenbrier Drive utility improvements project. The sanitary sewer portion of the project has been eliminated. Only the water main portion will be constructed, with the work to be done by City forces. Dr. Alperin moved to approve the rejection of all the bids received for the Greenbrier Drive utility improvements project, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.J. CONTRACT ADDITION (C,O. ~I)/MUR.RAY LOGAN CONSTRUCTION: Consider Contract Addition (C.O. #1) in the amount of $17,720 and a 60 calendar day time extension to Murray Logan Construction for miscellaneous repairs at Lift Stations 81 and 83; with funding from 442-5178-536-61.83. Mr. Randolph moved to approve the Contract Addition (C.O. #1) in the amount of $17,620 and a 60 calendar day time extension with Murray Logan Construction, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.K. RESERVED TEE TIME PROGRAM FOR HOTELS= Consider a request to revise the reserved tee time program for hotel guests to eliminate restrictions. Brahm Dubin, General Manager of the Delray Beach Munic- ipal Golf Course and Lakeview Golf Course, is requesting to revise the reserved tee time program for hotel guests and elimi- nate the restrictions on the golf course. Mr. Dubin is seeking more flexibility in the policy in order to adjust to market conditions. The City Manager asked Mr. Dubin if he could eventually develop some better perimeters so that people feel more comfort- able with some firm guidelines. Furthermore, the City Manager suggested a nine month trial period and then Mr. Dubin could come back to the Commission before the next fiscal year. -21- 01/23/96 Mr. Randolph moved to approve the policy change as requested, subject to a nine month trial period including staff's recommendation that it does not negatively impact tee times reserved for residents, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint a member to the Planning and Zoning Board to fill an unexpired term ending August 31, 1997. Mayor Lynch's appointment. Mr. Ellingsworth moved to appoint Robin Bird as a member to the Planning and Zoning Board to fill an unexpired term ending August 31, 1997, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an alternate member to the Board of Adjustment to fill an unexpired term ending August 31, 1997. Dr. Alperin's appointment. Dr. Alperin moved to appoint Janet Baron as an alter- nate member to the Board of Adjustment to fill an unexpired term ending August 31, 1997, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.N. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an alternate member (layperson) to the Code Enforcement Board for a three year term ending January 13, 1999. Dr. Alperin's appoint- ment. Dr. Alperin moved to appoint Barbara Holder as an alternate member (layperson) to the Code Enforcement Board for a three year term ending January 13, 1999, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board at its meeting of January 10, 1996, subject to further consideration of the action to eliminate the sidewalk requirement along Gleason Street. The City Manager stated this item was placed on to- night's agenda because he is concerned about eliminating the sidewalk requirement along Gleason Street from the Gleason Street townhomes. He stated that Gleason and Venetian get a significant amount of pedestrian traffic and feels that it is appropriate for a sidewalk to be put in. -22- 01/23/96 [lTVDELB ¥ BE#£K ~ !00 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 334~4 · 407/243-7000 ~ll4~,dcaCity 1993 TO: David T. Harden, City Manager FROM: ,,~R'~bert A. aarcinski, Assistant City Manager SUBJECT: AGENBA ITEM #~ClTY COMMISSION MEETING OF JANUARY 23, 1996 RESERVED TEE TIME PROGRAM FOR HOTELS DATE: January 19, 1996 ACTION City Commission is requested to approve a request to revise the reserved tee time program for hotel guests to eliminate restrictions. BACKGROUND Two years ago, City Commission approved a policy change, requested by Mr. Dubin, to allow reserved tee times for hotel guests. This approval contained restrictions. Mr. Dubin is now requesting a change in policy that would remove most of the restrictions. Attached is a memo request from Mr. Dubin that outlines the existing policy and the proposed policy. He is seeking flexibility in the policy in order to adjust to market conditions. The policy would also apply to Lakeview Golf Course. RECOMMENDATION Staff recommends approval of the policy change as requested with the condition that actions do not have a negative impact on tee times reserved for residents. RAB:kwg THE EFFORT ALW~,YS MATTERS DONALD ROSS ,, 1923 TO: Bob Barcinski - - FROM: Bralim Dubin DATE: '1/13/96 RE: Delray Beach Golf Club Reserved Tee Time Program At present, our tee time policy for hotels is as follows: ~ Season (November 1 - April 30) One tee time per hour reserved between 11:00 a.m. - 2:00 p.m., Monday, Tuesday, Thursday, Friday. O_tlLflf. fi.e,~ffiI1 (May 1 - October 31) One tee time per hour reserved between 7:00 a.m. - 4:00p.m., Monday, Tuesday, Thursday, Friday. POINTS Hotels must be situated within City Limits No one hotel may buy all times Advance registration fee is approximately 20% above non-resident rates Only applicable to 18 hole play Times may be reserved up to 12 months in advance Reservations must be prepaid RECOMMENDATION We are recommending the following: Remove "City Limit" restrictions C.~ Allow "exceptions" based on amount of play, sound business practice and specific situation ~)Allow us to charge appropriate rate based on circumstances We believe that there is a great opportunity for Delray Beach Golf Club to be a catalyst to increase tourism for the City of Delray Beach and Palm Beach County. Dubin & Associates plans to use not only Delray Beach Golf Club, but also Lakeview, Palm Beach Gardens Golf Club and Southwinds to attract tourists. We plan to develop golf packages in conjunction with hotels and cruise lines to bring tourist dollars to Our County. 2200 Highland Avenue · Delmy Beach, Florida 3..'.'.'.'.'.'.'.'.~45 ° (407) 243-7385 - Managed by Dubin & Associates - Page 2 Bob Barcinski 1/13/96 We believe that this will specifically benefit Delmy Beach Golf Club and Lakeview during our Off Season. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MgaNAGER~ SUBJECT: AGENDA ITEM # t ' - MEETING OF SEPTEMBER 17, 1996 CONDITIONAL USE REQUEST/KIDDY KAMPUS NURSERY SCMOOL DATE: SEPTEMBER 13, 1996 This is before the Commission to consider extending the current conditional use request to re-establish a child care center for Kiddy Kampus Nursery School and Kindergarten located on the east side of S.W. 10th Avenue approximately 100 feet south of S.W. 1st Street. In May of this year the existing child care facility at this location closed due to staffing problems. The owner has since decided to sell the facility; however, it is unlikely that the property would be sold and re-occupied within the 180 day period as required by LDR Section 2.4.5(E) (5) which states that when a conditional use has been abandoned for a period of 180 days, any re-establishment of the use requires a new conditional use approval. The Planning and Zoning Board will formally review this item at its meeting of September 16, 1996, and their recommendation and comments will be presented at the September 17 meeting. TO: DAVID T. HARDEN, CITY MANAGER THRU: '~' ~ DEPARTMENT OF PLANNING AND ZONING FROM: ~SENIOR PLANNER SUBJECT: MEETING OF SEPTEMBER 17, 1996 CONSIDERATION OF A CONDITIONAL USE REQUEST TO RE- ESTABLISH A CHILD CARE CENTER KNOWN AS KIDDY KAMPUS NURSERY SCHOOL & KINDERGARTEN The action requested of the City Commission is that of a_Dproval of a Conditional Use request to re-establish a child care center for Kiddy Kampus Nursery School & Kindergarten. The subject property is located on the east side of S.W. 10th Avenue, approximately 100 feet south of S.W. 1st Street. Kiddy Kampus Nursery School & Kindergarten was established in 1960 with the construction of a 1,440 sq.ft, nursery school, and construction of an additional 2,003 sq.ft, child care center building, in 1966. In May of this year, the existing child care facility closed due to staffing problems. Since then, the property owner has decided to sell the facility after operating it for the past 36 years. However, when a conditional use has been abandoned for a period of 180 days (November, 1996), any re-establishment of the use requires a new conditional use approval. As it is unlikely that the property would be sold and re-occupied City Commission Documentation Meeting of September '17, 1996 Kiddy Kampus Nursery School and Kindergarten - Conditional Use Approval Page 2 within the 180 day period, a request to continue the current conditional use request has been submitted. The property is currently zoned RM (Medium Density Residential) which allows child care centers as a Conditional Use. Kiddy Kampus is an early learning center which services children from 3 months to 6 years old. The child care facility will have a maximum enrollment of 68 children (including 12 infants and 11 toddlers), based upon the current HRS license, with 6 employees and 1 floater. The hours of operation will be Monday - Friday, 6:30 A.M. - 5:30 P.M. An analysis of the request is found in the attached Planning and Zoning Board Staff Report. The Planning and Zoning Board will formally review this item at its meeting of September 16, 1996. The Board's recommendation and comments will be presented at the September 17th City Commission meeting. By motion, approve the Conditional Use request to re-establish a child care center (Kiddy Kampus Nursery School and Kindergarten) based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: A. That the maximum enrollment for the child care facility be 68 children; B. That the hours of operation be limited to 6:30 a.m. to 5:30 p.m.; and, C. That a recorded unity of title be provided. Attachment: Board Staff Report and Documentation of September 16, 1996 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 16, 1996 AGENDA ITEM: V.B. ITEM: Conditional use request for Kiddie Kampus Nursery School and Kindergarten, located on the east side of S.W. lOth Avenue, approximately 100 feet south of S.W. 1st Street. GENERAL DATA: Owner/Applicant ............................. Lillie R. Randolph Location ......................................... East side of S.W. 10th Avenue, approximately 100 feet south of S.W. 1st Street. Property Size ................................. 0.31 Acres Future Land Use Map Designation Medium Density Residential 5-12 units/acre Zoning Designation ........................ RM (Medium Density Residential) Adjacent Zoning ................... North: RM East: RM South: RM West: RM Existing Land Use .......................... Day care center with a capacity of 68 children (currently vacant). Proposed Land Use ....................... Conditional use request to re-establish the existing day care center. Water Service ................................ Existing on site. Sewer Service ................................ Existing on site. MoB. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to re-establish a child care facility for Kiddy Kampus Nursery School &.Kindergarten, pursuant to LDR Section 2.4.5(E). The subject property is located on the east side of S.W. 10th Avenue, approximately 100 feet south of S.VV. 1st Street (111-115 S.W. 10th Avenue). The subject property consists of Lots 3 and 4, Lincoln Park Subdivision, and contains approximately 0.31 acres. A child care center/nursery school was established on the property in 1960 with the construction of a 1,440 sq.ft, nursery school on Lot 4, and construction of an additional 2,003 sq.ft, child care center building on Lot 3, in 1966. The child care centednursery school facility had been licensed by HRS (Palm Beach County Department of Health and Rehabilitative Services), which regulates child care facilities, to operate with a maximum capacity of 68 children and limited to only 23 infants. In May of this year, the facility closed due to staffing problems. Since then, the property owner has decided to sell the facility after operating it for the past 36 years. The property is currently zoned RM (Medium Density Residential) which allows child care centers as a Conditional Use. However, when a conditional use has been abandoned for a period of 180 days, any re-establishment of the use requires a new conditional use approval. Thus, the conditional use will expire in November if the use is not re-established. As the property cannot be sold with that contingency, a conditional use application to re-establish the child care facility has been submitted, which is now before the Board for action. The Conditional Use request is to re-establish a child care facility known as Kiddy Kampus Nursery School & Kindergarten. Kiddy Kampus is an early learning center which services children from 3 months to 6 years old. The child care facility will have a maximum enrollment of 68 children (including 12 infants and 11 toddlers) with 6 employees and 1 floater. The hours of operation will be Monday - Friday, 6:30 A.M. - 5:30 P.M. The site currently consists of the following: Two existing c.b.s, structures containing 1,440 sq.ft. (Lot 4) and 2,003 sq.ft. (Lot 3) each, with a covered walkway connecting the buildings; Planning and Zoning Board Staff Report Kiddy Kampus Nursery School and Kindergarten - Conditional Use Approval Page 2 [] 1,272 sq.ft, concrete patio; [] two (2) parking spaces, a drop-off/loading area, and associated landscaping; and, [] 6' high chain link fence surrounding the outdoor play .area; 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 zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of Medium Density Residential 5-12 du/ac and is zoned RM (Medium Dens!ty Residential). The RM zone district is consistent with the Medium Density Residential 5-12 du/ac land use designation. Pursuant to LDR Section 4.4.6(D)(3), within the RM zoning district, child care facilities are allowed as a Conditional Use subject to the special provisions for child care centers outlined in LDR Section 4.3.3(E). Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels-of service established within the Comprehensive Plan. 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. This petition is related to maintaining the existing child care enter use of the property which has been in existence for 36 years. Based upon the above, positive findings can be made with respect to Concurrency. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other Planning and Zoning Board Staff Report Kiddy Kampus Nursery School and Kindergarten - Conditional Use Approval Page 3 objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. COMPREHENSIVE PLAN POLICIES; A review of the goals, objectives and policies of the City's adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is surrounded by the RM zone district. The surrounding land uses consist primarily of single family and duplex structures, with a church facility at the intersection of S.W. 10th Avenue and S.W. 1st Street. Compatibility with the adjacent residences is not a concern. The existing child care facility has co-existed with the adjacent residences for 36 years. The proposed use will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which has been reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following technical comments have been identified. Parking Pursuant to LDR Section 4.6.9(C)(7)(h), child care facilities must provide 1 parking space per 300 sq.ft, of total floor area. Further, parking is to be designed to enable vehicles to enter and exit a site in a forward manner. Planning and Zoning Board Staff Report Kiddy Kampus Nursery School and Kindergarten - Conditional Use Approval Page 4 The existing 3,443 sq.ft, facility requires 12 parking spaces, however, only 2 have been provided (in addition to the drop off area), and they are designed to back out onto S.W. 10th Avenue. The current nonconforming parking situation has existed in this manner for many years. While far from ideal, it has not created significa, nt. problems. When the nursery school was established in 1960 and expanded in 1966, the parking requirements for child care facilities were much less restrictive than they are today. While compliance with the above items can be required as part of any conditional use approval, it does not seem reasonable to request these upgrades in conjunction with this request, which is essentially an extension of the existing approval. There is not sufficient room to accommodate the required parking on site without limiting the number of children that can attend the facility, as well as incurring additional costs for this operation. This facility has functioned in this manner for 36 years with no problems or complaints from the surrounding neighborhood. They are not proposing an expansion of the use, therefore, the existing nonconformities should be permitted to remain. Child Care Facilities - Supplemental Regulations The existing site complies with the LDR Section 4.3.3(E), which lists specific requirements for child care facilities relating to the following: lot area, floor area per child, outdoor play area per child, and loading/drop-off area. Unity of Title The existing development incorporates 2 platted lots with improvements across lot lines and functions as one development. Therefore, a recorded unity of title tying the properties together must be provided. The development proposal is not located within a geographical area requiring review by the Downtown Development Authority (DDA) or the Historic Preservation Board (HPB). Community_ Redevelopment Agency At its meeting of August 22, 1996, the CRA reviewed and unanimously recommended approval of the development proposal. Planning and Zoning Board Staff Report Kiddy Kampus Nursery School and Kindergarten - Conditional Use Approval Page 5 Public and Courtesy Notices: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Courtesy notices have been proyided to the following homeowner's associations which have requested notice of developments in their areas: El Sunshine Homeowner's Association El Carver Park Homeowner's Association Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The existing child care center was closed in May of this year and must be re-established within 180 days (November), or the approval will expire. As the property cannot be sold with this contingency, a request to continue the current conditional use has been submitted. Positive findings can be made with respect to compatibility with surrounding properties [LDR Section 2.4.5(E)(5)] as the child care center has co-existed with the adjacent residences for 36 years with no known problems. There are deficiencies on this site with respect to parking, however this is an existing nonconforming situation. This conditional use request is more of an extension of the expiration date for the existing facility which has been an asset to the community for many years. A. Continue with direction and concurrence. B. Recommend approval of the Conditional Use request to re-establish Kiddy Kampus Nursery School & Kindergarten, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use request to re-establish Kiddy Kampus Nursery School & Kindergarten, based upon a failure to make positive findings with respect to Compliance with the Land Development Regulations. Planning and Zoning Board Staff Report Kiddy Kampus Nursery School and Kindergarten - Conditional Use Approval Page 6 Recommend approval of the Conditional Use request to re-establish Kiddy Kampus Nursery School & Kindergarten based upon positive findings-with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: A. That the maximum enrollment for the child care facility be 68 children; B. That the hours of operation be limited to 6:30 a.m. to 5:30 p.m.; and, C. That a recorded unity of title be provided. Attachments: [] Location Map Survey Floor Plan Report Prepared By: Jeff Costello, Senior Planner I X RRE ATLANTIC AVENUE $.W. 1ST ST. $.W. 2ND ST. 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I ........ ~ ................. ~ ~ ,.'.,' '3 .... · , ,~, ., ~ . l~ ,~ , ..........., , .... ..... . ,, .... ...... ' ,;' .... 't'" ,.t: '--- ~j ~ .... : ~'[ ='~ .....~: ........j ~ ........... t'" ;':, .............. ii '' I , ....... ,.,., , ................... . . i , , ,.,..,. ........ ,:,. ,, ..... ....... ' .... i" ,, .... t ...... ,"i t' [lTV I]F llELRI:IV BER[H DELRAY BEACH ~ 100 N,W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 .407/243-7000 AII-J~nerical~ MEMORANDUM 993 TO: David T. Harden, City Manager FROM: ,~Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item # ~ ~. City Commission Meeting September 17, 1996 Education Board Recommendation - Middle School Boundary Change Plan School Year 1997 - 1998 DATE: September 12, 1996 ACTION City Commission is requested to approve the Education Board's recommendation not to add SACs 290A, 290B, 294B and 294C to Carver Middle School for school year '97- '98. BACKGROUND On September 9, 1996 the Education Board met with Linda Hines from the School Board staff and members of the Advisory Boundary Committee (ABC) to discuss a plan which would change middle school boundaries for school year '97- '98. Boundary changes are being proposed to accommodate the new middle school 91-MM being build in West Boca. The boundary changes being proposed that affect Delray Beach students are as follows: SACs 300C and 300E from Omni to Boca Raton, SACs 290A, 294B, 294C from Boca Raton to Carver Middle School. The Education Board did not object to moving SACs 300C and 300E from Omni to Boca Raton Middle School. The Board felt these changes did not cause a negative impact on racial balance and this change was a logical feeder school progression. The Education Board did, however, feel that the proposed changes which added SACs 290A, 290B, 294B and 294C to Carver created a negative impact on racial balance at this school. The Board felt that we should maintain a ratio of no greater than 40% Black African-American population at any of our schools. They felt that a higher percentage tends to create a negative perception of educational quality. The Board was also concerned with adding more portables to this site. The Education Board did consider the feeder school pattern, i.e., Spady to Carver to Spanish River, that these changes would create, as well as keeping the students closer to home, at least through middle school. The Board, however, felt that the negative impact on racial balance at Carver was more important at this time. THE EFFORT ALWAYS MATTERS Printed on F~ecycled Paper Agenda Item # Page 2 RECOMMENDATION City Commission is requested to endorse the Education Board's recommendations conceming proposed middle school boundary changes for School Year '97- '98 and authorize the Mayor to send a letter to the ABC Committee and Superintendent which endorses this recommendation. RAB:kwg File:u:graham/agenda Doc.:MoveSACs.97 E-3 CANAL~ l,~ ~ i,~ r~ MILITARY . ~ L I ~AIL .... .......... .... I ~'~ Z --'--i ~ ~ z ~ HOMEWOOD BOULEVARD CON ORESS A~NUE 1-95 1-95 > ~. SWlNION AVE HIOH i ,~. ~ SEACREST FEDERAL HIGHWAY ATLANTIC OCEAN MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~'~. - MEETING OF SEPTEMBER 17, 1996 PROVIDE DIRECTION/REQUEST FOR STREET RENAMING DATE: SEPTEMBER 13, 1996 This is before the Commission to provide direction with respect to a request to rename a street. The consensus of the Commission at the meeting of January 25, 1994 was that streets should not be renamed, but that an extraordinary situation could be brought to the attention of the Commission on a case-by-case basis. The City has received a request to rename Milfred Street to Wallace Lane. Milfred is a short street which serves as the entry to the Wallace body shop, and which was paved and landscaped at the property owner's expense as part of the development of the shop. I think this is an extraordinary situation in that only two existing addresses would be affected. Also, I do not consider this naming a street for an individual; rather the street would be named for a business. Nevertheless, I consider it important that we not violate LDR Section 5.3.1(F) (2) for public safety reasons. I recommend that the request be denied since we already have a Wallace Drive. TO: DAVID T. HARDEN CITY MANAGER FROM: PAUL DORLING, NCIPAL PLANNER THRU: DIANE UEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 17, 1996 PROVIDE DIRECTION WITH RESPECT TO A REQUEST TO RENAME MILFRED STREET IN RECOGNITION OF AN INDIVIDUAL. The action requested of the City Commission is to provide direction with respect to a request to rename a street in recognition of an individual. The request is contrary to the policy established by City Commission in January, 1994. At the workshop meeting of January 4th, 1994 the City Commission discussed a proposed policy regarding the renaming of local streets. The consensus of the Commission was that streets should not be renamed in recognition of individuals. It was felt that any extraordinary situation could be brought to the attention of the Commission on a case by case basis. This policy was formally adopted by City Commission at their January 25, 1994 meeting by a unanimous vote of 4-0 (Commissioner Barbara Smith absent). On August 22, 1996 the City received a request to rename Milfred Street to Wallace Lane. Milfred Street is located immediately north of the Wallace Ford dealership and was recently paved as part of the site development plan involving expansion of the Wallace body shop. As the request is contrary to the established policy the City Commission is asked to provide direction as to whether the requested name change is an extraordinary situation and should therefore be considered by the Planning and Zoning Board and the City Commission. The basis for the applicant's request is that Milfred Street is relatively short, serves as the entry to the Wallace body shop and was paved at the property owner's expense as part of the development of the body shop. This street is part of a grid network that serves an industrial area. Further, street improvements are routinely required with developments of this nature, without resulting in name changes. The circumstances in this case do not appear to be extraordinary. The applicant's request is accompanied by a letter signed by all residents (two) on the street who agree to dual naming of the street to Wallace Lane/Milfred Street. However, as the dual name would be temporary (1 year) and the street would revert to one name (Wallace Lane), verification that the residents agree to the single name change is required. Further, pursuant to LDR Section 5.3.1(F)(2) (Street Names) the naming of the street to Wallace Lane is not allowed. This LDR section states" In no case shall new streets have names or numbers which duplicate or which are phonetically similar to existing street names, regardless of the prefix or suffix used e.g. "avenue", "boulevard", "crescent", "court", "drive", "way", "place", "street", "terrace" etc.". As Wallace Drive currently exists (previously Germantown Road) this LDR section prohibits the naming of any street to Wallace Lane, and a waiver of this provision would be necessary. The Planning and Zoning Board has not reviewed the request. If the City Commission determines that the change is an extraordinary situation the Planning and Zoning Board would consider the request at their regular scheduled meeting in October. By motion: Provide direction not to accept or process the request as it is inconsistent with City Commission policy on renaming streets in recognition of individuals as well as inconsistent with LDR Section 5.3.1 (F)(2). Attachments: · Letter of request Diane Dominguez, please process the following request per DTH. 8/26/96 kwg August 2'~ 1996 ~"' .. ~f Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. Harden, The Wallace dealerships respectfully request the renaming of Milfred Street to the dual name of Wallace Lane/Milfred Street. Wallace Ford recently completed paving and landscaping this City street at our expense. The street begins at the east off Wallace Drive and dead-ends into the Wallace Body Shop at the west. The distance of the entire street is approximately 480 feet. Along with our request, we are submitting a signed statement by the two residents of Milfred Street agreeing to the dual name change to Wallace Lane/Milfred Street. We would appreciate your consideration and favorable approval of this request. William L. Wallace President WLW/gj s Enclosure FORD · NISSAN · DODGE 1-95 & LINTON BLVD. · P.O. BOX 9002 ° DELRAY BEACH, FLORIDA 33447-9002 FORD: Delray Beach 278-0303 West Palm Beach 732-0895 Broward 427-6900 S. Broward/Miami 932-7678 Fax 274-8187 NISSAN: Delray Beach 278-6216 West Palm Beach 734-7100 Broward 421-9200 DODGE: Toll Free Sebastian to Key West 930-0302 Dodge August 5, 1996 Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Flodda 33444 As long time residents of Milfred Street in Delray Beach, we the undersigned have no objection to the renaming of our street to the dual name of Wallace Lane/Milfred Street. After years of living on an unpaved road, it is now a pleasure to ddve down our newly paved and landscaped street. In consideration of the costs incurred by the Wallace dealerships in beautifying our area, we are agreeable to the street being renamed Wallace Lane/Milfred Street. Ornelas 12o_..