04-04-95 Regular
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DELRA Y BEACH
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~
APRIL 4. 1995 - 6,00 P.M.lPUBLIC HEARING 7,00 P.M. "111'
COMMISSION CHAMBERS
The City will furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program or activi-
ty conducted by the City. Please contact Doug Randolph at 243 -7127
(voice) or 243-7199 (TDD) , 24 hours prior to the program or activity in
order for the City to reasonably 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, (lO 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 to the Commission unless
permission to continue or again address the Commission is granted by
majority vote of the Commission member present.
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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:
Special Meeting of March 14, 1995
Special Meeting of March 23, 1995
6. Proclamations:
A. Delray Affair - April 21 through 23, 1995
B. Children's Day - April 12, 1995
C. Child Abuse Awareness Month - April 1995
D. City of Delray Beach, Florida, Community Development Week -
April 10 through 16, 1995
E. Building Safety Week - April 9 through 15, 1995
F. Days of Remembrance of the Holocaust - April 23 thru 30, 1995
7. Presentations:
A. Delray Beach Center for Technology, Enterprise and Development
(TED) Annual Report.
8. Consent Agenda: City Manager recommends approval.
A. LANDSCAPE WAIVER FOR SHELL GASOLINE STATION: Approve a request
for a waiver from LDR Section 4.6.16(H) (3) (a) and (h) to reduce
the required number of trees for the Shell Gasoline Station
located at the southeast corner of Atlantic Avenue and Congress
Avenue, based upon positive findings.
B. FINAL PLAT/FLORIDA POWER AND LIGHT LAKE IDA SUBSTATION:
Approve the final plat for the Florida Power and Light Lake Ida
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Substation. The subject property is located south of Lake Ida
Road on the west side of the CSX Railroad right-of-way.
C. FINAL PAYMENT/INSITUFORM SOUTHEAST, INC. : Approve final
payment in the amount of $12,724.50, with a net closeout deduct
of $11,866.30, to Insituform Southeast, Inc. for completion of
Phase I of the City's inflow and infiltration reduction program
on the barrier island. Funding is available from Renewal and
Replacement - Manhole Rehabilitation (Account No. 442-5178-536-
61.84).
D. RATIFICATION OF APPOINTMENT/KIDS AND COPS COMMITTEE: Ratify
the appointment of Alyson H. Alperin as Atlantic High School
Student Council representative to the Kids and Cops Committee.
E. RESOLUTION NO. 29-95: Adopt a resolution opposing
recommendations in President Clinton's 1996 budget request
which would remove federal participation in water projects,
including beach nourishment projects, which are not "nationally
significant"; recommending that the current federal criteria
for participation and cost-sharing be retained, and opposing
any future legislation to eliminate or reduce federal
participation in such projects.
F. RESOLUTION NO. 24-95: Approve a resolution assessing costs for
abatement action required to board up an unsafe structure at
315 S.W. 3rd Street.
G. RESOLUTION NO. 27-95: Approve a resolution assessing costs for
abatement action required to remove nuisances on 23 properties
throughout the City.
H. AWARD OF BIDS AND CONTRACTS:
1. Bid Award - Molloy Brothers, Inc. for paving, drainage and
sanitary sewer projects at NE 2nd St., Beverly Dr., SW 4th
Ave. & SW 1st St. , and Eagle Road, in the amount of
$273,577. Funding of $89,579.50 is available from Utility
(448-5411-538-62.48) , $45,060.50 from (62.47) , $72,765.50
from (62.39) , $25,406.50 from (62.40) ; and $40,765 from
Renewal/Replacement- Sewer Mains (442-5178-536-63.51)
through budget transfer from Renewal/Replacement-Other
Repair/Maintenance (46.90) .
2. Bid Award - one year renewal with Kent Meters, Inc. for
purchase of small displacement water meters at an estima-
ted annual cost of $51,430.00 via Broward County Bid
#C-07-93-27-12; with funding from Renewal and Replacement
- Water Meter Replacement Program (Account No. 442-5178-
536-52.31) through budget transfer from Project Reserve
Account No. (442-5178-536-99.01) .
3. Bid Award - to Intercounty Engineering, Inc. for construc-
tion of Lift Station 59E to serve School Site "S" and a
portion of Bloods Groves, with funding in the amount of
$179,544 from W&S - Connection Fees (Account No.
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441-5181-536-69.15) through budget transfer from Project
Reserve (Account No. 441-5181-536-99.01).
4. Bid Award - to Hardrives of Delray for entrance road and
intersection improvements at School Site "S", with funding
in the amount of $216,225 from Road Construction (Account
No. 334-3162-541-63.13), including $28,100 budget transfer
from Street Resurfacing/Reconstruction (Account No.
334-3162-541-61.17) .
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider
accepting the actions and decisions made by the Planning and
Zoning Board and the Site Plan Review and Appearance Board
during the period March 20 through March 31, 1995.
B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/
WATERWAY EAST RESTAURANT: Consider an appeal of the Site Plan
Review and Appearance Board's approval of a major site plan
modification for Waterway East Restaurant, a proposed addition
at the existing Waterway East shopping center at the southwest
corner of East Atlantic Avenue and Venetian Drive, adjacent to
the Intracoastal Waterway.
C. CONDITIONAL USE REOUEST /LINDELL VILLAGE: Consider a request
for conditional use approval to establish a multi-family
development within a PC (Planned Commercial) zoning district.
The subject property is located on the south side of Lindell
Boulevard, between South Federal Highway and South Dixie
Highway, and contains approximately 12.2 acres.
D. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/
BANDANA CABANAS: Consider an appeal of the Site Plan Review
and Appearance Board's approval of the architectural elevations
for a structure for Bandana Cabanas, to be located east of
A-1-A approximately 30' south of the beach pavilion.
E. RESOLUTION NO. 11-95 (ACQUISITION OF MONTEREY HOUSE) AND LEASE
AGREEMENT WITH HISTORIC PALM BEACH COUNTY , INC.: Consider a
resolution authorizing the City to acquire from the Community
Redevelopment Agency the Monterey House property located at 20
North Swinton Avenue, accepting the Contract for Sale and
Purchase, and consideration of a lease agreement with Historic
Palm Beach County, Inc.
F. FUNDING FOR BLOCK 76 PARKING PROJECT: Consider a request from
the Community Redevelopment Agency for a funding allocation
from Decade of Excellence bond monies to be used for the Block
76 parking project.
G. BID AWARD/POMPEY PARK POOL AND BATH HOUSE: Consider the base
bid with McTeague Construction with Alternates 1, 3 and 5, in
the amount of $1,030,780.00 for construction of the Pompey Park
Pool and Bath House.
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H. RESOLUTION NO. 30-95: Consider a resolution urging the State
of Florida to sanction as part of the State Sesquicentennial
Celebration certain Delray Beach Centennial events.
1. APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES: Appoint
a public member to the Police and Fire Board of Trustees for a
two year term ending April 22, 1997. The appointment will be
made by Mayor Lynch.
J. LOCAL OPTION GAS TAX INTERLOCAL AGREEMENT: Consider approval
of an Interlocal Agreement with Palm Beach County concerning
distribution of the local option gas tax, and approval of
Amendment #1 to the Interlocal Agreement to provide for
periodic reviews of the method of distribution.
K. BANNER ATTACHMENT AGREEMENT/FLORIDA POWER AND LIGHT: Consider
approving a Banner Attachment Agreement with Florida Power and
Light Company to temporarily hang banners purchased by the
Joint Venture on FPL poles on Federal Highway.
10. Public Hearings:
A. REQUEST FOR WAIVER/ISO MARINE WAY: Consider a request to waive
the provisions of Section 4.1.4(C) "Use of Lots of Record" to
allow construction of a single family residence on a non-
conforming lot of record.
B. ORDINANCE NO. 20-95: FIRST READING of an ordinance amending
the LDRs to allow home occupations as a permitted accessory use
in all of the R-1 Single Family Residential zoning districts.
If passed, the second required public hearing will be held on
April 18, 1995.
C. ORDINANCE NO. 18-95: An ordinance amending all penalties in
the City Code of Ordinances to comply with State law.
D. ORDINANCE NO. 19-95: An ordinance amending Chapter 32 of the
City Code regarding attendance policy and removal procedures
for members of advisory boards and committees.
ll. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
l2. First Readings:
l3. Comments and Inquiries on Non-Agenda Items.
A. City Manager
B. City Attorney
C. City Commission
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - APRIL 4, 1995 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
(L) EAST ATLANTIC AVENUE TRAFFIC MAINTENANCE PLAN: Approve the
Maintenance of Traffic Plan (M. 0 . T. ) required by the Florida
Department of Transportation, to be in effect throughout the
East Atlantic Avenue Beautification project.
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WHEREAS, the Delray Affair is the oldest and
largest outdoor arts, craft and entertainment festival in
Delray Beach, Florida; and,
WHEREAS, the Delray Affair has been named a "Top
100 Event" in North America in 1995 by the American Bus
Association; and,
WHEREAS, the Delray Affair has also been selected
as a "Top 20 Event" in the Southeast United States by the
Southeast Tourism Society; and,
WHEREAS, the Delray Affair Committee works to
promote Palm Beach County and Delray Beach as a tourist
destination; and,
WHEREAS, the Delray Affair has a profound economic
impact in Palm Beach County ($20.7 million in 1994); and,
WHEREAS, the Delray Affair is organized by Delray's
largest non-profit organization, the Chamber of Commerce; and,
WHEREAS, the Delray Affair is implemented by more
than one hundred volunteers.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim April 21, 22 and 23, 1995, as
the 32nd Annual
DELRAY AFFAIR
in Delray Beach, Florida, and invite all our residents,
neighboring residents, visitors and friends to come out and
join us for a fun-filled, entertaining weekend.
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 4th day of April, 1995.
MAYOR
~ THOMAS E. LYNCH
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WHEREAS, Child Care Resource and Referral, Inc. ,
Palm Beach County Directors Association, Palm Beach County Head
Start, the School District of Palm Beach County/Child Care
Services and the School District of Palm Beach County/pre-K
will simultaneously be celebrating Children's Day, on
Wednesday., April 12, 1995; and,
WHEREAS, young children and families in need of
early childhood care throughout our community depend on these
organizations and encourage them to improve the quality and
availability of such services; and,
WHEREAS, the quality of services is primarily
determined by the individual teachers and caregivers who
perform this valuable work; and,
WHEREAS, the work of early childhood professionals
is not fully understood and at times under-appreciated; and,
WHEREAS, the quality of child care services can
provide the basis for a good beginning for children's growth
and development.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim Wednesday, April 12, 1995, as
CHILDREN'S DAY
during a celebration at Pompey Park in Delray Beach, at 10
a.m. , and urge all citizens to recognize the valuable
contributions made by early childhood teachers and caregivers
and to actively support the need for more and better child care
within our community.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 4th day of April, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
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WHEREAS, child abuse is a national tragedy that
affects us all with over 2.5 million children being reported
annually as abused or neglected; and,
WHEREAS, child abuse is recognized as an ever
increasing problem in today's society which affects
educational institutions, prison, health and social service
systems, as well as the community as a whole; and,
WHEREAS, the U. S . Advisory Board on Child Abuse
and Neglect appointed by Congress issued a report stating
the amount of child abuse in our country constitutes a
national emergency; and,
WHEREAS, the IOF FORESTERS AGAINST CHILD ABUSE
campaign and local Court Sunshine No. 1476 observes the
month of April as IOF Foresters Child Abuse Awareness Month
in order to increase the effectiveness of Child Abuse
Prevention.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim the month of April 1995 as
IOF FORESTERS CHILD ABUSE AWARENESS MONTH
in Delray Beach, Florida, and hereby urge all citizens to
recognize the importance of helping to prevent child abuse.
Furthermore, I encourage all our citizens to support
prevention through parenting education and support programs,
volunteerism, and community involvement to help stop abuse
and strengthen families.
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 4th day of April, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
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WHEREAS, the Community Development Block Grant
(CDBG) Program has operated since 1974 to provide local
governments with the resources required to meet the needs of
persons of low and moderate income, and CDBG funds are used
by thousands of neighborhood based non-profit organizations
throughout the nation to address pressing neighborhood and
human service needs; and,
WHEREAS, the Community Development Block Grant
program has had a significant impact on our local economies
through job creation and retention, physical redevelopment
and improved local tax bases; and,
WHEREAS, the City of Delray Beach, Florida, and
other local governments have clearly demonstrated the
capacity to administer and customize the CDBG program to
. identify and resolve pressing local problems, such as
affordable housing, neighborhood and human service needs,
job creation and retention and physical redevelopment; and,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
'Commission, do hereby proclaim April 10, 1995 through April
16, 1995 as
CITY OF DELRAY BEACH, FLORIDA
COMMUNITY DEVELOPMENT WEEK
in Delray Beach, Florida, and urge all citizens to join us
in recognizing the Community Development Program and the
importance it serves to our community.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 4th day of April, 1995.
MAYOR
THOMAS E. LYNCH
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WHEREAS, the City of Delray Beach, Florida, is
pleased to observe National Building Safety Week as
scheduled for April 9-15, 1995; and,
WHEREAS , the purpose of this observance is to
highlight the services provided by Building Departments in
ensuring the public's safety in the built environment; and,
WHEREAS , National Building Safety Week promotes
safety in building practices by calling attention to sound
building procedures used by contractors working in the City
of Delray Beach.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim the week of April 9-15, 1995
as
BUILDING SAFETY WEEK
in the City of Delray Beach, Florida, and commend the
excellent job of all City staff who review building plans,
enforce the city building codes and assist the community to
ensure safety in the work-place, homes and recreational
buildings throughout the city.
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 4th day of April, 1995.
MAYOR
THOMAS E. LYNCH
SEAL
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WHEREAS, 1995 marks the fiftieth anniversary of the
victory of United States Armed Forces and the Allies over the
German National Socialist regime, ending the war in Europe
during World War II; and,
WHEREAS, this great military victory brought the
liberation of the Nazi camps and the end of the Holocaust - -
the systematic murder of Europe's Jews, as well as Roma and
Sinti (Gypsies) and the handicapped, and the persecution of
Poles, Slavs, social, religious and political dissidents,
Soviet prisoners of war, homosexuals and all others deemed
"unworthy of life" by Nazi Germany and its collaborators; and,
WHEREAS, the war-hardened United States soldiers
not only liberated the Nazi camps, but also extended their
tender compassion and generosity to the few survivors of those
camps; and,
WHEREAS, Americans recognize that each individual
citizen is responsible for eternal vigilance against all
tyranny and for speaking out against such tyranny; and,
WHEREAS, pursuant to an Act of Congress (Public Law
96-388, dated October 7, 1980) , the United States Holocaust
Memorial Museum designates the Days of Remembrance of the
Victims of the Holocaust as Sunday, April 23 through Sunday
April 30, 1995.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim the week of April 23, 1995
through April 30, 1995 as
DAYS OF REMEMBRANCE OF THE HOLOCAUST
in Delray Beach, Florida, in memory of the victims, survivors
and their liberators, in hopes that we, as a city, and as
individual citizens will strive to overcome prejudice, hatred
and indifference through learning, tolerance and remembrance.
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 4th day of April, 1995.
MAYOR
I THOMAS E. LYNCH
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJf1
SUBJECT: AGENDA ITEM # ~.A. - MEETING OF APRIL 4, 1995
PERIMETER LANDSCAPE WAIVER/SHELL OIL COMPANY
DATE: MARCH 31, 1995
This is before the Commission to approve a request from the Shell
Oil Company located at the southeast corner of Atlantic and
Congress Avenues, to waive LDR Section 4.6.16 (H) (3) (a) (h)
reducing the number of trees required adj acent to public and
private rights-of-way.
When the perimeter landscaping area exceeds minimum requirements,
the excess may be counted towards interior landscape require-
ments. Given the limited amount of interior green area for this
gasoline station, almost all of the 38 required trees must be
installed around the perimeter of the site; however, there is not
enough room to accommodate them all. The request is to permit
the reduction in the required number of trees from 38 to 31.
The Site Plan Review and Appearance Board formally reviewed this
item at its meeting of March 15, 1995, and recommended approval
of the waiver requests by a 6-0 vote.
Recommend approval of request to waive LDR Section 4.6.16(H) (3)
(a) (h) reducing the number of trees from 38 to 31 for the Shell
Gasoline Station. ,
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~
DIRECTOR OF L NING & ZONING
FROM: ~EK~LANNER
SUBJECT: MEETING OF APRIL 4, 1995
CONSIDERATION OF A WAIVER TO LDR SECTIONS
4.6.16(H) (3) (a) & (h) TO REDUCE THE REQUIRED NUMBER OF
PERIMETER AND INTERIOR TREES FOR SHELL GASOLINE
STATION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
granting a waiver to reduce the required number of interior
and perimeter trees in conjunction with the redevelopment
of the Shell Gasoline Station. The subject property is
located at the southeast corner of Atlantic Avenue and
Congress Avenue.
This waiver request is being processed pursuant to LDR
Section 4.6.16(C)(2), Compliance and Relief.
B A C K G R 0 U N D:
This project involves the demolition of an existing antiquated
gasoline station for the construction of a new facility
(convenience store and car wash). The site is relatively small,
and will mostly consist of paved areas surrounded by large
perimeter landscaped buffers. When the perimeter landscaping
area exceeds minimum requirements, the excess may be counted
towards interior landscape requirements [REF: Section
4.6.16(H)(3)(1)]. Given the limited amount of interior green
area almost all of the required trees must be installed around
the perimeter of the site, and there is physically not enough
room to accommodate them all.
The applicant has requested a waiver from LDR Sections
4.6.16(H) (3) (a) & (h) , which deals with perimeter and interior
tree requirements. The request involves the reduction in the
required number of trees from 38 trees to 31 trees.
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City Commission Documentation
Shell Landscape Waiver Request
Page 2
R E QUI RED FIN DIN G S:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the granting body shall make a finding that the granting of the
waiver:
A) Shall not adversely affect the neighboring area.
The reduction in the required number of trees will not have
an adverse affect on the neighboring area, as almost all
the required trees will be provi.ded along the perimeter of
the site.
B) Shall not significantly diminish the provision of public
facilities.
The waivers involve landscape requirements and do not
affect the provisions of public services.
C) Shall not create an unsafe situation.
The reduction in trees will not create an unsafe situation.
D) Does not result in a grant of a special privilege in that
the same waiver would be granted under similar
circumstances on other property for another applicant or
owner.
The reduction in the required number of trees will not
result in a grant of special privileges as waivers have
been granted for similar circumstances on other properties
(Delray Mitsubishi and Professional Insulators).
SITE PLAN REVIEW AND APPEARANCE BOARD:
The Site Plan Review and Appearance Board formally reviewed this
item at its meeting of March 15, 1995, and recommended to the
City Commission approval of the waiver requests from LDR Section
4.6.16(H)(3)(a) & (h) on a 6-0 vote.
R E COM MEN D E D ACT ION:
By motion, grant a waiver to LDR Section 4.6.16(H)(3)(a) & (h)
to reduce the required number of trees from 38 to 31 for Shell
Gasoline Station, based upon positive findings with respect to
LDR Section 2.4.5(B)(5)(a) - (d) .
Attachment:
* Landscape Plan
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJJV(
SUBJECT: AGENDA ITEM # ~.8. - MEETING OF APRIL 4, 1995
FINAL PLAT/FLORIDA POWER AND LIGHT LAKE IDA SUBSTATION
DATE: MARCH 31, 1995
This is before the Commission to approve the final plat for the
Florida Power and Light Lake Ida Substation. The subject
property is located south of Lake Ida Road on the west side of
the CSX Railroad right-of-way.
This is a boundary plat. Review by the Planning and Zoning Board
is not required.
Recommend approval of the final plat for the FPL Lake Ida
Substation.
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Agenda Item No.: ~.~ .
AGENDA REOUEST
Date: March 28. 1995
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: April 4. 1995
Description of item (who, what, where, how much) : Final plat approval for
Florida Power and Liaht. Lake Ida Substation Plat.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of final plat for Florida Power and
Liaht. Lake Ida Substation Plat.
Department Head Signature: #'/0 "1, ,h-f' /'-~
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: C'ifj;/NO []vi}
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AGFPL329.MRM
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Dan Beatty, P~
city Engineer
DATE: March 28, 1995
SUBJECT: FINAL PLAT APPROVAL
F.P.L. LAKE IDA SUBSTATION
Attached is an agenda request and copy of the final plat for
the subject project. Staff recommends approval of the final
plat.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~.e. - MEETING OF APRIL 4, 1995
FINAL PAYMENT/INSITUFORM SOUTHEAST, INC.
DATE: MARCH 31, 1995
This is before the Commission to approve final payment in the
amount of $12,724.50, with a net closeout deduct of $11,866.30,
to Insituform Southeast, Inc. for completion of Phase I of the
City's inflow and infiltration reduction program on the barrier
island. All sanitary sewer lining and rehabilitation work in the
contract scope has been completed, inspected and accepted by
utilities staff.
Recommend approval of the final payment to Insituform Southeast,
Inc. , with funding in the amount of $12,724.50 from Renewal and
Replacement - Manhole Rehabilitation (Account No. 442-5178-536-
61.84) .
.'
"
.. Aqenda Item No. J'e
.
AGENDA REOUEST
Date: 03/28/95
Request to be placed on:
XX Reqular Aqenda
Special Aqenda
Workshop Aqenda When: 04/04/95
Description of item (who, what, where, how much): Staff requests
Commission approval of final payment to Insituform Southeast, Inc. for
completion of sewer rehabilitation work on the barrier island in
conjunction with phase I of the city's inflow & infiltration reduction
program. Final payment is the amount of $12,724.50. Approved contract
amount is $240,000.00, invoices based of field measured quantities and
including final payment total $228,133.70 for a net closeout deduct of
$11,866.30. Funding is from R&R account #442-5178-536-6l.84, Manhole
Rehab. - R&R paid from P.O. #515732.
ORDINANCE/RESOLUTION REQUIRED: 1J_/NO DRAFT ATTACHED 1J_/NO
Recommendation. staff rec~roval of final payment to Insituform
Southeast, Inc. ~
DEPARTMENT HEAD SIGNATURE: '- .-' izJ17 s
Determination of consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budqet Director Review (required on all items involvinq expenditure of
funds) : W ;.