¥Milfred Street, Delray Beach, FL 33444 ature ' Date Villar~eal-/ //. ~'''/~.A215 Milfred Street, Delray Beach, FL 33444 Signature Date FORD ' NISSAN · DODGE 1-95 & LINTON BLVD. · P.O. BOX 9002 · DELRAY BEACH, FLORIDA 33447-9002 FORD: Delray Beach 278-0303 West Palm Beach 732-0895 Broward 427-6900 S. Broward/IVliami 932-7678 Fax 274-8187 NISSAN: Delray Beach 278-6216 West Palm Beach 734-7100 Broward 421-9200 DODGE: Toll Free Sebastian to Key West 930-0302 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~I SUBJECT: AGENDA ITEM # ~. - REGULAR MEETING OF SEPTEMBER 17, 1996 APPOINTMEntS TO POMPEY PARK ADVISORY COMMI~E DATE: SEPTEMBER 12, 1996 Alan Holliday's term as a citizen member on the Pompey Park Advisory Committee expired on September 13, 1996. Mr. Holliday does not wish to be considered for reappointment due to business constraints. In addition, Amy Azam's term (13 to 19 years of age group) expired on September 13th. Ms. Azam was originally appointed to fill an unexpired term in October, 1995. She is eligible and would like to be considered for reappointment. The terms will be for two years, ending September 13, 1998. Attenaance records are attached. Applications for the citizen member have been received from: Evelyn Dobson Myra B. Julian Charlene E. Pollard Applications for the 13-19 years age group have been received from: Amy Azam (incumbent) Kenneth Julian, III Darrell McCray Marlon Sobers Ely Turner Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. There are none. The appointment of a citizen member will be made by Commissioner Randolph (Seat %4), having been deferred from the September 3rd regular meeting, and the appointment of a member from the 13 to 19 years age group will be made by Commissioner Kiselewski (Seat %1). Recommend appointment of a citizen member and a youth member (13-19 years of age) to the Pompey Park Advisory Committee for two year terms ending September 13, 1998. ref: agmemo MEMORANDUM TO: City Commissioners FROM: Anita Barba, Executive Assistant THRU: Alison MacGregor Harty, City Clerk SUBJECT: ADDITIONAL APPLICATION FOR THE POMPEY PARK ADVISORY COMMITTEE DATE: September 17, 1996 Brian Martin has submitted his application for Consideration for the Pompey Park Advisory Committee as a citizen member. update.doc CITY O~~ DELRAY BEACH BOARD MEMBER APPLICATION HOME ADDRESS (Street, City, Zip Cod~) (LEGAL RESIDENCE) PRINCIPAL BUSINESS ADDRESS (Street, ~City, Zip Code) ON w~ BOA~S A~ YOu I~ERESTED I~ S~VZNO LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATI. ONAL qUALIFICATIONS LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR P~SENT, OR MOST RECENT ~LOYER, ~ POSITION O,~er~AS crVlceS DESCRIBE E~ERIENCES, SKILLS OR ~O~EDGE ~ICH QU~IFY YOU TO SERVE ON ~IS BO~ PLEASE ATTACH A BRIEF RESUME. UNDERSTAND TH~:T ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE~FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. , SZGNkTURE DATE 4/90 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~'// SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF SEPTEMBER 17, 1996 APPOINTMENTS TO THE CIVIL SERVICE BOARD DATE: SEPTEMBER 12, 1996 Bill O'Neill (regular member) and H. Ric Zazzi (alternate member) have both submitted letters of resignation from the Civil Service Board. This creates two vacancies for unexpired terms both ending July 1, 1998. According to the Civil Service Act, there are to be five regular members on the Civil Service Board. Three of the regular members are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, and are appointed by the City Commission. Two regular members are elected by eligible City employees. In addition, there are two alternate members. Appointees need not be residents, property owners or business owners within the City. Applications have been received from the following: Martin Frost Melvin Hirth Allen P. Huntington Murray Kalish Arthur King Leo KopFman John Tallentire (currently serving on Police and Fire Board of Trustees) Morris Weintraub Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. There are none. The appointment of a regular member will be made by Mayor Alperin (Seat #5), while Commissioner Kiselewski (Seat #1) will appoint the alternate member. Recommend appointment of a regular member and an alternate member to the Civil Service Board to fill unexpired terms ending July 1, 1998. ref: agmemol MOTOROLA A~gust 21, 1996 Mr. Paul Doding Chairman, Civil Service Board City of Delray Beach Planning Department 100 N.W 1st Avenue Delray Beach, FL 33444 Dear Mr. Dorling: I have been advised by my employer that I am expected to transfer to our Hong Kong office this December. Due to the required preparation and my extensive travel schedule in the upcoming months, I regret to inform you that I must resign my position with the Civil Service Board effective immediately. It has been a pleasure to work with you and your colleagues in the short time that I have been associated with the Civil Service Board, and I wish you all the best in the future. Sincerely, evard, Boynton Beach. Florida 33426 (407) 364-2000 FAX: (407) 364-2341 II H Ric Zazzi 9192 Picot Court Boynton Beach, Florida 33437 August 29, 1996 Mr David Harden, City Manager City of Delray Beach 100 N. W. 1 st Street Delray Beach, Florida 33444 Dear Mr. Harden: It is with sincere regret that I write to you requesting to be removed as a member of the Civil Service Board. My Work schedule has recently changed and I will not have the flexibility required to be an active participant. I thank you and the city commission for your consideration of my application and hope to be able to participate at some time in the future. CITY OF DELRAY BEACH~ FLORIDA - CITY COMMISSION REGULAR MEETING - SEPTEMBER 17~ 1996 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING ITEM 9. G. TO THE REGULAR AGENDA TO READ AS FOLLOWS: G. SESTLEMENT OF DELRAY EXECUTIVE MALT, V. CITY OF DELRAY BEACH: Consider settlement of the referenced matter as recommended by the City Attorney. f~ ~ O [ITY JIF OELRAY BEll[it CITY ATTORNEY'S OFFICE TM ~ll.~md~ 0i~ MEMO~NDUM ~ 993 TO: City Co~ssion ~OM: Bfi~ Shutt, ~sist~t City A~omey S~CT: Settlement of Delray Executive ~1 v. City of Delray Beach The Delray Executive M~, t~ou~ its attorney, filed a lawsuit ag~nst the City in 1992 cl~ng d~ages for breach of comract. The ~leged breach involved a le~er si~ed by the Fire Dep~ment ~ 1982 pro~ding that the building located at 110 East Atl~tic Avenue would not require automatic spillers if ce~n conditions were met. However, in 1988 during a routine inspection of tho building by the Fire Dep~ment, tho o~er, Delray Execmive M~I, was cited for f~lure to have automatic spillers in the building. The City's position is that State Statute m~dated ~1 mu~cip~ities adopt the 1985 version of the Life S~ety Code w~ch, in the Ci~'s opi~o~ required spillers to be installed in the b~ding. The Delray Executive Mall has ~ed that its prior agreemem ~th the Ci~ would prevem the City ~om requiting the inst~lation of a spiller system at a later date. D~lray Executive M~I has ~eg~d that to inst~l the automatic spiller system in the budding would cost in excess of $100,000.00 ~d ~e as~ng for d~ages in that ~ount in its lawsuit. Delray Executive Mall has offered to settle this case for $1500.00, which includes all attorney's fees and costs. If the Commission accepts this offer, the City Attorney's Office will obtain a complete release from Delray Executive Mall for all its claims. Frank Babin, Risk Manager, concurs in this settlement agreement. Our office recommends acceptance of this offer. Please amend the City Commission agenda for September 17, 1996 to include this item. Please call if you have any questions. cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Frank Babin, Risk Manager MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY M/~AGER~fi~ SUBJECT: AGENDA ITEM # /0'8. - MEETING OF SEPTEMBER 17, 1996 RESOLUTION NO. 71-96 (DDA TAX LEVY) DATE: SEPTEMBER 13, 1996 Resolution No. 71-96 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 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. 71-96. RESOLUTION NO. 71-96 A RESOLUTION OF THE CITY C(~94ISSION OF THE CITY O~ Dm.RAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF Dk'~.RAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COT.T.~TIONS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF D~T.WA¥ BEACH, FLORIDA, AS FOLLC~S: Section 1. That a tax of $1.00 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within tb~ Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 1996, and eD~ling September 30, 1997. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Develot~ent Authority Taxin~ District revenue derived from said tax for operating and maintenance expenses of the Downtown Develo~ent Authority Taxing District, and also in aaa~tion, 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 theft part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Develol~ent Authority Taxing District of the City of Delray Beach is $99,014,924. The 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 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 accorclance 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 taxable 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 tax_~ble value shown on the assessment roll to be Section 3. That public hearings w~re held on the proposed budget on September 3, 1996, and September 17, 1996. PASSED AND ADOPTED in regular session on this the 17th day of City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~2~IAGER~'~ SUBJECT: AGENDA ITEM # /0 A - MEETING OF SEPTEMBER 17, 1996 RESOLUTION NO. 70-96 (TAX LEVY ON ALL PROPERTIES IN THE CITY) DATE: SEPTEMBER 13, 1996 Resolution No. 70-96 levies a tax on all properties in the City of Delray Beach for fiscal year 1996/97 as follows: 6.95 mills for operation and maintenance of the General Fund .90 mills for the payment of principal and interest on bonded indebtedness 7.85 mills Millage Rate The millage rate of 7.85 mills is 0.05 less than FY 1995/96. The rolled back rate calculated under the TRIM law for operating purposes is 6.73 mills. The tentative millage rate is 3.27% above the rolled back rate. Pursuant to the City's Charter and TRIM requirements, a public hearing must be held prior to the adoption of the proposed millage rate. Recommend approval of Resolution No. 70-96. RESOLUTION NO. 70-96 A RESOLUTION OF THE CITY CC~94ISSION OF ~HE CITY OF D~T,RAY BE H, FLORIDA, TO A TaX ON THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COT.L~CTIONS THEREUNDER. NC~, THEREFORE, BE IT RESOLVED BY THE CITY ~SSION OF THE CITY OF DRT.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of 86.95 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the City of De]ray Beach for the fiscal year c~u~;~encing 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 addition, all revenues derived by said City 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 City of Delray Beach is $2,634,640,096. The 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%. The aggregate millage rate, including the Downtown Develola~ent Authority Taxing District, exceeds the aggregate rolled-back rate by 3.33%. Section 2. ~nat 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 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 millage rates are adopted subject to adjustment in accor~__~nce 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 extended. Section 4. ~t public hearings were held on the proposed budget on September 3, 1996, aD~ September 17, 1996. PASSED AND ADOPTED in regular session on this the 17th day of September, 1996. ~ ~ ~/~j~ City Clerk - 2 - Res. No. 70-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~M~I'AGER~ SUBJECT: AGENDA ITEM # ]0 '~' - MEETING OF SEPTEMBER 17, 1996 RESOLUTION NO. 72-96 DATE: SEPTEMBER 13, 1996 Resolution No. 72-96 makes 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 appropria- tions 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. Recommend approval of Resolution No. 72-96. RESOLUTION NO. 72-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEA~H, FLORIDA, FOR THE PERIOD FROM ~ 1ST DAY OF OCTOBER, 1996, TO THE 30TH DAY OF SEPTEMBER, 1997; TO PRESCRIBE THE TERMS, C(]qDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND AT.n RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE ITRESOLVED BY THE CITYCOMMISSION OF THE CITY OF D~.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. ~at the following sums of money, attached hereto and marked Exhibit "A", are hereby 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 max/mum, 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 tot_al 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 /st 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 financingthe 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 Ccmmission first obtained. If such department, bureau, agency or indiv/_~3_m] sb~l 1 exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or indivi4ual, 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 ~am=y. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of ~~tures/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 17th day of September, !996. ~~~.. City Clerk - 2 - Res. No. 72-96 EXHIBIT A BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA - FISCAL YEAR 1997 DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 60,830 40,000 2,323,000 93,770 2,517,600 ESTIMATED REVENUES: TAXES Millage Per $1,000 AD VALOREM TAXES 6.95 17,395,220 17,395,220 AD VALOREM TAXES o.9o 2,252,620 2,252,620 AD VALOREM-DELINQUENT 111,340 111,340 AD VALOREM - DDA 1.oo 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 49,390 1,633,030 6,551,930 Charges for Services 3,414,950 25,104,880 28,519,830 Fines & Forfeitures 475,700 475,700 Miscellaneous Revenues 2,885,750 4,330 3,673,450 23,000 6,586,530 Other Financing Sources 2,219,280 412,560 775,990 3,407,830 TOTAL REVENUES AND OTHER RNANCING SOURCES 44,890,990 98,400 29,240,280 2,432,020 76,661,690 TOTAL ESTIMATED REVENUES AND BALANCES 44,951,820 138,400 31,563,280 2,525,790 79,179,290 EXPENDITURES/EXPENSES: General Government Services 5,108,590 5,108,590 Public Safety 24,914,500 24,914,500 Physical Environment 291,670 19,776,390 20,068,060 Transportation 1,269,970 1,269,970 Economic Environment 698,510 90,200 1,778,710 2,567,420 Human Services 170,030 170,030 Culture & Recreation 6,104,800 2,714,350 370,380 9,189,530 Debt Service 2,878,450 4,932,350 298,040 8,108,840 Other Financing Uses 3,418,610 3,497,900 6,916,510 TOTAL EXPENDITURES/EXPENSES 44,855,130 90,200 30,920,990 2,447,130 78,313,450 Reserves 96,690 48,200 642,290 78,660 865,840 TOTAL EXPENDITURES AND RESERVES 44,951,820 138,400 31,563,280 2,525,790 79,179,290 - 3 - Res. No. 72-96 MEMORANDUM TO: MAYOE~ AND CITY O3MMISSIONERS FRf~: CITY MANAGER ~ ~: ~ ~ # /OL)- ~~ o~ s~~ ~, ~6 ~ ~I~ & ~nIC ~~ ~R O~I~ ~. 33-96 ~ 12, 1996 Tnis is second reading and public hearing for Ordinance No. 33-96 which enacts a new Chapter 51, "Garbage and Trash", to be consistent with the contract for collection services with BFI effective October 1, 1996. The rates for Fiscal Year 1996/97 reflect a general decrease. At first reading on September 3, 1996, the Commission passed the ordinance by a vote of 4 to 0, subject to various modifications. The Finance Director and the City Attorney are prepared to review the changes and answer any questions the Commission may have at Tuesday's meeting. Recommend approval of Ordinance No. 33-96 on second and final reading. ref: agmemo 17 ORDINANCE NO. 33-96 AN ORDINANCE OF THE CITY COIVlMISSION 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 TRASHY; 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 l. That Chapter 5l, "Garbage and Trash", is hereby repealed and a new ~ 51, "Garbage and Trash", is hereby enacted to read as follows: CHAPTER 51: GARBAGE AND TRASH GENERAL PROVISIONS Section 51.01 DEFINITIONS. To the extent the definitions contained herein conflict with similar definitions contained in any federal, state or local law, the definition herein shall prevail Biohmrdous 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 orgatfisms. The term includes, but is not limited to, non-liquid human tissue and body parts; 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. Bio_logical WaSte: Shall mean solid waste that cause or has the capability of causing disease or infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and other ~e capable of transmitting pathogens to humans or animals. Built 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 tubs, water heaters, sinks, bicycles, and other similar appliances, household goods, furniture, large boxes, barrels and crates, and shall not be commingled with Vegetative Waste or any other type of refuse. t~[: The City of Delray Beach, Florida, or the City's authorized agents or contractors. I~L~]alI~,~.. Shall be the City Manager of the City of Delray Beach or his/her designee. Colorlon: Shall mean the process whereby solid waste, garbage, trash, bulk trash, vegetative waste or recyclable material is removed and transported to a Designated Facility. ~ommereial Service: Shall 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 ali accumulations of paper, rags, excelsior or other packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other accumulation 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 containerized. Commercial trash shall not include Special Waste. Construction ,~nd 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. l~ilal:~lg, at: Shall mean the Florida Department of Environmental Protection. I}es'_mmated Facility_: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Solid Waste Authority or the City Manager. l~tltl~l_Clll~: Shall mean the "tipping fees" or landfill costs charged to the Contractor by others for disposal of the waste collected by the Contractor. ~: Shall mean all putrescible waste which generally includes but is not limited to kitchen and table food waste, Imimal, vegetative, food or any organic waste that is attendant with or -2- ORD. NO. 33-96 results fi'om the storage, preparation, cooking or handling of food materials whether attributed to residmti~ or commercial activities. Vegetative Waste shall not be commingled with Garbage in the ~me collection. Garbage shall not include any material that falls within the definition of Special Waste. Gm.lm~_e Receptacle: Shall 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, fumisbed 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 fifty (50) gallons in capacity or fifty (50) pounds in weight for owner's container and thirty-two (32) gallons or ninety five (95) gallons for rollout containers. Hamrdous Waste: Shah solid waste defined the State of Florida of mean by Department Environmental Regulation as a haTardous waste in the State of Florida Administrative Code, or by any future legislative action or by federal, state or local law. Industrial Wastes: Shall mean any and all debris and waste products generated by man--g, food processing (except in restaurants and homes), land 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. Loading 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 ldlll~,_Rr, fu~: 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. Meehmtical 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-I/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. -3- ORD. NO. 33-96 I t P. al:lihlg_Id~: Commercial and public lots designed for the parking of any vehicles with the exception of residential parking. ~d~tll: Any natmal person, owner, agent, corporation, partnership, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary, occupant, lessee, tenant, or representative or group of individuals or entities of any kind. PremEes: Lots, sidewalks, alleys, rights-of-way, grass strips, and curbs up to the edge of the pavement of any public thoroughfare. l~rlvate 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 land, 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. I~ublic Prooertv: 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, recreation areas, sidewalks, grass strips, medians, curbs, or rights-of-way up to the edge of the pavement of any public thoroughfare or body of water. l~ecy_clable Materials: Shall mean newspapers (including inserts), magazines and catalogs, aluminum, aluminum 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 Comraetor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. RtCY. g]illg: Shall mean any process by which solid waste, or materials which otherwise become solid waste, are collected, separated, or processed and reused or returned 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 Proiects: Minor residential repairs done exclusively by the homeowner himself. -4- ORD. NO. 33-96 Reaidential 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. Rolioff Collection Service: Shall mean the collection of construction and demolition debris using open top rolloff containers within temporary locations in the City, limited to new construction sites. Rolloff collection service shall also mean the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the customer chooses to use open top rolloff 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. ~: Carts that are either a 32 or 95 gallon (approximate) wheeled container of a type approved by the City Manager or his designee, and shall be equipped with wheels, and a lid latch ~ will keep the lid closed if the cart should be knocked or blown over. $in~e Family Residential Unit: Any dwelling place designed to be occupied by one family. ~lllll~: Includes the accumulated 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 fi.om Septic tanks, grease lraps, privies, or similar waste disposal appurtenances. ~l~d~tlL~: Shall mean solid wastes that require special handling and management, which are 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. T~sh: Shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweeping, broken toys, tools, utensils, and all other accumulations of a similar 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. V~etafive Waste: Shall mean any vegetative matter resulting fi.om yard and landscaping mainteaance and shall include materials such as tree and shrub materials, grass clippings, palm fi.onds, Christmas trees, tree branches and similar other matter usually produced as refuse in the care of lawns, landscaping and yards. Residents shall 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 shall be placed neatly at the curb. Vegetative Waste does not include any form of matter or debris -5- ORD. NO. 33-96 I resulting from tree removal, land clearing, land development, or waste generated by tree surgeons, landscapers or lawn maintenance services. Tree removal by residents is acceptable for curbside pickup if cut to the specifications noted above. Section 51.02 DUMPING ON PROPERTY OWNED BY OTHERS PROHIBITED. or controlledlt shall be unlawful to dispose or discard any garbage, trash, or litter on property ownedby someone else. ,~"~ion 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 administration of the provisions of this chapter shall be the duty of the City Manager 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 all 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, fu'ms, 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. 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 1 O0 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 sufficient proof is presented to the City Manager that the development or homeowners/condominium association is of a sufficient 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/condominium association has, pursuant to any applicable internal bylaws or covenants and restrictions, properly contracted with an independent contractor to -6- ORD. NO. 33-96 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. ,~li~n 51.17 NO PROFIT REOUIREMENT FOR CITY CONTRACTORS OR Any other applicabIe ordinances or law to the contrary notwithstanding, all contractors with or franchisees of the City shall be required to properly and timely fulfill 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 contracfffrancMses. Section 51.18 TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND (A) Roll out Cart Service (I) All residential units of the City shall have curbside pickup, except for the areas listed in sections 03) and (C). The customers in this 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. (2) These roll-out carts shall be furnished by the City (or its' Contractor) and shall become the property of the customer after a period of five years. If a roll-out cart becomes unservi~ble or is missing because of customer neglect, the City (or its contractors) may repair or replace it, but 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. 0) 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. -7- OI:ID. biO. 33-96 way of the street, in containers or bundles less than 50 pounds each and with no dimension over six f~eet each, and then shall be collected on one of the scheduled garbage collection days. (5) The provisions and requirements set forth in this division notwithstanding, for those customers who, by reason of disability and with no other able-bodied person residing in the residence, certified by a doctor and approved by the City, are unable to place the roll-ont cart at the s~z~t, then collection shall be from roll-ont 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 mutes as determined by the City or its' Contractor from the rear, side, or front of and adjacent to the served residences, and locations reasonably accessible to the City or its' Contractor. (2) All vegetative waste 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 on one of the scheduled garbage collection days. (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 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 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 vegetative waste and bulk trash, and removal of that refuse shall be at additional charges as set by the City or its' Contractor. (D) Recycling program. (I) 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. -8- 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 condominiums 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 mateaials will not be collected and an explanatory notice will be placed in the container. (5) In the event that the recycling container, furnished 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. ~;eetlon 51.19 INDUSTRIAL 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, however, this shall not preclude another qualified industrial or hazardous waste disposal company from collecting the industrial or hazardous waste. (I5) Unless collected as specified under part (A), industrial waste shall be collected, removed, and disposed of solely by the operator of the factory, plant, or enterprise creating or C4tllSillg .~me. Sectlou 51.20 BUILDING MATERIALS. (A) Building materials originating prior to, during, or subsequent to the construction of new buildings, 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- youmelf projects) which meet the requirements for trash collection must be bundled, bagged, or -9- ORD. NO. 33-96 I I 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 flora flae Contractor. Section 51.21 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 Section 51.22 VEGETATIVE WASTE (A) 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 possible. 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, whose decision shall be final. (B) 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 liability of the resident for the additional collection services shall be submitted to the City Manager 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 51.23 BULK TRASH (A) 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. (B) At the request of the City or at the request of a resident, the Contractor shall 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 ti -10- ORD. NO. 33-96 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 liability of the resident for the additional collection services shall be submitted to the City Manager for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the Contractor and the resident. (C) 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 items. 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. (D) It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refrigerator, or container with a locking device unless the door has been removed. This prohibition shall not apply to any appliance, refrigerator, 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. CONTAINERS AND RECEPTACLES Section 51.35 CONTAINERS REOUIRED FOR RESIDENTIAL AND COMMERCIAL 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 accessible 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 shall determine the quantity and location of receptacles and determine whether the receptacles and containers are serviceable. -11- ORD. NO. 33-96 Seeli~ 51.36 APPROVAL OF CONTAINERS, Garbage cans, and yard and garden trash containers, shall be of a size, style, and design as have been approved by the City Manager for the accumulation, deposit, and storage, respectively, of all garbage and trash. Sectian 5137 USE OF OTHER UNITS AND CONTAINERS. Customers who, upon the express and sole approval of the City, elect to use roll- i off]stationary 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. 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. ~ection 51.39 MAINTENANCE OF CONTAINERS. It shah be the responsibility of the users of garbage and yard trash containers furnished by the City or the Contractor to clean and maintain those containers in a sanitary condition. ~ PLACEMENT OF CONTAINERS AND TRASH: PRECOLLECTION (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. I trash items. It shall be unlawful to trash items and all Dangerous place dangerous 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 shall include, but shall not be limited to, broken glass, light bulbs, sharp pieces of metal, fluorescent tubes, and television tubes. (C) Hazardous waste. It shall be unlawful to place hazardous waste use in any receptacle used for collection by the City. Some of the items listed in Part (B), if placed in a , -12- ORD. NO. 33-96 i receptacle used for collection by the City in large quantities, may be classified as hazardous waste. (D) Garbage and trash. It shall be tmlawful to place trash which has not been drained ofall liquids in garbage receptacles. Any items of trash which are too large for receptacles and cannot be reduced to a size which can be placed in a garbage receptacle may be placed at curbside 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 garbage 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 othetxvise enclosed in plastic containers for collection. (F) Mechanical containers. (1) Placement of containers emptied by mechanical means shall be determined by the City Manager. The following materials shall not be permitted to be placed in those containers: (a) Tires. Motor vehicle parts, including, but not limited to batteries. (c) Carpet or padding larger than three feet by three feet. (d) Metal pipe in excess of 1/2-inch by three feet. (e) Construction or building materials. (f) Wood in excess of one inch by two inches by three feet. (2) It shall be unlawful 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 aa,signed or who are paying for those mechanical containers. (G) Refuse. It shaI1 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 coveP& 0-I) Vegetative waste. Vegetative waste shall be placed only near the edge of the roadway adjacent to the property from which it was generated. Vegetative waste for collection shall be placed at the required location no earlier than 5:00 p.m. on the day preceding the collection date. -13- ORD. NO. 33-96 (I) Recycling. 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 AND TRASH. (A) All wet garbage matter shall be wrapped in paper or disposable containers before being placed in garbage containers. All garbage, at%r 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. 03) Trash shall be placed in trash containers whenever practicable. All trash shall be so pre. ed 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. It shall be unlawful 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 DEPOSFF OTHER THAN IN APPROVED CONTAINER. No person shall 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 unlawful 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 shall be kept in a reasonably clean and litter-free condition. The number of receptacles, bulk containers, or -14- ORD. NO. 33-96 detachable containers shall be determined by the City Manager. Construction sites shall be kept reasonably clean and orderly at all times. (B) Where concrete or any other substance permanently affixes itself to the road sm'face, causing the surface to be uneven, it shall be immediately removed by persons responsible. The term "Resnonsible Person" used in this section shall 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 of a 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 amber of containers necessary for each area shall be as required to maintain clean, neat, and sanitary premises as directed by the City Manager. Section 51.47 PARKING LOTS. Ail commercial and public parking lots having more than 100 spaces shall have refuse receptacles distributed within the parking area. The City Manager shall have the authority to determine the number of receptacles necessary to provide proper containerization. All receptacles shall be weighted or attached, to the ground as necessary to prevent spillage. It shall 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. It shall be unlawful to place 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. -15- ORD. NO. 33-96 (B) It shall be unlawful for any person to dispose of or discard any hypodermic syringe, hypodermic needle, or any instnmaent or device for making hypodermic injection before first breaking, disassembling, destroying, or otherwise rendering inoperable and incapable of reuse, that hypodermic syringe needle, instrtunent, 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. ~eetion 51.55 OFFENSIVE DEPOSITS: BURYING AND DEPOSITING IN WATERWAYS. No person shall deposit on or bury in, or cause to be deposited on or buffed 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 shall 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, damage, 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, damage, or destroy curbside recycling containers. RATES AND CHARGES Seetio~ 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service: Charges for the below-described collection service shall 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: (A) Residential (Single-Family) Curbside Rollout Carts -16- ORD. NO. 33-96 Monltdv Service Co~ Pgr Unit ~ Collection 2.51 1.40 Yard Trash 1.30 Bulk Trash 0.20 Total Fees -Contractor 5.41 Cart Replacement 0.90 Administrative Fee 0.35 FraxwJfise Fees (5%) O.27 Total Fees 6.93 Reardoor Owner Container+ Montldv Service Cost Per Unit Garbage Collection 7.85 Recycling 1.40 Yard Trash 1.30 Bulk Trash 0.20 Total Fees -Contractor 10.75 Admlnl.ntrative Fee 0.35 Franchise Fee (5°A) 0.54 Total Fees 11.64 Curbside Disposable Bags ~ Garbage~rash Collection 1.55 Recyding 0.85 Total Fees -Contra~or 2.40 Admlni.qtrativ¢ Fee 0.35 Franchise Fee (5%) 0.12 Total Fees 2.87 This reardoor service shall only be provided to residential areas located East of the lntracoastal Waterway and Sherwood Park. ** This curbside disposable bag service shah only be provided to residential areas located at Imperial V'dlas and Country Manor. (B) Residential (Multi-Family) Multiple-family dwelling units containing four units may use roll out carts or mechanical containers. 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 lack of suitable space for a mechanical container or other good reason. Multi-family monthly fees shall contain a container charge and a per unit charge. Multi-Family Rates Cont~iiler Month _ly Maintenance Charge F,,glllllilit, Li~ Monthly Cost Franchise Fee Total Container F~es yd. 19.40 1.94 21.34 yd. 21.44 2.14 23.58 yd. 22.21 2.22 24.43 yd. 25.53 2.55 28.08 yd. 27.09 2.71 29.80 Collection & Hauline Rate Per Unit Monthly Service Monthly Cost Per Unit - Refuse Collection 1.3 5 Recycling 0.80 Total Per Unit Fees-Contractor 2.15 Administrative Fee 0.35 Franchise Fee (10%) 0.22 Total Monthly Fees Per Unit 2.72 f -18- ORD. NO. 33-96 (C) Commercial (1) Commercial customers shall 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, lodges, motels, laundries, hotels, public buildings, food service, and lodging establishments. Commercial custom~ may use any of the following containers for accumulation of refuse: (a) Commercial refuse containers. The City shall require any commercial cnstomer needing more than six refuse containers to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establishments and other commercial customers shall ~ccumulate 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 _(Monthly) 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 i 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 t -19- ORD. NO. 33-96 3yd Collection $13.13 $26.26 $39.39 $52.52 $65.65 $78.78 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 FnmchiseFees- 10% $ 5.46 $ 8.77 $12.09 $15.40 $18.72 $22.03 Total Fe~ $ 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 Total - Comxactor 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 'TotaIFees $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 t! Total - Con,actor $ 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 ~ TotalFees $101.01 $173.94 $246.87 $319.80 $392.73 $465.66 i Collection $35.02 $ 70.02 $105.04 $140.06 $175.06 $210.08 ,l 8yd Disposal $ 53.39 $106.77 $160.16 $213.55 $266.93 $320.32 i Container Maintenance fee $ 27.09 $ 27.09 $ 27.09 $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 $29.23 $38.07 $46.91 $ 55.75 Total Fees $127.05 $224.27 $321.59 $418.77 $515.99 $613.24 95-Gallon Cart Service Pick-ups per week Monthly Charge * Franchise Fee Total Fee fMonth) 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 $ $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 S23.00 per ton ($1.54 per cubic yard), which is the anticipated ~olid 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. -20- ORD. NO. 33-96 ~ON 51.71 PAYMENT AND BILLING; (A) l?.,glllggJlllfll~: The City shall pay the Contractor compensation for the ~ce of the Contract, the sums due as set forth in Section 51.70, subject to any conditions or ~leduaiom as provided under the Contract. Contractor shall submit an invoice by the 10th of eaelt month for residential services rendered during the preceding month, and payments will be ma~ie ~o the Contractor within 30 days upon receipt and verification of the invoice submitted. 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 sunmmrized as follows: ,~erviee 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 RentaI/Purchase and Container Special Services Residential City Commercial and Multi-Family Contractor On tl~ first day of each month the Contract payment(s) for all services hereunder shall be adjus~l to correspond with the occupancy of existing or new buildings, and the demolition of old Imildings. The adjustment made on the first day of each month shall be for buildings either ~ 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 unit 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 shall be demolition permits issued by th~ Building Department. -21- ORD. NO. 33-96 (C) l~ll.olllLC.,lh~l: 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 Waste 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 shall not be responsible for disposal shoi~all 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 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. If the 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 adminisU'ative fee as determined by the City added. The Contractor shall remit all franchise and administrative fees to the City on a monthly basis. The City shall not be responsible for any multi-family disposal shortfall costs. Section 51.72 METHOD OF BILLING 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 -22- ORD. NO. 33-96 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 jn'ovisions set forth in this chapter. ~cction 51.73 DELINOUENT 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. Section 51.74 CHARGE WHEN PROPERTY UNIMPROVED. If water is being furnished the premises of any owner and there is no service furnished under this chapter because of no improvements or buildings on the premises, 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 from the payment of collection service charges. Section 51.75 PERSON BILLED FOR WATER SHALL BE RESPONSIBLE FOR 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 responsibility 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. Ii -23- ORD. NO. 33-96 l~ion 51.76 COLLECTION CHARGE FOR RETURNED CHECKS, 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 cheek policy established in Chapter 39 of this Code of Ordinances, and this charge shall be added to the utility bill. Se~ion 51.77 UNBILLED PROPERTIES; REMEDIAL MEASURES. (A) The contractor is entitled to payment for services rendered to properties for each dwelling unit within the City. If 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, I retroactive to the date services started or the beginning of the fiscal year, whichever date is later. · Therea~r, 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 Delray Beach, Florida. VIOLATION AND PENALTY Section 51.98 VIOLATION. It shall be unlawful for any person to neglect, fail, or refuse to comply with and abide by any of the provisions of this chapter. Cross-reference: Enforcement by Code Enforcement Board as supplemental method of enforcement, see Chapter 37 Section 51.99 PENALTY. Any violation of this Chapter shall be govemed by Section 10.99 "General Penalty". ~. 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. 11 -24- ORD. NO. 33-g6 Secfon 3. That all ordinances or parts of ordinances in conflict herewith by and the same are hereby repealed. ~. That this ordinance shall become effective October 1, 1996. PASSED AND ADOPTED in regul~ session on second and final reading on this the 17th dayof September ,1996. ATTF~T: City Clerk" - Fin~ Reading September 3, 19 9 6 Secol~d Reading September 17, 19 9 6 [ -25- ORD. NO. 33-96 MEMORANDUM TO: MAYC~ AND CITY OC~MISSIONERS FRC~: CITY ~ SUBJECT: AGENDA ITEM # /0 ~ - REGULAR MEETING OF SEPTEMBER 17, 1996 ~ READING AND PUBLIC HEARING FOR ORDINANCE NO. 31-96 (CHAPTER 52, "~ATER" ) DATE: SEPTEMBER 12, 1996 This is second reading and public hearing for Ordinance No. 31-96 which provides for a two percent (2%) increase in the water rates for Fiscal Year 1996/97. It also amends language in the code to remove the 12-month restriction for temporary service, eliminates reduDaant wording between two sections of the code concerning late payment, and provides language to clarify the amount to be paid before discontinued service will be restored. At first reading on September 3, 1996, the Commission passed the ordinance by a 4 to 0 vote. Recc~mend approval of Ordinance No. 31-96 on second and final reading. ref: agmemo 15 ORDINANCE 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 1. 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~..oot' ...._._.~'~- '._n .... ...v.._.o/,~'-x -.-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 Deparlxnent, 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 fer !::: Xhan a 12 men~ per!ed, 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 ~.~er 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: T_vpe of Customer Inside Ci_ty Outside Ci_ty Residential Customer charge (per $ !.55 $ 1.58 $ -hgg $ 1.97 meter) Capacity charge (charged to 7.~2 7.77 9.52 9.72 all customers, per residential dwelling unit) Coramodity charge (all metered consumption-per 1,000 gallons) Zero to 3,000 gallons ! .05 1.07 ! .2 ! 1.34 4,000 to 20,000 gallons I. 1 ~ 1.18 !.a. 5 1.48 21,000 to 35,000 gallons !.2~ 1.29 L5~ 1.61 36,000 to 50,000 gallons !.27 1.40 1.71 1.74 Above 50,000 gallons ! .5 $ 1.61 -h9-7 2.01 Nonresidential and Irrigation Customer charge (per $ !.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 12.72 12.98 15.91 16.23 1-1/2-inch meter 25.28 25.89 21.72 32.36 2-inch meter ~.0.~2 41.44 50.?2 51.80 3-inch meter ~.95 90.73 111.!9 113.41 2 ORD. NO. 31-96 4-inch meter 150.07 163.27 200.9~ 204.0:~ 6-inch meter 255.72 362.84 ~.~..~5 453.55 Commodity ch~ge (all I. !~ 1.18 1 ~5 1.48 metered commption-per 1,000 gallons) NO~: ~enever bo~ residential ~d no~esidential me~ meter, ~e capaci~ ch~ge is to be computed at ~e no~esidential ~tes. Section 3. ~m Chapt~ 52, "Water', Section 52.39, "~er Fees", Subsection ~), "Late Pa~, is hereby ~ended to read ~ follows: ~) Late Pa~ent. ~ ~e event water use ch~ges become del~quent ~or water se~ices ~e discont~ued by ~e ciW, a five doll~ ($5.00) late pa~ent penal~ will be ch~ged to ~e account. :a~d :ev,'~ze: :ha!! net be De~cy', ~ hereby ~ended to read ~ follows: (A) In ~e event ciW utiliW se~ice ch~ges become del~quent ~or said se~ices ~e discont~ued by ~e ciW as here~ provided, said se~ices shall not be restored ~til ail ~e!L~q=ea~ e~=ge: ~e entre ~ount due plus ~e five doll~ ($5.00) penal~ for late pa~ent ~d a ~enW doll~ ($20.00) reco~ection ch~ge ~e paid ~ ~11. If the present gu~tee-of-pa~ent deposit is less th~ ~e cu~ent schedule ~ set fo~ ~ Sec. 52.33, ~ additional ~tee-of-deposit shall be requ~ed so ~at ~e actual deposit held by ~e ciW shall be equal to ~e cu~ent gu~tee-of-pa~ent schedule. However, ~e ciW shall not re,se to accept ~ application for water se~ice or to open a sep~ate wmer se~ice accost because of ~ ou~d~g del~quent bill on ~e subject prope~ which wm not ~c~ed by ~e applic~t. ~) If, after one ~11 ye~ from ~qu~ed to res~e se~ice after disco~ection for a del~quency, ~ere hm been } no addRional nonpa~ent disco~ection, ~e customer may request reduction of : deposit to ~e cu~ent deposit rate m set fo~ ~ ~e schedule ~ Sec. 52.33. Section 5. ~at should ~y section or provision of ~is ord~ce or ~y potion ~ereof, ~y p~ sentence, or word be decl~ed by a co~ of competent jurisdiction to be ~valid, such decision shall not ~ ~e v~idiW of ~e rema~der hereof ~ a whole or p~ ~ereof o~er ~ ~e p~ decided to be ~valid. Se~ion 6. ~at ~1 ord~ces or p~ of ord~ces ~ conflict herewi~ be, ~d ~e s~e ~e her~y ~aled. Section 7. ~at ~is ord~ce shall become effective ~ediately upon p~sage on second ~d fm~ ~g. 3 O~. NO. 31-96 PASSED AND ADOPTED in regular session on second and final reading on this the ! 7 th dayof September ,1996. Cit~ ~l~rk/ -- ' Fi~tR~ding Septem~,er 3, 1996 SecondRcading September 17, 1996 4 ORD. NO. 31-96 MEMORANDUM TO: MAYOR AND CITY CC~MISSIf~ERS FRC~: CITY MANAGER ~'~ S~: AGENDA ITEM # lO ~ - MEETING OF SEPTEMBER 17, 1996 ~ READING & PUBLIC MEARING FOR ORDINANCE NO. 32-96 DATE: SEPTEMBER 12, 1996 This is second reading and public hearing for Ordinance No. 32-96 which provides for a two percent (2%) increase in the sewer rates for Fiscal Year 1996/97. It also provides language to clarify under what conditions customers are required to pay for sewer service. At first reading on September 3, 1996, the Commission passed the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 32-96 on second and final reading. re f: agmemo ! 7 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/COlVlMERCIAL 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 1. 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 (~i _ty Outside City_ (a) Customer charge $ '..55 $ 1.58 $ '..93 $ 1.97 (b) Capacity charge (per 9~ 9.46 !!,5~ 11.81 residential dwelling unit) (c) Commodity charge !. 13 1.15 ! .~,2 1.45 (based on metered water with maximum of 12,000 gallons):City (per 1,000 gallons) South Cen~al Regional .-74 .77 .a~ .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: $ !.55 $ 1.58 $ ~ $ 1.97 Co) Capacity charge (per meter): 3/4-inch meter 9.2? 9.46 ! !.5°~ 11.81 1-inch meter !57.~° 15.79 !9.25 19.74 I-1/2 inch meter ?~.o..~ 31.48 2°~.5~° 39.35 2-inch meter ~97.0 50.39 5!.?~ 62.97 3-inch meter !05.!5 110.31 !35.!9 137.89 4-inch meter !?..5 ! 198.50 2~.2.27 248.14 6-inch meter ~22.51 441.16 ?.0.52 551.44 (c) Commodity charge: City (per 1,000 gallons) !. ! 2 1.15 ! .~2 1.45 South Central Regional .-7-5 .77 .-gg .94 Wastewater Treatment and Disposal Board (per 1,000 gallons) ORD. NO. 32-96 NOTE (1): 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 capacity_ 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. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ection 4. That this ordinance shall become effective immediately upon passage on second and fmal reading. PASSED AND ADOPTED in regular session on second and f'mal reading on this the 1 '7 th day of September ,1996. City Ci~rk/ First Reading September 3, 1996 Secon4R~ding September 17, 1996 t 3 ORD. NO. 32-96 MEMORANDUM TO: MAYOR AND CITY (X~9~SSI~ S~: AGENDA ITEM - ~ MEETING OF ~ER 17t 1996 S~X~D READING & PUBLIC ~ARING F~R ORDINANCE NO. 35-96 (ANNEXATION~ INITIAL Zf~/NG AND SMALL SCAr.~ FU'iXJRE IA.ND USE MAP ~/Ca~SX~LO m~ m~S DATE: SEPTEMBER 13, 1996 This is second reading and a quasi-j~{cial public hearing for Ordinance No. 35-96 which annexes a 3.76 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 ordinance establishes initial zoning of P4~-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 recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance StaDaa~ds) of the Land Develolanent Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). At first reading on September 3rd, the Cc~mission passed the ordinance by a 4 to 0 vote. Recommend approval of Ordinance No. 35-96 on second and final reading, based upon the findings and recc~men_dation by the Planning and Zoning Board. ref: agmemo9 (~D~ 1~). 35-96 AN ORDINANCE OF THE CITY (X~9~ISSI~ OF THE CITY OF D~AY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCA~ (~ THE WEST SIDE OF MILI~%'~Y TRAIL, APPRC~IMATELY 1,400 FEET SOUTH OF ATiANTIC AVENUE, AS MORE PARTI~Y DESCRIBED HEREIN, WHICH LAND IS (X1%~/~S TO EXISTING MUNICIPAL LIMITS; REDEFININ~ THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PBOVIDING FOR THE RIGHTS AND OBLIGATIC~S OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATI0~ FOR SAID LAND TO T~E FUTURE LAND USE MAP AS C~NI~INED IN THE ~%RING ADOPTI(I~ PR~ESS FOR SMALL SCALE LAND USE PLAN AW~~S; PROVIDING FOR THE Z(I~ING THER~ TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 UNITS/ACRE); PROVIDING A GENERAL REPE~T.~ CLAUSE, A SAVING CLAUSE, AND AN WHEREAS, Louis J. Carusillo and Harold R. Evans are the fee-simple owners of a 3.76 acre vacant parcel of land located on the west side of Militazy ~kail, approx/mately 1,400 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 petit/c~ to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands /n 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 ~and Use Map dasi~ation 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 R~si4ential 5-12 units/acre; and WHEREAS, the City's Future Land 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 ~EAS, the City's FLL~ designations as initially contained on the City's Future Land Use Ma9 adopted in November, 1989, and as subsequently amencled, are deem~ to be advisory c~ly until an official Land Use ~ar~]ment is processed; and ~, the designation of a zoning classification is par~ of this proceec~, ar~ provisions of r~d Development Regulations Chapter Two have ~een followed in est_~blishing 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 August 19, 1996, and voted unanimously to rec~end that the request be approwd. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CC~ISSI~t~ OF THE CITY Section I. ~hat the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described lam~ located in Palm Beach County, Florida, which lies contiguous ~e East Half (E 1/2) of the Northeast ~3~ter (NE 1/4) of the Northeast O3_~cer (NE 1/4) of the Northeast O,~ter (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 less the 66 foot area claimed by Lake Worth Drainage District ~ Court Decision BY 1915 (Chancery Case No. 407). The subject property is located on the west side of Mili~_~y Trail, appro~tely 1,400 feet south of Atlantic Avenue; containing 3.76 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 ~ 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 beccme subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as rec~_,~ved by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of th~ City of Delray Beach, Florida. - 2 - Ord. No. 35-96 Section 4. That this annexation of the subject property, incl,~ adjacent roads, alleys, or the like, if any, shall not be deemed aoo~ by tb~ City of any ~ntenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pu~t to current r~)q~Li~nts ~ cor~lit/o~s. Section 5. That the Future Lana Use Map aesignation of the subject ~ is hereby officially affixed as Medium Density Residential 5-12 uaits/acre. Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Flor/zla Statutes Section 163.3187(1) (c) (4). Section 7. ~at Chapter Tw~ of the Land Development Regulations has ~sen followed /n the establishment of a zoning classification in this ~=xlimmce and the tract of land hereinabove described is hereby declared to be in Zoning District BM-8 (Medium Density Residential - 8 units/acre) as defiue~ by existing ordinances of the-City of Delray Beach. Section 8. That all ordinances or parts of ord/nances in conflict herem~th be, and the same are hereby repealed. Sect/on 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final read/~; 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 lsmJ use plan amendment and zoning shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, fin~_~ng the amendment in oc~pliance with Section 163.3184, F.S. No develolmnent orders, development permits, or land uses dependent on this amendment may be issued or commence before it has bec~e effective. If a fim~l order of noncompliance is issued by the A~lm/nistration C~m~-.ission, this amendment may nevertheless be made effect/ye by adopt/on of a resolution aff/rm/ng its effective status, a copy of which resolution shall be sent to the Department of O~munity Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading o~ th~s the 17th day of September , 1996. - - City-Ci~rk ~ ' First ~e_aS~ng Septe~.~er 3~ 1996 Sec~ R~ad/ng .S. eptember 17, 19 9 6 - 4 - Ord. No. 35-96 I I I EXECU liVE INDOOR DELRA Y CHURCH SOUARE F'L£A MARK£T ' GREAT WEsTE~~ I u~,o~ I WCST A T L A N T I C II A V E N U E I -- __;..m:: ..... : ........ .---,;---;----;;- -..--. ,--..~_.--__--..-- m J ' y&--~--~ .... --~,~'-- ') ) ~eANK 8,t~K [~¢-J DELRA Y BAg Y wES T I SUPERS TORE PLAZA SCO TTYS ~ PLAZA .< RO~ IASHINGTON ROAO T H E: lilII{i]ILIIII/III'IIIt--I LAKE: BOULEVARD T N I ANNEXATION CARUSILLO & EVANSPROPERTY I~u ~If~NC O~PAR TM~:N T C~'Y OI~ O[LRAY BEACH. ~'L CIIY LIMITS -- O~.lt,41. ~ M,4,0 SY'~I£M -- la, AP R£F' LM0g2 TO: DAVID T. HARDEN, CITY MANAGER _u; FROM: -J/Ei~/EY A. COSTELLO ~SE~IDR PlaNNER SUBJECT: MEETING OF SEPTEMBER 3, 1996 ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY HR-8 (HIGH DENSITY RESIDENTIAL - 8 DUIAC) 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 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. li~ ~'.-'~i~:~:i:~:i-'.-':?:.-':.-':: ~ ::::::::::::::::::::::: ::::::::::::::::::::: :i: i:i: i:?:: :~: :i: i:i: i: i::~:: ::i: i: i: !: !::~::: i: i: ?: i: !: !: ~::: i: ?: i: i::: ~~ R~'..~..'.~.~..'::: :i:~:~ ........ ~ .......... ? ................................................................... I 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: O P & Z Staff Report and Documentation of August 19, 1996 13 Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELR Y 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. nsjty Residential 5-12 units/acre, and Annexation with Initial Zoning of *RM-8 (Medium Density Residential - 8 units/acre) for the Carusillo and Evans property, Located on the West Side of Military Trail, Approximately 1,400 Feet South of Atlantic Avenue. laA~~'^c~ I O~LRAY ~ I CHURCH I IIII GENERAL DATA: I~ AT~^.T~C, ~?~--!111 Owner/Applicant ......................... L°u'$ Ca'sill° & Harold Evans ~ I ~.~ Agent .......................................... Michael Covelli Caulfield & Wheeler, Inc. BABY Location ..................................... West side of Military Trail, suPeRs approximately 1400 ff. south of ~ PLAZA Atlantic Avenue. I Property Size .............................. 4.18 Acres I Existing County Future Land Use Map Designation ................ HR-8 (High Density Residential - 8 I units/acre) Proposed City Future Land Use Map Designation ......................... Medium Density Residential 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 Carussillo 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 Residential - 8 dulac). The current City "advisory" designation for this property is Transitional. Req_uested Land Use .Designation; The requested Future Land Use Map change is to City Medium Density Residential 5-12 dulac. Florida Statutes ~63.3~87 -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: [3 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; E} The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, El 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 dulac (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. Ad_iacent Land Use Map 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 and Wesh 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 Compatibility_: As described in the Future Land Use Element of the Comprehensive Plan, the proposed Medium Density Residential 5-12 du/ac land use designation is applied to land which is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Homeownership is characteristic of this designation. VVhere 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 1996197). Under the County designation of 8 units per acre, the resulting development would be Iow density multi-family development. Florida Statutes Governing Volunta~ 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) 'qand shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". E] 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 I. and Use Map Amendment Page 5 Land Development Regulations Governin_= 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 Annexation 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 County's Fire Department (Fire Station #.42/Hagen Ranch Road near the Turnpike) to approximately 2.5 minutes for the City's Fire Department (Fire Station ~4 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 Camssillo 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 futu[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. With 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 '%vorst case" scenario, as the intended proposed development is an 8- unit per acre multiple family development which would allow 33 units or 231 vehicle trips. 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 Page 7 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 Upon 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 Millage With 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 94~95 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 Page9 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 du/ac 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 are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of existing vacant land. There will be no changes in the manner that water, sewer, drainage, streets/traffic and solid 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.$(D)($) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were found. Housing Element Policy C-2.4: Development of remaining vacant properties which are zoned for residential purposes shall be developed in a manner which is consistent with adjacent development regardless of zoning designations. These policies shall be implemented through the review process associated with plating 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. W'~h 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-'I: 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 environmental 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 spec'rfic development proposal with the adjacent dev. el.o. pments will be appropriately addressed with the review of a site and development plan request. Section 2.4.5(D)(5) (Rezonin_~ Findings); Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.t.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 ap_~ropriate 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 "d' 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 Drainaoe 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 Coun~ 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: Q Country Club Acres C3 Greensward Village Condominium Association (within The Hamlet development) Q Hamlet Residents Association C3 PROD (Progressive Residents of Delray) C3 United Property Owners 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 Ama. The requested Medium Density Residential 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, Fire, 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. -,.-",- ~: ..........................................................................................................................................~i ~:'<~:~'-. ~ ' .... ~:'i~:= A. Continue with direction. B. Recommend approval of the Annexation, Small-Scale Future Land Use Map amendment from County HR-8 to City Medium Density Residential 5- 12 du/ac and initial zoning designation of RM-8 (Medium Density Residential- 8 du/ac). 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. '~::~.:~.~' '~-'::::i:~:.~:.:...::~:::..'~::,~',.:::,?~.<:.'.<.'...-~.'..::..:~ ':::.. ~:: ':::::' .:::..::.;...'~:::: '::: .:::' ':::: ::::' :::. :::. ~'..: ~ '~.~' .~' .~.: ~' ~.'.: ~. ~ -,.:~::.>.~..7~.~[~..<.,..'.-.<..:::,~:~:: .[~ ~ · Recommend approval of this Annexation, Small-Scale Future Land Use Map amendment from County HR-8 to City Medium Density Residential 5-12 dulac 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: 13 Location Map 13 Survey This Report prepared by: Jeff Costello. Senior Planner MEMORANDUM TO: MAYOR ASD CITY C(~MISSI~ S~: AGRNDA 1"It~ # !0 ~ - REG~ ~NG OF S~ 17, 1996 S~ ~I~ & ~IC ~~ ~ ~I~ ~. 36-96 ~~ ~~ P~ ~ 96-1B ~ 12, 1996 This is second reading and a quasi-judicial public hearing 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 ~s transmitted to the Department of Community Affairs (DCA) in June as part of the entire C~nprehensive Plan Amendment 96-1. We asked DCA to perform a complete review and produce an Objections, Re~2:.~,.~r~ation and Comments (ORC) report for only that portion of the ~nt related to the North Federal Highway corridor redevelopment 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 unan/mously to recommend that Comprehensive Plan Amendment 96-1B be adopted. At first'reading on September 3rd, the Cc~mission passed the ordinance by a 4 to 0 vote. Re~ approval of Ordinance No. 36-96 on second and final reading. ref: agmemo6 TO: DAVID T. HARDEN, CITY MANAGER FROM: DIANE' DOMINGUEZ, R DEPARTMENT OF PLA~I'NCl'-N'GT.~ND 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 Harddves. 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 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 Ama. 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\comp\961BCC2 C~D~ ~l~). 36-96 AN (~DINANCE (F THE CITY (X~9~ISSI~ OF ~ CI~ OF ~ 96-1B ~~ ~ ~ P~SI~ OF ~ "~ ~~~ P~~ ~ ~ D~P~ ~~ ~", ~~ ~~ S~~ 163.3161 ~ 163.3243, ~US~; ~r.r. ~ ~ p~~y ~B~ IN ~IBIT "A" ~~ "~~~ P~ ~ 96-1B" P~DI~ A ~ ~USE, A ~ ~r.mR ~USE, ~, ~ Ci~ of ~ay ~ch ~ercis~ ~e au~ority ~ted ~~t to ~ ~visi~ of Flori~ S~tes ~ctions 163.3161 ~ough 163.3243, ~ as ~ "~ ~ve~nt ~eh~sive Pl~ng ~, via ~ce ~. 82-89, ~e Ci~ ~ssion ~opt~ ~e ~t ~~ "~~i~ Pi~ - ~lray ~ch, Flori~"; ~, ~e PlUg ~ Zo~ng ~, as ~ PlUg ~ency, ~d ~~ ~ ~t ~ ~e ~~sive Pi~ ~ti~ "~ehensive Pi~ ~t 96-1B"; ~ ~, ~e PlUg ~ Zo~g ~, as ~ Pl~ng Agency, foll~g due ~lic ~ce, held a ~lic h~g on J~e 10, 1996, in acc~ce ~ ~e ~ts of ~e "~ ~v~ent ~ehensive PlUg ~ ~ ~velo~ent ~a~on Act"; ~ ~g ~, as ~ Pl~ng Agency, ~co~~ to ~e City ~s~ ~t ~ ~s~ ~~sive ~, foll~ due ~lic ~ce, ~e f~st of ~ ~red ~ic ~~s ~ ~i~ Pi~ ~~t 96-1B ~s ~ld ~ ~e City ~ssi~ ~ J~e 18, ~996, at ~ch ~e it ~~ ~ ~ ~~t of ~]m~-~ty ~f~s for ~, a ~,m~ (~) ~s ~ ~v~ ~ ~e S~te ~-U,,ent of ~~ty ~fairs; ~EAS, following due public not/ce, the second of two required publ/c ~ear/ngs c~ Cc~ensive Plan Amendment 96-1B was held on September 17, 1~, in accomS,noe with statutory re~ements. ~, ~, BE IT ORDAINED BY THE CITY (I~9~ISSI~ OF THE CITY Section 1. ~at th~ City Commission of the City of Delray Beach, Flor~_~a, hereby declares its intent to exercise the authority granted pursuant to the provisio~s of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and ?and Develc~mmnt Regulation Actu. Section 2. ~t /n implementation of its declared intent as set forth in Section ! of this ordinance, there is hereby adopted the document entitled "Cx~prehensive Plan Amendment 96-1B", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. ~hat the document entitled "Comprehensive Plan - Delray Broach, Florida" is hereby amended pursuant to the document entitled Section 4. ~hat should any section or provision of this ordinance or any port/on thereof, any ~_ragraph, 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. ~at all ordinances or parts of ordinances which are in co,fl/ct herewith are hereby repealed. Section 6. ~hat this ord/nance shall become effective upon the date a f/hal order is issued by the Department of Ccmmun/ty Affairs finding the amen~m-nt to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a f/nal order is issued by the Adminis~ation Cxmm~ssion finding the ~t to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOFfED in regular session on second and final reading ~ this the 17th day of September First Beading September 3, 19 9 6 Secon~ Reading .. Se. ptember 17, 19 9 6 - 2 - Ord. NO. 36-96 EXHIBIT "A" TO ORDINANCE NO. 36-96 CITY OF DELRAYBEACH FUTURE LAND USE ELEMENT 2) Location: Pg. 111-O-30, Poliqt C-2.7 Change: REVISION ~_.O. li.0.1~v_:~ The follo~ng p~rtains to the redevelopment of the Silver Terrace Area: This ama 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 Terrace Redevelopment Plan was adopted by the City. Commission on March 5. 