Fundinq availabl~NO "3 ~/1~
Fundinq alternatives (if applicable)
Account No. , Description 10"J.. - ~/7g- ,3{, - t./. ~'f R.-fR Fe., NP MAIVlIvLF AOIoM.
Account Balance '* ;;"'1, ?Yo I
,
city Manaqer Review:
Approved for aqenda: @/NO 1M
Hold Until:
Aqenda Coordinator Review:
Received:
Placed on Aqenda:
Action:
Approved/Disapproved
.
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MEMORANDUM
TO: David T. Harden
City Manager P.E. (2;:~
FROM: Richard C. Hasko,
Deputy Director of Public utilities
SUBJECT: FINAL PAYMENT TO INSITUFORM SOUTHEAST, INC.
BARRIER ISLAND INFLOW & INFILTRATION CONTRACT
PN: 92-022
DATE: March 28, 1995
Attached is an agenda request and a copy of the final
invoice from Insituform Southeast, Inc. in the amount of
$12,724.50 for completion of Phase I of the city's inflow &
infiltration reduction program on the barrier island. All
sanitary sewer lining and rehabilitation work in the
contract scope has been completed, inspected and accepted by
utilities staff.
The approved contract amount for this work was $240,000.00.
Invoices based on field measured quantities and including
final payment total to $228,133.70 for a net closeout deduct
of $11,866.30. Funding for this project is from R&R account
#442-5178-536-61.84, Manhole Rehab - R&R, with payment from
P.O. #515732.
RCH: jem
c: William H. Greenwood
Jackie Rooney
victor Majtenyi
f: 92-0220
.
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" . .
'. "InJltU m@
\
SOUTHEAST, INC. An EnVIRQQ Company
11511 PHILLIPS HIGHWAY SOUTH REPLY TO:
I JACKSONVILLE. FL 32256 P.O. BOX 41629
TELEPHONE 904/262-5802 JACKSONVILLE, FL 32203-1629
1-800-342-1907
l
INVOICE
TO: CITY OF OELRAY BEACH DATE:HARCH 22, 1995
DEPARTMENT OF ENVIRONMENTAL SERVICES
~3~ SOUTH SWINTON AVENUE ISE PROJECT 3669
OELRAY BEACH, FL 33444
REFERENCE: ATTN: MR. JOSEPH W. LONTOS TERMS:NET 10
PURCHASE OROER 515732 INVOICE NQ 5203
.
DATED FEBRUARY 5, 1993
ITEM AMOUNT TOTAL
FINAL E!;TIMflTE
RETAINAGE WITHHELD 12,72~.50
.
RETAINAGE NOW DUE $12,724.50 $12,72~.50
\
TOTAL PAGE 1 $12 72~.50 tl? 7?A r,n
" , .
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M E M 0 R A N DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM :It <gD - MEETING OF APRIL 4. 1995
RATIFICATION OF APPOINTMENT TO THE KIDS AND COPS COMMITTEE
DATE: MARCH 3 1, 1995
This is before the Commission to ratify the appointment of Alyson
H. Alperin to the Kids and Cops Committee as youth representative
for the Atlantic High School Student Council. Ms. Alperin has been
attending meetings for some time, but has not been formally
appointed.
Recommend ratification of the appointment of Alyson H. Alperin as
AHS Student Council representative on the Kids and Cops Committee.
ref:agmemo2
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME .1lL.1J. 6 <:) 1\ t:}... ,4) pe,;r i "-
""'3 \ 30 LCJLA.)~C:>",- 8\ vti ~ ~ ~.J(lJ- 33'1'15
HOME ADDRESS (Street, City, Zip Code) 1LEGAL RESI ENCE)
$ I ~ &ad
HOME PHONE '-/1r -0/7 fro BUSINESS PHONE
ON ~T BOARDS ARE YOU INTERESTED IN SERVING k id 6 - AI -- C. 0 p5
LIST ALL CITY BOARDS ON WICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
;
\.
EDUCATIONAL QUALIFICATIONS
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION _~~\ (tJ~Of) (LA<t S
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WICH QUALIFY YOU TO SERVE ON THIS
BOARD
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERlALFACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
. tlfF % ~t1/u~. 3/~9/9.!5
SIGNATURE Dn'E
4/90
.----" -----
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-
. -.... - ' . ' - . - '- '
. - . , . ..- -_.- ,-
.
Alyson Alperin
589-:1.8-8585
SCHOOL ACTIVITIES
Key Club
Yearbook
Student Government
Chairperson, Homecoming Court
Chairperson, Powder Puff
Student Government, Scrapbook
COMMUNITY SERVICE
Delray Beach Chamber of Commerce
Holiday Pageant Parade
Delray Affair
Delray Beach Sunrise Kiwanis
Beach Festival
Nursing Home Visitation
Delray Affair
Comprehensive AIDS Program
Christmas Present Project
Kids-N-Cops
Atlantic High School's Representative
Children's Home Society
Volunteer
Morikami Museum and Japanese Gardens
Volunteer
Florida House of Representatives
Messenger, Representative Suzanne Jacobs
AWARDS AND HONORS
Eagles For Excellence
Drama Club: Best Female Actress in a Situation Comedy
United States Student Council Award nominee
EMPLOYMENT
:1./92-present Delray Drugs
~
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i r.t:# - MEETING OF APRIL 4. 1995
RESOLUTION NO. 29-95/FEDERAL FUNDING FOR BEACH PROJECTS
DATE: MARCH 3 1 , 1995
This is before the Commission to adopt a resolution expressing the
City's opposition to recommendations in President Clinton's FY 1996
budget request to eliminate federal participation in water
projects, including beach nourishment, which are not considered to
be of IInational significancell. It recommends that the current
federal criteria for participation and cost-sharing be retained,
and opposes any future legislation to eliminate or reduce federal
funding for beach projects.
The Florida Shore & Beach Preservation Association has asked for an
endorsement of the continuation of federal funding for these
projects from the beach and coastal communities.
Recommend approval of Resolution No. 29-95.
ref:agmemo5
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RESOLUTION NO. 29-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, OPPOSING RECOMMENDATIONS IN I
THE PRESIDENT'S FISCAL YEAR 1996 BUDGET REQUEST WHICH I
WOULD REMOVE FEDERAL PARTICIPATION IN WATER PROJECTS, ,
INCLUDING BEACH NOURISHMENT PROJECTS, WHICH ARE NOT i
"NATIONALLY SIGNIFICANT" ; RECOMMENDING THAT THE
CURRENT FEDERAL CRITERIA FOR PARTICIPATION AND
COST-SHARING BE RETAINED, AND OPPOSING ANY FUTURE
I LEGISLATION WHICH MAY ELIMINATE OR REDUCE FEDERAL I
i PARTICIPATION IN SUCH PROJECTS. I
WHEREAS, President Clinton's Fiscal Year 1996 budget request I
contains proposals to introduce legislation which will eliminate I
federal financial participation in water projects, including shore I
erosion control, hurricane and storm damage reduction, and flood I
control projects which are not considered to be of "national 'I
significance", and including all beach nourishment projects
: nationwide; and I
WHEREAS, for those projects which can demonstrate "national I
significance", the Administration proposes to increase the minimum I
qualifying benefit/cost ratio to 2: 1 from 1: 1, and to increase the I
I
non-federal share of the cost from 25% to 75%; and '
WHEREAS, Delray Beach's public beach has been and is
continuing to experience moderate to severe erosion due to natural
causes such as storms and sea level rise, and man-made influencesi and I
WHEREAS, since 1973, the City of Delray Beach through Palm I
Beach County has acted as local sponsor for a federally funded beach i
nourishment project, providing at least 100 feet of beach width along I
I approximately three miles of the County's coast, at a total cost of !
, $14,000,000 of which $6.2 million was the federal investment, $4.3 !
million was the state share, and $3.5 million was the local costi and
i
WHEREAS, the value of shorefront development in Delray Beach
, which is protected by beaches from hurricane and storm wave damage
represents a substantial portion of the city's tax basei and
I
WHEREAS, the health of our beaches is fundamental to the II
health of Palm Beach County's tourism industry, which in turn is a
foundation of the County's overall economYi and :
I
I
I
I
i
I
j
II I II'
I I .
-
I r
I WHEREAS, according to a recent Corps of Engineers study, the
justification for federal participation in beach renourishment and
! erosion control projects is and has been their demonstrated
i: contribution to the nation's national economic development (NED) I
consistent with protecting the nation's environment pursuant to I
environmental statutes, applicable executive orders, and requirements
, to preserve human safety, social well-being and cultural and historic
" resources; and I
i
WHEREAS, beaches are the most important single factor
I influencing tourists to visit Florida; and
WHEREAS, the 21.6 million tourists who annually visit I
Florida's beaches directly spend $7.9 billion, create 359,000 jobs and
generate $15.4 billion for Florida's economy; and
I WHEREAS, seven million foreign tourists visit Florida each
I with 2.3 million from Canada, who stay of 21 days
year, an everage
each and spend $1.6 billion annually; and
I
WHEREAS, travel and tourism is the largest industry in the
United States and the world, the largest employer in the U. S. ,
accounts for the greatest job growth in the U. S. , is the leading I
component of a growing service industry international trade surplus I
for the U.S. (only agriculture generates a larger trade surplus), and
is an industry in which the United States dominates worldwide in
revenues and profits; and
WHEREAS, annual average federal expenditures for beach i
I
! nourishment projects the past 44 have been about $15
over years I
million and the gross regional product produced from beach tourism for
coastal states is estimated to be about $170 billion, indicating the i
I
extraordinarily positive benefit/cost ratio of protecting the nation's I
, beaches; and I
i I
f
WHEREAS, prior to constructing the Delray Beach beach
nourishment project, the federal government and Palm Beach County have
executed a Project Cooperation Agreement in which the parties agreed
to share in the cost of the project and to maintain the project for
its entire 50 year economic life; and
WHEREAS, Delray Beach has successfully and in good faith
constructed its project with the expectation that the federal
obligation to participate in the project for its economic life would
be honored; and
- 2 - Res. No. 29-95
" , .
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I i
I
WHEREAS, eliminating federal participation in beach
i nourishment, flood control and shore protection programs will remove a
, talented and experienced pool of U.S. Army Corps of Engineers
scientists and engineers from coastal research efforts and place a
I significant additional burden on state agencies and educational
I.
I ~ institutions to continue such research; and
,
WHEREAS, eliminating the federal role in projects for flood
control, hurricane and storm damage reduction, and shoreline erosion
control will at least double the cost of the projects for states and
local governments, placing an unacceptable financial burden on these
entities, and reducing the ability of state and local governments to
protect life, land, and coastal structures and infrastructures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission strongly urges
President Clinton and the Administration to withdraw the
recommendations in the FY 1996 budget request which would remove or
limit federal participation in water resources projects, including
beach nourishment projects, not considered to be of "national
significance", and not to introduce legislation which would provide
for such recommendations.
Section 2 . That the current federal criteria for
participation and cost-sharing, which has resulted in very successful
and efficient shore protection projects, not be changed to increase
the non-federal financial responsibility for these economically vital
projects.
Section 3. That the City Commission opposes any future
legislation which may provide for elimination of federal participation
in non-national water projects or which would significantly increase I
the non-federal cost of such projects, and strongly urges Florida's
U.S. Senators and Representatives to oppose any such legislation.
PASSED AND ADOPTED in regular session on this the 4th day of
April, 1995. i
93?*/~ i
ATTEST:
()tium'ff))/"k-,~ 110*
City C rk
- 3 - Res. No. 29-95
"' , .
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 3.F - MEETING OF APRIL 4, 1995
RESOLUTION NO. 24-95
DATE: MARCH 31, 1995
This is a resolution assessing costs for abatement action
required to board up an unsafe building located on property at
315 S.W. 3rd Street. The resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this
property in the event the assessment of $1,504.52 remains unpaid.
Recommend approval of Resolution No. 24-95 assessing costs to
demolish an unsafe building on property located at 315 S.W. 3rd
Street.
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RESOLUTION NO. 24~5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE
BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or
parcels of land, described in the list attached hereto and made a part
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined
that an unsafe building existed in accordance with the standards set
forth in Article 7.8 and/or Chapter 96 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 unsafe building and detailed report
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Regulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be
repaired or demolished; work must be begun within sixty (60) days and
all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and,
.
- -
WHEREAS , neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8.11 of the Land Development Regulations of the
City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said condition 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 Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition 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 amount of
as shown by
the report of the City Manager of the City of Delray 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) indi-
cated thereon. Said assessments so levied shall, if not paid wi thin
thirty (30 ) days after mailing of the notice described in Section 7.8.11
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 and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
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 certified mail, postage prepaid,
return receipt requested, 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 has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the 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 accrue at the rate of six percent ( 6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 24-95
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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 six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived 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 certi-
fied 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 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1995.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 24-95
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CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO: Atune Enterprises, Inc.
ADDRESS: 3477 Jupiter Blvd., Palm Bay, FI 32909
PROPERTY: 315 SW 3rd Street, Delray Beach, Fl 33444
LEGAL DESCRIPTION: S75' of W135.6' of Block 39, Town of Delray according
to Plat Book 1, Page 3 of the official records of Palm Beach County, Fl.
You, as the record owner, of, or holder of an interst in,
the above described property are hereby advised that a cost of
$1,504.52 by resolution of the City Commission of the City
of Delray Beach, Florida, dated , 19 -'
has been levied against the above described property.
The costs were incurred as a result of an abatement action
regarding the above described property. You were given notice on
1-17-95 that the Chief Building Official had deter-
mined that a building/structure located on the above described
property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and
that the action would be initiated by the City if you failed to
act.
x You failed to appeal the decision of the Chief Building
Official to the Board of Construction Appeals although you
were informed of your right to an appeal and of the pro-
eedures tor obtaining an apeal. You have also failed to
take the corrective action required in the Notice of Unsafe
Building/Structure.
You appealed the decision of the Chief Building Official to
the Board of Construction Appeals. You were given written
notification on that you were required to
take the corrective action required by the decision of the
Board of Construction Appeals within a stated period of
time. You failed to take the action as required by the
order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to
the Board of Construction Appeals on .
The Board of Construction upheld the decision of the Chief
Building Official.
.
. ,
The City of Delray Beach has therefore taken remedial action
to remove the unsafe condition existing on the above de-
scribed property on 1-lB-<}Ii at a cost of $1, I)Ola 1)7
which includes a ten percent (10%) administrative fee. If
you fail to pay this cost within thirty (30) days, that cost
plus additional administrative and recording costs shall be
reocrded in the official Records of Palm Beach County,
Florida against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER
TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE
RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND
REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH
GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS
AND ENCUMBRANCES, INCLUDING MORTAGES.
Copies of all notices referred to in this notice are avail-
able in the office of the Chief Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
-
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~. G . - MEETING OF APRIL 4, 1995
RESOLUTION NO. 27-95
DATE: MARCH 31, 1995
This is a resolution assessing costs for abatement action
required to remove nuisances on 23 properties located within 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. 27-95 assessing costs for
abating nuisances on 23 properties located within the City.
.
-- ,----" --. ",. '.~_." ."....,..' I
I )
RESOLUTION NO. 27-95
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
.
.
.........---- ~..- _. ".-..~,.,._.. --,,,-" ,--..-.. ". - , --_...~... ~ .-~._.,---,,-- . j
( ., )
t
\
'--~~
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS , 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,
WHEREAS , 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. 27-95
-
.
- ----- - " u .,- " J'''.' ".,_.~---",,"._._-- ..~~-----,....__."..._,~--",.,,_.,.,--,
l~)
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 wi thin 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 , 1995.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 27-95
. , -
.
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, LOT 16, GRACE BARNETT $ 55.50
BLOCK 35, PB 1, P 3, 1401 39TH STREET 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM WEST PALM BEACH, FL
BEACH COUNTY, FL 334073631
(309 NW 1ST STREET)
TOURIST NOOK DELRAY, RUSSELL E. BROWN $ 44.25
LOT 21, BLOCK B, C/O JUNE DIMON 70.00 (ADM. COST)
PB 11, P 47, PUBLIC 9720 WILLOW ROAD
RECORDS OF PALM WILLIS, MI 48191-9727
BEACH COUNTY, FL
(NW 8TH AVENUE)
ATLANTIC GARDENS E. & HENRY WILSON $ 48.25
DELRAY, LOT 23, P.O. BOX 1676 70.00 (ADM. COST)
BLOCK 6, PB 14, P 63, DELRAY BEACH, FL
PUBLIC RECORDS OF 3344471676
PALM BEACH COUNTY, FL
(142 SW 11TH AVENUE)
OSCEOLA PARK, LOT 19, WAYNE E. & ALETHA ROSEKE $106.25
BLOCK 6, PB 3, P 2 RR 10 BOX 200B 70.00 (ADM. COST)
PUBLIC RECORDS OF LAKE CITY, FL 320258821
PALM COUNTY, FL
(SE 6TH STREET)
SOUTHRIDGE, LOT 2 9 , ROBERT ASSANTES & $235.98
BLOCK 1, PB 13, P 30, FRED WENISCH 70.00 (ADM. COST)
PUBLIC RECORDS OF 1228 SW 4TH COURT
PALM BEACH COUNTY, FL BOCA RATON, FL
(321 STERLING AVENUE) 334327131
SEC.13-46-42, W 230 FT MORTON J. BERMAN $199.22
OF N 448.67 FT 4068 BOCAIRE BLVD. 70.00 (ADM. COST)
(LESS N 60 FT CNL R/W) BOCA RATON, FL 334871146
OF NE 1/4 OF SW 1/4,
PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(WEST ATLANTIC AVENUE)
TOWN OF DELRAY, LOT 19, MICHAEL & RADA STRAUSS $ 75.50
BLOCK 69 (OLD SCHOOL 2793 HAMPTON CIRCLE 70.00 (ADM. COST)
SQUARE HISTORIC DIST.) DELRAY BEACH, FL 33445
PB 2, P 43, PUBLIC
RECORDS OF PALM
BEACH COUNTY, FL
(30 SE 1ST AVENUE)
-1- RES. NO. 27-95
.
.,
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OSCEOLA PARK, LOTS 5 & FRITZ & MERITE PIERRE $109.50
6, BLOCK 8, PB 3, P 2, 722 SE 4TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(722 SE 4TH AVENUE)
OSCEOLA PARK, LOT 4, DEZUNE JULIEN & $ 33.75
BLOCK 8, PB 3, P 2, CHARITABLE JULIEN H/W 70.00 (ADM. COST)
PUBLIC RECORDS OF 716 SE 4TH AVENUE
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483-3411
(716 SE 4TH AVENUE)
OSCEOLA PARK, LOT 7 & MARILYN B. VARIANCE $ 44.00
N 1/2 OF LOT 8, BLOCK 3720 LOWSON BLVD. 15.00 (ADM. COST)
8, PB 3, P 2, PUBLIC DELRAY BEACH, FL 33445
RECORDS OF PALM BEACH
COUNTY, FL
(730 SE 4TH AVENUE)
SILVER TERRACE, DELRAY, L. D. TERRY $ 45.00
LOT 3, BLOCK 2, PB 11, 3111 SW RUCKS DAIRY ROAD 70.00 (ADM. COST)
P 61, PUBLIC RECORDS OF OKEECHOBEE, FL 34974-8639
PALM BEACH COUNTY, FL
(1107 S. DIXIE HWY.)
TOWN OF DELRAY, LOT 22, J.W. & MARGARET YOUNG $ 37.50
BLOCK 32, PB 6, P 97, 317 SW 5TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS OF DELRAY BEACH, FL 33444-2405
PALM BEACH COUNTY, FL
(SW 4TH AVENUE)
ROSEMONT PARK DELRAY, WADE DEVELOPMENT $ 45.00
LOT 6, BLOCK 3, PB 13, C/O DARREN ZANDERN 70.00 (ADM. COST)
P 60, PUBLIC RECORDS OF 636 RIO GRANDE AVENUE
PALM BEACH COUNTY, FL ORLANDO, FL 32805
(623 SW 6TH AVENUE)
SOUTHRIDGE, LOT 14, JEAN M. DUBIQUE $ 52.50
BLOCK 4, PB 13, P 30, 304 SOUTHRIDGE ROAD 70.00 (ADM. COST)
PUBLIC RECORDS OF DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(304 SOUTHRIDGE ROAD)
OSCEOLA PARK, LOT 8, ARNAUT ST. FLEUR & $ 50.00
BLOCK 15, PB 3, P 2, VIVIANNE LOUIS & 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM YONEL ST. CY
BEACH COUNTY, FL 940 SE 2ND AVENUE
(940 SE 2ND AVENUE) DELRAY BEACH, FL 33488-3456
SILVER TERRACE, LOTS L. D. TERRY $ 50.00
4 & 5, BLOCK 2, PB 11, 3111 SW RUCKS DAIRY ROAD 70.00 (ADM. COST)
P 61, PUBLIC RECORDS OKEECHOBEE, FL 34974-8639
OF PALM BEACH COUNTY,FL
(1205 S. DIXIE HWY.)
-2- RES. NO. 27-95
" , .