1996. The plan establishes Future Land Use Designations. zonings, and special development standards for the redevelopment ama. Future development in the area must be in accordance with the provisions of the redevelopment plan. · ' cf 10 ' ' ..................'-' -- -"-' -' - - -- - u ........ .-..,"1,O Page 1 of 5 AMENDMENTS TO THE FUTURE LAND USE MAP 2. An ~mendment on 20 acres from FLUM designation Redevelopment Area/N 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. [Harddves Property] 4. An amendment on 9.0 acres from FLUM designation Industrial (County) to FLUM designation Transitional (City) pursuant to an annexation agreement. [Eimore POC] S:iadvT(x)mpt96-1e Exhibit "A" to Ordinance No. 36-96 Page 2 of 5 Exhibit "A" to u~dinanc~ No. 36-96 Page 3 of 5 LINTON ~ BOULEVARD / OmCE ' ~ * COU~ ZONING CHO ,, ~ CANAL ~BAL t S~AL PINES PINES ~UTH ~ PARCEL -A LEG[ND 'I'RN - TRANSITIONAL [ISt. A~ll~C OEPARfM£Nt FROM COUNTY -I- (INDUSTRIAL) C -CONSERVATION AR~A LOR - LOW DENSITY RESIDENTIAL 1:3TY ~ 0/:LRAY I~ACH, FL TO: ClFY -I- (INDUSIRIAL) COM - COMMERCE MDR - MEDIUM DENSITY RESIDENTIAL CC - GENERAL COMMERCIAL I - INOUSTRIA. L -- ~I~. ~t.~E ~ $~rEM -- MAP REit: LM028 Exhibit. "A." t.o Ordinance No. 36-96 Page 4 of 5 GC LINTON 8OUL£VARD CANAL ARBORS OFFICE PARK ARBORS OFFICE PARK ARBORS OFFICE PARK OFFICE DEPOT DEPOT * COUNTY ZONING CANAL SABAL SABAL PINES PINES COM ~ PARCEL -8 L[GEN0 TRN - TRANSITIONAL. FROM COUNTY -I- (INDUSTRIAL) C - CONSERVATION AREA LDR LOW OENSITY RESIDENTIAL I~k~I¢l~; O[PAR'i'MENT TO: CITY -T- (TRANSITIONAL) COM -COMM[RC[ MDR MEDIUM OENSITY RESIDENTIAL DrY OF I~-t.R&¥ lB[ACH. FL CC - C~:NERAL COMM~:RCtAL I - INDUSTRIAL -- O/G/I',¢I. ~ 444P SYStEm -- ~ R£F: LM028 Exh:i.b'i1: "A" t:o Ord±nance No. 36-96 :Page 5 of 5 MEMORANDUM TO: MAYOR AND CITY COMMISSI~ FR~: CITY MANA~ ~ S~: AGENDA ITEM # /D~ - MEETING OF SEPTEMBER 17, 1996 REZC~INGS DATE: SEPTEMBER 12, 1996 This is before the Commission to conduct a quasi-judicial public hearing and consider approval on second reading of the zoning changes associated with the implementation of the Silver Terrace Redevelolm~ent Plan. Ordinance 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, and voted 6 to 0 to recommend that the zoning changes be approved. At first reading of the ordinances on September 3rd, the Commission voted 4 to 0 that they be approved. Recc~mend approval of Ordinance No. 39-96 and Ordinance No. 40-96 on second and final reading, based upon positive findings and recommendations of the Planning and Zoning Board, and consistency with the adopted Silver Terrace Redevelopment Plan. ref: agmemo 18 0[~:)~ NO. 39-96 DELRAY BEACH, FI/HtIDA, REZONING AND P~I~ P~Y ~ ~ (~I~ D~I~ ~ID~) ~ (~ID~ ~I~) ~ ~ ~ (~~ ~~ES DI~); ~D ~ ~I~ ~~ IN ~ SIL~ ~ ~~SI~, ~ ~ P~~Y D~B~ ~IN; ~~ ~ US~ ~ ~R ~ S~ P~P~ ~SIFI~; ~ ~I~ "~ ~ ~ D~Y ~, ~~, 1994"; P~DI~ A ~ ~, ~s~t ~ ~R ~c~on 2.4.5(D), ~e Pi~ ~ ~ng ~ ~~ ~e ~ject ~ at ~lic he~g on J~e 10, 1996, ~ 6 ~ 0 ~ ~c~ ~ ~ ~est ~ a~v~; ~ ~, ~s~t ~ Flori~ S~tute 163.3174(4)(c), ~e Pl~ng ~ ~ ~, sit~g as ~ ~al PlUg ~cy, ~s det~~ ~e ~ is c~ist~t ~ ~ f~s ~e ~jec~ves ~ ~licies of ~ ~~ive Pi~. ~, ~~, ~ IT~~ BY ~ CI~ ~SSI~ OF ~ CI~ OF ~Y ~, ~~, ~ ~: ~c~ I. ~t ~e foll~g descri~ ~~y ~ ~e City of ~y ~ch, Flori~, is h~ zon~ ~ es~lish~ ~ ~e ~ (~cial Ac~es Dis~ict) as def~ ~ ~c~on 4.4.25 of ~e r~ ~velo~t ~~ of ~e City of ~y ~ach, ~ 1 ~ 17, ~cl~i~, Bl~k 2; ~ts 1 ~ 15, ~clusive, Bl~k 3; ~ts 1 ~ 10, ~cl~ive, Bl~k 4; ~ts 1 ~ 10, ~clusi~, Bl~k 5; ~ts 7 ~ 25, ~cl~ive, Bl~k 6; ~e~er ~ ~e ~cel of 1~1~ "P~k" at Wil~ Av~ue ~ P~k Av~ue; ~jacent ri~ts-of-~y, ~1 ly~g ~ ~e SIL~R ~ S~SI~, acc~g ~ ~e Plat ~er~f as ~~ ~ Plat ~ 11, Page 61, ~lic ~co~s of ~ ~ch ~, Fl~i~. ~e s~ject ~~ is l~at~ at ~e sou~st co, er of Old Di~e ~y ~ S.E. 10~ S~eet; c~~g 14.74 ac~s, ~re or less. ~ection 2. ~hat the uses allowed for the subject properties des~ in Section 1, above, pursuant to Section 4.4.25 of the Land Develoi~ent Begulations 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 all(~l 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 ~escribed below. (a) All uses listed as Principal, Conditional, or Accessory uses within the NC (Neighborhood Commercial) zoning ~istrict regulations, but excl,,~ ng 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 (2) For Lots 8 and 9, Block 4, the following use is permitted in _-~8~_tion to the uses listed under Subsection (1) above: (a) Full service aut~obile 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 ~tion to tb~ uses listed under Subsection (!) above: (a) Expansion of the existing aut~obile repair facility located on Lots 8 and 9, Block 4, subject to the 1/mitations 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 ND (Residential Office) zoo/rig district regulations. (b) Conditional Uses as listed in the ND (Residential Office) zoning district regulations. (c) Accessory Uses as listed in the ND (Residential Office) zoning district regulations. - 2 - Ord. No. 39-96 ! (5) For Lots 1-17, Block 2, Lots 1-15, Block 3, Lots 1-7, Block 5, ~ Lots 7-23, Block 6: (a) Pe, mitted Uses: (i) Mult/ple Family Residential Structures with three (3) or more units (ii) Single Family Detached Dwellings (b) Cor~/tional 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 D~ access exists from (7) All uses listed as Conditional Uses in the zoning district regulations referred to herein must be approved pursuant to Land DeveloI~nent Regulations Section 2.4.5(E), "Establishment of Conditional Use". Section 3. In acld/tion to the requirements of LDR Section 4.4.25 (Special Activities District), the develotanent of, and improvements to, the subject properties described in Section 1, above, shall be in accordance with the followir~ Special Regulations: (1) Except for single family homes, the est_~blishment of any new use or the modificaticm of an existing use is subject to the site plan approval p~cess. (2) Builfling sethacks for in~viflual nonresiflential develoI~en~s within the SAD district shall be as follows: l~ont: 15 feet Interior siae: 10 feet Street side: 15 feet Rear: 10 feet - 3 - Ord. No. 39-96 The r~ar setback is to be a landscaped buffer which shall contain a hedge a m/nimum of 4-1/2 feet e_a! 1 at the time of planting and a shade tree for every 25 feet, or fraction thereof, of the rear property line. (3) Nc~residential structures shall take access from Dixie Hig~3way or S.E. 10th Street. Where it is impossible or inappropriate to provide access from those streets, the Site Plan Review and Appearance Board maM approve an alternative access. (4) WithLn eighteen (18) months of adoption of the ordinance est_~hlishing the SAD zoning on the subject property, the existing Full Service Autcm~ile Repair use located on Lots 8-9, Block 4, shall apply for site and development plan approval and install all improvements required to hri~ the site into compliance with all LDR requirements. If the required /mprovements are D~t installed, the use will revert to its current non-con~ormin~ status. (§] Residential develolm~ent shall be pursuant to the density Iimi~atio~s and development s~r~ds of the RM (Medium Density Residential) zoning dis~ict0 except as molified below: (a) Residential structures shall take access from the local s~reets in the subdivision. No new d~iveway connections to Dixie Highway are permitted. (h) Multiple family residential s~ructures sh~ll he in the form of townhouses on platted fee-simple lots or a residential condominium. (c) Multiple family developments shall have a minimum develolmnent area of one (1) acre. (d) Tm~dem parking may he counted ~ minimum parking requix~ents for townhouse units with garages. (e) Rear setbacks, and setbacks alon~ the perimeter of the ~AD0 shall he lB feet. Section 4. ~e Planning Di~ec~o~ of said City shall~ upon the e~ective date of this o~iinance, emend the ~onin~ Map of the City of Delray ~each, Florida, to con~o~ to the provisions of Section 1 hereof. Sectic~ §. ~mt all o~dinances or psx~s of oxdirmnces in conflic~ herewith be~ and ~he same are hereby repealed. - 4 - Ord. No. 39-96 Section 6. That should any section or provision of this ordinance or a~f porti~ thereof, any paragraph, sentence or word be declared by a cour~ of competent Jurisdiction to be invalid, such decision shall not affect the validity of the rem~ ~nder hereof as a whole or part thereof other than the .-~t declared invalid. Section 7. That this ordinance shall become effective immediately u[~a passage ~ second and final reading. PASSED AND ADOPTED in regular session on second and final reading on ~h~s the 17th day of September, 1996. ~ty Clerk F / F/rst l%mmting September 3, 1996 Seo~ P~_~ ng September 17 ~ 1996 - 5 - Ocd. No. 39-96 '(3Aqtt I~Vllq · 1.Ay XlIVd ~ 31XlO ORDINANCE NO. 40-96 AN ORDINANCE OF THE CITY CO~84ISSIfXq OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY Z(~qED MH (MOBILE HC~4E) DISTRICT IN THE R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING THE WEST 490.47 FEET OF LOT 6 OF THE PLAT OF LAMBERT TRAIT.~.R 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 MALL, AND ON THE WEST BY OLD DIXIE HIGHR~Y; AND AMENDING "ZC~rING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPE~?.~.R 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 rez~ning, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF D~.~AY BEACH, FLORIDA, AS FOLLC~S: 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, immediately east of the Silver Terrace Sutxlivision; 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 Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. ~nat 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 Cc~ensive 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 17th day of September , 1996. eity Cier~ First Reading September 3f 1996 se¢on~ Reading September 17, 1996 - 2 - Ord. 40-96 TO: DAVID T. HARDEN CITY MANAGER (~-~ ~ ~ ./7 THRU: DIANE DOMINGUEZ, DIRECTOR ~ i/~ ~ ~/~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF SEPTEMBER 3, 1996 CHANGE OF ZONING FROM RO (RESIDENTIAL OFFICE), RM (MEDIUM DENSITY RESIDENTIAL) AND MH (MOBILE HOME) DISTRICTS TO SAD (SPECIAL ACTIVITIES DISTRICT) AND R-1-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. Aff~chments: · P&ZBoard Staff Report of June 10, 1996 · Ordinance Rezoning Properties to SAD · Ordinance Rezoning Properties to R-1-A PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 10, 1996 AGENDA ITEM: 11.^.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 .............................................. Various 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 #4 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 LIN"[ ON BOULEVARD II.A.3b ..................................................................................................... I'*-'TT*'T*'I[*I 'T'"TT*'**'HTII"TT'TT'"I'*H'THIT ..................... The action before the Board is making a recommendation on the following rezoning requests: El 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; El From RO (Residential Office) to SAD (Special Activities District) for Lots 9-10, Block 5, Silver Terrace; and El 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 Terrece 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 treiler park will retain its MH zoning. :~: ~:i :i:i:~: i:i :i:i:i:~,?-~:~:.:::;!::-?,~:~:~:.::~:i:i:i:i:i:~ :~:~:~:~: i:i:i: i:i :[: ~:i:i:i: ~:i:i:i :i:i:i:i:i:!:~:i:i :~:i :i: i:i:i:~:i: ~:i:i:i:i:i:i:i:i: i:~ :i: i:i :i:i:i:i:i:~:;...-.-.. i...... ,,., .-.:.....-.-.. :.. :. :,... ::i :i....,..,.. :. ;.:.......-.... + :. :. ;.:... :i:i... i!i!::. :. :.. :.... ::.... ,. ;:;,;. :i :i:i :!:i:!i!~ [! i ii{:i:i:i:!:!~iiiiii!iiii: i:i:i: :i!i~ili!~iii~i:i:i:: i!i! ~iiiii:!iiiiii::i: ~i i~i !i!:i: i:i ::i:i:i!i:iiii: i:i :i: :i:i:i :~: i~;iiii !~ii:i:i:i :i:i:!:i:i:i:~:i:i: ~:i REQUIRED FINDINGS: {_Cha_oter 3): Pursuant to Section 3.t.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 #~. 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 Rezoaings Associated with the Silver Terrace Redevelopment Plan Page3 ~a3~all3:~a.~: 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 ~ps 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 Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more a_~pro_~riate 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 Page7 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 t0 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 Plan regarding the Silver Terrace area will be modified to state that development shall be consistent with the adopted redevelopment plan. Coml)liance with Land Develo~)ment Rec~ulations: The proposed use is to be in compliance 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: 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: El 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; El From RO (Residential Office) to SAD (Special Activities District) for Lots 9-10, Block 5, Silver Terrace El 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 DIXIE. PARK AVl. (50' ROW MIAMI ~ ~ BLVD (50' ROW) I-r1 X m--~C~ o rn © SOUTH BOUND MEMORANDUM TO: MAYOR AND CITY ~SSIC~ERS FR~4: CITY MAN~ER ~: AGENDA ITEM # /~- REGULAR MEETING OF SEPTEMBER 17, 1996 ~ READING & PUBLIC HEARING FOR ORDINANCE NO. 37-96 (INITIAL ~ING F-UR A PO~I~(~ OF HARDRIVES PROPER~Y/EAST SIDE OF ~S mamUE) DATE: SEPTEMBER 12, 1996 This is second rea~ng and a quasi-judicial public hearing for OrdiD~ance No. 37-96 which establishes the zoning classification of I (Industrial) 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 Hardrives site was annexed to the City. At the same time, a small scale Future ~nd 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 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 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 recommend that it be approved, based upon positive findings with respect to Chapter 3 (Performance Sta~_~ds) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). At first reading on September 3rd, the Commission approved the ordinance by a vote of 4 to 0. Rec~mnend approval of Ordinance No. 37-96 on second and final reading. ref: agmemol0 ORDINANCE NO. 37-96 AN ORDINANCE OF THE CITY Cf~MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL ZONING OF I (II~)USTRIAL) DISTRICT FOR A 4.3 ACRE PORTION OF THE HARDRIVES PROPERTY LOCA~ ON THE EAST SIDE OF CONGRESS AVENUE, ~MATELY 1,800 FEET SOUTH OF GEP~4A~/~WN RDAD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "Z(I~ING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, A~D AN ~ 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 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 (Industrial) District for the property hereinafter described. NC~, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as foll~: A parcel of 1~-'~l lying in Section 30, ~rnsl~p 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' I7" 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 Quarter section line of said Section 30; thence North 89 degrees 13' 16" East, along said East-West Quarter section line, a distance of 393.01 feet to the Point of Beginning. ~ne 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 esteblishment of the zoning classification in this orS~n~ and the tract of land hereinabove 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. 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 oo~flict 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- lB to be in compliance in accor~__ance 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 17th day of September , 1996. First Reading September 3, 1996 Sec~ Reading September 17, 1996 - 2 - Ord. No. 37-96 ~ PC LINTON 13OUL£VARD ~ CF RM POC ! COUNTY ZONING - CHO - ANAL RM PCC POC N ~ ADJACENT ZONINGS ,,,~o.,,,,,,,~., FOR HARDRIVES PROPERTY C~TY O~ O~'~RAY ~AC~. F~ TO: DAVID T. HARDEN, CITY MANAGER THRU: I ~ND ZONING FROM: J~=~F/I~["~EY A. COSTELLO ~[ENIOR PLANNER SUBJECT: MEETING OF SEPTEMBER 3, t996 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: [3 Annexed the entire 27.76 acre Hardrives property via an Annexation Agreement; E) 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 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 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: [3 P & Z Staff Report and Documentation of June 10, 1996 [3 Ordinance by Others PLANNli.G AND ZONIN,J BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: June 10, 1996 AGENDA ITEM: 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 Applicant/Agent ............................ Jeff Lis Catalfumo Construction Location ..................................... East side of S. Congress Avenue, 1,800 feet south of Gerrnantown 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 Pmrx:~ Zoning ........................... ! (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. 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 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: 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; 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. 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) Page2 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. ~ ~.~:i:.>.~-~:<.~'~'.~':'~.;.~!' ~,,: .~.--~..:~:~.~:.:~,~,:;~-::.~..-..~..-..<:~ ...... ~`[~:~:~.~:~>`~:~:~:~;~:~`~i~:~:i:~::~:::~::~::~:~::~:~:i:~:~``~!~:~:~i~:~:~:~::::.:~:~:~:~:~:::~:~:i:::~:~:i::[:i The proposal is to change the Future Land Use Map designation for a 4.3 acm 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.oter 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 (I) 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 P & Z Board Staff Repro FLUM Amendment from {Jounty Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Harddves Property (East 4.3 Acres) Page ~ and repair, and other operations necessary for road construction are allowed as permitted and conditional 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 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 Harddves Property (East 4.3 Acres) ~acje 4 (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 pat, and County CHO (Commercial High Office) zoning designations. The County CHO 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 to 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, ~ehich 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 lhe properties have co-existed for many years. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations.' 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 findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon ~'hich 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 Repol FLUM Amendment from County Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Hardrives Property (East 4.3 Acres) Page5 Section 3.3.2 ~.Standards for Rezoninp 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) (Rezoninp Findincjs): 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: 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; 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 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 FLUM Amendment from County Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Hardrives Property (East 4.3 Acres) and conditions of the property, and the installation of a 450 foot communication tower, must comply with the City's Land Development Regulations. ~'['** "'~"~'~' '*':~.":¥~ *'~.'::"- *'*[; ' *~:~ '<.: '~i ::::5::;'- :i::,. ,:;:::::;: ':~ :::*.: *' :::: "::' ;~;- *::' ==================================================================================== This property is not inthe geographical area which requires review by the Downtown Development Authority, Community Redevelopment Agency, or the Histodc 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_=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 Flodda, 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. lhe Future Land Use Map Amendment from County Industrial to City ~ndustrial is consistent with the policies o[ the Comprehensive Plan and Chapter 3 of the Land Development Regu}ations. The proposed Future Land Use Plan Amendment is consistent with the existing use of the property and the proposed P & Z Board Staff Repor, FLUM Amendment from County Industrial to City Industrial and Applying Initial City Zoning of I (Industrial) for Harddves Property (East 4.3 Acres) ~ Page 7 initial zoning of I (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. A. 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: 13 Future Land Use Map [3 Zoning Map This Staff Report prepared by: Jeff Costello. Senior Planner MEMORANDUM TO: MAYOR AND CITY ~SSIONERS FRC~: CITY MANAGER~! S~COND READING & PUBLIC HEARING FOR ORDINANCE NO. 38-96 (INITIAL Zf~qING FOR A PORTION OF HARDRIVES PROPERTY~EST SIDE OF CC~GRESS AVENUE) DATE: SEPTEMBER 12, 1996 This is second reading and a quasi-judicial public hearing 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 Transitional 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 est_~blishes 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 Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). At first reading on September 3rd, the Cc~ssion passed the ordinance by a 4 to 0 vote. Recommend approval of Ordinance No. 38-96 on second and final reading. ref: agmemol 1 ORDINANCE NO. 38-96 AN ORDINANCE OF THE CITY C~4MISSION OF THE CITY OF DELRA¥ BEA/IH, FLORIDA, ESTABLISHING INITIAL ZONING OF POC (PLANNED OFFICE CENTER) DISTRICT FOR A 9.0 ACRE PORTION OF THE HARDRIVES PROPERTY LOCATED ON THE WEST SIDE OF CC~GRESS AVENUE, APPROXIMATELY 800 FEET SOUTH OF ~ ROAD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PRfArIDING 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 estsblishment 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 amended, reflect a zoning classification of POC (Planned Office Center) District for the property hereinafter described. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF Dw.r.RAY BEACH, FLORIDA, AS FOLIX]WS: Section 1. %~nat 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 ~ne 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 w~st 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 Development Regulations has k~en followed in the est~_blishment of the zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District POC (Planned Office Center) 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. That should any section or provision of this ordinance or portion thereof, sentence word be declared any any paragraph, or 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- lB 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 17th day of September , 1996. First Re~d~ng Septen%ber 3, 1996 Second Re~ng September 17, 1996 - 2 - Ord. No. 38-96 --I PC LIN TON BOU LE:VARO ~ CANAL CF RM "COUI~TY ANAL RM PCC POC ~ ADJACENT ZONINGS ,,,,..~.,.,,,~.. FOR HARDRIVES PROPERTY oF* oc~^Y eE:,,,~. ~ TO: DAVID T. HARDEN, CITY MANAGER 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: ~ Annexed the entire 27.76 acre Hardrives property via an Annexation Agreement; I:l 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 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 PLANNIhG 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) for 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 ApplicanVAgeat. .............................. 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 Futura Land Use Map ....... Transitional - City of Delray Beach Current Count~ Zening ...................... CliO (Commercial High Office) Proposed Cily Ze~ng ........................ 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. Wate~ Service. .................................. Available via main extensions and connections to the existing water system serving the Centre Oelray (Office Depot) site to the north and Elmore POC to the west of the subject property. Sew~ Sewice. .......................... 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. 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; El 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 of 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, 13 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 BoarcI ~,~aff Report FLUM Amendment from County Industrial to City Transitional & Applying Initial Zoning of POC for Hardrives (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. .::::...:f.,:..~. ~:~:~::::::::::::::::::~::::~::!:::~:::::::~:~:::::~:::::::~:~:`:~:::~``::~`~::~:::~:~:~:~:::-~``:~:::::::::::::~ ~`~:~`:::~.~E::~:::~:::~;:::::~::~:::~::~:~`:~:::-~::::~:::::~::~:::~:::~::~:~:~E:~E:~:~:~:::?~:~:~E~:~:~:~:~::~:~:~:~:~:::~E:~E::;E:[EE:~E:~:~:~ REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: 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 CHO (Commercial High Office). In conjunction with the Future Land Use Map amendment to City Transitional, a rezoning to POC Planning & Zoning Boar~ 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.'I, 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 Ha'drives (West 9.0 Acres) Page4 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. ofrme 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 buffering may include a combination of buffering mechanisms including installation of a wall and/or heavy buffering with trees and hedges. V~rith 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 O/Vest 9.0 Acres) Page 5 ............ ~'"i:! ~:~i:~ '~'::';"':=~:i'*;:i:~:!:::'~ ~*'"~i*'<' ............ '~*' '"'>-:~:' *:':':*:~*~,-~< ~ ~:.*...:~.....~.~ ....... ..... '* '* ~?i~:!'~:[:~: :~;*"*':~:'~;"~ :i:*:~>:~:~:!*'*'"'h~=':'"**::'~;'* ' ':':~' ~<~.... ~..:.~::~'"":' ........... ......... '~.:.~-~i.'~"~-' '~:'~:~..~':" ........ ~' -~"*'~ ~;"':i:i'*<::"*~::'*"** ~'~:~i~'":*"'!:~::::'*':'"'~::*'*::~"':: '"::~: "~?:~::*"'":~i:'*~'*i::'"":: ~:-"~"~ ':"~i- ........... ~':~; ~*~' ..... ~'.'~.' ~''' ':"~ ~.:~.>'"~ .................... ~' '> .~.-.i~ :*> ....... ......... :=.>. ~....,>~.;,.. ~:~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :':<' :"-~*:~". :*,..~_~_~:~: "':<-> *:'~'~>>~:~>'_ ~..~ ...... ~ .......... .... ~:~:~>:':'"'~*:~- ' ~?& 2.~ ................ .:¥~i[i.~.-: .:- REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.~ (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the 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) are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. 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 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 Hardrives (West 9.0 Acres) Pages and hedging. With the installation of appropriate buffering any adverse impacts on the hammock preserve will be mitigated. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4,$(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; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appro.Driate 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. .<: `~.~:£~>~:~`~:~:i:i~.~:~:~`~:~:~:i:!:~:~:~.*..~:~¥~.`~::!~`..~:~::~.~:~.~:~:~?~:~:~:~:~::i~?~::~:~:~::~::~.~.-~!:~' ~;~:~: '<: '~' ~.;>:~.~" ..~.. ~ .:.~<:::.~:.<.~.!.-;:.:~:~ =::..:.<:::.'..:~ ...~ >.~.: .::: ...;:...::. ::: :.: ~.:...: :::..;:~:~ >., ::::. :. .:: ::::. ========================== .[~:..-..:..'...~.; ============================================================= ¥~--~.~6.'-:'>:'~i '~'~: ~:'>~": ~:'~:' ::"" ~ :4 ¢'~:':' :':'"::'" ":':':':'~ ~ "'"' :':' ~ + ~:':':':' :::'"' :' :':':':':': ':': '"' :':':';::~':':'::: ':': ':':' !'~:':'!':': ':':'~':'"' :':':': ': '"'"':':'> ~:':':':'"' ~:'>: '"' :':'>:+ :':' :':'>" >''' :': '"' :' :' :'"':':' :':':':~:' :'::~' '~:$>~ !' ~ .%',:..';;.~5:,':.. 5 .,> i'~: ~: i:~: :: i; "; :'": ~'<i: f~< ~:: :l'~: ~: ~: ~::"T;> > :' :':" 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 Interiocal Plan Amendment Review Committee (IPARC) which distributes the Planning & Zoning Boarc .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. S_~ecial Courtesy and Public N~,tjces: 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 Hardrives (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. "*" '*~*** ~=~'!*~'"'*~*~ ..... *':"~*'* *~*"~'~'*' ~*~?~r~?~:~'`~!i!~*~*!~i~!~[~?~!~ ':~* *'*=~*~'' :i* ~** '* ~=~ "~= ....... ~i~'*~!;~. '*~**~=~"~* '*~'~*'., ~ ~'~'*'~'*~*=='.~i ..... ' '-'.'~:~[~ 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: 13 Future Land Use Map 13 Zoning Map This Staff Report prepared by: Jeff Costello. Senior Planner £1T¥ DF DELRI:I¥ BEI:IgH Writer's Direct Line: (407) 243-7090 DELRAY BEACH Ali. America City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Quit Claim Deed to Palm Beach County - Linton and US. 1 Intersection The public hearing on this item was continued from your September 3, 1996 meeting in order to verify with the County what land would be transferred. As a result of my conversations with the County Right-of-Way Department, the County has agreed to accept all of the property deeded to the City by the Delray Mall. The property to be quit claimed to the County is as described in the Warranty Deed to the City. Therefore, approval of the Quit-Claim Deed is recommended. Please call if you have any questions. DNT:smk cc: David T. Harden, City Manager Sharon Morgan, City Clerk's Office quitded 1 .chat _ I I SENT BY:Xerox Telecopi. er ?020._; · 40'788_..44123.-, 40? 2?8 4755~t tbtmn~f, with ',.ho nppu:umanc~s, unto ~ add Ps.ny cd' :h~ smmad par'z, tm ~uc=mnn'n ) 2 SENT BT:Xerox Telecopier ?020_; ?- 9-98 ; 3:25PM ; 40788_.44123-* 40? 2?8 4?55;# 4 DESC~P~ON: A P~ QP' f.,~0 CI'ING tN SE:~TION,~ 20 AND 21. 'R2WN~I.41P 46 ~ou'rH. ~I~(ME:NGiNG AT TH~' SOU'lT-I'II~'T' CONNER OF' A R~m'I.~T OF' DE2.RAY MAL.f.. ACC~0RDIMG ~ '11.i~ PLA'r 'I'(-IE]~.C]r ,A~ 2,~.C~DED iN PLAT BOC~C 5B AT ~'~ (~' TH~' PU~J,'~ mE:ctmDs c~' PAL~ ~ C~uN'rY. ~A: 'rHEN~ 8QU'i'H Br 44' ~ E.,a~'T. Ai,.ONG '114E; IKiUql. I~I.T LIN[ OF ~AID PI.Al' AND · 'tH[ NC~'rH RIGI-JI'--QF'--W&Y LIN~ ~ IJN'I'~N BOUi.~"VA.~. A .DISTANC~ OF' WE~'I'E~L.Y IJN~ ~ SAID Pl..AT. A D[$TANC~ ~ 35.8~ ~ ~ 'THENC~.THENr..F. '~.'I14SOU1.H ~ ~ ~ (2) ~ BE2NG P,~J.~. IMlI.1 ,~lO 7.00 ~ FROM. 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JW[ O1" L.IN'R:31'd PALM B~ACH CD~. F'L.,~IDA ~ C~)NTAJN 0-19 AC~:~ ~ C~ *'"' '/""/" EXHIBIT "A" =,,-.,.w. I I I III I .I ; SENT BY:Xerox Telecap£er' ?02P-: 7- 9-!]8 ; 3:28PM ; 407~..~4123.'* 40'7 278 4755;~t 5 ' SENT BY;Xerox Tele¢;p~er ?020 ; ?