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TOWN OF DELRAY, LOTS LUCIUS SIMMONS $ 45.00
6 & 7, BLOCK 15, 1301 KANAB AVE, NW 70.00 (ADM. COST)
PB 13, P 18, PUBLIC PALM BAY, FL 32907
RECORDS OF PALM
BEACH COUNTY, FL
(SW 7TH AVENUE)
TOWN OF DELRAY, W 1/2 ALBERT MARTIN & $ 37.50
OF LOT 7, BLOCK 30, MARYLIN S. BARON 70.00 (ADM. COST)
PB 1, P 3, PUBLIC P. O. BOX 414002
RECORDS OF PALM MIAMI BEACH, FL 33141-0002
BEACH COUNTY, FL
(SW 5TH AVENUE)
TOWN OF DELRAY, S 50 CATHERINE LEWIS $ 30.00
FT OF N 200 FT OF C/O CYRIL S. LEWIS 70.00 (ADM. COST)
E 135 FT. OF BLOCK 14, 1365 ST. NICHOLAS AVE. #7R
PB 1, P 3, PUBLIC NEW YORK, NY 10033-6207
RECORDS OF PALM
BEACH COUNTY, FL
(SW 6TH AVENUE)
LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 97.62
LOT 77, BLOCK 1, 129400 WEST DIXIE HWY. 70.00 (ADM. COST)
PB 4 3 , P 152/153, NORTH MIAMI BEACH, FL
PUBLIC RECORDS OF 33180-2215
PALM BEACH COUNTY, FL
(3865 NW 9TH STREET)
TOWN OF DELRAY, E 50 FT EDWARD L. MARSHALL, TR. $ 45.00
OF W 200 FT OF N 135 FT C/O DENNIS M. BOYCE 70.00 (ADM. COST)
OF BLOCK 11, PB 1, P 3, 105 S. NARCISSUS AVENUE
PUBLIC RECORDS OF SUITE 702
PALM BEACH COUNTY, FL WEST PALM BEACH, FL 33401-5529
(610 NW 2ND STREET)
NICHOLS 2ND ADD. TO MOLLIE K. BOWLES $ 45.00
DELRAY BEACH, LOT 14, 304 SW 7TH STREET 70.00 (ADM. COST)
PB 1, P 3, PUBLIC DELRAY BEACH, FL 33444-3549
RECORDS OF PALM
BEACH COUNTY, FL
(304 SW 7TH STREET)
FALL RIDGE OF DELRAY FALL RIDGE OF DELRAY CONDO. $ 50.00
CONDO, COMMON AREA, C/O ALBERT SPERRY, HOA 70.00 (ADM. COST)
PUBLIC RECORDS OF 5092 CORONADO RIDGE
PALM BEACH COUNTY, FL BOCA RATON, FL 33486-1444
(1100 SW 4TH AVENUE)
VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE
-3- RES. NO. 27-95
" ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1J1
SUBJECT: AGENDA ITEM # F.II - MEETING OF APRIL 4, 1995
AWARD OF BIDS AND CONTRACTS
DATE: MARCH 31, 1995
This is before the Commission to approve the award of the follow-
ing bids and contracts:
1. Bid Award - Molloy Brothers, Inc. for paving, drainage and
sanitary sewer projects at NE 2nd St. f Beverly Dr., SW 4th
Ave. & SW 1st St. , and Eagle Road, l.n the amount of
$273,577. Funding of $89,579.50 is available from Utility
(448-5411-538-62.48) f $45,060.50 from (62.47) , $72,765.50
from (62.39) f $25,406.50 from (62.40) ; and $40,765 from
Renewal/Replacement- Sewer Mains (442-5178-536-63.51)
through budget transfer from Renewal/Replacement-Other
Repair/Maintenance (46.90) .
2. Bid Award - one year renewal with Kent Meters, Inc. for
purchase of small displacement water meters at an estimated
annual cost of $51,430.00 via Broward County Bid #C-07-93-
27-12; with funding from Renewal and Replacement - Water
Meter Replacement Program (Account No. 442-5178-536-52.31)
through budget transfer from Project Reserve Account No.
(442-5178-536-99.01) .
3. Bid Award - to Intercounty Engineering, Inc. for construc-
tion of Lift Station 59E to serve Site "S" and a portion of
Bloods Groves. Under the terms of the park purchase
contract, the City will be reimbursed for the cost of
oversizing this lift station when the Bloods Grove is
developed. Funding in the amount of $179,544 is available
from W&S - Connection Fees (Account No. 441-5181-536-69.15)
through budget transfer from Project Reserve (Account No.
441-5181-536-99.01) .
4. Bid Award - to Hardrives of Delray for entrance road and
intersection improvements at School Site II S II , with funding
in the amount of $216,225 from Road Construction (Account
No. 334-3162-541-63.13) , including $28,100 budget transfer
from Street Resurfacing/Reconstruction (Account No.
334-3162-541-61.17) .
..
.
Agenda Item No.: gyf/
AGENDA REOUEST
Date: March 22. 1995
Request to be placed on:
--K-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: Aoril 4. 1995
Description of item (who, what, where, how much): proiect Nos. 93-13 and 93-38
Drainaae proiects tN.E. 2nd Street. Beverlv Dr.. S.W. 4th Avenue & S. W. 1st
Street and Eaale Road).
. lfB 2nd street The construction of approximately 500 linear feet of
-
drainage pipe with various structures, approximately 400 linear feet of
sanitary sewer pipe with various structures and complete reconstruction of
approximately 400 linear feet of roadway.
. Beverly Drive The construction of approximately 400 linear feet of
-
drainage pipe with various structures and the enlargement of an existing
retention area.
. SW 4th Avenue & SW 1.t Street - The construction of approximately 700 liner
feet of drainage pipe with various structures and asphalt overlay of
approximately 500 linear feet of existing roadway. This project will also
include the removal of various existing structures and drainage pipe.
. Bag1e Road - The construction of approximately 200 linear feet of drainage
pipe, an endwall and the installation of an inlet. This project will also
include the removal of various existing structures and drainage pipe.
The lowest resoonsible bidder on this oroiect is Mollov Brothers. Inc. with a
bid in the amount of S 273.577.00
Fundina Sources for this oroiect are as follows:
Portion of Project Fl.I'lding Source ACCCQlt NUlber Bid AmoU"lt
~C5
N. E. 2nd Street W&S R&R - Sewer Mains 442-5178-536-63.51 $ 40,765.00~ ~7{;::S
N. E. 2nd Street Storm Water Utility FI.I'ld 448-5411-538-62.48 $ 89,579.50 ~ 4,58'D
Beverly Drive Storm Water Utility FI.I'ld 448-5411-538-62.47 $ 45.060.50 c:; fa)
S. W. 4th Ave. &
S. W. 1st Street Storm Water Utility FI.I'ld 448-5411-538-62.39 $ n,765.50 12(]70
Eagle Drive Storm Water Utility FI.I'ld 448-5~1-538-62.40 $ 25,406.50 rL0)C(
ORDINANCE/RESOLUTION REClUIRED: YES/NO DRAFT ATTACHED YES/NO PEND' rJ6l1<A~
93-13 and 93-38 Draina e
Street and
273 577.00
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
1 of 2
.,
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ired on all items involving expenditure of funds):
Funding available: YE /NO
Funding alternatives ~ ;/~ ~ (if applicable)
Account No. & Description E-e ( ~ '
Account Balance
City Manager Review:
Approved for agenda: &/NO t17~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
MRAGENDA.kt
2 of 2
"
"
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: c. DANVERS BEATr:g~://
CITY ENGINEER /
DATE: March 22, 1995
SUBJECT: DRAINAGE PROJECfS
(NE 2ND ST., BEVERLY DR., SW 4TH AVE. & SW 1ST ST., AND EAGLE RD.)
PROJECf NOS. 93-13 & 93-38
------------------------------------------------------------------
Enclosed is an Agenda Request and bid tabulation for the regular Commission Meeting on Apri14, 1995,
requesting award of the construction contract for the referenced project to Molloy Bros., Inc. They are
the lowest responsible responsive bidder and the proposed contract amount is $273,577.00.
This project generally consists of the following:
. NE 2nd Street - The construction of approximately 500 linear feet of drainage pipe with various
structures, approximately 400 linear feet of sanitary sewer pipe with various structures and
complete reconstruction of approximately 400 linear feet of roadway.
. Beverlv Drive - The construction of approximately 400 linear feet of drainage pipe with various
structures and the enlargement of an existing retention area.
. SW 4th Avenue & SW 1st Street - The construction of approximately 700 linear feet of drainage
pipe with various structures and asphalt overlay of approximately 500 linear feet of existing
roadway. This project will also include the removal of various existing structures and drainage
pIpe,
. EaKle Road - The construction of approximately 200 linear feet of drainage pipe, an endwall and
the installation of an inlet. This project will also include the removal of various existing structures
and drainage pipe.
The funding sources for this project are as follows:
Portion of Project Fundin~ Source Account Number Bid Amount
NE 2nd Street (P & D) Storm Water Utility Fund 448-5411-538-62.48 $89,579.50
NE 2nd Street (SS) W&S R&R-Sewer Mains 442-5178-536-63.51 $40,765.00
Beverly Drive Storm Water Utility Fund 448-5411-538-62.47 $45,060.50
SW 4th Ave. & SW 1st St. Storm Water Utility Fund 448-5411-538-62.39 $72,765.50
Eagle Drive Storm Water Utility Fund 448-5411-538-62.40 $25,406.50
g.!/I
.
Please place this item on the agenda for commission approval.
Enclosure
cc: Joseph Safford, Finance Director
Richard Hasko, P ,E., Deputy Dir. ESD, Public Utilities
William Greenwood, Director of Environmental Services
File: Project No, 93-13 (A) and 93-38 (A)
,
, .
.DRAINAGE PROJECTS
PROJECT NOS. 93-13 93-38
(NE 2ND ST., BEVERLY DR., SW 4TH AVE. AND SW 1ST ST., AND EAGLE RD.)
BID TABULATION - MOLLOY BROTHERS, INC.
NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL PRICE
:im:r:ri:ir:::i:i:~~:r:mr::::::rmr:t:::::::::::i::::mmr:i:mmi:::i:i:rri:r::::i::r:::mrr:t::i:i::r:}i:i:i:'~i:i:i:i:}mmmmti:::im:II:::Ifi.D~i.11Wl.l1i:irr:i'~":}tti:i~t:r'ir:i:i:::irrr~~rr:i::r::::~tIt::}im::i~i:i:i~i:::ti~im::i:t::i:im:m~m:mi'::im::i::~~m:~~~~~ttir:::mm:
PAVING AND DRAINAGE
tenance 0 L 2, ,
2 Site grading LS 1 $5,000.00 $5,000.00
3 Pavement removal LS 1 $4,000.00 $4,000.00
4 1-112" Type S-ID asphalt/8" basel12" S.G. SY 1346 $15.00 $20,190.00
5 24" White stop bar LF 26 $45.00 $1,170,00
6 Driveway repair SY HI $23,00 $2,553.00
7 7' Type "1" drainage manhole EA 2 $3,500.00 $7,000.00
8 Type "COO inlet with apron EA 2 $1,250.00 $2,500.00
9 48" RCP - Storm LF 435 $56.00 $24,360.00
10 18" RCP - Storm LF 77 $30.00 $2,310,00
H Connect to existing drainage EA 1 $1,200.00 $1,200.00
12 Seawall removal LS 1 $3,500.00 $3,500.00
13 Riprap LS 1 $4,500.00 $4,500.00
14 Clean and flush drainage LS 1 $1,000.00 $1,000.00
EA
LF
EA
TOTAL BID - NE 2ND ST. $127,592.00
~):):):)t:):):):):):):):):):)mm:):):)m::::)rUm)m::::t:U:::::::::::::::mu:t:r:::t::::tt::m::::::::::::::::::mm:::m:::::::::::tr::t::::::::::::m:::::IIMIBlI::RB.IMJ1:::::::mtt:::::::U~:::::m~~tt:::::::U::::::::::::::mt)::::::::::::::~@@@j:::j:f:::rr::::~:~~~:~:::::::::::::::::::mf::::::::::::::::::::::::::::@t::m:)
21 Retention area construction LS 1 $5,000.00 $5,000.00
22 Site grading LS 1 $2,500.00 $2,500.00
23 Type "COO inlet with apron EA 1 $1,250.00 $1,250,00
24 Type OlE" inlet EA 2 $1,750.00 $3,500.00
25 4' Type "POI drainage manhole EA 3 $1,100.00 $3,300.00
26 18" RCP - Storm LF 395 $30,00 $H,850.oo
27 Riprap LS 1 $2,500,00 $2,500.00
TOTAL BID - BEVERLY DR. $40,592,00
~~~'~:~t'i:i:i:i:::i~iii:i:i::::~::~::~it:i:::::):i:::::i:::):i::~i~i:~:::iii:i:i:::i:::ff~::::t:~:):::i:::i:i:i:::i:i~:~~~~~~:i:::::i:i:i:il>>flm:D.\DIP'h~B~~'\!::)l$1l:~m!I:::~:~:~i:::i:i::~i:i:i:i:i:i~i::~:~:~~~~~i:):i:):::i::::::t::~:::t:it:i~i:i:::i::::::::~~:~~i:i:i:i:i:i:i:i:i:i::~::::::i:i:i:::::i:i:::fi~:::~
29 Maintenance of traffic LS 1 $1,000.00 $1,000.00
30 Site grading LS 1 $5,000.00 $5,000.00
31 Install baftle in existing structure EA 2 $500,00 $1,000.00
32 Connect to existing drainage EA 3 $500,00 $1,500.00
33 Remove existing drainge pipe & structures LS I $2,000.00 $2,000,00
34 Open-cut pavement repair LF 25 $45.00 $1,125.00
35 Retention area construction LS 1 $7,500.00 $7,500,00
36 1" Asphalt overlay & leveling TN 89 $80.00 $7,120.00
37 4' Type "POI drainage manhole EA 3 $1,100.00 $3,300.00
38 5' Type "1" drainage manhole EA 1 $1,700,00 $1,700.00
39 6' Type "1" drainage manhole EA 1 $3,500,00 $3,500.00
40 Type "C" inlet with apron EA 4 $1,250.00 $5,000.00
41 Type OlE" inlet with apron EA 2 $1,750,00 $3,500.00
42 15" RCP - Storm LF 37 $30.00 $1,110.00
43 18" RCP - Storm LF 361 $30.00 $10,830.00
44 24" RCP - Storm LF 295 $35.00 $10,325.00
45 30" RCP - Storm LF 39 $55.00 $2,145.00
TOTAL BID - SW 4TH AVE. & SW 1ST ST. $70,013.00
::::~i::::::::i::::::r~::i::~:~:::~::~:::i:ii:~it:~~:::::~:::~i::~:~::::~:::~:i:::i~:::~it::::::::i::i:::::i:::i~:~i~i~i:::::i:i:::~:~~~~i:::::::i:i::~:~i:::::::::~~it~i::~::i::::~~~::::~::::~::~~:~~t~~~.IIJtIQD:::::~:i:~::~:~:tt~:::::~it~~:~:::i::t::~:::::~::i::~:t~~;~;~:~;i:~::::~i~i:::::i:i~::i~:~:~~:~:~:i:f::f:::~i~:~::~~:;~:~~:;~;~~i:::i:i~i:i::~:~:~:~~~~:~~~:i:::i:::iii:i:i:i~i~:~::~;:r:::::::i~i:
47 Maintenance of traffic LS 1 $1,000.00 $1,000,00
48 Site grading LS 1 $5,000.00 $5,000.00
49 Open-cut pavement repair LF 26 $45.00 $1,170.00
50 Remove existing drainage LS I $2,000.00 $2,000.00
51 Type "C" inlet with apron EA 2 $1,250.00 $2,500.00
52 Endwall construction LS 1 ~..... -"" n" .,'" '-/'ll\ 1\1\
-''',JVV,VV o,fI~,. V\.J'.vv
53 15" RCP - Storm LF 35 $30.00 $1,050.00
54 14"X23" Elliptical RCP - Storm LF 160 $45,00 $7,200,00
TOTAL BID - ADDENDUM NO.1 $1,716,00
TOTAL PROJECT BID $273,577.00
1 3/22/9 S
" ,
"'
,
DRAJNAGEPROJECTS
PROJECT NOS. 93-13 93-38
(NE 2ND ST., BEVERLY DR., SW 4TH AVE. AND SW 1ST ST., AND EAGLE RD.)
BID TABULATION - CHAZ EQUIPMENT CO., INC.
NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL PRICE
:::::::::::}}::}}}:mm::}m{:::::::::::::::::::::::::m::::l~}}}}::::::::::::::~:::::~:::}~{:m{l{::{{:::::llm::}::m::l{:~::::::II:::~n::I.WII1::::::::~:~:~:::~::::::::::~}::}}:lm::}:11::::}m{{:~:::~~:::::::1m}m:}m{:::::}::}::::::::::::::::~:~:::::~:~:~~:1:::::::}::::::}}}:::::1
PAVING AND DRAINAGE
ntenance 0 L ,00.00 ,
2 Site grading LS 1 $3,000.00 $3,000.00
3 Pavement removal LS 1 $4,500.00 $4,500.00
4 1-1/2" Type S-ill asphalt/8" basel12" S.G. SY 1346 $16.50 $22,209.00
5 24" White stop bar LF 26 $5.00 $130.00
6 Driveway repair SY 111 $20.00 $2,220.00
7 7' Type "1" drainage manhole EA 2 $4,200,00 $8,400.00
8 Type "C" inlet with apron EA 2 $1,850.00 $3,700.00
9 48" RCP - Storm LF 435 $65.00 $28,275.00
10 18" RCP - Storm LF 77 $34.50 $2,656.50
11 Connect to existing drainage EA 1 $3,000,00 $3,000.00
12 Seawall removal LS 1 $3,000.00 $3,000.00
13 Riprap LS 1 $2,400.00 $2,400.00
14 Clean and flush drainage LS 1 $3,800.00 $3,800.00
move eXIsting samtaJy
Connect to existing sanitaJy line EA
8" PVC - SanitaJy LF
4'. SanitaJy. manhole. EA
TOTAL BID - NE 2ND ST. $124,798.00
:!:::!i!:t!rmr!:}t:!1:}!:!r:::!r:t!iiitt!:!:!1:}}!m!:!:i:!:t!trr:ti:}!:ttrr;r:!r::r:::!r:}!'!'i:!:!ttt:II.MIUX!:IlUYI.trtt:::}!:!:!,!:::!:::::!tmt!rrmttti;rmti:ir;:}!:!r!:t!r:!:!:!:!::r:t!:i::r:!t;r:!:!:t!r:!:!:!:!:!:!:!:!:!:!rtt
21 Retention area construction LS 1 $13,500.00 $13,500.00
22 Site grading LS 1 $3,000.00 $3,000.00
23 Type "C" inlet with apron EA 1 $1,700.00 $1,700.00
24 Type "E" inlet EA 2 $2,200.00 $4,400.00
25 4' Type "PH drainage manhole EA 3 $2,550.00 $7,650.00
26 18" RCP - Storm LF 395 $34.50 $13,627,50
27 Riprap LS 1 $1,095.00 $1,095.00
TOTAL BID - BEVERLY DR. $62,792.50
:t:~~::::::::::::::::::::::::::::::::::::::::::::::::::::::~:::::::::!::I:::!~:::::~::::~:::~::::~:~:::::::~::!:::::::~::~::::!:II!I::::~:::::I;>>m~m:I~::_::I>>l:t~11~~lmllr~:~~:~~::::::I::::::!:::!:!::::::::~::::::::~~:~:::~:~:~:::~:::::~:::::::::~:::::::::~::::I~~::~:::I:::::::::::::::::::::::::::::::~::~:~:::::::::
29 Maintenance of traffic LS 1 $2,800,00 $2,800.00
30 Site grading LS 1 $1,200.00 $1,200.00
31 Install bafile in existing structure EA 2 $300.00 $600.00
32 Connect to existing drainage EA 3 $900.00 $2,700.00
33 Remove existing drainge pipe & structures LS 1 $800.00 $800.00
34 Open-cut pavement repair LF 25 $48,00 $1,200.00
35 Retention area construction LS 1 $5,450.00 $5,450.00
36 1" Asphalt overlay & leveling TN 89 $48.00 $4,272,00
37 4' Type "PH drainage manhole EA 3 $2,350.00, $7,050,00
38 5' Type "J" drainage manhole EA 1 $2,400.00 $2,400.00
39 6' Type "J" drainage manhole EA 1 $2,800.00 $2,800.00
40 Type "C" inlet with apron EA 4 $1,650.00 $6,600.00
41 Type "E" inlet with apron EA 2 $1,800.00 $3,600.00
42 15" RCP - Storm LF 37 $32.00 $1,184.00
43 18" RCP - Storm LF 361 $34.50 $12,454.50
44 24" RCP - Storm LF 295 $38.00 $11,210.00
45 30" RCP - Storm LF 39 $42.00 $1,638,00
TOTAL BID - SW 4TH AVE. & SW 1ST ST. $71,888.50
~::~::::::~::::~:::~:~:::::::~~::::::~:::::~::::~::::::::::~::::::::::::::::~~::~::~:~:~~~::::::::::::::I::::::::::II:::::::::::::':~:::::::~::::::::::::::::~::~::::::~~::::~~~:~~:::~:~:::~:~::~~:::::~::::I:.Q~JElg.::::::~::::~:::::~~:~::::::::~~:~:::::::::::::::~::::~:~:~:~~::~~:~:::::::~:~:::~::::::::::::I:I::::::::::::::::::::::~:~::~:::~:~::::~~::::::~:::::~:~:::~::::::I::::::::~:::~::~:::~:;:::::::::::::::::::::I
47 Maintenance of traffic LS 1 $1,500.00 $1,500.00
48 Site grading LS 1 $5,100.00 $5,100,00
49 Open-cut pavement repair LF 26 $48,00 $1,248.00
50 Remove existing drainage LS 1 $850.00 $850.00
51 Type "C" inlet with apron EA 2 $1,800,00 $3,600.00
52 Endwallconstruction LS I :;1,5GO.OG $1,5QC.OO
53 15" RCP - Storm LF 35 $30.00 $1,050.00
54 14"X23" Elliptical RCP - Storm LF 160 $42,50 $6,800,00
TOTAL BID - EAGLE RD. $22,233.00
::::{:::::::::::m::~:::{~}~::~::::::::~:::::}m::::::::::::{::~:::1::~:t::~:~::::::::mm::}}:11::1::::::::::::m:::m:::::::1::::::::::::::::::::::~::}:tm:tm">>II.U!a~~::t:::::::::::~t:::::::~~:::~:::~:~:~:~::::::::::::::::~:::~tm}m::::t::::1:}m:~tt::t::~::::::::~:::}:t:::}m~}::::::}}:1:}}}:::::::::~::::::}:'::~
56 Video Allowance LS 1 $1,000.00 $1,000.00
57 Utility Allowance LS 1 $10,000.00 $10,000.00
58 Indemnification LS 1 $10.00 $10,00
-
~:11::1::t:I:::t:}t:tmmtm:t::::::::::::::~::::::::::'::mlmm}:::::::::::::::::::::::::~:tt::t:::::::l:::::t::::~III:::::tttllp.lln.::NQkt:::::::::t::~}m:::::::::::::::::::::::::::::~~~:~:11t::::::::::::::::::::~:::~::}}mm:::t::::::::11~~::::!:::::!::::::::::::~:~:~:::1m:::::::::::::::::t::~:::~::::~
. . .
TOTAL BID - ADDENDUM NO.1
TOTAL PROJECT BID
2 3/22/9 S
.
"
, .
-DRAINAGE PROJECTS
PROJECT NOS. 93-13 93-38
(NE 2ND ST., BEVERLY DR., SW 4TH AVE. AND SW 1ST ST., AND EAGLE RD.)
BID TABULATION - JOHNSON DAVIS, INC.
NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL PRICE
~}}://::/:::::::::::!:!:!:!/:://::~}:~}:::/:::::}::}:::~::::::::::::}}:::m}::!::!:}::::}::::::::::}}://::::/:::::!/:::::}::}::::::U;I.:::~tm:::~ml.w::::::::!::::::::::::::::::~}:/:::}:~}}}:::::::/:::::!/:::!:!:::}}}}}}}::}}::!:f!::/::!:}f:::~fff::f::f:::::::::/::mf:~:::~:::
PAVING AND DRAINAGE
ntenance 0 L ,500. ,
2 Site grading LS 1 $6,000.00 $6,000.00
3 Pavement removal LS 1 $4,500.00 $4,500.00
4 1-1/2" Type S-ill asphalt/8" base/12" S.G, SY 1346 $13.00 $17,498.00
5 24" White stop bar LF 26 $30.00 $780,00
6 Driveway repair SY 111 $18.00 $1,998.00
7 7' Type "I" drainage manhole EA 2 $4,500.00 $9,000,00
8 Type "C" inlet with apron EA 2 $1,700.00 $3,400.00
9 48" RCP - Storm LF 435 $100,00 $43,500.00
10 18" RCP - Storm LF 77 $40,00 $3,080.00
II Connect to existing drainage EA 1 $2,800,00 $2,800.00
12 Seawall removal LS 1 $3,100,00 $3,100.00
13 Riprap LS 1 $3,700.00 $3,700.00
14 Clean and flush drainage LS 1 $4,900.00 $4,900.00
emove eXIsting samtary
Connect to existing sanitary line EA
8" PVC - Sanitary LF
4'. Sanitary. manhole. EA
TOTAL BID - NE 2ND ST. $143,394.00
::::mf:~:::::/:!:ff:::::::::::::::::{/:}:~:::::m:::m:::r:::::::://:}!::/m::::~~::}}::}::::::::}:::m:::/::m}}}:::/:!:::}::!m}}iIMlB.li.IYP.RlYJl:/::::~:::::::::::::~::~~:~:~~~:~~:~~::~:}}}::}}!:!/mffff}:::/:::::::::}}::}::}://J/J:!:!:}}!:!:!:!:!J!:}!::::::~f:~:JJ:
21 Retention area construction LS 1 $9,800.00 $9,800,00
22 Site grading LS 1 $5,800.00 $5,800.00
23 Type "C" inlet with apron EA 1 $1,500.00 $1,500,00
24 Type "E" inlet EA 2 $2,100.00 $4,200.00
25 4' Type "PH drainage manhole EA 3 $1,700.00 $5,100.00
26 18" RCP - Storm LF 395 $30,00 $11,850.00
27 Riprap LS 1 $900.00 $900.00
TOTAL BID - BEVERLY DR. $56,970.00
~~::~:~~~~::~::::::~::::::::::!:!::r::::::~:~~~:r~:~:~~~~:::::::::::::::::::!:::::!:::!::::~:;:r::~;::~::::~~:::::~:~:::::::::~:::::~:::::~~~~~:~:~~$W::II1f.nIJ:lRlhNID::I>>E~II1:$mIIF~~::::::::::::::::::::::;:::::~:~!::::~~:~~::~::::::::~:::~:::::::::::::::::::~:::::~:::::~:~:~:~:~:~~::::::::::::::~:::::::~::::~::::~:~~::::~:~::~:~:~:
29 Maintenance of traffic LS 1 $4,500.00 $4,500.00
30 Site grading LS 1 $5,000,00 $5,000.00
31 Install baftle in existing structure EA 2 $450.00 $900,00
32 Connect to existing drainage EA 3 $850.00 $2,550.00
33 Remove existing drainge pipe & structures LS 1 $4,000.00 $4,000.00
34 Open-cut pavement repair LF 25 $45.00 $1,125.00
35 Retention area construction LS 1 $8,000,00 $8,000.00
36 1" Asphalt overlay & leveling TN 89 $52.00 $4,628.00
37 4' Type "PH drainage manhole EA 3 $1,700.00 $5,100.00
38 5' Type "I" drainage manhole EA 1 $2,200.00 $2,200.00
39 6' Type "]" drainage manhole EA 1 $2,200.00 $2,200.00
40 Type "C" inlet with apron EA 4 $900,00 $3,600.00
41 Type "E" inlet with apron EA 2 $2,100.00 $4,200.00
42 15" RCP - Storm LF 37 $48.00 $1,776.00
43 18" RCP - Storm LF 361 $30.00 $10,830.00
44 24" RCP - Storm LF 295 $33,00 $9,735.00
45 30" RCP - Storm LF 39 $50.00 $1,950.00
TOTAL BID - SW 4TH AVE. & SW 1ST ST. $76,224.00
:~::::::::::~::~:::~:~:::::::::::::::::~:::::::~:::;:::::::::::::::::::;::~~::::~::~::~:~::::~~::r::~:::::::::::::::::~::::~:::::~::::~~::::~:::~~~:::::::::::::~~:~~~~:::::~~:~~~::::::::~~:::::::::::::::::::~~::~:~:::gl.::lgg:::::t:rrr::rr::;::::!::::::!::;:::::~t:~;~::t~:;::::~:~:::::::::::~:~:::::::::::::::::;:~;:~:::::::::::::::::;::::::::~:::::::::~:::~~~~:~~~:::::::~::::::::::~:::::::::::::::~:t:~t:~:~:::
47 Maintenance of traffic LS 1 $1,500.00 $1,500.00
48 Site grading LS 1 $2,700.00 $2,700~00
49 Open-cut pavement repair LF 26 $45.00 $1,170.00
50 Remove existing drainage LS 1 $3,000.00 $3,000.00
51 Type "C" inlet with apron EA 2 $1,700.00 $3,400.00
52 Endwall construction Tn 1 SI,5CD.OO $1,500.00
L>3
53 IS" RCP - Storm LF 35 $50.00 $1,750,00
54 14"X23" Elliptical RCP - Storm LF 160 $60.00 $9,600,00
TOTAL BID - EAGLE RD. $25,140.00
:}::::::::}:::::J::::::::::J::::m}}}:::::::::::::::::::::~:::J:::::::!:::!:::::::::!:::}ff:JJ::::::::::::::::~:~:::::::::::J::::::~f:::::::::::~::::::~JJ:::f:JM;f.W>>f.'-D:~:J::::::::::::::::::::::J:::::~:::~::::~~:::f:::::::~f::::::f:::::::::Jmf:::::~:::::::::::::::JJJJmf:::::::::::~:J:::ff:JJ:::::::::~:::::::::::~~::::ff:::
56 Video Allowance LS 1 $1,000,00 $1,000.00
57 Utility Allowance LS 1 $10,000.00 $10,000.00
58 Indemnification LS 1 $10.00 $10.00
-
. . .
TOTAL BID - ADDENDUM NO.1 $858.00
TOTAL PROJECT BID $313,596.00
3 3/22/95
-
"'
. .
.DRAlNAGE PROJECTS
PROJECT NOS. 93-13 93-38
(NE 2ND ST., BEVERLY DR., SW 4TH AVE. AND SW 1ST ST., AND EAGLE RD.)
BID TABULATION - FOSTER MARINE CONTRACTORS, INC.
NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL PRICE
::::::::::=ttttttt:t::::::t:::::::t:mm~t:t::t::::~:::t::ttmmm:t=m::~:::t::::~::::m::~::m::~~t=::=:m::tt:::::m::::::~:t~:::f=NI.:::;~P::~W~1.t:::tm:m::=m::=t=:=t:=::::=t~tttm:m:m:m:m:=t=:t=:=mt:::::::::::::t:t::=::m:m:=tt=m:m:::::m::::tmmmmtt=:':=m::~:~:~:::~:::
PAVING AND DRAINAGE
ntenance 0 1 ,1 ,
2 Site grading LS 1 $1,540.00 $1,540.00
3 Pavement removal LS 1 $2,670.00 $2,670,00
4 1-1/2" Type S-ill asphalt/8" basel12" S.G. SY 1346 $13.50 $18,171,00
5 24" White stop bar LF 26 $5.00 $130.00
6 Driveway repair SY 111 $13.00 $1,443.00
7 7' Type "I" drainage manhole EA 2 $2,465.00 $4,930.00
8 Type "C" inlet with apron EA 2 $1,165.00 $2,330.00
9 48" RCP - Storm LF 435 $101.40 $44,109.00
10 18" RCP - Storm LF 77 $64.00 $4,928,00
11 Connect to existing drainage EA 1 $1,200,00 $1,200.00
12 Seawall removal LS 1 $3,600,00 $3,600,00
13 Riprap LS 1 $1,000.00 $1,000.00
14 Clean and flush drainage LS 1 $5,800.00 $5,800.00
16 emove eXisting samtary
17 Connect to existing sanitary line EA
18 8" PVC - Sanitary LF
19 4'. Sanitary, manhole. EA
TOTAL BID - NE 2ND ST. $127,782.00
:::::::::::::m::~:::::::m:::::::~::::m::::=:::::::::~::::::m::::::::::::~:::~m::t:::::m::::::::::::t:::t:::~:::~:~:t=~::~:::~:~:::~:~:~m::~:::::~:~~::t~~=:~~::::::::\\\\:lmUx:mpB.J.\m:\::~::::mmmm:H:t::=::::m:::m::::~:::::~::~::~~~~\t~:\::::::::~:::::\::\\::I::~m:m::::=:::=::m=::m::::::::::::::\::~:~:::~:~::::::::::::!::::::::::::~!:m::~:
21 Retention area construction LS 1 $28,500.00 $28,500.00
22 Site grading LS 1 $1,800.00 $1,800.00
23 Type "C" inlet with apron EA 1 $1,100.00 $1,100,00
24 Type "E" inlet EA 2 $1,320.00 $2,640.00
25 4' Type "P" drainage manhole EA 3 $1,350.00 $4,050.00
26 18" RCP - Storm LF 395 $47.80 $18,881.00
27 Riprap LS 1 $700.00 $700.00
TOTAL BID - BEVERLY DR. $69,551.00
:::::::~:::::::::::::::::=::=::@:f:::::::~:::::::~:~:::::::::::::::=:::::':=:'::::=::::::::::::::::::::::::::::':::=:'f=:=:::::::::::::::~::::::::::~>>m~11IJIYlt\Y.f;::~::$'Il:!~lt:~t..IIE':'::=:::::::::::::::::::::::::::::=:=:::::=:=:=:=::::::::::::::::@:::::~:::~'~=:=:,:,:=:':::=:::::::::::::::::@fff'@=:::::=:::::::::
29 Maintenance of traffic LS 1 $1,250.00 $1,250.00
30 Site grading LS 1 $1,000.00 $1,000,00
31 Install baftle in existing structure EA 2 $500.00 $1,000.00
32 Connect to existing drainage EA 3 $800.00 $2,400,00
33 Remove existing drainge pipe & structures LS 1 $500,00 $500.00
34 Open-cut pavement repair LF 25 $38.00 $950,00
35 Retention area construction LS 1 $21,800.00 $21,800,00
36 1" Asphalt overlay & leveling TN 89 $60.00 $5,340.00
37 4' Type UP" drainage manhole EA 3 $1,420.00 $4,260.00
38 5' Type "I" drainage manhole EA 1 $1,480.00 $1,480,00
39 6' Type "I" drainage manhole EA 1 $1,910.00 $1,910,00
40 Type "C" inlet with apron EA 4 $1,055,00 $4,220,00
41 Type "E" inlet with apron EA 2 $1,450,00 $2,900.00
42 15" RCP - Storm LF 37 $46,00 $1,702.00
43 18" RCP - Storm LF 361 $51.00 $18,411,00
44 24" RCP - Storm LF 295 $49,00 $14,455.00
45 30" RCP - Storm LF 39 $47.00 $1,833,00
TOTAL BID - SW 4TH AVE. & SW 1ST ST. $88,031.00
:::::::@:::::!::::::::::r=::::=:::==::::::::::::::::::::::::::::::::f::::==:::=:::=:::::::::::::::::::::=:::irrr:::::::::!:::::::::t:::=::::::::::::::::::::::::::::I::::::::::::::::::::f:=fUQIJ.tI9.:=@::::::::::::~:::::::::::::=:::=:::=:==::=::=:=:::::::::::::::::::::::~:::::=::=::==:::==::r::::::::@@:::::::~::=:=:=:=:==:::=::::::::::::::::::::::::~:~~::::=:=:=::~:::::::::::::::::::::r':::::::=~=~=
47 Maintenance of traffic LS 1 $200.00 $200.00
48 Site grading LS 1 $400.00 $400.00
49 Open-cut pavement repair LF 26 $25.00 $650,00
50 Remove existing drainage LS 1 $300.00 $300.00
51 Type "C" inlet with apron EA 2 $950,00 $1,900.00
52 Endwall construction LS 1 $l,~OO,OO $1,800.00
~
53 15" RCP - Storm LF 35 $45,00 $1,575.00
54 14"X23" Elliptical RCP - Storm LF 160 $60.00 $9,600.00
TOTAL BID - EAGLE RD. $16,815.00
:::::::::::::::::::::i::::::::::::::=::t::::::::::::t:m::::::t:m:::m:m::::::=::::::t:::::t:m:::::=:m:'::t::=::::::::::::::m::::t::tItt:m::'m:::::::m:::m::tt:iU#.@;WAN~tm:=:m:~=::::~:::tt~:t:~:::::=:=:===:=:=:::=:=:::~:::::::t::::::=:::=:t::::=:=:::::::::,m:mmm:::::::::::::m:==:=:=:=:::::tt::::::::=:::::=:=:=::t::::::tmmm::::t:::~
56 Video Allowance LS 1 $1,000.00 $1,000.00
57 Utility Allowance LS 1 $10,000.00 $10,000.00
58 Indemnification LS 1 $10.00 $10.00
-
r:!r:!:!:=:!:!:::}}}}}!:::!:!:::!r::::::@=::=mrmmrr:::!::=::::::::!:}}}}}}::::::::::::::::::::!::::::r:!:::::!:::::!::::::::::::::::::r:!:::::IP.PI.NP.::NQPI}m:}mr:!:tm:}::::::::}}}!:::::!:::::!:!,::::::::!:::::::m:::::::}::::m:::!:!:!t:::::::::!:!:::!,!,!:!:!:::::!:!:!:::::::::!:!:::::!:!:!:!:!:!:!:::::!:!:}!:}:r::
. . .
TOTAL BID - ADDENDUM NO.1 $858.00
TOTAL PROJECT BID $314,047.00
4 312219~
-
"
. .
'DRAINAGE PROJECTS
PROJECT NOS. 93-13 93-38
(NE 2ND ST., BEVERLY DR., SW 4TH AVE. AND SW 1ST ST., AND EAGLE RD.)
BID TABULATION - INTERCOUNTY ENGINEERING, INC.
NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE TOTAL PRICE
:r:rmm:\r:\rr:\::::::r::m\\,\:\:\:\r:t::t\:tt\r:t\::::rmmmr\,\:\:\:\:\m\:\::rrr:\r:\::m\:::::ttmr::\::::::rmmmr\J'I.\:\;~\:I.WI?I\:\'\:\:\:t\r":\r\'\:\r:\:::::\:rmrrmr\:\:\:\:::::\:\:\:::tttt::::rr:r::rmmrr,:,\,r\:\:\:::::::r:r::::::::,::::\:::\:\:::trmmm:
PAVING AND DRAINAGE
1 ntenance 0 , ,
2 Site grading LS 1 $2,500,00 $2,500.00
3 Pavement removal LS 1 $1,500.00 $1,500,00
4 1-1/2" Type S-ill asphalt/8" basel12" S.G, SY 1346 $14.50 $19,517.00
5 24" White stop bar LF 26 $25,00 $650,00
6 Driveway repair SY 111 $30.00 $3,330,00
7 7' Type "J" drainage manhole EA 2 $5,000.00 $10,000.00
8 Type "C" inlet with apron EA 2 $2,000.00 $4,000.00
9 48" RCP - Storm LF 435 $62.00 $26,970.00
10 18" RCP - Storm LF 77 $30.00 $2,310.00
11 Connect to existing drainage EA 1 $3,000.00 $3,000.00
12 Seawall removal LS 1 $10,000.00 $10,000.00
13 Riprap LS 1 $10,000.00 $10,000.00
14 Clean and flush drainage LS 1 $5,000.00 $5,000.00
1
EA 2
LF 417
EA 3
TOTAL BID - NE 2ND ST. $150,197.00
::,':\:\:\:\:r\:\:\:\:\:::r::::::\:::::\:\,\,\r:\:\:\:Ir:::::::rr,\r:\:I\:\:1:1::::rr:\,\r:\:\:\:\:\:\:\:\:\:::::::\'::\'\:\':'\:\'\:l::\:\:\:l\r::'lllmUVIJWX\:I~\rmmm::I\'l\:\:\:::\:\:\:::\:::\:\::::::':::r,\::,\:\:\:::\:::::\:l:rml\'\:\:\:\:\:\:\:\:\:\:\:::\:l:r::r:\::::::r:::\:::l:ml\:\:\:::\:\:\:\:\:\:\:\:\:\:mr\
21 Retention area construction LS 1 $10,000.00 $10,000.00
22 Site grading LS 1 $1,000.00 $1,000.00
23 Type "C" inlet with apron EA 1 $2,000.00 $2,000.00
24 Type "E" inlet EA 2 $2,000.00 $4,000.00
25 4' Type "PH drainage manhole EA 3 $2,000.00 $6,000 .00
26 18" RCP - Storm LF 395 $30,00 $11,850.00
27 Riprap LS 1 $1,000,00 $1,000,00
TOTAL BID - BEVERLY DR. $50,700.00
:::?::::?::?::':::::::::::?:::::::::::::}::\::::::::::::::::::::::::???::::':?:::\:\t:::::::}:::':::,:::::::::::::::::::::::IMmfrllID&:ltAm1::IUt!$t:!r:lmfJl:t:}}}:t:}::::::\:'::::::::::::::::::::::t::::::::::::::::t::::t::t::t:::}::\:\:::}:t:::}}\:::::::::::::::\:
29 Maintenance of traffic LS 1 $2,000.00 $2,000.00
30 Site grading LS 1 $1,000.00 $1,000.00
31 Install baftle in existing structure EA 2 $500.00 $1,000.00
32 Connect to existing drainage EA 3 $2,500.00 $7,500,00
33 Remove existing drainge pipe & structures LS 1 $5,000.00 $5,000.00
34 Open-cut pavement repair LF 25 $25.00 $625.00
35 Retention area construction LS 1 $6,000.00 $6,000 .00
36 1" Asphalt overlay & leveling TN 89 $6O.OQ $5,340.00
37 4' Type "PH drainage manhole EA 3 $3,500.00 $10,500.00
38 5' Type "J" drainage manhole EA 1 $4,000.00 $4,000 .00
39 6' Type "J" drainage manhole EA 1 $5,000.00 $5,000.00
40 Type "C" inlet with apron EA 4 $2,000.00 $8,000.00
41 Type "E" inlet with apron EA 2 $2,500.00 $5,000.00
42 15" RCP - Storm LF 37 $30,00 $1,110.00
43 18" RCP - Storm LF 361 $25.00 $9,025.00
44 24" RCP - Storm LF 295 $30.00 $8,850.00
45 30" RCP - Storm LF 39 $40.00 $1,560.00
TOTAL BID - SW 4TH AVE. & SW 1ST ST. $85,440.00
\:\:::\:::\:\::::,::::))))\:::\:::::\::,\:\::::::::::::::::::::::::t:::\::::::::::::::::::::::::::::::::':::':::,::':::::::::::::::::::::::::::::':'::::::::::::::::::::':::::::::::':::::::::::::::::::::'::Hgll::iftQ~':::::::::::):::::::::::r':r:::(::'::(:(:::::::::::))(:(r::::::::::::::::::::::::::::::::':::::::::':::::::::::::::::::::,:::,:::,(::\r::::::::r:::::\::r:\:(:\:))::::::::::::::::::::::
47 Maintenance of traffic LS 1 $1,000,00 $1,000.00
48 Site grading LS 1 $2,000.00 $2,000.00
49 Open-cut pavement repair LF 26 $25.00 $650.00
50 Remove existing drainage LS 1 $2,000.00 $2,000.00
51 Type "C" inlet with apron EA 2 $2',500.00 $5,000.00
52' Elldwall construction LS 1 !:3,OOO,Q{Y $3,000.00
53 15" RCP - Storm LF 35 $25,00 $875,00
54 14"X23" Elliptical RCP - Storm LF 160 $50.00 $8,000.00
TOTAL BID - EAGLE RD. $22,915.00
:\:\:\:m:::::l::::I\:\:\:\:\:\:\:\:\'\:\:\:\:lm:l\:\r:\:\:\:::\:\:\:\::::::::r:':::l::::"l::(rrr:ll\:l\:\:\::::::rr:::':\:\ml\r::r:\:':::':\:\:\r'IMmQ;wUGM\::::::'::::\'\:\'\:\::::::'\:\:::::\:\:\:::\:I\"r:l\:l\:\:\:11':\:\:\'11:r:Ill:'I:'\:::\'\:::::\:\:\:::::\:::::\:\'\'\'\:l\:\:(:\:::\rrr'\'l\r:\r::::::r::
56 Video Allowance LS 1 $1,000.00 $1,000.00
57 Utility Allowance LS 1 $10,000.00 $10,000.00
58 Indemnification LS 1 $10.00 $10,00
-
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. . .