= 8-~ ; 3;2OPM ; ~07~B~123~ gO? 27~ g755;~ o ' ~~ / ~ R - ~~' . P.O.B, -- DmO~ P~N* ~ Bg=~NNIN=. A R~* oF D~aY ~ " ~ EXHIBIT "~" ~~ ~ #ea~ Palm Beach, Plo~d~ 33416 (Corporation) PROJECT NO: 94110 ROAD: U.S. i and Linton Boulevard PARCEL NO: 102 QUIT-CLAIM DEED THIS INDEN~73RE, made this day of , 19 , between The City of Delra¥ Beacht A Florida M~nicipal Corporation, having its principal place of business at 100 N.W. let Avenue, Delray Beach, Fi. 33444 as party of the first part, and PALM BEACH COU~TTY, a political subdivision of the State of Florida, as the party of the second part. WITNESSETH: That the party of the first part, for and in consideration of the sum of ONE ($1.00) dollars and other valuable considerations, receipt whereof is hereby acknowledged, do hereby remiss, release, quit-claim and convey unto the party of the second part,its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following described land, situate in Palm Beach County, Florida, to-wit= Property more particularly described in Exhibit "A" attached hereto and made a part hereof. TO HAVE ~/gD TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest and claim whatsoever of the said party of the first part, in law or in equity to the proper use, benefit and behoof of the said party of the second part, its successors and assigns forever. IN WITNESS WHEREOF, said party of the first party has caused these presents to be duly executed in its name, and its corporate seal to be affixed, by its proper officers thereunto duly authorized, the day and year first above written. (CORPORATE SF_,%L) The City of Delray Beach Typed or printed name of Corporation Signed, sealed and delivered in the presence of: (Signature of two witnesses required by Florida law) BY: Witness ITS PRESIDENT Typed or printed name of witness Typed or printed name of President Witness Mailing address ATTEST: Typed or printed name of witness ITS SECRETARY STATE OF Typed or printed name of secretary COUN~'Y OF BEFORE ME, the undersigned authority, personally appeared who is/ar~ personally known to me or who has/have produced as identification and who did/did not take an oath, executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and official seal this day of , 19 Signed: Notary Public in and for the County and State aforementioned NOTARI~J~ SEAL 263-LGL Typed or printed name of Notary Public Rev. 07/96 My Commission expires: SENT BY:Xerox Telecopier ?02E_; ?- 9-98 ; 3:25PM ; 407Ea_.44123-, 40"/ 2?8 4?55;= ~ ~~NG AT ~ ~~ ~ ~ A ~T ~ D~T ~ ~IH~ ~ ~ P~T ~e~ ~ ~~ ~ P~T W M AT ~ ~ ~ (2) ~ B~NG P~ ~ ~D 7.00 ~ ~. ~, NG ~ H' ~" ~. A DI~ ~ 4~.~ e~ ~ ~ PONT ~T OK ~IN~ · . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # /0. ~- REGULAR MEETING OF SEPTEMBER 3, 1996 QUIT-CLAIM DEED TO PALM BEACH COUNTY/FEDERAL HIGH~AY AND LINTON DATE: AUGUST 30, 1996 In reviewing this item, we noticed that 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: agmemo 16 CITY I]F DELI:lAY BEI:i[H CITY ATTORNEY'S OFFICE ~ ~-:,, i!! ,., :.,, i. i. ~ i~k,~'DB~iC...,~l[ie?I~,~I~,~.~(~14. i-'~.'--!5ii! L .;: i~ ;~ DELRAY BEACH ~ ]VI~MOTCANDU~ Ali. America City 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorney SUBJECT: Quit-Claim Deed to Palm Beach County - Federal Highway and Linton 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 !i i,",, AUG 81996 Department of Engineering · nd ~ublic Work~ August 6, 1996 P.O. Box 21229 West Palm Beach, FL 3341~1229 Mr. David Tolces, Esquire (561)6844000 The City of Delray Beach 200 N. W. 1st Avenue Delray Beach, FL. 33444 Project No.: 94110 ~a~hcounty Project Name: U.S. 1 and Linton Boulevard So.rd of County Job Limits: Intersection Improvement Commm.ione~ Parcel No.: 102 Ken L Foster, Chairman Bur~ Aaronso,, Vice Chairman Dear Mr. Tolces: Kamen T. Marcus In our phone conversation you said the city may be Carol A. Roberts willing to Quit Claim the needed right-of-way for the W~rre,~ H. Newel~ above referenced parcel. M~yMcC~y I have enclosed a Quit Claim Deed with Sketch and legal MaudeF~rd~e of the needed right-of-way for your review. If there are any questions, please contact me at (561) 684-4119. County Administrator RobenU~,,man. P.E. Thank you for your cooperation in this matter. Sincerely, .~ Crai~ Wessendorf, Right-of-Way Agent Right-of-Way Acquisition Section CW:mat Enclosure c: Ed Handy, Supervisor Right-of-Way Acquisition Section ~. F-4u~l Opporm.~ Afflrrn~Mve AeOn Employs' CC' A I 'sor NOT~CE I$ HEREBY GdYEN tha~ the (:~ of De~ra¥ Beach, F~l~, Palm 6each C~, F~i~a, ~ing T~ ~ ~ 'A t~lat ~ ~lray ~l~, Kc~diflg ~ ~ Plat ~ as ~ ~lic R~ ~ Palm ~1; ~e ~ ~ ~' ~ ~t, ~t ~h ~ 41' M* ea~, a diga~e ~e ~ r~ial li~ ~a~ ~h ~ I~~ ~; ~e ~iy C~aini~ 276 ~are ~, ~e may ~ ~ai~ ~ ~ Ci~ Mana~ ~ ~le at t~ir r~ular Ci~ Corn, mi~ ~Jng ~ ~tem~ 3, at 6:~ p.m ~ t~ Ci~ ChamP, Ci~ Hall. CITY OF DELRAY BEACH, FLORI. DA Ali~ ~cGr~ Ci~ CI~K ~1~: Au~ ~ &~,l~ T~ N~ CO'. t~ / ~ NOTICE OF INTENT TO TRANSFER REAL PROPERTy NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, announces its intention to transfer the following real property: A parcel of land lying in Section 21, Township 46 south, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: That portion of "A replat of Delray Mall", according to the Plat thereof as recorded in Plat Book 58 at Page 133 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Beginning at Southeast comer of said plat; thence South 89o47'57" west, along the southerly boundary line of said plat, a distance of 25.00 feet; thence north 58°41 '56" east, a distance of 42.81 feet to a point on the easterly boundary line of said plat, being on the arc of a circular curve to the left, where the radial line bears south 62o02' 16" east; thence southwesterly along said easterly boundary line and along the arc of said curve, having a radius of 1970.08 feet and a central angle of 00°43'37'', a distance of 25.00 feet to the point of beginning. Containing 276 square feet, more or less. The sale of the property is for public purposes pursuant to a Quit Claim Deed entered into between the City of Delray Beach and Palm Beach County. Further information, as available, may be obtained from the City Manager's Office. The City Commission of the City of Delray Beach, Florida, shall hold a public hearing on the proposed sale at their regular City Commission meeting of September 3, 1996 at 6:00 p.m. in the City Commission Chambers, City Hall. CITY OF DELRAY BEACH, FLOR/DA By: Alison MacGregor Harry City Clerk Publish: The News August 22, 1996 August 29, 1996 [ITY OF DELRIIY BEII[H CITY ATTORNEY'S OFFICE DELRAY BEACH Ali. America Ci~ TO: Ci~ Co~ission 1993 FROM: David N. Tolces, Assistant Ci~ Attorne SUBJECT: ~greement wi~ Dolphin Bay Developers. Inc. This proposed agreement is being brought to the Commission at this time in order to resolve two independent property situations associated with the Dolphin Bay Development, which is proposed to be constructed on portions of Lots 1 and 2, Block K of John B. Reid's Village. The Dolphin Bay property is located on the west side of Venetian Drive south of Nassau Street adjacent to the Seagate Towers Condominium. The first issue with respect to the Dolphin Bay property which this agreement addresses is the City's desire for an additional 5 foot easement on the south side of the Dolphin Bay parcel. The City, in 1995, as part of the drainage improvements, constructed a stormwater lift station at the south end of the Dolphin Bay parcel. As part of that construction, the City went outside of the boundaries of its existing easement, and therefore needs an additional 5 feet from the owner of the Dolphin Bay parcel in which to maintain the stormwater pump station, as well as the associated utilities. Paragraph 2 of this agreement provides for the owner of the Dolphin Bay parcel to convey to the City a 5 foot easement to allow for the continued operation, repair, and maintenance of the existing lift station. The second property issue with respect to the Dolphin Bay parcel concerns ownership of the westerly 10 feet adjacent to the Dolphin Bay parcel. This property is described in the agreement as the "Waterway Parcel". This ten foot strip, which physically exists on the property today, was not part of the plat or re-plat of John B. Reid's Village when the property was platted. Apparently, the westerly 10 feet, which includes the seawall, was part of the construction of a hotel located on the property in 1952. Previously, it was thought that the 10 foot strip encroached into land had been conveyed to the City by the prior owners of the basin located to the west of the Dolphin Bay parcel. Further research and title work has revealed that the westerly 10 feet of Lots 1 and 2 and that westerly portion of Block L did not encroach into any property deeded to the City. In 1952, the City obtained a deed to the waterway basin located west of the Dolphin Bay parcel. The owners who conveyed that property to the City, however, did not own that 10 foot strip on the west side City Commission September 10, 1996 Page 2 of the Dolphin Bay parcel. There is a question as to who now owns the strip, but the title documents do not support the City's ownership of the 10 foot strip. At this time, the current owners of the Dolphin Bay parcel, Dolphin Bay Developers, Inc., request that the City execute a quit-claim deed for the 10 feet on the westerly side of their property. Paragraph 3 of the agreement provides for the City to execute the quit-claim deed for the 10 foot strip. In executing the quit-claim deed, the City would be conveying any right title or interest that the City has in the 10 foot strip. As part of the agreement, the property owners and its successors and possible condominium or homeowner's association would agree to indemnify the City if any quiet title action were brought with respect to the 10 foot strip. Paragraph 4 of the agreement requires Dolphin Bay to acquire all necessary permits and to assume responsibility for the replacement and construction of new dock facilities adjacent to its property. Finally, Paragraph 5 requires Dolphin Bay, its successors and assigns, agree to indemnify and hold the City harmless for any claims arising out of the ownership and control of the waterway and Dolphin Bay parcels. This would include any injuries resulting from the construction of docks adjacent to the Dolphin Bay property. Additionally, the owners would also agree to indemnify and hold the City harmless from any claims which would be made as a result of any damage or injury resulting from the installation of any docks adjacent to an in conjunction with the Dolphin Bay Development. This agreement, if approved by the Commission, would solve two ongoing property problems associated with the Dolphin Bay Development. First, it would allow the City to continue to operate and maintain its pump station which is encroached into the Dolphin Bay parcel without having to go through any eminent domain proceedings. Secondly, the City's conveyance of the 10 foot strip would allow the developer to go forward with his planned development on Lots 1 and 2, as well as a portion of Block L. If you have any questions, please do not hesitate to call. DNT:smk Attachment cc: David T. Harden, City Manager Diane Dominguez, Director of Planning and Zoning Susan A. Ruby, City Attorney Sharon Morgan, City Clerk' Office dolphin3.dnt ATLANTIC AVENUE , WA TERWA Y EAST COMMERCIAL )- CONDO ~ I~ BAR OCEAN PLACE CONDO COCONUT ROW S.E. 2ND ST. INCRAHAM SEAGATE o~^. mR..' S.E. ,.3RD ST. 0 E~AY STREET O '~ LANIKAI VILLAS CONDO l~ LANCER WAY' ~ S.E. 4TH ST. CASUARINA ROAD N ~ DOLPHIN BAY PLANNING DEPARTMENT CITY OF DF'LRAY BEACH, FL " |ZgT£ ON ~H/~} T~:GT HfJ£ 96/£0/60 September, lOOS, by and between City o£ Dalray Beach, a municipal corporation, hereina£tar referred to aa "CITY", w£~"~ a nailing address of lO0 Northwest let Avenue, Delray Beach, Florida 33444, and Dolphin Bay Developers, Ins., a Florida corporation, hereinafter referred ~o 18 "DOLPHIN ~Y', wi~h a buoXness ad, ess of 348 Sou~h Ocean Boulevard, Delray Beach, Florida ~3444. ~CITA~= A. DOL~IN BAY holds ~e ~ee ~itle ~o ~e following parcel o~ land located wi~t~e City asa Palm Be~ch Co~ty, ~lorida "Dolphin Bay Lots i and 2, Block K~ Joh~ B. Raid's V~lla~e, =o the Pla= thereof, recorded in Pla~ Book 21, Page and =he East 140 ~eet of~= ~, leslie No~h 52.66 foot thereof, Block L; Repla~ o~ Blocks L, M and N, Jo~ B. Raid's Village, according to ~he Plat ~heroof, recorded In Pla~ Boo~ 23, Page 137, 811 of ~8 ~li~ Records of Palm Beech County, Florida. B. CITY has oonstruoted a stormwater pumpetation and related improvements which improvements encroach upon a portion of the Dolphin Bay Parcell C. DOLPHIN BAY wishes to construct a residential development of the Dolphin Bay Parcel end other lands which development will incorporate a portion of the waterway adjoining the Dolphin Bay Parcel on the west, said waterway portion (the "Water, ay Paroel") being more paz~cic~larly described aB follows: A certain parcel of land contiguous to and lying West o£ tho west boundary of the Dolphin Bay Parcel, bou/~ded on the North by the westerly prolongation of the North line of the Dolphin Bay Parcel, bounded on the South by the westerly prolongation of the South line of the Dolphin Bay Parse1 and bounded on the West by s line parallel to and ten (10) feet Wast of the WaSt line of the Dolphin Bay Parse1, said west line being alas the east line of M.S.A. Parcel 648 D as shown on th8 plat of John B. Raid's Village, as recorded in Plat Book 21, Page 95, Public Records of Palm Beaoh Co~%ty, ;Florida, as ex, ended northerly to its intersection with the westerly prolongation of North line of the Dolphin Bay Parcel. D. CITY claims title to the Waterway P&roels B. DOLPHIN BAY and CITY wish to enter into an agreement whereby Dolphin Bay grants an non-exclusive easement for the continuing encroachment of the existing pumpltation and for future maintenanae cf same in exahange for the CITY's ~uit-cl&im deed to the Waterway Parcel. THEREFORE, A~D IN CONSIDERATION OF ~he mutual covenants and agreements aa set forth herein, the CITY and DOLPHIN BAY agree as followa: 8t~:gT 96, ~0 c~S 1. The above recitals are true and correct and form basis of ~/lie Agreement. 2. DOLPHIN BAY, as Che fee title holder of the Dolphin Bay Parcel, agrees to execute a nun-exclusive easemenC agreement in favor of the CITY permitting ~ha ountinusd sno=oechment of that portion of the atormwatsr pumpatat£on and related improvements which lie outside of the existing drainage easement appearing on the plat of Jo~n B. Raid's Village and in addition, permitting maintenance of said equip~snt in tho future. Said easement shall bs described as ~hs North S fast of the South 10 fist of Lot Bleak K, John B. Raid's Village, Plat Book 21, Page Records of Palm BsaohCounty. 8aid easement sh&ll provide that the CITY shall be solely responsible for any and all expenses existing pump/lift station apparatus, and shall immediately repair, at its expense, all damage incurred to tho existing landscaping as a result of said operation, repair and maintenance. 3. City agrees to execute a ~uit-cl&im deed, without warranty of title, to the Waterway Paroel and to deliver same DOLPHIN BAY In exchange for DOLPHIN BAY's easement described in Paragraph 2 above. In its acceptance of CITY's deed, DOLPHIN BAY acknowledges with CITY that title to the Waterway Parosl may be subject to possible claims of thira parties end,haroform, DOLPHIN BAY may be required to institute, at itl expense, proceedings resolve such claims. In the event DOLPHIN BAY institutes such proceedings to curs title, CITY agrees to cooperate, including the execution of a subsequent quit-olaim deed to DOLPHIN BAY, or successor, at the conclusion of such proceedings. 4. DOLPHIN BAY anticipates its development plan will include to the Waterway Parcel wi~h new boat dock~ and related dockage improvements. DOLPHIN BAY agrees to be bound by and to comply with ell City permits and cods requirements concerning the uss of the dockage improvements within the waterway owned by the CITY. DOLPHIN BAY, for itself and on behalf of the future condominium or homeowner association responsible fur the management of much dock improvements, agrees to indemnify the CITY against loom or claim incurred by the CITY by third par~ims resulting from suoh replacement and new construction. 5. In return for the payment of $10.00 and other good and valuable ooneideration, reosipt of which is hereby aoknowledged, DOLPHIN BAY, itl successors and assigns, including any homeowners or condominium aasooiation which may subsequently hula title to, control and/or manege the Dolphin Bay and Waterway Paroela, hereby agrees Co indemnify sad hold harmless the CITY from any and sll lose, damage, Judgment, olaime, and ~hreate uf claims, including, but not limited to attorney's fees and cou~c costs through ell trial and appellate levels, in connection with the ownership or claim of ownership of the Waterway Parcel and arising cut of the existing or future doc~ improvements loc&ted ad, scent to the Dolphin Bay and Waterway Parcels, including, but not limited to any damage or injury to person or property. This provision shall survive ~hs expiration or earlier termination of this Agreement. 6. All notices, requests, demands or o~her communications which may be required or given under ~hie Agreement shall be in following addressee: City: City of gelray Bsaoh 100 Northwest let Avenue Dslrey Smash, Florida 33444 · · ' [~9~ oN ~'1l/~£] T~:gT ~ 98/£0/80 with copy to= City Attorney's O££ioe, City of Delray Beach 200 Northwest let Avenue Delray ~eaoh, Florida 33444 Dolphin Bay: Dolphin Bay Developers, Inc. Arts: Mr. David Rose, President 348 South Ocean Boulevard Dalray Beach, Florida 33444 with copy tel F. Andrews Taintor 5051 Castello Drive, Suite ~ Naples, Florida 34103 Each paz~cy shall have the right to change the address for nc=ices by giving notice of such change of address to the other party in the manner described above. 7. For purposes of enfor~snant of any provision of this Agreement, the parties agree that the venue o~ any action or proceedings shall be Palm Beach County, Florida. 8. ThieAgreement shall bm binding upon the CITY and DOLPHIN BAY, its successors and aesignB. IN WITNESS WHEREOF, the CITY end DOLPHIN BAY have set their hands and seals, through their euthorised officers or representatives, on the date and year first above written. CITY OF DELRAY BEACH, e municipal corporation By: ATTEST: , Mayor By: , City Cler~ WITNESSES: Prin= Name: Print Name: DOLPHIN BAY D~VELOPRRS, INC., a Florida corporation (Corporate Seal) By: David Ross, President WZTNBSSES: Prin~ Name: Print Name: SEP ~ '9~ /.6:S0 P.S STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE HE personally appeared and rlepectivlly, of the city o£ Oelrey Beach, Florid&, a municipal corporation, to me well known and known to he to be per.one described in and who exlouted ~he foregoing inltrument, and acknowledged 20 and before me that ~hay ex.outed laid instrument for the purposes therein expreeled. WITNESS my hand and of£ioiel seal, thie day of (SEAL) Notaz~Publto, State of Florida My oomni.eion expire.:. C~mmi.lion No.., STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME perlonall¥ appeared David Elam, Pralidlnt of Dolphin '. known to be to he person dllcribld in and who executed the for,going instrument, and acknowledged to and before me that he WITNESS my hand and official leal, thil day of (SEAL) Notary Publio, 8fete cf Florida Coze:mil.ion No. 09/03/96 TUE 15:41 (TX/aX NO 71821 lXk. rf bec~ Lqorklt, ,m- NOTICE OF INTENT TO TRANSFER REAL PROPERTY NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, announces its intention to transfer the following real property: A certain parcel of land contiguous to and lying west of the following described lands: Lots 1 and 2, Block K, John B. Reid's Village, according to the Plat thereof, recorded in Plat Book 21, Page 95, and the East 140 feet of Lot 5, less the North 52.6 feet thereof, Block L, Replat of Blocks L, M and N, John B. Reid's Village, according to the Plat thereof, recorded in Plat Book 23, Page 137, all of the Public Records of Palm Beach County, Florida (the "Dolphin Bay Parcel"), and bounded on the North by the westerly prolongation of the North line of the Dolphin Bay Parcel, bounded on the South by the westerly prolongation of the South line of the Dolphin Bay Parcel, and bounded on the West by a line parallel to and ten (10) feet West of the West line of the Dolphin Bay Parcel, said west line of the parcel being herein described being also the east line of M.S.A. Parcel 648 D as shown on the plat of John B. Reid's Village, as recorded in Plat Book 21, Page 95, Public Records of Palm Beach County, Florida, as extended northerly to its intersection with the westerly prolongation of North line of the Dolphin Bay Parcel. The sale of the property is for public purposes pursuant to a contract entered into between the City of Delray Beach and Dolphin Bay Developers, Inc.. Further information, as available, may be obtained from the City Manager's Office. The City Commission of the City of Delray Beach, Florida, shall hold a public hearing on the proposed sale at their regular City Commission meeting of September 17, 1996 at 6:00 p.m. in the City Commission Chambers, City Hall. CITY OF DELRAY BEACH, FLORIDA By: Alison MacGregor Harry City Clerk Publish: The News September 9, 1996 September 16, 1996 Memorandum To: David Harden, City Manager Thru: Lula Butler, Community Improvement Director 1~9 From: Dorothy Ellington, Community Development Coordinator ~.~ ~ Date: September 10, 1996 Subject: Conveyance of City Owned Lot/Renaissance Program ITEM BEFORE THE COMMISSION: This is to request approval to execute a contract to convey one City owned lot for use as subsidy for Debra Bell, an income eligible applicant of the Delray Beach Renaissance Program. BACKGROUND: The City acquired this vacant property in May 1994, at a cost of $9,500 to be used as a subsidy in the affordable housing program. This property is located on Southwest 6th Avenue in the City of Delray Beach and legally described as: Lot 3, Block 22, SUBDIVISION OF THE NORTH HALF (N1/2) of Block 22, TOWN OF LINTON according to the records in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10, Page 38. The value of the lot will be secured by the City Attorney-approved Promissory Note/2nd Mortgage and recorded on record with the Clerk of the Circuit Court of Palm Beach County, Florida. RECOMMENDATION: Staff recommends approval to execute the contract to convey the above listed lot as subsidy under the Delray Beach Renaissance Program. Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: September 10~1996 Regular Agenda Special Agenda '--' Workshop Agenda,S. ~ Consent Agenda When: September 1~,1996 .Description of item (who, what, where, how much): Authorization and approval to execute a contract to convey one City owned lot for use as subsidy for an elisible applicant of the Delray Beach RenaissanueProgram. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval to execute the contract to convey the City owned lot located at XXX SW 6th Avenue, as subsidy under the Delray Beach Renaissance Program. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). 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: ~_~r. NO Hold Until: ~ .-. Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved CONTRACT FOR SALE AND PURCHASE PARTIES: The CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"),. of I00 N.W. 1st Avenue, Delray Beach, Florida 2134~,4 (Phone: 407-243-7000)..and Deborah Bell , ("Buyer"); of 1730 Sconehaven Drive Apt. 5~ Boynton Beach~ F1 33436 (Phone: (561)734-6757 ) hereby agree that the Seller shall sell and the Buyer shall buy the follo¥;ring real property ("Real ProperS) and personal pwperty' C'Personal~ (collectively for Re~ Es~te Transactions at~ched ~S~andard(s)'~ and any addendum to thi.~ h~rumenL L DESCRIPTION: (a) Legal description of Real Property located in Pal~ Beach Cotmty, ~orida: Lot 3, Block 22; SUBDIVISION OF THE NORTH HALF (NI/2) of Block 22, TOWN OF LINTON according, to the Plat thereof recorded in Plat Book 10, .P.a~e 38, of the Public Records of Palm Beach Cbunty, Florida Co) Strut address, city, zip, of the Property is: t~A T (¢) Personalty: 1I. PURCHASE PRICE: ..................................... $ 82,978.00 (a) Deposit(s) to be held in escrow byDelray B[ach' CDC in the the amount of $ 500..00 : (b). Additional escrow deposit within __ days after Effective Date in the amount of $ (c) Subject to AND assumption of mortgage in good standing in favor of having an approximate present principal balance of $ (d) Purchase money mortgage and mortgage note bearing annual interestat 8.0 %(seeAddendum)herdn, in an amount of $ 70;500.00 (e) Other: Homebuyer Assistance from the Sculler to be $ 9,500.00 secured' by P~omissory Note/2nd Mortgage attached. (0 Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorati, ons $ 2,478.00 IIL TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and. delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before Sept. 20, 1996 , the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. A facsimile copy of this Contract for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. FINANCING: (a) ' If the purchase, price or any part of it is to be fmanced"b~ a third-party loan, this Contract is conditioned on the Buyer obtaining a'written commitment for (CHECK (1) or (2) or (3)): (1) I~ a fixed, (2) . 13 an adjustable or (3) 13 a fixed or adjustable rate loan within :30 days af~er Effective Date, at an initial interest rate not to exceed 8.0 %, term of 30 years and for the principal amount of $ 70,500 buyer will ' make application within N/A days after Effective Date and use reasonable diligence to obtain the loan commitment and, thereafter, to meet the terms and conditions of the commitment and close the loan. buyer shall pay .all loan expenses. If Buyer fails to obtain the commitment or fails to waive Buyer's fights under this subparagraph within the time for obtaining the Commitment or after diligent effort falls to meet the terms and conditions of the commitment, then either party thereafter by prompt written notice to the other may cancel the Contract and Buyer shall be refunded the deposit(s). V. TITLE EVIDENCE: At least 7 days before closing date, Seller shall, at Sellex:'s expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (CHECK (1) or (2)): (1) 13 abstract of title or (2) 8a title insUrance commitment and, after closing, owner's policy of title insurance. VI. CL..OSING DATE: This transaction shall be closed and the deed and other closin~''-~ papers delivered on 0ccober 1, .1996 . . , unless extended by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions 'and other requirements imposed by governmental' · authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not mo3e than 10 feet in width as to the rear or front lines and 7 ~ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose(s). VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if'Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to de[iver.j)ccupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. X. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this Contract): a)D Coastal Construction Control Line Rider b)D Condominium Rider c)E]Foreign Investment in Real Property Tax Act Rider d)F] Insulation Rider e)U FHA/VA Rider OD Other: XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1)Dmay assign or (2)lBmay not assign Contract. X. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1)Ois attached OR (2)Flis not applicable. XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. XIV. DISCLOSURES: Buyer D acknowledges or ~$does not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosure. BUYER'S INITIALS. SELLER: BUYER: City of Delmy Beach, Florida · ~~ ~-~. ~.~ z~( By:~ By' Jay Alperin. lqayor Pd~t N~e: .Z)~bO~ /~ ~ ~// A~EST: State of Florida Ci~ Clerk Co~ty of Palm Beach Approved ~ to Fora: ~e foregoing ins~ment w~ ac~o~edged before me this -l day of (name ~f ;fficer or 3 agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the ~llt,~titliili.N~r~t,~ corporation. He/She is personally known to, ,~,q I~CA/./~.'~. me or has produced .'~A ~Y'l 4-t'4~ ~{/-~ ~ -,.:,~s~0sK',, n~ (type of identification) as identification and~:~-7 ~ ,,'~ ~ 2~w'°~.',,_ '~ did (did not) take an oath. ~:'~'~' °' *^q°n~a x*~ ° '~ '*S'~:atur 'a f':'o~eublic-~gn ~ rq rary ~//'~./C. SXt~2}~?"' State of ~ofida ~ De, sit(s) ~der Pm~ph II received. IF OT~R T~ CASH, THEN SUB,CT TO CLE~CE: ~scrow Agent) By:. 4 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: BUYER: PROPERTY ADDRESS: IXV. SPECIAL CLAUSES (Continued): A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Paragraph L of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly comPleted remittance forms. If, however, on or before closing, Seller provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non- Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper form as required by the Regulations, and Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall, not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said final determination. In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to 5 satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the mount required to be withheld by Buyer was false, Buyer shall have the authority to withhold fi.om any additional amounts due to Seller in accordance with the Regulations, all or such portion of said additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSACTIONS PARAGRAPHS D AND N: The parties hereby agree that the time periods for the inspections referred to in Standard D and Standard N shall be modified to be made within seVen (7) days from the' effective date of this Contract. In addition to the rights provided to Buyer in Standard D and Standard N, if, for any reason, the Buyer is not satisfied with the results of such inspections, Buyer shall have the right to notify Seller in writing of Buyer's election to terminate this Contract within said seven-day inspection period and receive the return of all deposits made hereunder. 6 STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDliiNCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to-Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date and which shall ~ommence with the earliest public records, or such later date as may be customary in the county. Upon closing of this transa~ion the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2} A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the pur~:hase price, insuring Buyer's title to real property, subje~:t only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be discharged by Seller at or 'before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the Contract. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period ffsecond or lesser mortgage; shall provide for right of prepayment in whole or in pan without penalty; shall not permit acceleration or interest adjustment in event of resale of Real Property; shall require all prior lien and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s); and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and loan institutions, or state or national banks located in the county wherein Real Property is located. All Personalty and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified by a registered Florida surveyor. If survey, shows encroachment on Real Property or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, Contra~ covenants or applicable governmental regulation, the same shall constitute a title defect. D. TERMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Ptoper'ty inspected by a Florida Certified Pest Control Operator to determine if there is any visible active termite infestation or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer will have 4 days from date of written notice thereof, within which to have all damages, whether visible or not, inspected and estimated by a licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2% of purchase price. Should such costs exceed that amount, Buyer shall have the option of canceling Contract within 5 days after receipt of contn~__m's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at dosing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act. D. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereof, title to which is in accordance with Standard A. F. LEASES: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to coufum such information. Seller shall, at closing, deliver and assign all original leases to Buyer. 7 G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no imlgovements or repairs to Property for ninety (90) days immediately preceding date of closing. If Property has been improv~l, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing of this ContracL H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. L TIME: Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. J. DOCUMENT FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. IC EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be proraled through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on thc current year's tax with due allowance made for maximum allowable discount, homestead and other .exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January Ist of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. [ftbe improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as often (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior wails do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery arc in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an appropriately Florida license person dealing in thc construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet thc above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shah be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term of Contract with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, tog~her with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of deposit(s). P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or charge which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification tO cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any inmrvening defect except as may be available to Buyer by virtue of warranties contained in the deed. If a portion or the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbu~ement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1989), as amended. Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse BuyeFs performance. If in doubt as to Agent's duties or liabilities unde~ the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a eoun of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying ali parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. IL ATTORNEY FEES; COSTS: In any litigation arising out of this Contract, the prevailing party in such litigation which, for the purposes.of this Standard, shall include Seller, Buyer, listing broker, Buyer's broker and any subagents to the listing broker or Buyer's broker, shall be entitled to recover reasonable attorney's fees and costs. S, FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by buyer and deposit(s) agreed to be paid, may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. AGREEMENT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the panics and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include ali. Notice given by or to the auomey for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise 9 accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller 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. W. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Real Property which are not readily observable by Buyer or which have not been disclosed to Buyer. 10 Memorandum To: David Harden, City Manager Butler, Community Improvement Director Thru: Lula From: Dorothy Ellington, Community Development Coordinator'S" Subject: Conveyance of Two City Owned Lots/Renaissance Program Date: August 12, 1996 ITEM BEFORE THE COMMISSION This is to request approval to execute a contract to convey two City lots for use as subsidy for two income eligible applicants of the City's Housing Renaissance program. BACKGROUND The City acquired two vacant properties in May 1994, at a cost of $9,500 each for use as subsidy in the affordable housing program. These properties are located on Southwest 6th Avenue and legally described as: Lot 2 and Lot 3, Block 22, Subdivision of the North Half (lq 1/2) of Block 22 Town of Linton, according to the Plat thereof recorded in Plat Book 10, Page 38, of the Public Records of Palm Beach County, Florida. The value of the lots will be secured by the City Attorney-approved Promissory Note/2nd Mortgage and recorded on record with the Clerk of the Circuit Court of Palm Beach County. RECOMMENDATIONS Staffrecommends approval to execute the contracts to convey the above listed lots as subsidy under the Delray Beach Renaissance Program. CONTRACT FOR SALE AND PURCHASE PARTIES: The CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of 100 N.W. 1st Avenue, Delray Beach, Florida 3.3444 (Phone: 407-243-7000) and Jeffery and Veronica Bowleg , ("Buyer"), of 760 S.W. 10th Avenue, Delray Beach. Florida 33444 (Phone: ) hereby agree that the Seller shall sell and the Buyer shall buy thc following real property ("Real Property") and personal property' ("Personalty") (collectively for Real Estate Transactions attached ("Standard(s)") and any addendum to this instrument. I. DESCRIPTION: (a) Legal description of Real Property located in Palm Beach County, Florida: Lot 2,Block 22, TOWN OF DELRAY(formerly Map of the Town of lAnr~n) recorded in Plat Book 1~ Page3 and subdivision of the North half of Block 22, Town of Delray Beach, accordin~ to Plat Book 10. Page38. of Palm Razc_h County. (b) Street address, city, zip, of the Property is: (c) Personalty: II. PURCHASE PRICE: .................................... $ 9.500. oo (a) Deposit(s) to be held in escrow by in the the amount of $ (b) Additional escrow deposit within ~ days after Effective Date in the amotmt of $ (c) Subject to AND assumption of mortgage in good standing in favor of having an approximate present principal balance of $ (d) Purchase money mortgage and mortgage note bearing annual interest at __% (see Addendum) herein, in an amount of $ (e) Other: 2nd l%rtgage security for Homebuyer $ 9.500.00 assistance from seller (f) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations $ 0.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before Sept. 20, 1996 , the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. A facsimile copy of this Contract for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. FINANCING: Iq0T g. PPLIC/ITIOIq (a) If the purchase price or any part of it is to be financed by a third-party loan, this Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (1) or (2) or (3)): (1) [] a fixed, (2) . [] an adjustable or (3) [] a fixed or adjustable rate loan within Iq/,q days after Effective Date, at an initial interest rate not to exceed Iq/,q %, term of ~q/,q years and for the principal amount of $ lq/t, buyer will make application within ~/A days after Effective Date and use reasonable diligence to obtain the loan commitment and, thereafter, to meet the terms and conditions of the commitment and close the loan. buyer shall pay .all loan expenses. If Buyer fails to obtain the commitment or fails to waive Buyer's rights under this subparagraph within the time for obtaining the commitment or after diligent effort fails to meet the terms and conditions of the commitment, then either party thereafter by prompt written notice to the other may cancel the Contract and Buyer shall be refunded the deposit(s). V. TITLE EVIDENCE: At least 7 days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (CHECK (1) or (2)): (1) [] abstract of title or (2) [] title insurance commitment and, after closing, owner's policy of title insurance. VI. CLOSING DATE: This transaction shall be closed and the deed and. other closing papers delivered on October 1,1996 , unless extended by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 V2 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose(s). VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. IX. TYPEWRITrEN OR HANDWRITTEN PROVISIONS: Type~tten. or handwritten provisions shall control all printed provisions of Contract in conflict with them. X. RIDERS: (CHECK if any of the following Riders are applicable and are'attaChed to this Contract): a)O Coastal Construction Control Line Rider b)El Condominium Rider c)EIForeign Investment in Real Property Tax Act Rider d)ElInsulation Rider e)E! FHAfVA Rider f)rl Other: XL ASSIGNABILITY: (CHECK (I) or'(2)): Buyer (1)Elmay assign or (2)Elmay not assign Contract. X. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1)His attached OR (2)Elis not applicable. XIII_ TIME IS OF THE ESSENCE OF THIS CONTRACT. XIV. DISCLOSURES: Buyer rlacknowledges or I-ldoes not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosure. __ BUYER'S INITIALS. SELLER: vt~'~ BUYS . City of Delray Beach, Florida - .fL~/~'~--~ By:. By: ~/.' · Jay Alperin, Mayor Print Name: L/e_//:,,~, ,: ~. L. ,5~,.>~,.d ~'~ State of Florida City Clerk County of Palm Beach Approved as to Form: The foregoing instrument was acknowledged before me this I,,~ day of {9.x~ , 19915 by ~(,;~.~.0e.~.' ~~_~' (name' of officer or agent, title of officer or agent) of (name ~f c~orporatio~ 'acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. State of Florida -'~/~-- ~n~,.nl~m~ Deposit(s) under Paragraph II received. IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE: (Escrow Agent) By: 4 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: BUYER: PROPERTY ADDRESS: IXV. SPECIAL CLAUSES (Continued): A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Paragraph L of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or before closing, Seller provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non- Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper form as required by the Regulations, and Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said final determination. In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance with the Regulations, all or such portion of said additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSACTIONS PARAGRAPHS D AND N: The parties hereby agree that the time periods for the inspections referred to in Standard D and Standard N shall be modified to be made within seven (7) days from the effective date of this Contract. In addition to the rights provided to Buyer in Standard D and Standard N, if, for any reason, the Buyer is not satisfied with the results of such inspections, Buyer shall have the right to notify Seller in writing of Buyer's election to terminate this Contract within said seven-day inspection period and receive the return of all deposits made hereunder. 6 ~TANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to-Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date and which shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this transaction the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) ~ title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purbhase price, insuring Buyer's title tO real property, subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be discharged by Seller at or 'before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the Contract. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period if second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall not permit acceleration or interest adjustment in event of resale of Real Property; shall require all prior lien and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s); and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and loan institutions, or state or national banks located in the county wherein Real Property is located. All Personalty and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified by a registered Florida surveyor. If survey, shows encroachmen: on Real Property or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. D. TERMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Control Operator to determine if there is any visible active termite infestation or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer will have 4 days from date of written notice thereof, within which to have all damages, whether visible or not, inspected and estimated by a licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2% of purchase price. Should such costs exceed that amount, Buyer shall have the option of canceling Contract within 5 days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act. D. INGRESS AND EGRESS; Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereof, title to which is in accordance with Standard A. F. LEASES: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such leuer from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for ninety (90) days immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. I. TIME: Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. J. DOCUMENT FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial btatements. K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other ,exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January I st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as often (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term of Contract with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of deposit(s). P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or charge which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification tO cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. If a portion or the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and prOCedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1989), as amended. Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the panics mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdeliver), is due to willful breach of contract or gross .negligence of Agent. R. ATTORNEY FEES; COSTS: In any litigation arising out of this Contraci, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller, Buyer, listing broker, Buyer's broker and any subagents to the listing broker or Buyer's broker, shall be entitled to recover reasonable attorney's fees and costs. S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by buyer and deposit(s) agreed to be paid, may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. AGREEMENT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise 9 accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller 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. W. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Real Property which are not readily observable by Buyer or which have not been disclosed to Buyer. 10 NOTICE ~$ HEREBY GIVEN, t~t tbe City of Delrey Beech, Fldricla, has dofermi~ed to sail the following be- scribe~ prope~y: Lot 2, B~ck 22, TOWN OF DELRAY (f~'me'~y Ma~ of the Town of Linton) recorge~ in P~at Beok 1, Page 3 and s~odivision of t~ North half of B~ock ~2, Town of De}ray Beach, accoraing to the Plaf thereof recorde~ in Pict ~ 10, Page 3~, Public Rec~s of Palm ~each County, Fldr~la. The sale of the probe~y is for public ~ ~rsuant to a contract ontet~ i~te he, mm file City of Oelray Beach a~d Jeffrey a~d Veronica Bowleg. Fur- me. information, as available may be aloteined from tt~e City Manager's Of- rice in the City HaU Iocate~ et 10~ #.W. 1~ Av~l,e, Oelra¥ Beach, Fl~ri. da 334~. T;~e City comm~ion of the City of De~ray Beach, Fldrida shall held a ~olic hearing on the preeos~ sale at rneir regular City CommJssio~ meeting Of Aught 20, 199~ at 7:00 Dm in ~e City Commission Chambers, City Hall. CITY OF OELRAY BEACH AI~ MacGregor Har'~ Oty Oerk Publish: kugusi 6 & 13,1996 The Hews Boca Baton~Delrey Beach Ad t'3751~ NOTICE IS HEREBY GIVEN, City ~ Delray eeech, F~, Lot 2, Eloc~ ~, TOWN OF DEL~Y (~ly ~ ~ ~ T~ ~ Li~) ~, T~ Palm ~ ~n~, ~ ~ ~ V~ ~. Fur- f~e In ~ ~. T~ Cl~ ~mi~ ~1~ ~ ~tic ~ri~ ~i~ ~ k~ ~, 1~ ~t 7:~ ~m in ~ Ci~ Commi~ C~m~, C~ Hill CITY OF DELRAY BEACH Cl~ C~ P~li~; T~ N~ Aa ~51~ CONTRACT FOR SALE AND PURCHASE PARTIES: The CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of 100 N.W. 1st Avenue, Delray Beach, Florida 3.3444 (Phone: 407-243-7000) and Deborah Bell , ("Buyer"), of 1730 Stonehaven Drive Apt. 5, Boynton Beach, F1 33436 (Phone: (561)734-4757 ) hereby agree that the Seller shall sell and the Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively for Real Estate Transactions attached ("Standard(s)") and any addendum to this instrument. I. DESCRIPTION: (a) Legal description of Real Property located in Palm Beach County, Florida: Lot 3, Block 22, SUBDIVISION OF THE NORTH HALF (N1/2) of Block 22, TOWN OF LINTON according to the Plat thereof recorded in Plat Book 10, Page 38, of the Public Records of Palm Beach County, Florida (b) street address, city, zip, of the Property is: NA (c) Personalty: II. PURCHASE PRICE: .................................... $ 95oo (a) Deposit(s) to be held in escrow by in the the amount of $ (b) Additional escrow deposit within __ days after Effective Date in the amount of $ (c) Subject to AND assumption of mortgage in good standing in favor of having an approximate present principal balance of $ (d) Purchase money mortgage and mortgage note bearing annual interest at __% (see Addendum) herein, in an amount of $ (e) Other: 2nd Mortgage security for Homebuyer $ 9500 assistance from seller. (f) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations $ 0 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before Sept. 20, 1996 , the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. A facsimile copy of this Contract for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. FINANCING: NOT APPLICABLE (a) If the purchase price or any part of it is to be financed by a third-party loan, this Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (1) or (2) or (3)): (1) [] a fixed, (2) . [] an adjustable or (3) [] a fixed or adjustable rate loan within NA days after Effective Date, at an initial interest rate not to exceed N,~ %, term of NA years and for the principal amount of $ ~qA buyer will make application within ~qA days after Effective Date and use reasonable diligence to obtain the loan commitment and, thereafter, to meet the terms and conditions of the commitment and close the loan. buyer shall pay .all loan expenses. If Buyer fails to obtain the commitment or fails to waive Buyer's rights under this subparagraph within the time for obtaining the commitment or after diligent effort fails to meet the terms and conditions of the commitment, then either party thereafter by prompt written notice to the other may cancel the Contract and Buyer shall be refunded the deposit(s). V. TITLE EVIDENCE: At least 7 days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (CHECK (1) or (2)): (1) [] abstract of title or (2) ~] title insurance commitment and, after closing, owner's policy of title insurance. VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on October 1, 1996 ., unless extended by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose(s). VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their 2 existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. X. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this Contrac0: a)E1 Coastal Construction Control Line Rider b)[] Condominium Rider c)[] Foreign Investment in Real Property Tax Act Rider d)l-1 Insulation Rider e)[3 FHA/VA Rider f)r'l Other: XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1)Elmay assign or (2)13may not assign Contract. X. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1)ISis attached OR (2)Flis not applicable. XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. XIV. DISCLOSURES: Buyer [] acknowledges or ~]¢does not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosure. BUYER'S INITIALS. SELLER: BUYER: City of Delray Beach, Florida · ..~~,w~ ~;~L~. ~. ~ By: By: Jay Alperin, Mayor Print Name: .~.)~~,_/q [~1 {,~ ~i// A~EST: State of Florida Ci~ Clerk Co~ty of Palm Beach Approved as to Fora: The foregoing ins~ment w~ ac~o~edged before me this -i day of d (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to ~ ~,~ss~0t~ .. (type of identification) as identification and:..../-; ~ ?;.~v,~. ~o .e.e,O~.~,,~_ did (did not) take an oath. "///~/~t./C, S~?:~ State of Florida C~~CE: (E~cmw ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: BUYER: PROPERTY ADDRESS: IXV. SPECIAL CLAUSES (Continued): A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Paragraph L of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or before closing, Seller provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non- Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper form as required by the Regulations, and Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said final determination. In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance with the Regulations, all or such portion of said additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSACTIONS PARAGRAPHS D AND N: The parties hereby agree that the time periods for the inspections referred to in Standard D and Standard N shall be modified to be made within seven (7) days from the effective date of this Contract. In addition to the rights provided to Buyer in Standard D and Standard N, if, for any reason, the Buyer is not satisfied with the results of such. inspections, Buyer shall have the right to notify Seller in writing of Buyer's election to terminate this Contract within said seven-day inspection period and receive the return of all deposits made hereunder. 6 STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to-Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date and which shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this transaction the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be discharged by Seller at or 'before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the Contract. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period if second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall not permit acceleration or interest adjustment in event of resale of Real Property; shall require all prior lien and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s); and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and loan institutions, or state or national banks located in the county wherein Real Property is located. All Personalty and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, ma.v have Real Property surveyed and certified by a registered Florida surveyor. If survey, shows encroachment on Real Property or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. D. TERMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Control Operator to determine if there is any visible active termite infestation or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer will have 4 days from date of written notice thereof, within which to have all damages, whether visible or not, inspected and estimated by a licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2% of purchase price. Should such costs exceed that amount, Buyer shall have the option of ca~celing Contract within 5 days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act. D. INGRESS AND EGRESSl Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereof, title to which is in accordance with Standard A. F. LEASES: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for ninety (90) days immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. L TIME: Time periods herein of less than six (6) days shall in thc computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of thc next business day. J. DOCUMENT FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. IC EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other .exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1 st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement.. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer repons such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. 8 O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term of Contract with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of deposit(s). P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or charge which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification tO cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. If a portion or the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1989), as amended. Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. R. ATTORNEY FEES; COSTS: In any litigation arising out of this Contrac/, the prevailing party in such litigation which, for the purposes.of this Standard, shall include Seller, Buyer, listing broker, Buyer's broker and any subagents to the listing broker or Buyer's broker, shall be entitled to recover reasonable attorney's fees and costs. S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by buyer and deposit(s) agreed to be paid, may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. AGREEMENT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph Vll and those otherwise accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller 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. W. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Real Property which are not readily observable by Buyer or which have not been disclosed to Buyer. 10 NOTICE IS HEREBY GIVEN, that the City of Oelray Beach, Florida, has ~L. torminecl to sell ~ toUowing scribe~ proges'ty: Lot 3,' Block 22, SUBDIVISION OF THE NORTH HALF (N~,~) of BlOck 22, TOWN OF LINTON, according to the p~ot ttereof recor~ec~ in Plat Book 10, page 3~, of the P~lic Records of Palm Beach County, F~orida. T~e sale of file prol~ is for Dublic ~urpese pursuant to a coetract enter~ ~ be'meal the City of Delray Beach and Oeeorah Belt. For further intor- marion, as available may b~ obtainea from rte City Manager's Office in City Hall )ocote~ at 1(~ N.W. 1st Avenue, Delray Beach, F~ori~a 33~1. Tn City Commissio~ of the City of Delray Beach, F~oricla shalI helci a public hearing On the prl~oesec~ sale at their regular City Commissioe meeting of August 20, 1996 ot 7:00 pm in the City Commissio~ Chembers, City Hall CITY OF DELRAY BEACH Alisou MacGregor Harry City Clerk Pu~Jish: August 6 & 13,1996 The Ne~s BOca Roto~Delray Beach Ac~ ~375179 NOTICE I$ HEREBY GIVEN, ~t ~ Clfy o~ Delra¥ Be~ch, F~'i~, /~ L~ 3, B~k ~, SUBDIVISIO~ OF THE NORT~ HALF (N~J ~ B~k ~, TOWN ~ LINTON, K~t~ ~ ~ Plat ~ ~ iff ~l~t ~ 10, T~g~ Is~lic ~ri~ ~ ~ ~ g~ it ~ir Commigi~ C~m~, C~ Hall CITY OF DELRAY BEACH T~ N~ MEMORANDUM To: Alison MacGregor-Hart. City Clerk Thru: Lull Butler, Community Improvement Directo~B From: Dorothy Ellington, Community Development Coordinator. Subject: Sale of Two City Owned Lots/Renaissance Program Date: August 2, 1996 Please publish the attached articles in the August 6th and 13th issue of The News. The Community Development Division would like an Affidavit of Publication along with a copy of the published article for our records. If you require additional information or if clarification is needed, call me at ext.7282. Thank you for your assistance. NOTICE OF INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Dekay Beach, Florida. has determined to sell the following described property: Lot 2, Block 22, TOWN OF DELRAY (formerly Map of the Town of Linton) recorded in Plat Book 1, Page 3 and subdivision of the North half of Block 22, Town of Delray Beach, according to the to the Plat thereof recorded in Plat Book 10, Page 38, Public Records of Palm Beach County, Florida. The sale of the property is for public purpose pursuant to a contract entered into between the City of Delray Beach and Jeffery and Veronica Bowleg. Further information, as available, may be obtained form the City Manager's Office in the City Hall located at 100 N.W. 1st Avenue, Delray Beach, Florida 33444. The City Commission of the City of Delray Beach, Florida shall hold a public heating on the proposed sale at their regular City Commission meeting of August 20, 1996 at 7:00pm in City Commission Chambers, City Hall. NOTICE OF INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Defray Beach, Florida. has determined to sell the following described property: Lot 3, Block 22, SUBDIVISION OF THE NORTH HALF (N1/2) of Block 22 ,TOWN of LINTON, according to the Plat thereof recorded in Plat Book 10, Page 38, of the Public Records of Palm Beach County, Florida The sale of the property is for public purpose pursuant to a contract entered into between the City of Delray Beach and Deborah Bell. Further information, as available, may be obtained form the City Manager's Office in the City Hall located at 100 N.W. 1 st Avenue, Defray Beach, Florida 33444. The City Commission of the City of Defray Beach, Florida shall hold a public hearing on the proposed sale at their regular City Commission meeting of August 20, 1996 at 7:00pm in City Commission Chambers, City Hall. MEMORANDUM TO: MAYOR AND CITY Cf~9~I$SIC~RS FRf~: CITY MANAGER ~ LEVY P~DPERTY LAND USE ~LTIONS ~ATE: SEPTEMBER 12, 1996 This is before the Commission to consider on first reading two ordinances which will effectuate the land use actions included as part of the settlement agreement between Mr. and Mrs. Levy and the City. The p=operty is located on the east side of South Federal Highway, betw~e~ Avenue F and Avenue G, and contains 1.086 acres. Ord/nance No. 41-96 provides for a small scale Future Land Use Map (FLUM) amendment from Transitional to General Cc~mercial, while Ordinance No. 42-96 rezones the property frc~ POD (Professional and Office District) in part and RM (Medium Density Residential) in part to ~AD (Special Activities District). The Planning and Zoning Board considered the matter at public hearing on August 19, 1996, and voted unanimously to recommend as follows: (1) Approve the Small Scale Future Land Use Map Amendment from Transitional to General Commercial for the Levy property based upon positive findings with respect to Chapter 3 (Performance StaDa~ds) of the Land DeveloI~ent Regulations, and policies of the Comprehensive Plan, with the finding that the potential benefits of the develolm~ent proposal outweigh the conflicts with Future Land Use Element Policy A-2.4 of the Comprehensive Plan. (2) Approve the rezoning request to SAD and the atteDd~nt site plan based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(D) (5) (Rezoning Findings), and Section 2.4.5 (F) (5) (Site Plan Findings) of the LDRs, and policies of the Comprehensive Plan, and subject to the conditions outlined in staff documentation. Rec~m.~end approval of Ordinance NO. 41-96 ar~ Ordinance NO. 42-96 on first reading. If passed, quasi-judicial hearings will be scheduled for October 1, 1996. ref:agmemol8 ~ ~- O ORDINANCE NO. 41-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATIC~g IN THE COMPREHENSIVE PLAN FRC~ TRANSITIONAL TO GENERAL ~IAL, FOR A PARCEL OF LAND KNC~/g AS THE LEVY PROPERTY LOCA~ ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY (U.S. HIGH~AY #1), BETWEEN AVENUE F AND AVENUE G, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCAT.m. LAND USE PLAN AMEA~MEN'/~; PROVIDING A GENERAL REPEA?.F.R CLAUSE, A SAVING CLAUSE, AND WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as Transitional; and WHEREAS, at its meeting of August 19, 1996, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item at public hearing and voted unanimously to recommend approval of the small scale FLUM amendment, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Cc~prehensive Plan be amended to reflect the revised land use designation of General Commercial. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as follows: Lots 1-5, inclusive, less the west 38 feet thereof, and Lots 13-24, inclusive, in Block 24, DEL RATON PARK, and together with abandoned 10 foot alley lying east of Lots 1-5 (abandoned by resolution in O.R. Book 1754, Page 612) and together with abandoned 10 foot alley east of Lot 23 (abandoned by resolution in O.R. Book 4053, Page 744), all in Block 24, DEL RATC~ PARK, according to the Plat thereof as recorded in Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida (the "Levy Property") . The subject property is located on the east side of South Federal Highway (U.S. Highway #1), between Avenue F and Avenue G; containing 1.086 acres, more or less. Section 2. That the Future Land Use Map designation for the subject property in the Comprehensive Plan is hereby changed from Transitional to General Commercial. Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c)4. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. ~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 6. That this ordinance shall become effective thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Azlministration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Plann/ng, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR A~: City Clerk First Reading Second Reading - 2 - Ord. No. 41-96 DAN BURNS ALL^MANDA ORIVF OLDSMOBILE MILLER PARK ED MORSE CADILLAC BANYAN DRIVE .... o OC ~1~ DELRA Y · SHER PALZA CYPRESS DRIVE 0 SHER WOOD P ON TIA C BUCKY DENT'S oo6woo0 BASEBALL SCHOOL OS R ED MORSE USED CARS TRoPiC z DR ~ OELRAY TOYOTA MORSE SA TURN HYACINTH DRIVE DUMAR tPMENT PLAZA EAS TVIEW AREA .6 MOBILE VILLAGE LDR HOMES CL~ SHERWOOD HONDA o C DELRA Y SHOPPING m6 MOBILE CENTER JASMINE OR)V~ N F.L.U.M. AMENDMENT FOR LEVY PROPERTY ] ~^..,.,: o~:,.^...,.,.,,,:,,,,~ FROM: -TRANSITIONAL- TO: -GENERAL COMMERCIAL- OTY Og OELRAY OEACll. FI -- D/C/rA/. 0A5£ ~ 5~Er£~ -- uy, P R£F: ORDINANCE NO. 42-96 AN ORDINANCE OF THE CITY CC~94ISSI~N OF THE CITY OF DELRAY BE~H, FLORIDA, REZC~gING AND PLACING LAND PRESENTLY ZG~ED POD (PROFESSIONAL AND OFFICE DISTRICT) IN PART, AND RM (MEDIUM DENSITY RESIDENTIAL) IN PART, ENTIRELY INTO AN S. A.D. ( SPECIAL ~/~fMTIES DISTRICT) ZONING CLASSIFICATI(~; SAID PROPERTY LOCATED NORTH OF AVENUE G AND SOUTH OF AVENUE F, EAST OF FEDERAL HIGH~AY (U.S. #1) AND WEST OF FREDERICK BOULEVARD, AS ~DRE PARTICULARLY DESCRIBED HEREIN; PROVIDING A SAVING CLAUSE, A GENERAL REPF~LmR CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is located in the City of Delray Beach, Florida, and is known as the "Levy Property"; WHEREAS, the Levy Property has historically been used for commercial motor vehicle related purposes, inclua{ng sales, rental and leasing of motor vehicles; and WHEREAS, the property owner desires that the property be rezoned to SAD to allow as permitted and principal uses the following: (i) vehicle sales, rental and leasing with no service component, and (ii) vehicle wash establisk~ent and detailing, and the property owner has filed the appropriate applications to accomplish the rezoning; and WHEREAS, the City recognizes the unique history of this site as a location for motor vehicle related business; and WHEREAS, the property owner has worked with neighboring residential associations to permit the above uses on the property, which the City and said neighborhood associations have found is compatible with the surrounding residential neighborhoods and will not create adverse impacts; and WHEREAS, the property owner has agreed to install a mitigating wall and landscaping along the w~stern edge of the right-of-way for Frederick Boulevard; and WHEREAS, pursuant to the City of Delray Beach Land Development Regulations, the Planning and Zoning Board acting as the Local Planning Agency on August 19, 1996, held a public hearing on the Levy rezoning application and unanimously voted a recommendation of approval of the request to the City Commission, subject to conditions; and WHEREAS, the Planning and Zoning Board has determined and the City Commission concurs, that the change in zoning furthers the objectives and policies of the City of Delray Beach Comprehensive Plan. NC~, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI~ OF THE CITY OF D~mAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the S.A.D. (Special Activities District) as defined in Section 4.4.15 of the LaD~ Develo~ent Regulations of the City of Delray Beach, to-wit: Lots 1-5, inclusive, less the w~st 38 feet thereof, and Lots 13-24, inclusive, in Block 24, DEL RATON PARK, and together with abandoned 10 foot alley lying east of Lots 1-5 (abandoned by resolution in O.R. Book 1754, Page 612) and together with abandoned 10 foot alley east of Lot 23 (abandoned by resolution in O.R. Book 4053, Page 744), all in Block 24, DEL RATON PARK, according to the Plat thereof as recorded in Plat Book 14, Page 9 of the Public Records of Palm Beach County, Florida (the "Levy Property" ). The subject property is located on the east side of South Federal Highway (U.S. Highway #1), between Avenue F and Avenue G; containing 1.086 acres, more or less. Section 2. Principal Uses and Structures Permitted: That the uses which are hereby approved as the permitted and principal uses for the Levy Property pursuant to Section 4.4.25 (B) (1) and shall collectively constitute the SAD project for purposes of Section 4.4.25(C)(3) of the Land Develolanent Regulations of the City, are the following uses: (1) Vehicle sales, leasing, and rental with no service component, (2) Vehicle wash establishment and detailing. Only one of the Principal Uses [(1) or (2)] may exist on the Levy Property at any one time. Section 3. Accessory Uses and Structures: ~ne following uses are allowed when a part of, or accessory to, the Principal Uses: (!) Parking lots for customers, employees, temporary storage of vehicles awaiting vehicle preparation for delivery to customer or preparation for display, and for the display of vehicles. (2) Refuse and delivery/loading areas. -2- Ord. No. 42-96 (3) Storage of inventory (other than vehicles which shall be outside) either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are m~t shared or leased independent of the primary commercial use of the site. (4) Vehicle preparation area. Section 4. Current and Future Site Plans. The Planning and Zoning Board recommended to the City Commission approval of the Levy site plan subject to conditions and with certain waivers. The City Commission hereby accepts said recommendation and approves the Levy site plan subject to the conditions and waivers recommeD~ed by the Planning and Zoning Board. The develolmnent of and improvements to the Levy Property shall be in accordance with said approved site plan and atteDd_~nt coD~itions, subject to review of landscaping and elevations by the Site Plan Review and Appearance Board ( "SPRAB" ). The City Commission hereby makes the City's finding of cempatibility required in Section 2.4.5 (F) (5) of the r~nd Development Regulations. The approved site plan referred to herein is the site plan prepared by James A. Johnson, Architect, dated 8/13/96 as revised site plan prepared by James A. Johnson, Architect, dated 8/27/96. All amendments to the approved site plan and new site plan sutmnissions for either of the Principal Uses shall be subject to review by SPRAB in accordance with the provisions hereof. If the City hereafter amends the Land DeveloFment Regulations to change the Board that reviews site plan applications or rezoning applications, the applications which may be suhnitted by the property owner of the Levy Property shall be submitted to the newly designated Board instead of the Board named herein. Section 5. Est~ablishment and Vesting: The "SAD project" for the purposes of vesting pursuant to Section 4.4.25(C)(3) of the Land Development Regulations shall include, collectively, both of the Principal Uses set forth in Section 2 above. After the approval of the pending site plan application for the Levy property to allow vehicle sales, leasing, and rental with no service component, the Levy property shall be vested for the SAD project, meaning for both of the Principal Uses set forth in Section 2 above, provided that, within 18 months (or such extended time period as may be approved by the City) from the date that the site plan approval becomes final, improvements representing twenty-five percent (25%) of the total cost of all improvements to be used in developing the approved site plan have been constructed. Section 6. Specia! Regulations: The following establishes special development regulations specifically for this S.A.D. in addition to those regulations as otherwise provided in the City's Land Develotxaent Regulations - 3 - Ord. No. 42-96 (A) Special Requlations (1) The main entrance and exit from the property shall be placed on U.S. 1/Federal Highway. (2) SecoD~y entrances/exits may be placed on Avenue G and Avenue F. (3) A six foot high wall shall be constructed and maintained along the w~st right-of-way line of Frederick Boulevard. (4) The wall shall be appropriately landscaped and lighted. (5) All utilities shall be placed underground. (6) All signage shall be reviewed and approved by the Site Plan Review and Appearance Board ("SPRAB"). (7) sale, lease, or on property The rental of automobiles the shall comply with the LDR Section 4.4.10(G), "Supplemental District Regulations", of the AC (Automotive Commercial) zoning district. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. ~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 9. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR ATI~ST: City Clerk First Reading Second Reading - 4 - flrd. No. 42-96 DAN BURNS ALLAMANDA OLDSMOBILE MILLER PARK ED MORSE CADILLAC i3ANYAN ORIV~ 081:1 DELRA Y SHERWOOD PALZA CYPRESS DRIVE SHERWOOD PON TIA C BUCKY DENT'S- OOGWOOD BASEBALL SCHOOL ED MORSE USED CARS TROPIC DELRA Y TOYOTA C MORSE SA TURN HYACINTH DUMAR PLAZA EASTVIEW MOBILE VILLAGE HOMES A C sHERWOOD HONDA DELRA Y SHOPPING CNN TER JASMINE MOBILE HOMES [ . ~ REZONING OF LEVY PROPERTY ~,,....o.~.,,..,.~.. FROM' -POD- &: -RM- TO: -SAD- OI'Y O~ D[LRAY D[AClt, FL TO: DAVID T. HARDEN, CITY MANAGER THRU: D MINGUEZ, DI zo.,.o FROM: J/EJF~EY A. CO~ELLO ~EN~R P~NNER SU~ECT: MEETING OF SEPTEMBER 17, 1996 SMALL-SCALE FUTURE ~ND USE MAP AMENDMENT FROM T~NSlTIONAL TO GENE~L COMMERCIAL. AND REZONING FROM POD (PROFESSIONAL AND OFFICE DISTRICT) AND RM (MEDIUM DENSI~ RESIDENTIAL) TO SAD (SPECIAL ACTIVITIES DISTRICT) FOR THE LE~ PROPERS. The action requested of the City Commission is that of ap_~roval on first reading of an ordinance changing the Future Land Use Map designation from Transitional to General Commercial, and rezoning from POD (Professional and Office District) and RM (Medium Density Residential) to SAD (Special Activities District) for the Levy Property. The subject property is located on the east side of South Federal Highway, between Avenue F and Avenue G. On October 5, 1992, Barbara and Stanley Levy, owners of the subject property filed suit in the Circuit Court of Palm Beach County against the City of Delray Beach to have the property rezoned for an auto related use. In order to avoid a trial, the two parties entered into an agreement. On May 14, 1996, a Settlement Agreement between Barbara and Stanley Levy and the City of Delray Beach was executed which states that the applicant will seek approval to establish City Commission Documentation Meeting of September 17, 1996 Small-Scale FLUM Amendment to General Commercial and Rezoning to SAD for the Levy Propert~ Page 2 either (I) vehicle sales, rental and leasing, with no service component; or (Il) a vehicle wash establishment and detailing, with no two uses being conducted at any one time. The City agreed to process a Future Land Use Map Amendment and Rezoning to SAD (Special Activities District) with an attendant site plan, which are now before the City Commission for action. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. I On August 19, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was public testimony both in support of and in opposition to the requests. Two property owners from the Tropic Isles subdivision spoke in support of the requests. Sam Thorpe, realtor representing George Paton the property owner just south and west of the Levy Property, opposed the rezoning unless the same zoning is applied to his client's property. 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) with conditions. It is noted that a revised site plan has been submitted addressing the site plan technical items listed in the staff report. By Separate Motions: A. Recommend to the City Commission approval of the Small-Scale Future Land Use Map Amendment from Transitional to General Commercial for the Levy Property based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, and policies of the Comprehensive Plan, that the potential benefits of the development proposal outweigh the conflicts with Future Land Use Element Policy ^-2.4 of the Comprehensive Plan. B. Recommend to the City Commission approval of the rezoning request from POD and RM to SAD and attendant site plan based upon positive findings with respect to Chapter 3 (Performance Standards), Section City Commission Documentation Meeting of September 17, 1996 Small-Scale FLUM Amendment to General Commercial and Rezoning to SAD for the Levy Property Page 2 2.4.5(D)(5) (Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the following conditions: 1. That the site lighting be reduced to comply with LDR Section 4.4.10(G)(6) (Lighting Restrictions) and a revised photometrics plan submitted; 2. That appropriate utility easements be provided for the water and sewer mains within abandoned Frederick Boulevard; 3. That a cross-access easement or other manner to combine the lots acceptable to the City Attorney be executed and recorded; 4. That the restrictive covenants for the Levy Residential Property lying east of the subject property (Lots 11-19, Block 35 and abandoned Frederick Boulevard), be executed, prior to issuance of any building permits; and, 5. That the Resolution abandoning Frederick Boulevard be recorded. Attachments: [3 Letters of Support and Objection [3 P & Z Staff Report and Documentation of August 19, 1996 [3 Ordinance by Others / 05/~ 13:16 ~407 243 3774 CITY/DEI.PAY BCI~ ~3 ct~ ~1~ ~h, ~ 3~ ~ ~ of ~ seC~l~C ~c for ~ ~ ~y ~ ~tc hy ~ a s~Ct~C of c~ ~t~ 1 l Ct~Ct~ ~ch ~ ~s for ~e ~e of c~ p~~ ~o ~ f~ v~icle ~les~ ~Cat, a~ l~sL~, ~Ch ~ ae~ce c~c; or as a car ~sh ~ ~Cai~i~ escablis~n:. ~~ ~r~ ~tc ~y a~ ~pic Isle ~C in early ~ril to ~ c~ seCtl~ a~e~C. ~r c~C ~s s~J~t to ce~atn c~iCi~ a~ ~se c~i:l~ ~ve b~ a~ss~. A ve~ si~tfi~C pr~si~ ~lates Co t~ de~ ~sC~cCi~ ~tch C~ ~s ~ a&r~ to in c~ secc~c ~~t Co p:ace ~ . C~r ~~y 1~ ease of u~ ~sc ri~t of my lt~ of F~e~ck St~. co resctlc: ~ a~laCe ~. ~ ~ect~ ~ch ~r ~taci~ Co r~eive C~ ~ft: o: ~r ~c ~ch ~ ~ s~ral ~asi~s ~et t~ ~st tw y~rs (sCa~l~ m~ ~cRs ~ ~v~e ~f c~ ~ssi~ ~tt~ m Feb. 7, 1~5) co ~ su~ t~C ~r c~e~ for ~ ~CCl~C ~~: i~l~tng Site ~ is Che cul~Ci~ of Chis 1~ p~ss. ~ ~ of ~r~:ors ~e r~~ a~ a~~ c~ site u~an a~ :~ ~ccl~ e~nu a~ ac Chis Ct~ ~te a~ ~:h y~r a~a~ of ~. ~ or y~r ~~Ci~ in re~ Co ~S Sincerely y~drs, Tropic Bay Gondomitflum Assoc~a~ion cc: Con~Lssio~ ~ers CiCy ~4anager Roger Saberson lSLt Clvic~tlon P-O. Box 24?3 April 30, Mu..yur Alperin &nd Uembers uf the Commise,on City Hall LO0 N.#. ~8t Avonue De/ra~ Beach, F~ 33444 Re: Trnptc rsle Civic Assoot~tton Approval of the ~e=~iamenL AKreemant for tho LOVY eroperty ~ar ~r. Mayor and Members Of the Commission, On February ?, 1995 aL the request of Mr. i,OV~ a~d with the consent o£ Tropic Bay and Tropic isle, the City Commission voted to have the staff work out the terms of ~ set~lesent of the Deeding llti~ation with tho I, evys for the u~o O~ Lhu ocopert~ for vehiolo sales, rental and ioasln&, with no service component, or v~hicio wash establishment a~d detailing. .¥ Mombers from the TrODIC Isle Civic AssOctaL~on met in early ADcLI 1996 to review the settlement agreement ~copoaed by Mr. Levy. Our co, sent was subjeot ~o certain conditiuaa and these conditions have been addressed in the of a dead restriction which the Levys have a~rood ~o place on their property located east flf Frorodick Boulevard to rost. rkct this property to res~dential use in perpetuity, we apprecia=e ~r. Levy's efforts to moot with us and receive the benefit of our ~npt~t. ~r. Levy has ~one beyond merely req~esti~8. }~put but ha~ met with ua on several OGeeS%OaS over the DGSL Lwo years to be sure that our concerns wore being addressed. (~r boacd of directors h~ve £evlewfld ~nd approved the site Dian and settlement ag~eemo~ ~s ~ted 4/30/06. Thank you ~or ~ouc oooperatton ~n rc~a~d to this manner. WllLl&m J. President. TroDto rsle Civic ASSOOtBt~O~I August 19, 199G City of Delray Beach JeX£ Cos%silo - Planning Dept. Jack Lupo Realty, Inc. Property in Dei Raton Park Block 24 Lots 6 thru 12 , owned by George Paton We have asked Sam Thorpe to represent· Us at the Zoning Board ' Meeting with reference to File #96-20& and 96-209. We obJeot to the zoning ohange un,ess we could be granted the same type of releiX so that 6u~ property could be zoned similar %o the surrounding property,. .. -.. Oeorge Paton " ",._ / PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 19, 1996 AGENDA ITEM: V.B. ITEM: Future Land Use Map amendment from Transitional to General Commercial, and Rezoning from POD (Professional and Office District) and RM (Medium Density Residential) to SAD (S~)&~ial Activities District) for the Levy Property, Located at the southeast comer of South Federal Highway and Fladell's Way (Avenue F). GENERAL DATA: Owner/ApplicanL ........................ Stanley & Barbara Levy Agents ................... · ..................... Roger Saberson & James Johnson Location ...................................... Southeast comer of South Federal Highway and Fladell's Way (Avenue F). Property Size .............................. 1.086 Acres Existing Future Land Use Map Designation ................................. Transitional Proposed Future'Land 'UseMap ........ Designation ................................. General Commercial Current Zoning ................... . ......... POD (Professional and Office District) and RM (Medium Density Residential) Proposed Zoning ........................ SAD (Special Activities District) Adjacent Zoning ................ North: AC (Automotive Commercial) East: RM South: POD and RM West: AC Existing Land Use ....................... A vacant used car dealership (formerly Auto Ranch) and vacant land. Proposed Land Use .................... Establishment of vehicle sales, rental and leasing facility, with no service component, along with .construction of 900 sq.ft, building addition, installation of parking and associated landscaping. Water Service ....................... ::...; Existing on-site Sewer Service ............................ Existing on-site. The action before the Board is that of making a recommendation on a Small-Scale Future Land Use Map Amendment from Transitional to General Commercial and rezoning .from POD (Professional and Office District) and RM (Merdid'm Density Residential) to SAD (Special Activities District) with an attendant site plan for the Levy Property, pursuant to Section 2.4.5(D). The subject property is located on the east side of South Federal Highway, between Fladell's Way (Avenue F) and Avenue G, and is formerly known as the Auto Ranch used car dealership. Pursuant to Section 4.4.25(C)(1), all SADs are established via an ordinance processed as a rezoning. Further, pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board) shall review and make recommendations to the City Commission with respect to the rezoning of any property within the City. The subject property incorpOrates Lots 1-5, 13-24, the abandoned 10' wide alley between Lots 1-5 and Lot 24, and the abandoned 10" wide alley between Lot 23 and Lots 18-22, Block 24, DeI-Raton Park Subdivision, consisting of 1.086 acres. Prior to July, 1989, the subject property was in unincorporated Palm Beach County. A portion of the property was occupied by the Auto Ranch used car dealership which vacated the site prior to 1989. During the Enclave annexations, the Planning and Zoning Board recommended approval of the annexation and initial zoning for the property as part of Enclave 50 on June 19, 1989. At that time an alternative zoning for Lots 1~5 of either GC (General Commercial) or SC (Specialized Commercial) was presented. The SC altemative was advertised in anticipation of the property owner requesting to retain the potential for auto related uses. At the time the property was unoccupied and a staff recommendation for GC was put forth, which was consistent with the then Commercial land use designation. Subsequently, on July 25, 1989, the subject property was annexed into the City with the GC zoning designation, in part (Lots 1-5), and RM (Medium to Medium High Density Dwelling) zoning designation, in part (Lots 13-24, and abandoned alleys), as part of the annexations conducted via the Enclave Act (via Ordinance No. 38-89). Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 2 With the adoption of a new Citywide Future Land Use Map on November 28, 1989, the Transitional land use designation was affixed to the subject property (Lots 1-5, Lots 13-24, and abandoned alleys). Thus, the GC zoning on Lot 1-5 then became inconsistent with the underlying Transitio.na! Land Use Map designation. In October 1990, Citywide rezonings were implemented to obtain consistency between the Zoning and Future Land Use Maps. At that time, Lots 1-5 were rezoned from GC to PC (Planned Commercial) along with other commercial properties abutting Federal Highway, directly to the south, while the balance of the property remained zoned RM. However, the PC zoning designation was inconsistent with the Transitional land use designation. In February 1991, as part of the City's annual Comprehensive Plan Amendment 91-1, the owner of Lots 1-5 (Mr. Levy) sought a land use change from Transitional to General Commercial. On Apdl 22, 1991, the Planning and Zoning Board recommended approval of the Future Land Use Map amendment from Transitional to General Commercial. However, on April 30, 1991, the City Commission denied the request. On July 9, 1991, the City Commission initiated a zoning change for Lots 1-5 from PC to POD (Professional and Office District) or another zoning designation consistent with the Transitional land use designation. The rezoning also included Lots 6-10, Block 24 (Paton property), which were also previously, utilized by the Auto Ranch dealership', and-Lots 1--'12 and Lots 26 and 27, Block 25 (Colombi property), which contained commercial uses (i.e. insurance office, limousine service, pool/spa/diving supply retail use). At its meeting of August 19, 1991, the Planning and Zoning Board recommended denial of the rezoning from PC to POD, as the Board felt it was more appropriate to amend the Future Land Use Map to General Commercial and increase the depth of the commercial properties to allow for a well-planned commercial development. On September 10, 1991, the City Commission approved the rezoning from PC to POD. On October 5, 1992, Barbara and Stanley Levy, owners of the subject property filed suit in the Circuit Court of Palm Beach County against the City of Delray Beach to have the property rezoned for an auto related use. In order to avoid a tdal, the two parties entered into an agreement. On May 14, 1996, a Settlement Agreement between Barbara and Stanley Levy and the City of Delray Beach was executed which states that the applicant will seek approval to establish either (I) vehicle sales, rental and leasing, with no service component; or (11) a vehicle wash establishment and detailing, with no two uses being conducted at any one time. The City agreed to process a Future Land Use Map Amendment and Rezoning to SAD (Special Activities District) with an attendant site plan. On July 3, 1996, a request for a Future Land Use Map amendment from Transitional to General Commercial, and rezoning from POD and RM to SAD Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 3 (Special Activities District) with an attendant sketch plan were submitted and are now before the Board for action. The proposal is to change the Future Land Use Map designation from Transitional to General Commercial and rezone the property from POD (Professional and Office District) and RM (Medium Density Residential) to SAD (Special Activities District). The proposed permitted uses to be conducted on the subject property, and the associated restrictions are as follows: I.' Vehicle sales, rental and leasing, with no service component; II. Vehicle wash establishment and detailing. Only one Permitted Use may exist on the property at any one time. This development proposal is to establish a vehicle sales, rental and leasing facility, with no service component, consisting of the following: El Removal of the existing concrete fence on the east half of the property; ElConstruction of a 900 sq.ft, building additic~n to the east side of the existing 600 sq.ft, structure; El Reconfiguration of the existing parking area and installation of a new parking area on the east side of the property to accommodate a total of 88 parking spaces, 46 of which are bullpen spaces, and a loading area; 13 Installation of site lighting throughout the site; ElConstruction of Fladell's Way and Avenue G to City Standards, with a turnaround area to be provided at the east end of Fladell's Way; ElConstruction of a 6' high wall along the east, south, and a portion of the west sides of the property; and, El Installation of a dumpster enclosure and associated landscaping to -' ..... ' meet code~ The proposal involves waiver requests regarding the right-of-way dedication [LDR Section 5.1.3(D)(2)] and installation of a sidewalk [LDR Section 6.1.3(B)]. Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 4 This Future Land Use Map Amendment is being processed as a Small Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendment (twice a year), subject to the following conditions: The amendment does not exceed either 10 acres of nonresidential land or 10 acres of residential land with a density of 10 units per acre or less; 13 The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, The proposed amendment does not involve the same owner's property within 200 feet of property granted a change within a period of 12 months. The land use map amendment involves 1.086 acres, thus the total area is less than the 10 acre maximum for nonresidential land uses. This amendment along with other small-scale amendments processed this year will not exceed 60 acres. This property has not previously been considered fora 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. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Land Use Element PolicY A-2.4 - Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suits the community's future development, the following shall be adhered to: 13 Auto related uses shall not be permitted in the .CBD Zone District or within the geographic area along Federal Highway which extends four " ....... ' blocks north an~ three blocks south of Atlantic Avenue. 13 Automobile dealerships may locate and/or expand west of Federal Highway, or between the one-way pair system (except as restricted above). Automobile dealerships may locate and/or expand east of Federal Highway, only north of N.Eo 6th Street, except within the area Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Re. zoning from RM and POD to SAD Page 5 lying east of Federal Highway north of N.E. 8th Street, or parcels fronting on N.E. 8th Street (George Bush Boulevard), and south of the north border of the Flea Market property. Within such excluded area, automobile dealerships may not locate or expand= ....New dealerships shall not locate nor shall existing dealerships expand south of N.E. 6th Street provided however, that automobile dealerships south of N.E. 6th Street may expand onto adjacent property which is currently in an auto related use and which is zoned to allow such use. El Auto related uses which involve the servicing and repair of vehicles, other than as a part of a full service dealership, shall be directed to indUstrial/commerce areas. The development proposal is inconsistent with this Policy, as the subject property is located east of Federal Highway, south of N.E. 6th Street, and is the establishment of a vehicle sales, rentals and leasing, on property which is not currently zoned for auto use. However, LDR Section 3.1.1(C)(Consistency), states that a finding of overall consistency can be made even though the action will be in conflict with some performance standards within Article 3.3 of the Land Development Regulations, provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. Rezoning of the property to accommodate an auto related use, which was the previous use of the property, will provide for the re- occupation of and significant upgrades to a blighted property which has been in disrepair for many years. Thus, at its meeting of May 5, 1996, the City Commission determined that the positive aspects of the proposal outweigh the negative impacts, and that the overall terms of the settlement agreement are consistent with the Comprehensive Plan. It is appropriate for the Board to make the same finding at this time. Future Land Use Element Ob_iectiv. e A-J. - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical conditions, is complementary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that' --.. would be negatively impacted by the proposed use. The property has been disturbed and is partially developed with a 600 sq.ft, building and asphalt parking area on the northwest portion of the property. The south and east portions of the property are primarily vacant and are to be improved and utilized for parking associated with the proposed vehicle sales, rental and leasing facility. The proposed zoning of SAD is very specific with regard to the uses that may be Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 6 conducted on the property. The proposed SAD zoning and its potential uses of (I) vehicle sales, rental and leasing, with no service component; or (11) a vehicle wash establishment and detailing, will be complementary with the adjacent commercial properties to the north, south and west, and c~.n-.be developed in a manner that should not adversely impact the residential properties to the east. The entire site is to be upgraded to meet current development standards, thus the proposal will fulfill the City's need to eliminate blight on properties. Future Land Use Element Policy A-'I.6 - To encourage redevelopment of the City's Central Business District, Future Land Use Map amendments to Commercial designations in outlying areas of the City's Planning Area, shall not be considered. This Policy was intended to prevent large-scale planned commercial developments such as shopping centers, which could house major retail tenants that would compete with the downtown. The FLUM amendment is for a parcel of land which is slightly over an acre and cannot support a large retail development. The amendment is to accommodate auto related uses which are not permitted within nor will they compete with the redevelopment efforts in the City's Central Business District. Based upon the above, the proposal is consistent with this Policy. Traffic Elemerlt Policy c-1.1 - Through and nonresidential traffic travel shall be limited and/or restricted in stable residential areas. Based upon the proposed parking layout, access to the site will be taken primarily from the driveway located on Federal Highway. Secondary access points will be located on Avenue G and Fladell's Way (Avenue F). Fladell's Way dead-ends just east of the site with no-access proposed from the residential properties to the east. Avenue G provides access to the stable residential area east of the subject property and intersects with Federal Highway, a commercial corridor to the west. The majority of the traffic associated with the commercial use, however, will access the site from Federal Highway and vice versa to exit the site. Thus, there should be minimal traffic impacts on the stable residential area to the east. LAND USE ANALYSIS: Pursuant to Land Development Regulations Section 3.1.1{A) {Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 7 The proposed General Commercial land use designation will allow the following zoning classifications: GC (General Commercial), PC (Planned Commercial), AC (Automotive Commercial), NC (Neighborhood Commercial), POC (Planned Office Center), POD (Professional and Office District), RT (Resort Tourism), CF (Community Facilities), OS (Open Space), OSR (Open Space and Recreation), and SAD (Special Activities District). In conjunction with the Future Land Use Map amendment to General Commercial, a rezoning to SAD (Special Activities District) is being sought. The , FLUM amendment to General Commercial and rezoning to SAD are being processed concurrently to facilitate the establishment of a vehicle sales, rental and leasing facility, with no service component, on the subject property. Pursuant to LDR Section 4.4.25(A), the SAD zoning is deemed consistent with any land use designation on the Future Land Use Map, including the proposed General Commercial designation. Further, the uses allowed within a specific SAD shall be consistent with the land use category shown on the Future Land Use Map. The proposed uses: (I) vehicle sales, rental and leasing, with no service component; or (11) a vehicle wash establishment and detailing are consistent with the proposed General Commercial land use designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Ad_iacent Land Use Mag Designations, Zoning Designations & Land Uses: North: North of the property has a Future Land Use Map designation of General Commercial and is zoned AC (Automotive Commercial). The existing use of the property is the Ralph Buick automobile dealership. South: South of the property has a Transitional Land Use Map designation and is zoned POD (Professional and Office District) and RM (Medium. Density Residential). The existing use of the properties are a vacant portion of the Auto Ranch dealership (POD), vacant single family home and a duplex (RM). East: East of the property has a Transitional Land Use Map designation and is zoned RM (Medium Density Residential). The existing use of the properties are vacant land which currently owned by the Levy's and a duplex. As part of the Settlement Agreement, the Levy property is to be restricted to residential use. .