TOTAL BID - ADDENDUM NO.1
TOTAL PROJECT BID
5 3/22/95
.
~
Agenda I tern No. : l/(.:<.
AGENDA REQUEST
Date: March 29, 1995
Request to be placed on:'
XX Regular Agenda Special Agenda Workshop Agenda
When: April 04, 1995
",
Description of agenda item (who, what, where, how much):
Bid Award Renewal with Kent Meters, Inc., at an estimated annau1 cost
of 51 430 for urchase of small displacement water meters.
Via Broward County Bid C-07-93 27-
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award one year renewal with Kent Meters, Inc. at an
estimated annual cost of $51,430. via Broward County Bid #C-07-93-27-12
Funding From Account 442-5178-536-52.31
~epartment Head Signature:
Deteraination of Consistenc~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all ite.s involving expenditure
of funds): 3/ t ("
Funding available, e~ l'7q (if applicable)
Funding alternative .
Account No. & Description: 442-5178-536-52.31 R&R >$500 Wtr Meter Rep1cI
Account Balance: $51,430.38 Pendind budget Transfer attached
City Manager Review:
Approved for agenda: {3!NO t~1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,
,
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Joseph saff~ance Director
FROM: Jacklyn Rooney, Senior Buyer ~
DATE: March 29, 1995
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
APRIL 4, 1995 - BID AWARD - RENEWAL
WATER METERS - SMALL DISPLACEMENT
Item Before Commission:
The City Commission is requested to approve the one (1) year renewal with
Kent Meters, Inc. for the purchase of water meters - small displacement,
at an estimated annual cost of $51,430.
Background:
Bids for this contract are available via Broward County's Bid
#C-07-93-27-12, which was awarded to Kent Meters, Inc.
Per attached memo dated January 25, 1995, Browa rd County Purcha sing has
renewed thei r contract with Kent Meters, Inc. for another year. Also,
attached is renewal letter signed by Kent Meters, Inc.
The Superintendent of Water/Sewer Network recommends renewal with Kent
Meters, per attached memo dated 03/24/95.
Recommendation:
Staff recommends the one (1) year renewal with Kent Meters, Inc. , at a
estimated annual cost of $51,430.
Attachments:
Memo From Broward County Purchasing
Renewal Letter To Kent Meters, Inc.
Memo To Supt. of Water/Sewer Network
Commission Agenda Dated 0/20/94
cc: Dick Hasko, Deputy Dir. of Public Utilities
Michael Office, Supt. of Water/Sewer Network
7. ;/-l. ·
.
.
M E MaR AND U M
TO: Michael S. Offie, Supt. Water/Sewer Network
FROM: Jacklyn Rooney, Senior Buyer '7
DATE: March 24, 1995
SUBJECT: Bid #c-07-93-27-12
Water Meters - Small Displacement
(Contract Renewal)
The annual contract with Kent Meters, Inc. via Broward County's Bid
#C-07-93-27-12 expires April 08, 1995.
Per attached memo dated January 25, 1995, Broward County Purchasi ng has
renewed their contract with Kent Meters, Inc. for another term.
Attached is letter to Kent Meters dated December 09, 1994, with their
signature for approval of renewal.
Do you wish to renew this contract for another year based on the vendors
performances? If so, please sign below and return to Purchasing and I
will proceed with preparing commission agenda for renewal. Have attached
also our quantities for last year. Please advise if any new requirements
are required for this year's term.
If you have any questions, please call me at ext. 7163.
APprovet.pp,/~ i ~ ~ '] - ;2~- 95--
(signatur ) (date)
Attachments:
Renewal From Broward County
Renewal Signed By Kent Meters
Commission Agenda Dated Sept. 20, 1994
cc: Joseph Safford, Finance Director
Dick Hasko, Deputy Dir, of Public Utilities
" , .'
BRCiI,IAPD COUt1T r' PURCHA':, I t ~G P.Ol
f'lAP- 22-1995 11: 43
Post-It'. brand tax tral'\sminal memo 7671 ~ 01 p.ges . ;j~
To l-c From
Co. CQ.
Depl, phone '/
Fall: .. ~ 1 '2- '" ~ 1t~(p FaA ~
. EKORJ\NDtJM 'l.v......
DATE: January 25, 1995
TO: Gt.nm R. C1.MUNGS. Director, Purchasing Division
THFttJ : moo< AlUJl. Purd>asin<] _, II. Pu"hasinq Divisi= ~
FRCti : LOIS ~r, Purchasing 1\fJent I, Furcha~;ing Division,
RE: Bid fC-07-93-27-12. ~ater M~ters - small Displacement
~ l\crl~:
Spoke to three (3) vendors in this industry and all indicated that ~icing has
increased due to a dse in costs tOt raw rrat~nals. Hughes supp y had the
largest increas of all vendor!il contacted at 15\, while the other b"Q vendor$
contacted said the their pdces have gone u~ since the f.in:.t of the year han 2\
to 6\.
~ro: HU9hes SI.lPru;y - Henq Petetrrann
Gensus Tee ol09ies - Sandy Mohler
S\l1'Wtate Mete~ " Suppl y - Mike Hobbs
./
~ MALYSlS:
Pricing has gME! up in the industry since 1994 due to a dse fot" raw rraterials.
Estimated conb:act value for on~ yeal: is $76,597. SO and the arrount. expended to
date is $68,079.00.
N.Et:L~JOO:
I reccmnend the Director of Purcwinq renew this contnct for one (1) i;idctitional
tear E:riod be9inning April 9th. 1995 through April 8th, 1996 with ~nt Meters
or t Offiee of Environmental 6@rvices Water Supply Division.
PREP~~: ~~~~gentT
~~ ~_ APPPrNE D1 SlU'Pl\(NE
~: -'-
Re8Son/~yggested action (if di~approved)
.-
;~gnature: :-~;e ~:-- .... -> ---...--
-= ~.
'ritle: /-!! /f$
Dat~:
.
DEC-09-1994 0'3:-18 BROWARD COUNTY PURCHASING P.01
hrch..in, Dfvi.ion
115 S. .A.ndAJWS Avenue, Room 212
~-~~~ Fort Lcuderdole, R. 33301
- (305) 357-6065 e FAX (3(}5) 357-8535
.1)< C. . 9, /11 <l-
. Certit i E-d Mail 4t
*~~~~ Faxff (9&~) c3~g'- (9'SO
~. CJ. ,(3~ /f:j--.:;J...../' ~
[)~ &I-:;~i.f7 r
Contr,act h c. C) 7 ~ 3.;2. 7 I ;L" for:, CJ aZ~~:1 - S/1t.-t<.tL. _
7),.SjJla.U~A'i1t- expir'~s= /9frJ/ 7, I 99s---:;-
and has a provision for renewal under the original prIcing, terms and
conditions and specifications for one (1) yea.r Pl!riod through {J.-cn-/ 7!/tj1~
I'OTE: The purpose of this letter is to detennine your desire re'lative to this
renewal provision. ntis inquiry IXES r-or COInsti -:ute an extension Qr renewill.
Please sign in the space afforded at the bottom of the page indicating your
desire regarding the renewal provisions.
Under Section 21.119.b.6., Broward County P;ocurenent Code, a Vendor who enters
into a contract with the County and than reqlJest~, cancellation may be debaered
fran further business with the County for a peri<x:f generally not to exceed
three {3} years. This action .ill be invoked if you indicate approval of the
Contract Renewal and subsequently tail to perfaInI. wi thout sufficient and Just
cause.
Your response must be received in the Purchasing Division ~ LATER than 5=OCI r:m
/.:J - 30 - '1 ~. Failure to respond will be deEmed as evidence that YOllr
firm is no longer interested in requesting its option to renew this contrac:t.
\
I f you have offered to renew this contract ple~,se s:Jtmi t the checked i tans below:
/ The enclosed "Sworn Statanent Pursuant to S€'ction 287.133.(3)(a), Florida
- Statutes, on Public Entity Crimes", is rE!quired for each new calendar )fE'ar,
and ~st be executed. notarized and returne~ with this notice.
- A Certificate of. Insurance is required and should be attached.
A"Drug Free" Workplace Certificate, roost be executed, notarized and should
be returned with this notice.
Your cooperation in this matter is appreciated. For addi tonal info please contact
Lois Quatrini of the Purchasing Division telephon'~ (305) 357-6087.
X YES: this contract under original pricing, ter.ms
specificatia1s for one (1) year.
Gaylon H. Williams
~er Servire Manager
Ti tIe
r-D: contract.
Name Ii tie
cc: Brian Richard ~
'I!OWARO COUNTY 80ARO OF COUNTY COMMISSIONERS - An EQuc~ OJ)POo,l\lnlly Employ"r ond P'!O\1<lef o! s.rt1ctl.
Seon \. COWOf' Suzanne N. G\JN%)ut'Qel' Jot1n P. HalT lC)(t Nonce Pom~ S'YMC POliter John E, Rodmorn. JI, Gerold F. lhomcscn
W.'", BUilding A FtItIXW f'(N You, F.mll~, And Y lur BlMlnfllUf, -
" ,
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City of Delray Beach
Budget Transfer Form
(1) Departmental Line Transfer (2) Date Mar c h 29, 1 9 9 5
-...------.--.---------.-
(3) Interfund/lnterdepartmental Transfer (4) Batch Number -'-
(5)
PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
'xxxxxxxx 442-5178-536-99.01 Project Reserve 53 ,037
XXXXXXXX 442-5178-536-52.31 >$500 Wtr Meters 1,607
XXXXXXXX 442-5178-536-52.31 >$500 Wtr Meters 51,430
(10) TOTAL 53 037 53 037
JUSTIFICATION:
To transfer money from the project reserve to the water meters account
o renew the contract with Kent Meters, Inc. A Commission on
.
- ))~h( Asst City Manager ___________________
Finance Director ~--~._- --- -"---- .-----,....--.------ .._- City Manager "-,- --- - . .-.- ...--.--
(11) Budget Revision Date ___________ (12) Control Number ________________
(13) Period ____________________ (14) Count ________
ORIGINAL-BUDGET CANARY -FILE PINK-DEPARTMENT
~...
'''-;.
"' , -
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Agenda Item No.: .%.13.
AGEHDA REOUES~
Date: March 29. 1995
Request to be placed on:
_____ Regular Agenda
Special Agenda
_____ Workshop Agenda When: April 4. 1995
Description of item (who, what, where, how much): Staff reauests award of the
construction contract for the School Site 's' Lift Station 59E lproiect No.
93-32.1 to Intercountv Enaineerina. Inc. . as thev were the lowest responsible
responsive bidder. with their bid of S179.544.00. This proiect consists of
constructina a sewaae lift station to serve the new school.
Fundina source for this proiect is account no. 441-5181-536-69.15 lWater/Sewer
Fund Connection Fees)
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of the School Site 's' Lift Station 59E
lproiect No. 93-32.1) to Intercountv Enaineerina. Inc. for their bid in the
amount of 179 544.00.
--
Department Head Signature: ~
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ired on all items involving expenditure of funds):
Funding available: YE VNO
Funding alternatives (if ~)
Account No. . Descrt(ti1f!J:~~.V!~ci~ _ lJfW:C-~L ~WES
Account Balance I r; -5 )
City Manager Review:
Approved for agenda: @yINO ) (~L'""-=-Z}ki- )~'f~~~ <1: ,f-<~('t\
Hold Until: . \ !~,. ~ L :r- : "-L Lu c .t
t,;-,r-y" . '2--><",:-"'- ,'--1:1' "'-,;\, .--;-. j!A. ",-\ Lv
AgendS Coordinator Review, ~\t ),"-8,;')'::;.-4,/ -rL.s.,d,~ it'-~'} . fc~.
. "~~" ,/,,'.I'-<'-,.\'.[ " !""'<'- '-r-.."'t /~1A.t"-" l,,'~ ""'-,,~ .; ".
Recel. ved:. ., _~\ ,0 . - . .,' . !'.,. ! . _
,j~v- Iv"",. CL;L-o c.f+k-<:" ,!_~. -Zh.:.. c,';, 2'-<:.". ~,~_4'.
Placed on Agenda:;.: (, "'." - ~ 5' .
/;'_ .... ,,", \,.......s,.-,. ~ ii" " ) '. -
/, '1<( " Lc r L. 1,~'7:~'7 ~.y"-h>-C A+(-"-r:'-~'-' , l,
Action:/0.:/'tl "'1 ~--::''''1'-r.L~ C''1'~ c '-:cj, )""c-(,'..cr~
Approved/Disapproved ..; :r. /~ . '
.., L' ,
, , ._-...1',' ,'. -~7' . I
, ~~o~. L . ~.L-vv7' ;;1)<1c. 'rf I
\ ~ ~ I.
- ' ./
t"':L-"'- !'. "
File: AG3322.MRM l ~ -r _ . .~. L';r-t:~\/
-It..c.Yj 0"::-\ C-/'e,,~t~~\
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.,
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: C: Danve:s Beatty, P.~~
Cl.ty Engl.neer
DATE: March 31, 1995
SUBJECT: Revised Cover Memo
School site IS' Lift station 59E
project No. 93-32.1
Attached is an Agenda Request and Bid Tabulation for the
regular Commission meeting on April 4, 1995, requesting
award of the construction contract for the referenced
project to Intercounty Engineering, Inc. They are the
lowest responsible responsive bidder and the proposed
contract amount is $179,544.00.
This project consists of constructing a sewage lift station
to serve the new school. Additionally, the lift station is
sized to accommodate additional flows from the future
development of the Blood's property. Any pump modification
which may be required will be the responsibility of the
Blood's Development.
The funding source for this project is account no.
441-5181-536-69.15 (Water/sewer Fund Connection Fees) for
$179,544.00.
Please place this item on the agenda for Commission
approval.
DB:RU:mm:kt
File: Project No. 93-32.1
DB3321A.MRM
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City of Delray Beach
Budget Transfer Form
(1) Departmental Line Transfer (2) Date March 31, 1995
(3) Interfundllnterdepartmental Transfer (4) Batch Number
(5) Requested By: Linda Turnage, Budget Administrator
PROJECT 11 (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
441-5181-536.99-01 Project Reserve 7,627
93-32.1 441-5181-536.69-15 School Site S Lift Sta 7,627
(10) TOTAL 7,627 7,627
JUSTIFICATION: Increase funding for School Site S Lift Station 59E to award bid for
constructing a sewage lift station. Commission Agenda April 4, 1995
Department Head __ Asst City Manager -,
Finance Director --- City Manager . - .. - -
(11) Budget Revision Date (12) Control Number
(13) Period (14) Count
ORIGINAL-BUDGET CANARY -FILE PINK-DEPARTMENT
.
"
.
Agenda Item No.: U.If
AGENDA REOUEST
Date: March 29. 1995
Request to be placed on:
_____ Regular Agenda
Special Agenda
_____ Workshop Agenda When: April 4. 1995
Description of item (who, what, where, how much): Staff reauests award of the
construction contract for the School Site 's' Entrance Road and Intersection
Improvements (Proiect No. 93-32.2) to Hardrives of Delrav. as thev were the
lowest responsible responsive bidder. with their bid of S216.225.00. This
proiect consists of constructina an entrance road to the school. realianina the
intersection of Germantown Road and Linton Boulevard and constructina a riaht
turn lane on Linton Boulevard.
Fundina source for this pro;ect is account no. 334-3162-541-63.13 (General
Construction Fund).
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review ~red on all items involving expenditure of funds):
Funding available: YE VNO
Funding aiternatives ~~ ~ ffliC"l!O)
~ Account No. · Description ~~f j- f#i .~ _ pjJ. 't5!R ',fibrJ.!> ~
. Account Balance2:J0, z;3f N N 9'-. Fh S I !;;
City Manager Review:
(.- zt;v1
Approved for agenda: ~NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
Fi le: AG3321.MRM
.
"'
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager P'~
FROM: C. Danvers Beatty,
city Engineer
DATE: March 29, 1995
SUBJECT: School site's' Entrance Road and Intersection
Improvements
Project No. 93-32.2
Attached is an Agenda Request and Bid Tabulation for the
regular Commission meeting on April 4, 1995, requesting
award of the construction contract for the referenced
project to Hardrives of Delray. They are the lowest
responsible responsive bidder and the proposed contract
amount is $216,225.00.
This project consists of constructing an entrance road to
the school, realigning the intersection of Germantown Road
and Linton Boulevard and constructing a right turn lane on
Linton Boulevard.
The funding source for this project is account no.
334-3162-541-63.13 (General Construction Fund) for
$216,225.00. A budget transfer from account no.
334-3162-541-61.17 (General Construction Fund) for
$28,093.74 is attached.
Please place this item on the agenda for Commission
approval.
DB:RU:mm
File: Project No. 93-32.2
DB332322.MRM
f.lI. 'I.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER p;tI(
SUBJECT: AGENDA ITEM # q.A. - MEETING OF APRIL 4, 1995
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MARCH 31, 1994
Attached is the Report of Appealable Land Use Items for the
period March 20 through March 31, 1995. It informs the Commis-
sion of the various land use actions taken by the designated
boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~
~v\1 \ w~
THRU: lANE DOMINGUEZ, DIR TOR
D~PARTMENT OF PLANNI A~ NING
t~" ~ .
FROM: ASMIN ALLEN, PLANNER
SUBJECT: MEETING OF APRIL 4, 1995
REPORT OF APPEALABLE LAND USE ITEMS
MARCH 20, 1995 THRU MARCH 31, 1995
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of March 20, 1995, through March
31, 1995.
BACKGROUND:
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.
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City Commission Documentation
Appealable Items Meeting of April 4, 1995
Page 2
PLANNING AND ZONING BOARD MEETING OF MARCH 20, 1995
A. Approved (7 to 0) , the permanent closure of S. W. 9th
Avenue, between Atlantic Avenue and S.W. 1st Street.
The Planning and Zoning Board also considered the following
items which will be forwarded to the City Commission for final
action.
* Recommended approval (7 to 0) , with conditions, of a
conditional use request to allow a multi-family
development within the PC (Planned Commercial) Zoning
District, located at the southwest corner of Lindell
Boulevard and Federal Highway.
* Recommended approval (7 to 0), of an amendment to the
Land Development Regulations to add home occupations
as an Accessory Use in the R-1-AB, R-l-AAA, and
R-1-AAAB Single Family Residential Zoning Districts.
* Tabled (7 to 0) , an amendment to the Land Development
Regulations to allow for an exemption from certain
property taxes when associated with improvements to
historic properties.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MARCH 22, 1995
l. Approved ( 6 to 0) , the landscape plan for Waterway
East Restaurant a 6,980 sq. ft. restaurant building
addition at an existing shopping center known as
Waterway East, located at the southwest corner of
Atlantic Avenue and Venetian Drive. The site plan was
previously approved by the Board.
2. Approved (7 to 0) , with conditions, a major site plan
modification, architectural elevation plan and
landscape plan associated with the construction of a
4,000 sq. ft. building and an outside storage area for
Turner Outdoor Equipment (John Deere Dealership). The
subject site is located on the east side of North
Federal Highway, approximately 1,100 feet south of
Gulfstream Boulevard. Concurrently, the Board
approved a request to reduce the parking requirement
from 29 to 15 spaces and granted an internal
adjustment to reduce the aisle width from 24 feet to
20 feet.
3. Approved (7 to 0) , with conditions, a change in the
architectural elevation plan associated with the
addition of a new canopy over the pumping islands at
Sherwood Park Texaco, located at the southeast corner
of Congress Avenue and S.W. 10th Street.
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City Commission Documentation
Appealable Items Meeting of April 4, 1995
Page 3
HISTORIC PRESERVATION BOARD
The Historic Preservation Board did not meet during this period.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
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LOCATION MAP FOR
CITY COMMISSION MEETING
OF APRIL 4, 1995
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L-38 CANAL
CITY LIMITS _._.____ P. &t Z.: S.P .RAS. :
A. - PLRMANEN"T CLOSURE O. 1. - WA'ER....r EAST RESTAURAN"T
S,W. 9TH AVENUE 2, - TURNER OllTDOOR EQUIPMENT
I t.l1~ I 1, - SHERWOOD PARK TEXACO
SCALE
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CITY OF DELRAY BEACH, Fl
PI..AKNING DEPAFmIENl
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJJf1
SUBJECT: AGENDA ITEM # q.8. - MEETING OF APRIL 4, 1995
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/WATERWAY EAST RESTAURANT
DATE: MARCH 31, 1995
This is before the Commission to consider an appeal of the Site
Plan Review and Appearance Board's approval of a major site plan
modification for Waterway East Restaurant. The structure will be
located primarily behind the existing Waterway East Shopping
Center at the southwest corner of East Atlantic Avenue and
Venetian Drive, adjacent to the Intracoastal Waterway.
The development proposal is to construct a 6,980 square foot
restaurant with an enclosable outdoor dining area on the west
side of the building facing the waterway, along with parking and
landscaping improvements.
On March 15, 1995, the Site Plan Review and Appearance Board
reviewed the building elevations in conjunction with the site
plan and recommended approval with a vote of 5 to 0 subject to
conditions. The action was appealed on March 21, 1995 by the Bar
Harbour Condominium Association, property owners adjacent to the
south. The focus of the appeal relates to noise, odors and
traffic congestion.
The conditions recommended by staff and by the Site Plan Review
and Appearance Board are that revised plans and documentation be
submitted addressing Site Plan Technical Items 1 - 6 of the staff
report; that an additional handicapped accessible space be
provided on-site; that permits/approvals be obtained from the
Department of Environmental Resources Management and the Army
Corps of Engineers to construct the seawall; that a pedestrian
link from Atlantic Avenue be installed on the west side of the
property; and that the height of the wall along the south
property line be eight feet.
Recommend upholding the Site Plan Review and Appearance Board's
decision and approve the major site plan modification for the
Waterway East Restaurant, based on positive findings and subject
to the conditious outlined above.
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{1}t/1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~tMI~~~R
DEPARTMENT OF PLANNING ND ZONING
FROM: Y A. COSTELLO
R PLANNER
SUBJECT: MEETING OF APRIL 4, 1995
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S
APPROVAL OF A MAJOR SITE PLAN MODIFICATION FOR
WATERWAY EAST RESTAURANT.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of the site plan modification approval granted by
the Site Plan Review and Appearance Board for the Waterway
East Restaurant. The subject property is located at the
southwest corner of East Atlantic Avenue and Venetian
Drive, adjacent to the Intracoastal Waterway.
SPRAB action was taken on March 15, 1995. The action was
appealed by the Bar Harbour Association (adjacent property
owners to the south) on March 21, 1995. The focus of the
appeal relates to noise, odors and traffic congestion.
BACKGROUND:
The property contains a 31,207 square foot condominiumized
shopping center development known as Waterway East (900 East
Atlantic Avenue) . The development proposal is to construct a
6,980 sq. ft. restaurant (Waterway East Restaurant) with an
enclosable outdoor dining area (west side of the building,
facing the Intracoastal Waterway) and an enclosed service
courtyard/loading area (south side of the building), along with
parking and landscaping improvements. The proposal also
includes construction of a 6 ' high c. b. s . wall along the west
half of the south property line, a 6 ' high c.b.s. refuse
container area, and a seawall along the west property line
adjacent to the restaurant. A complete analysis of the proposal
is found in the attached Site Plan Review and Appearance Board
Staff Report.
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City Commission Documentation
Meeting of April 4, 1995
Appeal of SPRAB's Action re: Major Site Plan Modification for
Waterway East Restaurant
Page 2
The site plan modification for the restaurant was approved by
the Site Plan Review and Appearance Board (SPRAB) on March 15,
1995 with conditions. On March 21, 1995, SPRAB's action was
appealed by Bar Harbour Apartments (condominiums).
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
At its meeting of March 15, 1995, the Site Plan Review and
Appearance Board reviewed the site plan modification for the
Waterway East Restaurant. The Board followed the established
quasi-judicial procedures in considering the project. City
staff and the applicant offered testimony which supported the
development proposal. The testimony stated the following: that
the proposal complies with the City's Comprehensive Plan and
Land Development Regulations; that parking requirements and
traffic concurrency have been met; that appropriate site
lighting would be installed which would prohibit glare spillover
to adjacent properties; that a wall will be installed along the
west half of the south property line; the dumpsters will be
screened by a wall and remain in their current location, which
is adjacent to the Miramar Gardens dumpster; extensive
landscaping will be provided adjacent to the restaurant and
along the south property line; and, landscape improvements will
be made to the existing parking lot.
There was public testimony in opposition to the request. The
objections mainly related to the noise of the restaurant as well
as loading and trash pick-up, traffic congestion, inadequate
parking facilities, and odors created by the trash and
restaurant. There were suggestions presented to the Board to
further mitigate impacts by increasing the height of the
perimeter wall from the originally proposed 6' to 8' in height,
providing additional insulation interior to the structure to
reduce noise, enclosing the outside dining area along the west
side of the building, limiting the hours of operation, and
reversing the building footprint to locate the service area on
the north side of the building.
The Board was supportive of the development proposal and felt
that the project would be an asset to City. However, they were
sympathetic to the adjacent property owner's concerns and took
some of their suggestions into consideration. The Board briefly
discussed "flip-flopping" the restaurant. As proposed, the
restaurant structure will be set back 25' from the south
property line with the service/loading area located 10' from the
property line. If the restaurant were "flipped", the building
would be set back 10' from the south property line, which would
place the restaurant structure closer to the residences. The
Board took this into consideration and did not recommend any
changes to the orientation of the structure.
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City Commission Documentation
Meeting of April 4, 1995
Appeal of SPRAB's Action re: Major Site Plan Modification for
Waterway East Restaurant
Page 3
After lengthy discussion, the Board voted 5-0 (Mr. Mouw absent,
Mr. Sheremeta stepped down) to approve the site plan
modification for Waterway East Restaurant based upon positive
findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(F)(5) (Compatibility) of the Land Development
Regulations and the policies of the Comprehensive Plan subject
to the following conditions:
1. That revised plans and appropriate documentation be
submitted addressing Site Plan Technical Items 1 - 6
of the Staff Report;
2. That an additional handicapped accessible space be
provided on-site;
3. That permits/approvals be obtained from the Department
of Environmental Resources Management (DERM) and the
Army Corps of Engineers to construct the seawall; and,
4. That a pedestrian link from Atlantic Avenue be
installed on the west side of the property.
The Board continued action on the landscape plan with the
recommendation that the wall be increased to 8' in height and
that the height of the trees on the south side of the
service/loading area be increased to provide a canopy effect
adjacent to the service area to help reduce noise. The Board
then, recommended approval of the elevations subject to the
condition that on the west side of the dining porch (adjacent to
Intracoastal Waterway), no less than 30% of the window panels be
in a fixed position. On March 21, 1995, the City Commission
approved the architectural elevations with that condition as
recommended by SPRAB. On March 22nd, SPRAB approved the revised
landscape plan which incorporated the Board's previous
recommendations regarding the height of the wall (8' ) and the
installation of taller ( 18 ' ) trees.
ALTERNATIVE ACTIONS:
A. Continue with direction and concurrence.
B. Uphold the Site Plan Review and Appearance Board's decision
and approve the major site plan modification for the
Waterway East Restaurant based upon positive findings with
respect to Chapter 3 (Performance Standards) and Section
2.4.5(F)(5) (Compatibility) of the Land Development
Regulations and the policies of the Comprehensive Plan
subject to conditions.
C. Reverse the Site Plan Review and Appearance Board's
decision and deny the major site plan modification for the
Waterway East Restaurant based upon a failure to make a
positive findings with Section 2.4.3(F)(5) (Compatibility)
of the Land development Regulations, that the property will
not be harmonious to surrounding properties and may cause
depreciation of property values.
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City Commission Documentation
Meeting of April 4, 1995
Appeal of SPRAB's Action re: Major Site Plan Modification for
Waterway East Restaurant
Page 4
RECOMMENDED ACTION:
By motion, uphold the Site Plan Review and Appearance Board's
decision and approve the major site plan modification for
Waterway East Restaurant based upon positive findings with
respect to Chapter 3 (Performance Standards) and Section
2.4.5(F)(5) (Compatibility) of the Land Development Regulations
and the policies of the Comprehensive Plan subject to the
following conditions:
1. That revised plans and appropriate documentation be
submitted addressing Site Plan Technical Items 1 - 6
of the Staff Report;
2. That an additional handicapped accessible space must
be provided on-site;
3. That permits/approvals be obtained from the Department
of Environmental Resources Management (DERM) and the
Army Corps of Engineers to construct the seawall;
4. That a pedestrian link from Atlantic Avenue be
installed on the west side of the property; and,
5. That the height of the wall along the south property
line be at 8 feet.
Attachments:
* Appeal Letter
* SPRAB Staff Report and Documentation of March 15, 1995
" , .
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t(;/u 13ar ~r60ur r;fparinunb, dn.~.
. COHDClMI_
86 MacFarlane Drive, Delray Beach, Florida 33483
Telephone 278-5000
APPEAL TO THE CITY COMMISSION
CITY OF DElRA Y BEACH
MARCH 21. 1995
IDENTIFICATION: Site plan for proposed restaurant in parking area of
Waterway East. Decision to approve the building plan was made at the
meeting of the Site Pian Review and Appearance Board on i'1arch 15. 1995.
BASIS OF APPEAL: The design of the proposed restaurant is definitely
not in keeping with the concept of what Delray Beach, as an upscale ALL
AMERICAN CITY, is all about. The building of a restaurant, with its
attendant noise from service, trash and garbage pickup trucks. kitchen
and dumpster odors, noises from patrons and persons working in the
restaurant slamming doors and starting engines as they leave in the
early hours of the morning, and traffic congestion, is not in keeping with
the current tranquility and quiet enjoyed by the large number of persons
living in Bar Harbour Apartments, Miramar Garden Apartments, Barr
Terrace and adjacent dwe llings in the immediate area, including those
across the Intracoastal Waterwa!-l.
When we bought apartments in the at~ea, we were well aware of the
commet~cial area, Waterway East. However, Waterway East is and has
been a good neighbor which ceases operations in the late afternoon and
does not interfere with the evening hours. We expected this to continue
and not be changed by a busy restaurant.
WHAT WE WANT: We ask that approval of the site plan be reversed and
building of the proposed r'estaurant be disallowed. When we appeared at
Ihe meeting on March 15. 1995. we were not "llowed 10 express our ~~
complete list of objections. :\~
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~/u, 13ar 3far60ur O/parbnmb, tlnc.
A""""""",,,,,
86 MacFarlane Drive, Delray Beach, Florida 33483
Telephone 278-5000
We feel that the proposed restaurant would become a Banana Boat type
restaurant with open balcony, music, dock and hours of closing about
1 :30 AM and employees leaving up to an hour or so later. This is contrary
to the quality of life we have always enjoyed in Dekay Beach. We,
therefore, vehemently oppose a restaurant in the parking area of
Waterway East, 900 East Atlantic Avenue, Dekay Beach
BY WHOM: The concerned owners of the Bar Harbour Apartments, Inc.,
86 MacFarlane Drive.. De kay Beach, FL 33483
Board of Directors, Bar Harbour Apartments, Inc.
Representing the owners of 85 apartments,
~e'lb!t rn L PJrlt 11'lfrt~. ..-- --
William C. Mu get! I
President-
CC: Mayor Thomas E. Lynch
Commissioner Jay Alperin
Commissioner Kenneth Ellingsworth
Commissionef~ D(.1vid E. Randolph, Sr.
Commissioner Barbara D. Srnith
Mr. David T. Harden, City Manager
Director Diane Dominguez
"' ,
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~ITE PLAN REV~W AND APPEA~ANCE BOARD
CITY OF DELRA Y BEA\.,H --- v r AFF REPORT ---
. REVISED 3/24/95
OPEN SPACE, PAGE 3
MEETING DATE: MARCH is, 1995
AGENDA ITEM: V.A. WATERWAY EAST RESTAURANT
ITEM: MAJOR SITE PLAN MODIFICATION, LANDSCAPING AND ELEVATIONS
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Owner........................ . Waterway East Condominium
Association, Inc.
Contract Purchaser............Holding and Management, Inc.
Agent.........................Paul Slattery Inc.
Slattery and Root,
Location......................Southwest corner of East Atlantic
Avenue and Venetian Drive.
Property Size.................3.29 Acres
City Land Use Map
Designation...................Commercial Core
City Zoning...................CBD (Central Business District)
Adjacent Zoning........North: RM (Medium Density Residential)
East: CBD
South: RM
West: CBD, RM and CF (Community
Facilities)
Existing Land Use.............Existing 31,207 square foo~
shopping center with attendant
parking and landscaping.
Proposed Land Use..'...........Construction of a 6,980 square
foot restaurant with associated
parking and landscape
modifications.
Water Service." .",.., ...... .Existing on site.
Sewer Service,........ ,...... ,Exigting on site. AGENDA ITEM: V.A.
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I T E M B E FOR E THE BOA R 0 :
The action before the Board is that of approval of the
following aspects of a Major Site Plan Modification
for Waterway East Restaurant:
* site plan;
* landscape plan; and
* building elevations
The subject property is located at the southwest
corner of East Atlantic Avenue and Venetian Drive.
B A C K G R 0 U N D .
.
The subject property is unplatted and contains 3.29 acres. The
property is improved with an existing shopping center known as
Waterway East (900 East Atlantic Avenue).
The existing building was constructed in 1977 pursuant to the LC
(Limited Commercial) zone district regulations. with the
Citywide Rezoning of October, 1990, the subject property was
rezoned from LC to CBD (Central Business District).
On January 17, 1995, a request (application) for site plan
approval to add a 6,980 sq. ft. restaurant (Waterway East
Restaurant) was submitted and is now before the Board for
action.
PRO J E C T DES C RIP T ION .
.
The property contains a 31,207 square foot condominiumized
shopping center development known as Waterway East (900 East
Atlantic Avenue) . The development proposal incorporates the
following:
* Construction of a 6,980 sq. ft. restaurant with an
enclosable outdoor dining area (west side of the building,
facing the Intracoastal Waterway) and an enclosed service
courtyard/loading area (south side of the building);
* Elimination of 23 parking spaces at the southwest corner of
the property to accommodate the proposed structure;
* Removal of a 76 sq. ft. metal shed;
* Construction of a sea wall along the west property line
adjacent to the proposed restaurant;
* Construction of a 6 · high c.b.s. wall along -the west half
of the south property line as well as a 6' high c.b.s.
refuse container area (3 dumpsters) with vision obscuring
gates and an entry wall along Venetian Drive; and,
* Reconfiguration and upgrading of the existing parking lot
and installation of associated landscaping.
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SPRAB Staff Repo( (
Waterway East Restaurant - Major Site Plan Modification'
Page 2
SIT E P LAN A N A L Y S IS:
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.
Parking
Pursuant to Section 4.6.9 (C) ( 3) (e) , shopping centers
with a floor area between 25,000 and 400,000 sq. ft. shall
provide 4 parking spaces per 1,000 sq. ft. of total
leasable area , irrespective of the uses. The existing
shopping center contains 31,207 sq. ft. and the proposed
restaurant consists of 6,980 sq. ft. for a total floor area
of 38,187 sq. ft. A total of 153 parking spaces are
required and 158 have been provided.
While the required parking has been met, adjacent
residences continue to be concerned over whether it will be
adequate. The restaurant's peak business hours will be ,in
the evening, at which time, a maj ori ty of the businesses
wi thin the shopping center will be closed. Gi ven this
factor, the majority of parking spaces for the overall
center will be available and therefore, sufficient parking
will be provided.
Handicapped Accessibility Requirements
Pursuant to the Florida Handicapped Accessibility
Requirements Manual, parking lots containing between 151
and 200 parking spaces must provide 6 handicapped
accessible parking spaces. The site plan only provides 5
spaces, therefore an additional handicapped space must be
provided on-site and is attached as a condition of
approval.
Buildinq Setbacks
The proposed structure meets the building setback
requirements for the CBD zoning district as outlined in
Section 4.3.4(K) (Development Matrix).
Buildinq Height
Pursuant to Section 4.3.4(K), within the CBD zone district,
a maximum building height of 48' is allowed pnd a maximum
height of 45' is proposed. Compliance with this
requirement has been met.
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SPRAB Staff Report
Waterway East Restaurant - Major Site Plan Modification,
Page 3
Open Space
The open space requirements for the CBD zone district are
in the process of being amended to reduce the requirement
from 25% to 0% for properties within the DDA (Downtown
Development Authority) boundaries, which includes the
subject property. Currently, within the CBD zone district,
25% of non-vehicular open space must be provided [LDR
Section 4.3.4(K)]. The overall Waterway East development
provides 25.3%, thus, exceeding the requirement. (Revised
from original report reviewed by SPRAB on 3/15/95).
Site Plan Technical Items:
The following are items that do not require specific action of
the Board, however, the items must be addressed with the
submittal of revised plans.
1. The existing 6 ' utility easement along the south property
line must be extended westward to include the existing fire
hydrant.
2. On the site plan, the recycling containers must be located
on the west side of the dumpster enclosure enclosure, not
the south side as shown.
3. On the landscape plan, the handicapped ramp on the west
side of the building must be indicated on the plans.
4. The proposed entry wall must be located on the interior of
the landscape strip.
5. The site, landscape and engineering plans must be
consistent with each other.
6. The landscape plan must show the accurate location of the
mangrove trees along the west side of the property.
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.
Conservation Element Policy B-2.5 - Whenever new development or
redevelopment is proposed along a waterway, a canal, an
environmentally sensitive area, or an area identified via Policy
B-2.1, an area equivalent to at least 10% of the total area of
the development shall be set aside in an undisturbed state or
25% of native communities shall be retained pursuant to TCRPC
Policy 10.2.2.2. [LDR Section 3.3.4(B)]
.,
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SPRAB Staff Repo( (
waterway East Restaurant - Major Site Plan Modification'
Page 4
This policy is applicable as the property abuts the Intracoastal
Waterway. The entire site is in a disturbed state, therefore,
10% of the total development is not required to be set aside.
However, there are existing stands of mangroves on the west side
of the property along the Intracoastal Waterway. Construction
of the seawall along the west property line will require removal
of some of the mangroves, which must be approved by the Palm
Beach County Department of Environmental Resources Management
(DERM) and the Army Corps of Engineers. It is noted that with
the removal of the mangroves to accommodate the seawall, over
25% of the mangroves (native communities) along the west side of
this property will be retained. Thus, compliance with this
policy will be met. If DERM requires that the mangroves be
retained, the seawall will need to be modified accordingly so as
not to disturb the mangroves.
Coastal Management Element Objective D-2 - There shall not be
any development upon the barrier island which shall reduce
hurricane evacuation time beyond its present level or which
shall lower the level of service at the intersections of A-1-A
and Atlantic Avenue; N.E. 8th street and A-I-A; or at Linton
Boulevard and A-I-A.
The intersection which will be affected by the development
proposal is that at Atlantic Avenue and A-I-A, which is
currently operating at level of service B. The traffic
generated by this development will not lower the level of
service for this intersection. Further, as the restaurant will
not increase the population on the barrier island, it is not
considered to have an impact on hurricane evacuation time.
Based upon the above, compliance with this policy has been met.
Traffic Element Policy C-l. 1 - Through and nonresidential
traffic travel shall be limited and/or restricted in stable
residential areas.
Access will be provided to the restaurant development from
Venetian Drive, a local residential street, which runs through a
stable residential area south of the subject property and
intersects Atlantic Avenue, a commercial corridor to the north.
A majority of the restaurant traffic will travel south on
Venetian Drive from Atlantic Avenue to access the site and vice
versa to exit the site. Thus, there should be minimal traffic
impacts on the stable residential area to the south.
Traffic Element Policy D-2.2 - Bicycle parking and security
facilities shall be required on all new development which occurs
past June 1, 1990. [LOR Section 4.6.9(C)(1)(c)]
-
The existing bicycle rack is to be relocated from a landscape
island to the breezeway of the shopping center/arcade. Thus,
compliance with this policy has been met.
"' '
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SPRAB Staff Repo( (
Waterway East Restaurant - Major Site Plan Modification'
Page 5
R E QUI RED FIN DIN G S :
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, written
materials submitted by the applicant, the staff report, or
minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These
findings relate to the following areas:
Section 3.1.1(A) - Future Land Use Map: The subject property
has a land use plan designation of Commercial Core and is zoned
CBD (Central Business District). Restaurants are allowed as a
permitted use within the CBD zone district [ref. LDR Section
4.4.13(B)(3)]. Based upon the above, it is appropriate to make
a positive finding with respect to consistency with the Future
Land Use Map.
Section 3.1.1(B) - Concurrency: As described in Appendix A, a
positive finding of concurrency can be made as it relates to
water, sewer, streets and traffic, drainage, parks and
recreation, open space, and solid waste.
Section 3.1.1 (C) - Consistency (Standards for Site Plan
Actions): As described in Appendix B, a positive finding of
consistency can be made as it relates to Standards for Site Plan
Actions.
Section 3.1.1 (D) - Compliance With the Land Development
Regulations: As described under the Site Plan Analysis of this
report, a positive finding of compliance with the LDRs can be
made, when outstanding items which have been made a condition of
approval are addressed.
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.
The surrounding zoning designations are: RM (Medium Density
Residential) to the south and north, across Atlantic Avenue; CBD
to the east; and, CBD, CF (Community Facilities) and RM to the
west, across the Intracoastal Waterway. The existing land uses
to the north and south are multiple family developments [Bar
Harbour condominium and Miramar Gardens Apartments to the south,
and Barr Terrace condominium to the north (across Atlantic
Avenue) ] ; to the east is a commercial development known as
Atlantic Center Shoppes; and, west, across the Intracoastal
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SPRAB Staff Repo!
Waterway East Restaurant - Major Site Plan Modification'
Page 6
Waterway, is a commercial development (Busch's Seafood) and a
single family residence. The nearest residential structure is
located approximately 150 feet south of the proposed restaurant
(Bar Harbour condominium).
The residents to the south have raised concerns with respect to
the traffic and noise associated with a restaurant and its
deliveries. A traffic study was submitted and deemed in
compliance with the Palm Beach County Traffic Performance
Standards. A majority of the traffic will utilize Atlantic
Avenue to access the site, thus, there should be minimal traffic
traveling through the residential neighborhood, to the south.
Also, Atlantic Avenue and Venetian Drive is a signalized
intersection, therefore, traffic movements are controlled and no
significant congestion at the intersection should be realized.
With respect to noise, the restaurant's operating hours are
proposed from 11:30 a.m. to 1:30 a.m. , 7 days a week, with
deliveries to occur between 8:00 a.m. and 4:00 p.m. Except for
the dining area on the west side of the building, adjacent to
the Intracoastal Waterway, the building will be fully enclosed.
The outdoor dining area will be equipped with sliding glass
doors which can be closed to reduce noise to acceptable levels.
However, it is anticipated that this restaurant will create
similar noise levels as Busch's Restaurant directly across from
this development. Staff is not aware of any complaints
associated with the operation of Busch's.
The loading area is to be located on the south side of the
building adjacent to the residential development. Compatibility
with the residences will be enhanced by the installation of a 6'
high concrete wall along the west portion of the south property
line (adjacent to Bar Harbour condominiums), and enclosing the
loading area and dumpsters on the south side of the property
with a 6 ' high concrete wall. In addition to screening the
restaurant, the wall and enclosures will also serve as sound
barriers, thereby reducing the noise spillover to the adjacent
residential properties. In conjunction with the wall and
enclosures, extensive landscaping, including trees every 25', is
to be provided along the south property line to further mitigate
any impacts on the adjacent residences. With the installation
of the walls, enclosures, and landscape buffers, the proposed
development will be generally compatible and harmonious with
adjacent properties and should not cause depreciation of
property values.