-. ...... . West: West of the property, across Federal Highway, has a Future Land Use Map designation of General Commercial and is zoned AC (Automotive Commercial). The existing uses are J.D. Byrider used car sales, and a commercial building containing an auto security business and two vacant bays. Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Re. zoning from RM and POD to SAD Page 8 Allowable Land Uses: Under the current Transitional FLUM designation, office and neighborhood commercial developments (POC, POD, RO, and NC) ar.e. allowed as well as residential zoning districts which accommodate single family and multiple family units (R-1-A thru R-l-AAA, RL, PRD, and RM). A portion of the property is currently zoned POD which allows business and professional office uses, and a portion is zoned RM which accommodates residential uses. Under the proposed General Commercial FLUM designation, commercial developments are allowed in the following zoning districts: GC, PC, NC, AC, RT, POC and POD. The applicant has requested a zoning designation of SAD (Special Activities District), which is to accommodate vehicle sales, rental and leasing, with no service component; and, a vehicle wash establishment and detailing. These uses are not considered high intensity commercial uses such as gasoline stations, convenience stores, and fast food restaurants. Any requests to provide additional uses, must be processed as a modification to the Settlement Agreement and SAD ordinance, thus, requiring a public hearing with final action by the City Commission. Land Use Co,.,mpatibil,ity: As described in the Future Land Use Element of the Comprehensive Plan, the Transitional Land Use Map designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances, this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential uses. The proposed General Commercial Land Use Map designation is to be applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. The Federal Highway corddor is developed with primarily auto related and retail uses. The adjacent properties to the south and east have a Transitional Land Use Map designation, are zoned RM (Medium Density Residential) and POD (Professional and Office District), and contain a vacant single family home, a duplex and a vacant asphalt parking area, which was previously occupied by Auto Ranch. Compatibility with the adjacent residential development has been addressed through the proposed site improvements. There is a 6' high c.b.s. wall proposed along the east, south and west property lines to separate the subject property from the adjacent residentially zoned properties. Further, where the subject property abuts the residential properties trees are to be provided every 25' to form a solid tree line. However, there are concerns with regard to Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 9 the intensity of lighting adjacent to the residential properties. It appears that the lighting within the display and bullpen parking areas, will exceed the maximum 100 foot-candles which is not permitted. While the display spaces may have a maximum 100 foot-candles, they cannot exceed 50 foot-can, dies after 11:00 p.m. Further, the bullpen spaces, which abut the residential property, cannot exceed 40 foot-candles at any time. Thus, the site lighting must be reduced accordingly. While a plan has been submitted which shows potential illumination areas, a photometrics plan must be submitted which indicates foot-candle points, including the maximum and minimum foot-candle point, average foot-candle per minute as well as the maximum foot-candle per minute. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance* of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water & Sewer: Water service currently exists via a service lateral connection to an 8" water main within Frederick Boulevard. Adequate fire suppression is provided via an" existing fire hydrant at the northwest corner of the site, adjacent to Federal Highway. Sewer service currently exists via a service lateral connection to an 8" main within Frederick Boulevard. Pursuant to the Comprehensive. Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage; A portion of the site is currently developed with a 600 sq.ft, building and asphalt parking areas. Drainage is currently retained on-site site via an exfiltration system. The proposal calls for the construction of a 900 sq.ft, building addition and the installation, c~f additional parking, which will sheet flow to proposed swale areas. The FLUM amendment and rezoning will not negatively impact this existing situation. Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 10 Traffic: Under the current Transitional FLUM designation, the maximum development potential would be 11,827 sq.ff, of retail generating .1,03.1 ayer. age daily trips [NC (Neighborhood Commercial) zoning]. However, with development under the current POD office designation a maximum of .14,192 sq.ff, of office generating 321 average daily trips is possible. Under the proposed General Commercial I~nd use and zoning .designations, the maximum development potential would be a 3,000 sq.fL fast food restaurant generating '1,327 trips. Thus, the FLUM ~mendment and rezoning have the potential to create a traffic increase. However, the current development proposal is to establish auto sales, leasing and rentals which will generate a total of 39 trips. A letter has been provided by the Palm Beach County Traffic Division stating that the proposal is in compliance with the Palm Beach County Traffic Performance Standards Ordinance. As South Federal Highway is over c~pacity, any future proposal to establish a use that has a greater vehicle trip generation rate than the proposed vehicle sales, leasing and rentals facility, must be accompanied by a traffic impact study to be reviewed by the Palm Beach County Traffic Division for compliance. Parks end Recreation: Park and dedication requirements do not apply to nonresidential uses. Thus, ' there will be no impact on this level of service standard. Solid Waste: Trash generated each year by the proposed commercial use would be equal to or slightly greater than trash generated from the uses allowed by the applicable zoning districts of the Transitional land use designation (POC, POD, NC). The development of these properties under the General Commercial land use designation should not create an adverse impact on this level of service standard. " -'~~::'~.~.~%~{-:~%~i'~'"~.~'~?;~*''''~''~'~:''I~''' ~ ....... · '"=:~ ........ ~..~%.*~'~T'-~.~'?:~!~ ~ ~i;?' ': ...... :'"~' "? ~ <, ~.,,..:,.:.~::~:,,...,.. ~.,~:~::.:..~i~i,~:::=.~.~ :.~.~ J~ .~. ~i ~s~.~,,~.,..,..~.~.,. ~,,~:~...~%,=.,.,.~ ~., ,,~ ..:o~: ........... ........... .............. ............................. ..... .......... ..,.: ........ ...... ...®i. REQUIRED FINDINGS: {Chapter 3) Pursuant to Section 3.~..1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 11 Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to Compliance with the Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 {Standards for Rezoning Actions): Standards A and B are not applicable. The applicable performance standards of Section 3.3.2 are as follows: (C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The property is currently-developed adjacent to Federal Highway with the south portion being vacant. The proposal aggregates additional land to increase the property's depth and provide for a well-planned development. While the underlying General Commercial designation allows for strip commercial zoning, the proposed SAD zoning is to accommodate auto related uses. (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 properties to the north, and west are commercial in character and are zoned AC (Automotive Commercial). To the south and east is zoned RM (Medium Density Residential) and POD (Professional and Office District). Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 12 Compatibility with the adjacent residential properties has been addressed through the site development plans. As previously stated under the Future Land Use Map Analysis of this report, there are regulations in place for nonresidential uses adjacent to the res[de, ntial development which require trees every 25 feet along with a wall or hedge to mitigate impacts. However, there are concems with regard to the intensity of lighting adjacent to the residential properties. It appears that the lighting within the display and bullpen parking areas, will exceed the maximum permitted 100 foot-candles. While the display spaces may have a maximum 100 foot-candles, they cannot exceed 50 fOot-candles after 11:00 p.m. Further, the bullpen spaces, which abut the residential property, cannot exceed 40 foot-candles at any time. Thus, the site lighting must be reduced accordingly. While a plan has been submitted which shows potential illumination areas, a photometrics plan must be submitted which indicates foot-candle points, including the maximum and minimum foot-candle point, average foot-candle per minute as well as the maximum foot-candle per minute. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.$(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "This application is being filed pursuant to the Settlement Agreement, dated May 14, 1996, entered into between the Applicant and the City of Delray Beach. The Applicant is of the opinion that the zoning was established in error and there had been a change in circumstances in the area regarding the intensification of commercial/auto uses which makes it Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 13 appropriate to allow the proposed use. The subject property is located along the commercial corridor of S. Federal Highway. The subject property is bordered along its entire north side by an existing automobile dealership - Ralph Buick. Directly across Federal HLqh.way vehicle sales, leasing, etc. is the type of use that predominates the area. Furthermore, the subject property has a long history of being used for vehicle sales, rental and leasing." Comment: Item "b" is the basis for which the rezoning should be granted. As stated above, the Settlement Agreement between the Applicant and the City has made the current zoning of POD (Professional and Office District) and RM (Medium Density Residential) inappropriate. The rezoning is to allow vehicle sales, rental and leasing, with no service component; and vehicle wash establishment and detailing with no two uses being conducted on the property at the same time. Under these circumstances, the SAD zoning is more appropriate as the zoning is site specific and allows greater control of the uses that can be conducted on the property, as well as the changes that can be made to the site development plan. Approval of the SAD zoning will result in substantial upgrades to the site, thus eliminating a blighted situation. The improvements proposed in conjunction with establishing the SAD zoning will be an inducement to the area and may encourage redevelopment and development of surrounding properties. Based upon the above, it is appropriate to-establish the SAD zoning :for this property. t ::! ~,'.."~->'J~->'-"$ ~';"~!~:~< :i :." :.: ~ :.::.: ~ .~:.": .-'.'...~,:.-'~ :~::::::: :~::::-' :: :::: :: .:,<::: ::::::: :::::-~-' ~-': ] '.*~;.:::~ :.'::~ :.>.::.~: '~: ,.+-~ ~:~ :: 1;~:.-':~'~ ~1 :~"4::~ :;:il~: :: :~ ....~. ~ ~ .."~ i~ .>. ~..-' ~ :.::.>.'.~. :~-'.-'s :. ~ i~ ~>....: :.": ~ ~'<-':~¢i:.:~ ~<.:: :..-'~ ~: ~:~:.".',:~: !:?. >.:~."~ ~ ..,: ~$.: ~:~:! ~:.:.'.: ~:~:~:!:~ COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS; Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. The site plan is being processed concurrently with a proposal to rezone the property to SAD (Special Activities DiStrict) to accommodate auto sales, leasing and rentals, with no repair component. Thus, the proposal is being reviewed under both the SAD and AC (Automotive Commercial) zone districts, which ever is more restrictive. S.oecial Landsca.oe Setbacks Pursuant to ~ection 4.3.4(H)(6)(b) (Special Landscape Setbacks), along Federal Highway, a single frontage lot with a depth between 251' and 300' requires a 20' landscape setback. As the average depth of the subject property is 260', a 20' landscape strip is required and a 5' wide buffer Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 14 currently exists. The proposal is to remove existing asphalt and provide a 15 foot landscape buffer. As the entire site is being upgraded to meet current s.taodards, the 20 foot landscape strip is required. Existing auto dealerships along this corridor, that have been through the land development process for limited site upgrades have entered into an agreement with the City stating that upon widening of Federal Highway the 20' landscape buffer will be installed. However, these dealerships have extensive swale areas along their frontage which give the perception of a 20 foot wide landscape buffer. Along this property's frontage, there is a minimal swale area. While increasing the landscape buffer to the required 20 feet will affect the customer parking spaces, the parking and landscaping should be modified to meet code. Right-of-Way Dedication Pursuant to Section 5.3.1(D)(2), the ultimate right-of-way widths for both Fladell's Way (Avenue F) and Avenue G is 60 feet and only 50 feet exists. Thus, a 5 foot right-of-way dedication is required. However, a reduction in the required right-of-way width may be granted' by the body havitig approval authority of the associated development application provided that the reduction is supported by the City Engineer; that the full dedication would constitute a hardship and all required improvements will be provided in a manner that will not endanger public safety; and, that alternative provisions are made to accommodate those features which would otherwise be accommodated within the right-of-way. The applicant has requested that the required right-of-way widths for both Fladell's Way and Avenue G be reduced to 50 feet. The City Engineer has determined that 60 feet of right-of-way is not necessary for either street and that the required sidewalk can be accommodated within the existing 50 feet of right-of-way. Sidewalks Pursuant to LDR Section 6.1.3(B)(1), a 5 foot wide sidewalk is required -. along Fladell's Way and Avenue G. There are no sidewalks provided along either' street. In conjunction with this proposal, the applicant will be improving both Fladell's Way and Avenue G, to the east end of the property. While the applicant will be providing a sidewalk where the subject property abuts Avenue G, the applicant has requested that the requirement to install a sidewalk along Fladell's Way be waived. Pursuant to Section 6.1.3(D)(2), where it is clear that the sidewalk system will not Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 15 serve its intended purpose the requirement for the sidewalks may be waived during site plan or plat approval, provided the waiver request is supported by the City Engineer. As the Fladell's Way dead-ends just east of this property, providing a sidewalk would not serve its intended purpose. Further, vehicle access to the residential properties to the east is to be provided from Frederick Boulevard, which dead-ends on the south side of the residential property. Based upon the above, it seems appropriate to not require the installation of the sidewalks with this development. Thus, the waiver request has been supported by the City Engineer. Perimeter Setbacks for SADs Pursuant to Section 4.4o25(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. 'This setback requirement has been met throughOut' the site. Dead-End Street and Cul-De-Sacs Pursuant to LDR 6.1.2(B)(4), dead-end streets without the provision of a turnaround are prohibited. Generally, a cul-de-sac shall be required; however, in unique situations where a cul-de-sac cannot reasonably be accommodated either a "T" or "hammerhead" turnaround may be accepted by the Local Planning Agency (Planning and Zoning Board) if approved by the Fire Marshal. At the east end of Fladell's Way'a cul-de- sac, which requires a minimum 90' diameter to the outer edge of pavement, and 100' to the property line, cannot be accommodated as only 50 feet of right-of-way exists. As only two businesses will be utilizing this portion of Fladell's Way having minimal traffic, a "'1-" turn around is proposed. The Fire Marshal has reviewed the request and approves the use of a "'1-" turnaround in this situation. Open Space The site currently contains minimal open space. Pursuant to LDR Section 4.3.4(K), within the AC zone district 25% of open space is required and 36.18% has been provided. The proposed landscape plan represents a substantial improvement to the existing conditions. Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 16 Parkin(~ Pursuant to Section 4.6.9(C)(3)(f), automobile dealerships are required to provide 4 spaces per 1,000 sq.ft, of total floor ar.ea~ eXcluding indoor display areas. Based upon the above, 6 spaces are required and 88 have been provided, 48 of which are bullpen spaces. The display spaces are provided to the north and west of the existing building. Of the 6 required spaces, 4 spaces are designated for customer use and 2 for employee spaces which complies with this code section. Site Lighting Site lighting was discussed previously in this report. In order to ensure compatibility with the adjacent residences, the site lighting must be reduced to comply with LDR Section 4.4.10(G)(6) (Lighting Restrictions). A revised photometrics plan must also be provided. Building Height Within the SAD and AC zone districts, the maximum building height is 48 feet and the improved structure, will have a height of 18' feet.- -Thus, the requirement has been met. Site Plan Technical Items: The following are items do not require specific action of the Board, however, the items must be addressed with the submittal of revised plans. 1. VVhile LDR Section 4.4.10(G)(1)(d) states that the proposed wall may be located 5 feet from the property line, the section of wall adjacent to Avenue G should be set back 5 additional feet (10 feet total), or designed in a manner that will prevent any site distance problems. 2. The site plan must be revised so the head of the display parking spaces on the north side of the site, coincide with the 15 ft. dimension, thereby providing the required 15 ff. setback. Section 3,1,1 (C) - Consistency (Standards for Site Plan Actiorts): As ~ ...... described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Re. zoning from RM and POD to SAD Page 17 Section 2,4.5(F)(5) (Site Plan Findings): Pursuant to Section 2.4.5(F)(5) (Compatibility Findings), in addition to provisions of Chapter Three, the approving body must:make a finding that the development of the property pursuant to the site plan will be harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. As previously stated under the Future Land Use Map Analysis of this report, there are regulations in plaCe where nonresidential uses are adjacent to residential development that require trees every 25 feet along with a wall or hedge to mitigate impacts. This proposal provides trees every 25 feet as well as a wall and hedge. However, there are concerns with regard to the intensity of lighting adjacent to the residential properties. In order to ensure compatibility and meet code requirements, the site lighting must be reduced to comply with LDR Section 4.4.10(G)(6). The proposed improvements which include landscaping, parking and building upgrades will provide the upgrades necessary for a property that has been neglected for many years. These improvements will enhance rather than depreciate property values of the adjacent properties. SAD Site Plan Modification Review and Approval Process: Substantial changes to an SAD including increases in intensity, change of uses etc. should continue to be reviewed by both the Planning and Zoning Board and the City Commission. However, minor changes to SAD site plans should not. Therefore, it is recommended that the Board remand any future modifications to this site plan for this project to the Site Plan Review and Appearan.ce Board (SPRAB) for approval. In addition, language should be added to the SAD ordinance specifying that future modifications which are not substantial and do not deal with intensity or type of uses can be reviewed by SPRAB and processed as site plan modifications. Restrictive Convenants -.. .... As part of the Settier~ent Agreement, the Levy's have agreed to record restrictive covenants for the Levy Residential Property lying east of the subject property (Lots 11-19, Block 35 and abandoned Frederick Boulevard), which will restrict the use of the property to residential uses and their customary accessory uses. This has been attached as a condition of approval of the rezoning to SAD and attendant site plan requests. Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 18 Abandoned Frederick Boulevard Prior to the annexation of Enclave 50, which included the subject property and properties to the east and south of the subject property, the Board of County Commissioners approved the abandonment of a portion of'F~:ederick Boulevard (via Resolution No. R-88-388), as a result of a Settlement Agreement reached with the Levy's. This resolution has not been recorded. It is noted that there is an existing water and sewer main within the abandoned portion of Frederick Boulevard for which utility easements have not been provided. Also, the Levy Residential Property consists of platted lots which do not have dedicated access as a result of the abandonment and thus, are considered land-locked. Therefore, legal access must be ensured by providing either a cross-access easement or through another manner which is acceptable to the City Attorney i.e. recorded Unity of Title. The provision of the utility easement and the cross- access easement or other manner to combine the lots which is acceptable to the City Attorney have been attached as a condition of approval. The rezoning is not in a geographic area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Site Plan Review and Appearance Board If the rezoning is approved, the landscape plan and building elevations will be reviewed by the Site Plan Review and Appearance Board. Public and Courtesy Notices; Formal public notice has been provided to property owners within a 500 foot radius of the subject property. In addition, Courtesy notices were provided to the following homeowner's and neighborhood associations: E! Tropic Isle 13 Tropic Bay 13 Tropic Harbor Letters of objection, i~ any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report Levy Commercial Property o FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 19 The FLUM Amendment, Rezoning to SAD and attendant site plan are being processed in response to a Settlement Agreement between'.the Applicant and the City of Delray Beach. While the proposal is inconsistent with Future Land Use Element Policy A-2.4 of the Comprehensive Plan, a finding of overall consistency can be made provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. Rezoning of the property to accommodate an auto related use, which was the previous use of the property, will provide for the re- occupation of and significant upgrades to a blighted property which has been in disrepair for many years. Further, positive findings can be made with respect to Chapter 3 and Section 2.4.5(D)(5) (Rezoning Findings), that there has been a change in circumstances which makes the existing POD and RM zonings inappropriate. Positive findings can be made with the Land Development Regulations provided the conditions of approval are met. The improvements will represent a significant upgrade to a property that has been in disrepair and should be an enhancement to the surrounding areas. A. Continue with direction. - B. Recommend approval of the Future Land Use Map Amendment from Transitional to General Commercial, and the rezoning request from POD and RM to SAD based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5)(b), that there has been a change of circumstances which makes the current zoning of POD (Professional and Office District) and RM (Medium. Density Residential) inappropriate. C. Recommend denial of the Future Land Use Map Amendment from Transitional to General Commercial, and the rezoning request from POD and RM to SAD based upon a failure to make positive findings with respect to Future Land Use Element Policy A-2.4 of the Comprehensive Plan, regarding the establishment of new auto uses east of Federal ~ ....... . Highway, south of N.E. 6th Street on property which is not currently zoned for auto use; Chapter 3 (Performance Standards) of the Land Development Regulations; and, LDR Section 2.4.5(D)(5). Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 20 By Separate Mofiorl$; A. Recommend to the City Commission approval of the Small-Scale Future Land Use Map Amendment from Transitional to General COmmercial for the Levy Property based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, and policies of the Comprehensive Plan, that the potential benefits of the development proposal outweigh the conflicts with Future Land Use Element Policy A-2.4 of the Comprehensive Plan. B. Recommend to the City Commission approval of the rezoning request from POD and RM to SAD and attendant site plan based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(D)(5) (Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the following conditions: 1. That the proposed permitted uses to be conducted on the subject property, and the associated restrictions are as follows: I. Vehicle sales, rental and leasing, with no service component; I1. Vehicle wash establishment and detailing. II1. Only one Permitted Use may exist on the property at any one 2. That the required 20 foot landscape setback be provided along Federal Highway; 3. That the site lighting be reduced to comply with LDR Section 4.4.10(G)(6) (Lighting Restrictions) and a revised photometrics plan submitted; 4.That appropriate utility easements be provided for the water and sewer mains within abandoned Frederick Boulevard; 5. That a cross-access easement or other manner to combine the lots acceptable to the City Attorney be executed and recorded; Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 21 6. That the restrictive covenants for the Levy Residential Property lying east of the subject property (Lots 11-19, Block 35 and abandoned Frederick Boulevard), be executed, prior to issuance of any building permits; 7. That the Resolution abandoning Frederick Boulevard be recorded; and, 8. That revised plans be submitted addressing the "Site Plan Technical Items" identified in this Staff Report. C. Approve a waiver to LDR Section 6.1.3(B)(1) to not install a sidewalk along Fladell's Way; D. Approve a waiver to LDR Section 5.3.1(D)(2) to reduce the required right- of-way width for both Avenue G and Fladell's Way to from 60 feet to 50 feet, thus waiving the requirement for this property to dedicate 5 additional feet; E. Approve the utilization of a "'1'" or "Hammerhead" turnaround rather than a cul-de-sac at the east end of Fladell's Way, pursuant to the Fire Marshal's recommendation. Attachments: 13 Appendix A 13 Future Land Use Map I:::1 Zoning Map 13 Site Plan This Report was prepared by: Jeff Costello. Senior Planner Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Re. zoning from RM and POD to SAD Page 22 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard --_ Does not meet intent_This Standard will be met provided the site lighting illumination is reduced to comply with LDR Section 4.4.10(.G)(.6) (.See discussion on Pages 9 and 12). B. Appropriate separation of travelways is made for vehicles, bicycles, and pedestrians in a manner consistent with objective D-1 of the Traffic Element. Not applicable Meets intent of standard ~ Does not meet intent C. Open Space enhancements described in Open Space and Recreation Objective B-l, are appropriately addressed. Not applicable Meets intent of standard ~ Does not meet intent D. That any street widening associated with the development shall not be detrimental upon desired character and cohesiveness of affected residential areas. Not applicable. ~ ~ ...... Meets intent of standard Does not meet intent Planning and Zoning Board Staff Report Levy Commercial Property - FLUM Amendment from Transitional to General Commercial and Rezoning from RM and POD to SAD Page 23 E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. ' ' Not applicable ~ Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable -__ Meets intent of standard X Does not meet intent G. In order to provide for more balance demographic mix, the development of "large scale adult oriente~! communities" on the remaining vacant land is discouraged. Not applicable ,X Meets intent of standard Does not meet intent