LAN D S CAP E P LAN A N A L Y S I S :
-
The proposal includes substantial landscaping adjacent to the
restaurant as well as landscape upgrades along the south
property line. At the corners of the restaurant, Coconut Palms
and Gumbo Limbos will be provided along with groundcovers and
accent plantings. Along the west side of the building, Juniper
will be provided along with groupings of Key Spider Lillies at
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SPRAB Staff Repo( (
Waterway East Restaurant - Major Site Plan Modification-
Page 7
the porch entrance. On the north and east sides of the
building, Leadwort foundation plantings will be provided.
Between the perimeter and loading/service area walls (south side
of the bui lding) , Coconut Palms and Green Buttonwoods will be
provided together with underplantings. The existing Sea grape
hedge along the south property line will be pruned to
accommodate the perimeter wall. Along the south property line,
Sabal Palms will be provided adjacent to the dumpster area and
Green Buttonwoods will be installed on the balance of the
property line.
Landscape upgrades (additional trees and underplantings) will
also be made to the existing landscape islands within the
parking area. Royal Palms with Jasmine groundcovers will be
provided within the landscape islands adjacent to the primary
access drive on the south side of the property, while Live Oaks
with Liriope groundcovers will be provided within the landscape
islands on the north side of the parking area adjacent to the
shopping center. The proposed landscaping exceeds the
requirements of the Landscape Code and will further complement
the restaurant and shopping center.
Landscape Plan Technical Comments:
The following are items that do not require specific action of
the Board, however, the items must be addressed with the
submittal of revised plans.
1. The Australian Pines just north of the restaurant must
be removed;
2. Underplantings are to be provided beneath the Sabal
Palm groupings within the landscape islands; and,
3. A hedge must be provided along the west side of the
parking area north of the restaurant.
B U I L DIN G E LEV A T ION S A N A L Y S I S .
.
Proposed Restaurant
The proposed building will be constructed of concrete block and
is of the Florida Vernacular architectural style with a centrally
located cupola. The walls and dormers will be stucco finished
with lap siding to be provided at the gable ends and the roof
material will be standing metal seamed. The cupola will be
octagon-shaped with skylights and Bahama style shutters on all
sides. Decorative railings will be installed adjacent to the
porch areas on the east and west sides of the building with
operable shutters provided for all windows. On the west side of
the building (facing the Intracoastal Waterway) , sliding glass
doors along with awnings are proposed around the dining area.
The building and cupola will be painted white with a beige base,
while the roof will be teal. The awnings, shutters and fascia
will be blue. This color scheme reflects that of the existing
shopping center.
"
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SPRAB Staff Repo( (
Waterway East Restaurant - Major Site Plan Modification'
Page 8
Although the proposed structure will be located primarily behind
the existing shopping center, it is technically considered an
outbuilding and is therefore, subject to the provisions of
Section 4.6.18(B)(13) (Outbuildings and Shopping Centers). This
code section states that outbuildings within a shopping center
shall be compatible in terms of color, materials, and
architectural style and that the Site Plan Review and Appearance
Board shall make a finding of such compatibility prior to
approval of outbuilding elevations. If the Board determines
that there is not compatibility with respect to any of the
items, then it shall deny the elevations. However, if the Board
feels, despite the incompatibility, the elevations should be
approved they shall forward the elevations to the City
Commission with a recommendation of approval and the City
Commission shall take final action.
The restaurant will be incompatible with the existing shopping
center with respect to architectural style. The applicant has
attempted to incorporate some of the elements of the shopping
center such as color and the combination of a stucco finish and
lap siding. However, the proposed structure is located to the
rear of the shopping center and is somewhat isolated thus, it
will not detract from the center. The architectural style is in
keeping with that used in other developments throughout the City
i. e. Delray Beach Tennis Center Clubhouse and Municipal Golf
Course Clubhouse, and is superior to the architectural style of
the existing shopping center.
Perimeter Wall/Dumpster Enclosure
As previously stated, a 6' high c.b.s. wall will be constructed
along the west half of the south property line together with a
c.b.s. dumpster enclosure with vision obscuring gates. The
walls and gates will be painted white which will coincide with
the building.
Entry Wall
Although the site plan shows an entry wall at the Venetian Drive
entrance, details of the wall have not been provided. The
applicant has stated that the design elements of the wall have
not been finalized, and therefore approval of the entry wall is
not requested at this time. Once the final details are
submitted, the item will be scheduled for Board action.
REV I E W B Y 0 THE R S :
The development proposal is not within a geographical area
requiring review by the Historic Preservation Board (HPB).
Community Redevelopment Aqency
At its meeting of January 26, 1995, the Community Redevelopment
Agency reviewed and recommended approval of the development
proposal.
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SPRAB Staff Repo( (
Waterway East Restaurant - Major Site Plan Modification-
Page 9
Downtown Development Authority
At its meeting of February 15, 1995, the Downtown Development
Authority reviewed and recommended approval of the development
proposal.
Special Courtesy Notice:
Courtesy notices were provided to the following homeowner's and
neighborhood associations:
* Beach Property Owner's Association
* Barr Harbour Condominium Owner's Association
* Miramar Gardens Apartments
* Palm Square Homeowner's Association
Letter of objections, if any, will be presented at the SPRAB
meeting.
ASS E SSM E N T AND CON C L U S ION .
.
The proposed development is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development
Regulations. Concerns raised with respect parking and noise
appear to have been addressed with the site plan. The parking
requirement has been exceeded and the majority of restaurant
traffic will access the site from Atlantic Avenue, which has
sufficient capacity to accommodate the additional volumes. This
traffic flow should minimize traffic traveling through the
neighborhood to the south.
Although the architectural style of the restaurant is not
compatible with the shopping center, it will complement the
shopping center. There will be substantial landscaping as well
as a 6 ' high concrete wall along the south property line to
buffer the residences, which will enhance the restaurant's
compatibility. Thus, the development proposal will be an
enhancement to the area and will have a positive economic impact
on the CBD corridor.
A L T ERN A T I V E ACT ION S .
.
A. Continue with direction and concurrence.
B. Approve the site plan, landscape plan and building
elevations for Waterway East Restaurant based upon positive
findings with respect to Chapter 3 (Performance Standards)
and Section 2.4.5(F)(5) (Compatibility) of the Land
Development Regulations and the policies of the
Comprehensive Plan subject to conditions.
C. Deny the site plan, landscape plan and building elevations
for Waterway East Restaurant based upon a failure to make a
positive finding with respect to Section 2.4.5(F)(5)
(Compatibility) of the Land Development Regulations.
,
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SPRAB Staff Repo{ (
Waterway East Restaurant - Major Site Plan Modification
Page 10
5 T A F F R E COM MEN D A T ION .
.
A. Site Plan
Approve the site plan for Waterway East Restaurant based
upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.S(F)(S)
(Compatibility) of the Land Development Regulations and the
policies of the Comprehensive Plan subject to the following
conditions:
1. That revised plans and appropriate documentation be
submitted addressing Site Plan Technical Items 1 - 6
of the Staff Report;
2. That an additional handicapped accessible space must
be provided on-site; and,
3. That permits/approvals be obtained from the Department
of Environmental Resources Management (DERM) and the
Army Corps of Engineers to construct the seawall.
B. Landscape Plan
Approve the landscape plan for Waterway East Restaurant
based upon positive findings with respect to Section 4.6.16
subject to the following conditions:
1. That the Australian Pines just north of the restaurant
be removed;
2. That underplantings be provided beneath the Sabal Palm
groupings; and,
3. That a hedge be provided along the west side of the
parking area north of the restaurant.
C. Buildinq Elevations
Recommend to the City Commission approval of the building
elevations for Waterway East Restaurant based upon positive
findings with respect to Section 4.6.18(B)(13)(b), that
although the architectural style of the restaurant will be
incompatible with shopping center, structure will be
complimentary to the overall shopping center as well as the
surrounding areas.
-
Attachments:
* Appendix A
* Appendix B
* Site Plan
* Landscape Plan
* Building Elevations
. , .'
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SPRAB Staff Repo( (
Waterway East Restaurant - Major Site Plan Modification,
Page 11
A P PEN D I X A
CONCURRENCY FINDINGS:
Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to
Objective B-2 of the Land Use Element of the Comprehensive Plan
must be met and a determination made that the public facility
needs of the requested land use and/or development application
will not exceed the ability of the City to fund and provide, or
to require the provision of, needed capital improvements for the
following areas:
Water:
Water service will be provided via a service lateral connection
to an existing 8" water main located along the south property
line approximately 200 feet east of the proposed structure.
Adequate fire suppression is accommodated via an existing fire
hydrant located along the south property line. No water main
extensions and/or upgrades are required with this development
proposal.
Sewer:
Sewer service will be provided via a service lateral connection
to the existing sewer system of the Waterway East development.
No sewer main extensions and/or upgrades are required with this
development proposal.
Drainage:
Drainage from the shopping center is currently accommodated via
an existing exfiltration system within the parking lot. The
proposed structure will be situated at the southwest corner of
the site over a portion of the parking area (impervious area)
requiring modification of the drainage system. The proposal
calls for those modifications as well as a drainage connection
to a proposed City drainage line which is to be installed along
the south property line in conjunction with the Atlantic
Avenue/Miramar Drive Pump Station Drainage Project.
Streets and Traffic:
A traffic study was submitted indicating that this development
(Quality Sit-Down Restaurant) will generate 488 new daily trips
to the surrounding roadway network. The traffic study has been
reviewed by the Palm Beach County Traffic Division and
determined to be in compliance with the Palm Beach County
Traffic Performance Standards. Based upon the above, a positive
finding with respect to traffic concurrency can be made.
Parks and Recreation Facilities:
Park dedication requirements do not apply for nonresidential
uses. Thus, the proposed development will not have an impact
with respect to this level of service standard.
.
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SPRAB Staff Repoi
Waterway East Restaurant - Major Site Plan Modification-
Page 12
Solid Waste:
The trash generated each year by the proposed 6,980 sq. ft.
restaurant will be 24.9 pounds per square foot per year (87
tons) . This increase can be accommodated by existing facilities
therefore, a positive finding respect to this level of service
standard can be made.
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" , .
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A P PEN D I X B
STANDARDS FOR SITE PLAN ACTIONS
A. Building design, landscaping, and lighting (glare) shall be
such that they do not create unwarranted distractions or
blockage of visibility as it pertains to traffic
circulation.
Not applicable
Meets intent of standard X
Does not meet intent
B. Appropriate separation of travelways is made for vehicles,
bicycles, and pedestrians in a manner consistent with
objective D-l of the Traffic Element.
Not applicable
Meets intent of standard X
Does not meet intent
c. Open Space enhancements described in Open Space and
Recreation Objective B-1, are appropriately addressed.
Not applicable
Meets intent of standard X
Does not meet intent
D. That any street widening associated with the development
shall not be detrimental upon desired character and
cohesiveness of affected residential areas.
Not applicable ~
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential
purposes shall be planned in a manner which is consistent
with adjacent development regardless of zoning designations.
Not applicable ~
Meets intent of standard
Does not meet intent
-
F. Vacant property shall be developed in a manner so that the
future use and intensity are appropriate in terms of soil,
topographic, and other applicable physical considerations;
complementary to adjacent land uses; and fulfills remaining
land use needs.
"' , -
"
( (
Not applicable ~
Meets intent of standard
Does not meet intent
G. In order to provide for more balance demographic mix, the
development of "large scale adult oriented communities" on
the remaining vacant land is discouraged.
Not applicable ~
Meets intent of standard
Does not meet intent
-
"' , .
.
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~~ 13ar 3fm.60ur G1parlnunb, !Inc.
A~U11
86 MacFarlane Drive, Delray Beach, Florida 33483 RECEIVED
Telephone 278-5000 ..3/ 0111 95
6: 00 pm
CITY CLERK
APPEAL TO THE CITY COMMISSION
CITY OF DELRA Y BEACH
MARCH 21" 1995
IDENTIFICATION: Site plan for proposed restaurant in parking area of
Waterway East. Decision to approve the building plan was made at the
meeting of the Site Plan Review and Appearance Board on March IS, 1995.
BASIS OF APPEAL: The design of the proposed restaurant is definitely
not in keeping with the concept of what De lray Beach, as an upscale ALL
AMERICAN CITY, is all about. The building of a restaurant, with its
attendant noise from service, trash and garbage pickup trucks, kitchen
and dumpster odors, noises from patrons and persons working in the
restaurant slamming doors and starting engines as they leave in the
early hours of the morning, and traffic congestion, is not in keeping with
the current tranquility and quiet enjoyed by the large number of persons
living in Bar Harbour Apartments, Miramar Garden Apartments, Barr
Terrace and adjacent dwe 11ings in the immediate area, including those
across the Intracoastal Waterway.
When we bought apartments in the area, we were well aware of the
commercial area, Waterway East. However, Waterway East is and has
been a good neighbor which ceases operations in the late afternoon and
does not interfere with the evening hours. We expected this to continue
and not be changed by a busy restaurant.
WHAT WE WANT: We ask that approval of the site plan be reversed and
building of the proposed restaurant be disallowed. When we appeared at
the meeting on March 15, 1995, we were not allowed to express our
comp lete list of objections.
"' ' "
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~~ 1Jar 3fm.hour Gtparbtunb, !Inc.
A CONllClUUItUU
86 MacFarlane Drive, Delray Beach, Florida 33483
Telephone 278-5000
We feel that the proposed restaurant UJou ld become a Banana Boat type
restaurant with open balcony, music, dock and hours of closing about
1 :30 AM and employees leaving up to an hour or so later. This is contrary
to the quality of life we have always enjoyed in De lray Beach. We,
therefore, vehemently oppose a restaurant in the parking area of
Waterway East 900 East Atlantic Avenue, De lray Beach
BY WHOM: The concerned owners of the Bar Harbour Apartments, Inc.,
86 MacFarlane Drive, Delray Beach, FL 33483
Board of Directors, Ba.r Harbour Apartments, Inc.
Representing the owners of 85 apartments,
~lbtwn f1nt;{1~ --
William C. Mu gett
President
CC: Mayor Thomas E. Lynch
Commissioner Jay Alperin
Commissioner Kenneth Ellingsworth
Commissioner David E. Randolph, Sr.
Commissioner Barbara D. Smith
Mr. David T. Harden, City Manager
Director Diane Dominguez
" , .
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"'-- ,"" FILE NUMBER: 1 95-050-SPM-SPR
.
.1 PETITION NAME: I Waterway East Restaurant
A. City of Delray Beach CoIIIprehenaive Plan as Bxisted on ~,
B. City of Delray Beach Land Devel~nt Jlegu1aUons as Bx1ated on 3-15-515,
C. City of Delray Beach Zoning District Map as Bx1sted on 3-15-515,
D. City of Delray Beach Future Land Use Map as Bx1stecS on 3-15-515,
Are BnterecS Into the Record.
DATE
~ I I ENTERED
NUMBER DESCRIPTION OF ITEM IN FILE
1. Application for Site Plan Approval. 1-17-95
2. Site Plan Review and Appearance Board Application. 1-17-95
3. Declaration of Condominium of Waterway East a 1-17-95
commercial condominium.
4. Certificate of Title. 1-17-95
5. List of Unit owners "Exhibit "B". 1-17-95
6. Certificate RE: Affidavit of Consent of Unit Owners. 1-17-95
7. Surveyor's Certificate, Recorded in ORB 2852, Page 1-17-95
1061 - 1062.
8. Indenture "Deed" Recorded ORB 2734, Page 521 - 522. 1-17-95
9. Consent of owners and grant of power of attorney for 1-17-95
the Condominium Owners of Waterway East.
- C. Goodrich Littlefield, Jr., Trust, U/A/D, 5/19/93,
C. Goodrich Littlefield, Jr. Trustee
- Charles V.V. Hardiman
- Elaine P. Hutchinson
- Kimberly Allmon Tiernan
- Mario Scartozzi & Jacqueline Scartozzi
- Christine Laue
- Diane L. Astler N/K/A Diane L. Rosacker
- WPBT Communications Foundation, Inc.
George Dooley, President
- American Canadian Trust Company
- Irving Haber & Jack A. Haber
-",,-- "--- ----- ._-"-------"-"-_..'----' -- -'~~-'-- ----------- -_.~--- .- -----.----,-.--- -_.~------ -------...---,---.----------
.'
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. (. )
. ......._0....
DATE
~ I I ENTERED
. NUMBER DESCRIPTION OF ITEM IN FILE
- Thomas W. Melba & Miera Melba
- CMB Enterprises, Inc.
Charles Beeghly, President
- William F. Koch, Jr. & William F. Koch, III
- Richard G. Winkler & Nancy J. Winkler
- Michael W. Tiernan, Lynda S. Stokes, Ann P.
Tiernan & Martha T. Muldoon, N/K/A Martha T. Ely
- Lynda S. Stokes
- Philip E. Bernet, Trustee
- James T. Smith & Barbara D. Smith
10. Memorandum from Planning and Zoning Department to T.A.C. 1-18-95
Staff transmitting site plans for technical review.
II. Status letter from Jasmin Allen to Paul Slattery dated 1-25-95
January 25, 1995.
12. Response Memorandum from T.A.C. Staff regarding the
review of the site plan for technical compliance:
- Robert A. Kussner, Landscape Inspector 1-19-95
- Jeff Miller, Police Department 1-20-95
- Mike Cato, Fire Marshall 1-30-95
- Jeff Costello, Senior Planner 1-31-95
- Art Pennetta, Plan Reviewer 2-01-95
- Dan Beatty, City Engineer 2-01-95
13. Memorandum from Jasmin Allen to Chris Brown, Executive 1-19-95
Director of the Community Redevelopment Agency dated
January 26, 1995, regarding the scheduling of this
project on the C.R.A. Board Meeting of January 26, 1995.
14. Traffic Impact Analysis for Waterway East Restaurant, 2-03-95
Prepared by Yvonne Ziel, Traffic Consultants, Inc.
dated January 26, 1995.
15. Project transmittal letter from Jeff Costello to 2-07-95
Paul Slattery dated February 7, 1995.
16. Memorandum to Michael Listick from Planning and Zoning 2-08-95
Department regarding scheduling of this project on the
D.D.A. February 15, 1995 Meeting.
17. Memorandum to Jasmin Allen from David Tolces regarding 2-09-95
ownership documentation for Waterway East Restaurant.
18. Letter from Jeffrey Costello to Dan Weisberg, Palm Beach 2-13-95
County Traffic Division, transmitting a copy of the
traffic study.
Page 2
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~ " DATE
] .ITEM I
I I ENTERED
NUMBER DESCRIPTION OF ITEM IN FILE
19. Letter from Paul Slattery to Jeffery Costello, dated 2-21-95
February 20, 1995 regarding the resubmittal of revised
site plans.
20. Memorandum to T.A.C. Staff from Jeff Costello, 2-22-95
dated February 22, 1995, transmitting revised plans.
21. Letter from Larry Schone to Jeff Costello dated 2-23-95
February 22, 1995, regarding the status of ownership
for three units.
22. Response Memorandum from T.A.C. Staff regarding the
review of the revised site plans for technical compliance.
- Robert A. Kussner, Landscape Inspector 2-27-95
- Dan Beatty, City Engineer 3-01-95
23. Letter from Dan Weisberg, P.E., Palm Beach County 3-07-95
Traffic Engineer, dated March 3, 1995 regarding review
of the traffic study for Waterway East Restaurant, sent
via fax on March 3, 1995 and subsequently received by mail
on March 7, 1995.
24. Site Plan Review and Appearance Board Staff Report 3-10-95
for the March 15, 1995 meeting.
- Agenda Item: V.A. Waterway East Restaurant -
Major Site Plan Modification,
Landscaping and Elevations.
25. Record of Building Permitting Activity "Permit Card".
26. Special Notice to Neighborhood Association, Mailed 2-28-95
February 28, 1995.
- Sandy Almy, Beach Property Owners Association
- William Mudgett, Bar Harbour Condominium
- Board of Director, Miramar Gardens Apartment
27. Special Notice to Neighborhood Association, Mailed 3-07-95
March 7, 1995.
- Alieda Riley, Palm Square Homeowners Association
28. Location map exhibit of the subject site.
29. Letter of Opposition from Barr Terrace Condominium 3-14-95
dated March 14, 1995 to Diane Dominguez, Planning
Director.
Page 3
- --"'...--.--.-.-,-," -------- ~--" - - -- - - . - -._--".--- ---------- . ----------------,----
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"ITEM I DATE
I I ENTERED
. NUMBER DESCRIPTION OF ITEM IN FILE
30. Letter of Opposition from the Bar Harbour Apartments, 3-14-95
Inc., dated March 14, 1995 to Diane Dominguez, Planning
Director.
31. Letter from Miramar Garden Apartments to Diane 3-14-95
Dominguez, Planning Director dated March 10, 1995,
regarding concerns with the proposed restaurant addition.
32. Appeal letter from Bar Harbour Apartments, Inc. to City 3-21-95
Commission, received March 21, 1995.
33. City Commission Documentation RE: Architectural 3-21-95
Elevations.
34. City Commission Documentation RE: Appeal of SPRAB's 4-04-95
Approval of the Major Site Plan Modification.
I PLAN DOCUMENTS FOR WATERWAY EAST RESTAURANT I
1. Boundary Survey prepared by O'Brien, Suiter & O'Brien,
Inc., dated February 2, 1995.
2. Site Plan, Sheet A-I, prepared by Slattery & Root
Architects, dated January 16, 1995 and revised
January 31, 1995 and February 17, 1995.
3. Ground Floor Plan, Sheet A-2, prepared by Slattery & Root
Architects, dated January 16, 1995 and revised February
17, 1995.
4. Architectural Building Elevations, Sheet A-3, prepared
by Slattery & Root Architects, dated January 16, 1995 and
revised January 31, 1995.
5. Landscape Plan, Sheet 1 of 1, prepared by A. Grant
Thornbrough & Associates, dated January 4, 1994 and
revised February 21, 1994.
6. Site Plan - Engineering, Sheet C-1, prepared by Sheremeta
Associates, Inc., dated February 6, 1995.
I PLAN DOCUMENTS WHICH HAVE BEEN SUPERSEDED I
7. Boundary Survey, prepared by O'Brien, Suiter & O'Brien,
dated March 28, 1994.
Page 4
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DATE
~ I DESCRIPTION OF ITEM I ENTERED
NUMBER IN FILE
.
8. Site Plan, Sheet A-1, prepared by Slattery & Root
Architects, dated January 16, 1995.
9. Ground Floor Plan, Sheet A-2, prepared by Slattery &
Root Architects, dated January 16, 1995.
10. Architectural Building Elevations, Sheet A-3, prepared
by Slattery & Root Architects, dated January 16, 1995.
11. Landscape Plan, Sheet 1 of 1, prepared by A. Grant
Thornbrough & Associates, dated January 4, 1994.
DOCUMENTS SUBMITTED AT SPRAB MEETING OF MARCH 15, 1995
I. Parking survey conducted by Bar Harbour Condominium 3-15-95
Association.
2. Petitions objecting to restaurant from Bar Harbour, 3-15-95
Miramar Garden Apartments, and Barr Terrace
Condominium Associations.
3. Sketch plan prepared by John W. Hughes, Miramar Garden 3-15-95
Apartments, showing relocation of service area to north
side of building.
T:\Appeals\9S-0S0.spr
Page 5
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RECEIVED
86 MacFarlane Drive 2-C APR 0 4 1995
De lray Beach Florida 33483 cnv MANAGER'S OfH:,
April 3.. 1 995 f
......,..~~:.:.-.;~...b..:~.J,' .
TO THE MA YOR AND CITY COMMISSIONERS
We ore aware tho.t the Site Plan Review and Appeo.rance Board, City of
Delro.y Beo.ch, approved the site and building plans for a restaurant at
Waterway East.
Now, let's talk about quality of life, devaluation of property, and the
forcing of retired persons in their seventies and eighties and beyond.
from their homes.
BO.r HO.rbolJr Apo.rt.ment.s which ore o.djo.cent. t.o t.he proposed rest.o.uro.nt.
has been occupied since 1968. There remain as residents, some of the
origino.1 owners and in several instances when the original owners died,
their children in their retirement years became residents. Why?
Because Bar Harbour Apartments has always enjoyed a peaceful and
quiet existence on the wa.terway with easy access to we 11 located
shopping and restaurants that do not impose on the tranquillity of the
neighborhood.
TIJJO yeors o.go the Cit.y Commissioners bego.n t.he first. of what. o.ppears t.o
be 0. callous attitude toward the quality of life of these and other nearby
residents. Have you ever been enjoying a peaceful Sunday aftemoon on
your balcony only to be rudely disrupted by noise of crowds and music?
Tho.t is a frequent occurrence now that the Rambling Rose waits by our
condominium bo.1cony for the Atlantic Avenue bridge to open.
Now we in our neighborhood face more disrl...Iption from food delivery
trucks.. eo.rly morning tro.sh pick ups, late night cars starting up as
restaurant guests leave at the proposed 1 :30am closing hour and the
restaurant staff departing still later.
This is o. neighborhood that has been accustomed for years to quiet
evenings and weekends where residents after many years of very
productive lives hO.ve sought. to live their well earned retirement yeo.rs,
in pea.cefulness and tranquilit.y.
.
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-
IJJe hO.ve 0.11 been good taxpo.yers, supporters of community activities,
o.nd volunteer services. Now, it seems as though the All American City
plans to take away our quality of life o.nd force many of us to seek other
more tranquil places to reside. Needless to say we will have to sell our
apartments at low prices, and perhaps, that is what you as City
Commissioners desire.
Ple(lBe think over the impo.ct of o. restaurant loco.ted next to the homes of
so many good senior citizens. We do call our apartments, or condos,
"home" for t.hat is l.JJhat they o.re. Would you like the noise and odors and
traffic outside your bedroom window? Wou ld you like to look out your
dining room window to delivery trucks and bright lights?
Think a.bout IJJho.t mO.kes De lro.y Beach unique and cohesive as a
community. Think about reliable taxpayers. THINK QUALITY OF LIFE.
~\)~~ ~\:s; C-~ \\a \l~ QCMA ~ \ \
Ro.ymond V. Randall Priscilla R. Randall
.,
,
INDEX
1. Land Development Regulation 2.4.5(F)(5)
2. City Ordinance Nos. 98.05 and 98.10
3. City Ordinance No. 99.04
4. City Ordinance Section 99.05
5. Florida State Statutes Section 823.05
6. City Ordinance Section 99.34
7. Letter from Fegan Acoustical Consultants
8. Mavflower Holdinq Co., Inc. v. Warrick. et aI, (196 So.2d
428)(1940)
9. Police Report (The Back Room)
10. Police Report (Banana Boat)
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(5) Findings: In addition to provisions of Chapter
~' Three, the approving body must make a finding that development of
the property pursuant to the site plan will be compatible and
harmonious with adjacent and nearby properties and the City as a
whole, so as not to cause substantial depreciation of property
values.
. ..--. . ~_.;:~.: . :
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Section _ 98.05 BUSINESS -PREMISES"-TO.-BE KEPT FREE OF LITTER.
(A) No person owning or occupying a place of business shall
sweep into or deposit in any gutter, street or other public place
within the city the accumulation of litter from any building or
lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the city shall keep
the front, rear and side areas around business premises free of
litter.
(B) The existence of litter on the front, rear and side
areas around business premises shall be prima facie evidence that
the owner or manager of the business put or caused the litter to
be on the front, rear or side areas of the business premises.
('80 Code, Sec. 12-38) (Ord. No. 34-83, passed 5/20/83)
Penalty, see Sec. 98.99
Section 98.10 LITTER IN WATER.
No person shall throw or deposit litter in any fountain,
pond, lake, stream, canal, intracoastal waterway, ocean or any
other body of water whether in a park or elsewhere within the
jurisdiction of the city.
('80 Code, Sec. 12-45) (Ord. No. 34-83, passed 5/20/83)
Penalty, see Sec. 98.99
.'
Section 99.04 LOUD AND UNNECESSARY NOISES ENUMERATED; '\
EXEMPTIONS.
(A) Certain acts declared unlawful. The following acts,
and the causing thereof, among others, are declared to be
unlawful and in violation of this chapter:
(1) Noise for entertainment purposes. It shall be
unlawful for any person or persons to play, use, operate or
perIni t to be played, used or operated, any radio, musical
instrument, phonograph or other machine or device for the
producing or reproducing of sound if such sound is for the
purpose of entertainment or is used for that purpose and can be
heard from the distances stated in subsection ( a) or violates the
parameters set forth in subsection (b) .
(a) Violation will occur if the noise source is
located within an automobile, in or upon a public street,
highway, building, sidewalk, park, thoroughfare or other public
area, or is located in or upon a public access area, such as a
shopping mall, parking lot or the like, or on any private
property, . and the sound can be heard more than fifty (50) feet
from its source or, if the noise source is in a building or other
structure and the sound can be heard more than one hundred (100)
feet away from the building or structure or the boundaries of the
property surrounding such building or structure, whichever is
greater.
(b) It shall be prima facie evidence of violation
of this section if the sound can be heard outside the limits
described in subsection (a) , or creates a noise disturbance
within noise sensitive zones or if said sound violates any
vibration or decibel levels set forth in this chapter (except for
activities open to the public and for which a permit has been
issued by the city according to the criteria set forth in Sec.
99.30.
( c) Where the noise source is located in a
building or other structure, the owner, occupant, resident
manager or other person in charge of the premises shall, if
present, be presumed to have permitted the noise in the absence
; of evidence to the contrary.
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Section 99.05 SOUND LEVELS BY RECEIVING LAND USE.
Maximum permissible sound levels by receiving land use. No
person shall operate or cause to be operated a source of sound as
defined in Sec. 99.04, in a manner as to create a sound level
which exceeds the limits set forth for the receiving land use
category ,in division (A) , (B) and (C) below, when measured on or
~ithin the property boundary of the receiving land use and in the
manner specified in the Code of Recommended Practices, which is
incorporated herein by reference.
(A) Sound levels by receiving land use.
Receiving Land Use Time LSO Sound Level Limit, Decibel
Exterior Interior
R-lAAA 7:00 a.m. through
R-lAAA-B 10:00 p.m. 60 45
R-lAA 10:00 p.m. through
R-lAA-B 7:00 a.m. 55 45
R-IA
R-1A-B
RM-6
RM-IO
RM-IS
PRD-4
PRD-7
PRD-10
SAD (residential only)
NC At all times 65 45
CC
SC
CBD
LC
SAD (nonresidential only)
LI At all times 75 45
HI
(B) The maximum sound levels shall not exceed the L50
limits stated above by more than 15 dB.
(C) Correction for character of sound. For any source
which emits a pure tone or an impulsive sound, the sound level
limit set forth in division (B) above shall be reduced by five
dB.
.'
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823.05. Places declared a nuisance; may be abated and enjoined
Whoever shall erect, establish, continue, or maintain, own or lease any
building, booth, tent or place which tends to annoy the community or injure the
health of the community, or become manifestly injurious to the morals or
manners of the people as described in s. 823.0 I, or shall be frequented by the
class of persons mentioned in s. 856.02,1 or any house or place of prostitution,
assignation, lewdness or place or building where games of chance are engaged
in violation of law or any place where any law of the state is violated. shall be
deemed guilty of maintaining a nuisance, and the building, erection, place, tent
or booth and the furniture, fixtures and contents are declared a nuisance. All
such places or persons shall be abated or enjoined as provided in ss. 60.05 and
60.06.
.
,~
Section 99.34 CITIZEN SUITS.
Nothing in this chapter shall be construed as prohibiting
any person from commencing a civil action on,his own behalf
against any person who is alleged to be in violation of any
provision of this chapter, nor shall this chapter be construed to
impair any other common law or statutory causes of action, or
legal remedies therefrom, of any person for injury or damage
arising from any violation of this chapter or from other law.
('80 Code, Sec. 16-37(d)) (Ord. No. 81-80, passed 12/16/80)
.'
,... DAV'D G. ,^G'N
FAGEN
ACOUSTICAL
CONSUL TANTS
1609 9TH STREET N.
4 April 1995 P.o. BOX 1975
ST. PETERSBURG
Michael Weiner, Esq. FLORIDA )3731-1975
102 N. Swinton Avenue 813.823,,356""
Delray Beach, FI 33444 FAX 813,821 104]6
Re: Waterway East Restaurant, MEMBER OF THE NA TlON"L COUNCil
Acoustical Comments OF ACOUSTICAL CONSULTANTS
Dear Mr. Weiner:
For your general introduction, I have been practicing as a
Acoustician since 1968 and presently own my own firm in St.
Petersburg, Florida since 1972. I am currently a member of The
Acoustical Society of America, The National Council of Acoustical
Consultants and The ASTM Committee on Environmental Acoustics. I
have written noise ordinances and have also conducted Noise
Enforcement Courses in the State of Florida.
At your request I have visited the site and reviewed the SPRAB
Staff Report with regard to potential noise problems. Specifically
the concern is for the residents of Bar Harbour Condominium
located directly south of the Restaurant site.
Local Noise Ordinance criteria specify nighttime not to exceed
noise levels as L50= 55 dBA and the maximum sound level shall not
exceed the L50 by more than 15 dB. L5D is the sound level fifty
percent of the observation time. The measurement location
stipulated is on or within the property boundary; thus the
enforcement location could be on the common property line.
My comments are as follows:
1- Ordinance criteria are actually more lenient than in most
locales; which call for a maximum of 55 dBA and do not
allow the leniency of +15 dBA ( as in 99.05) (B) for
occasional excursions of higher noise levels.
2. I disagree with the Staff report on one specific item;
" . . .6 ft concrete block wall shielding dumpsters." A six
foot high wall will not provide shielding of noise from
the dumpsters.
a. Most dumpsters are at least five feet high,
and the Condominium units are nine floors
high. The only possible shielding from a six
foot wall will occur at the ground level, and even that
will be minimal.
.
.,
Michael Weiner, Esq.
4 April 1995
Page 2
b. Dumpsters are located some distance from the
restaurant. This requires trash to be either
hand carried, or transported on rolling carts.
Carts and containers on carts rattle
significantly depending on the type of wheels
and the parking lot surface.
c. A major problem we have experienced in the
past has been dumping of bottles into the
dumpster late at night. Tossing a trashbag of
bottles into a dumpster makes a heck of a
racket.
3. Open Verandas - Music and activities on the verandas
should be controlled to keep sound levels at a minimum.
Music is usually the major source of noise complaints
from restaurant and lounge facilities. Advise against
outdoor loudspeakers or veranda located performing
qroups.
4 . Kitchen - In most commercial kitchens, the doors and
windows are generally open for ventilation. With the
kitchen on the South side of the building, activity noise
is directed toward Bar Harbour Condominium. A preferable
arrangement would be to locate the kitchen on the North
side of the building.
I trust the above comments will be useful to you, staff and the
hearing commission.
CONSULTANTS
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q,C. - MEETING OF APRIL 4. 1995
CONDITIONAL USE REOUEST/LINDELL VILLAGE
DATE: MARCH 31, 1995
This is before the Commission to consider a request for condi-
tional use approval to establish a multi-family development
within a PC (Planned Commercial) zoning district, The subject
property is located on the south side of Lindell Boulevard
between Federal and Dixie Highways, and contains approximately
12.2 acres.
On January 3, 1995, the Commission passed on first reading an
ordinance to rezone 10,2 acres of the subject property from PC
(Planned Commercial) District to RM (Medium Density Residential)
District, The rezoning was proposed in order to accommodate
development of a 122 unit multi-family project. At second
reading and public hearing on January 17th, the applicant
requested and received a postponement on the rezoning based, in
part, on the property owner's concern that if the multi-family
development proposal was not approved, the property would no
longer have commercial zoning, To address this concern, the
applicant submitted for conditional use approval to allow a
multi-family project in the PC zoning district. In addition, the
applicant has since contracted for the purchase of two additional
acres to be incorporated into the project. These two acres will
accommodate another 24 units, thereby providing a maximum
development potential of 146 units on 12.2 acres, or a density of
roughly 12 units per acre.
The Planning and Zoning Board formally reviewed this item at
public hearing on March 20, 1995, and voted unanimously to
recommend that the conditional use be approved, subject to the
conditions detailed in the attached staff report.
Recommend approval of the conditional use request to establish a
free-standing multi-family development with a density of up to 12
units per acre for Lindell Village, based upon positive findings
with respect to Chapter 3, and Section 2.4.5(E)(5) of the Land
Development Regulations, subject to the conditions recommended by
the Planning and Zoning Board,
.,
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t1V1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~
DIRECTOR OF PLANNING & ZONING
FROM: ~K~LANNER
SUBJECT: MEETING OF APRIL 4, 1995
APPROVAL OF A CONDITIONAL USE REQUEST TO ESTABLISH A
FREE-STANDING MULTI-FAMILY DEVELOPMENT (LINDELL
VILLAGE)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use request to establish a
free-standing multi-family development (Lindell Village).
The project is located on the south side of Lindell
Boulevard, between South Federal Highway and South Dixie
Highway.
B A C K G R 0 U N D:
At its meeting of January 3, 1995, the City Commission approved
upon the first reading of an Ordinance, the rezoning of a 10.2
acre parcel f rom PC (Planned Commercial) to RM (Medium Density
Residential) to accommodate a 122 unit multi-family development.
The applicant's agent requested a postponement to the second
reading of the ordinance, based in part upon the property
owner's concern that if the project fell through the parcel
would lose its commercial designation. To overcome the owner's
concern regarding the rezoning of the property, the applicant
submitted a conditional use application to establish the
multi-family development in the PC zone district.
Subsequent to the first reading of the rezoning ordinance, the
applicant has contracted for the purchase of 2 additional acres.
These parcels are located adjacent to the southeast and
southwest corners of the site and are currently vacant. Since
these parcels were recently put under contract the accompanying
sketch plan does not include the additional acreage.
.'
The attached sketch plan contains 10.2 acres and consists of 122
units within 20 townhouse structures. The two additional acres
(not shown) will accommodate 24 units within 4 townhouse
structures, thereby providing a maximum potential of 146 units.
The townhouse structures will contain rental apartments,
3-stories with a two car garage. The sketch plan also includes
the following elements: two large retention areas, an amenity
area, a common park area, and large perimeter buffers. Access
will be provided to the development from Lindell Boulevard.
The attached Planning and Zoning Staff Report contains
additional background information and a full analysis of the
request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of March 20, 1995. Only one person from the public
spoke on the item, and requested additional information on the
proposal. The Board, by a vote 0 f 7-0 recommended approval of
the Conditional Use modification request subject to the
following conditions:
a. Processing and approval of a full site plan which is
in general compliance with the accompanying sketch
plan.
b. Processing a plat pursuant to LDR Chapter 5.
c. Processing an amendment to the traffic study to
incorporate the anticipated additional 24 units, and
turning movements on Lindell Boulevard to determine if
median modifications will be required.
d. Dedication of 50' for an ultimate right-of-way of 80'
for Dixie Highway.
e. Extension of water and sewer mains, and the
installation of a lift station if deemed necessary.
f. That access be provided to the landlocked parcel
located at the southeast corner of the site, if the
applicant is unable to achieve ownership of the
parcel.
R E COM MEN D E D ACT ION:
By motion, approve the Conditional Use modification to establish
a free-standing multi-family development with a density of up to
12 units per acre for Lindell Village based upon positive
findings with respect to Chapter 3, and Section 2.4.5(E)(5) of
the Land Development regulations subject to the conditions
recommended by the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of March 20, 1995
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: March 20, 1995
AGENDA ITEM: V.A,
ITEM: Conditional Use Request to Allow a Multi-family Development
Within the PC (Planned Commercial) Zoning District.
Owner..........,...,................,....................... Southeast Investments of
Palm Beach County,lnc.
Applicant..............,...........,.................,..,... CG Land, Inc.
Agent.........,...........,.........,..,......,.............. Joseph Torg and Company, Inc.
SHfJIWOClO
Location,..,........"..,.................,...,........... Southwest comer of Federal ClIC WICICS
Highway and Lindell Boulevard.
Property Size.....................,...................... Approximately 12.2 acres
Future land Use Plan..........,.................... Redevelopment Area # 6
Current Zoning....,.................................... PC (Planned Commercial) DWtAY
TO'IOTA
Adjacent Zoning.........................,....North: PC
East: PC and AC (Automotive
Commercial) IICftSE
South: City of Boca Raton: B-4 S'iIIJM
(General Business) and
RBI (General Business ----
and Motel)
West: PC and RM (Multiple Family ~
Residential - Medium Density) SA1UIN
Existing land Use............................,........ Vacant UOIU i
tOlD
Proposed land Use........,......................... Conditional use approval for a 146
unit rental apartment development
with associated recreational IIG1lOClO
facilities, par1dng, and landscaping, ttQIlOA
Water Servlce.........,................................. Existing 1Z' water main in Dixie
Highway. Existing 10" water main in
Lindell Boulevard. Existing 10" water ~
main in Federal Highway. HCIlJoD
Sewer Servlce.............,.........,................... Sewer service will be provided via a
lift station on the site and extension of
an 8" sewer main approximately 700' north
to an existing 8" sewer main in Federal
Highway.
V,^,
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I T E M B E FOR E THE BOARD .
.
The action before the Board is making a recommendation
to the City Commission on a request for Conditional
Use approval for an free-standing multiple-family
development (Lindell Village), pursuant to Section
2.4.5(E).
The subject property is located on the south side of
Lindell Boulevard, between South Federal Highway and
South Dixie Highway.
B A C K G R 0 U N D :
The subject property is comprised of a portion of the Del-Raton
Park subdivision and a portion of Tropic Palms Plat No. 1 which
is currently vacant and has been for many years. It includes
property that was once approved for use as an auto dealership
(Lehman Au to) . The following are the most recent land use
actions that have occurred on the property.
At its meeting of December 19, 1994, the Planning and zoni,ng
Board considered rezoning the 10.2 acre portion of the subject
property from PC (Planned Commercial) to RM (Medium Density) .
The applicant who is a contract purchaser, requested that a
suffix of "12" be added to the RM zoning designation. While the
Board did not have a problem with the density of up to 12 units
per acre, they declined to apply the suffix. The Board felt
that the actual number of units would be more appropriately
determined through the site plan review process. The Board did
however unanimously recommend approval of the rezoning to the
City Commission without the application of a suffix.
At its meeting of January 3, 1995, the City Commission approved
the rezoning request from PC to RM (without a density suffix)
upon the first reading of an Ordinance.
The applicant's agent requested a postponement to the second
reading of the ordinance. The property owner was concerned that
if the project fell through the parcel would lose its commercial
designation. Also, the applicant wanted to obtain comments and
input from the Site Plan Review and Appearance Board on the type
of product and density being proposed prior to final action on
the rezoning.
At its meeting of January 11, 1994, the Site Plan Review and
Appearance Board reviewed the concept plan for the multi-family
development. The Board liked the "urbanized" concept of the
development, however identified a number of issues that needed
to be addressed prior to a formal submission. These issues
involved an increase to the distance between buildings,
provision of additional guest parking spaces, and larger
internal landscape buffers. If these items could be
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P & Z Board Staff Report
Free-Standing Multiple-Family Development (Lindell Village) -
Conditional Use Approval
Page 2
accommodated and 12 units per acre could still be maintained,
the Board would be supportive of the proposed density.
To overcome the owner's concern regarding rezoning the property,
the applicant has submitted a Conditional Use Application to
establish a multi-family development in the PC zone district,
which is now before the Board for action.
PRO J E C T DES C RIP T ION :
The Conditional Use seeks to establish a multi-family
development in the PC zone district on approximately 12.2 acres.
In addition to the 10.2 acre parcel that is the subject of the
postponed rezoning to RM, the applicant has just recently been
able to aggregate approximately two additional acres. These
parcels are located adjacent to the southeast and southwest
corners of the site (see location map) , and are currently
vacant. Since these parcels were recently put under contract
the accompanying sketch plan does not include the additional
acreage.
The sketch plan includes twenty three-story townhouse structures
containing 122 units. The addition of the two acres will
accommodate four three-story structures containing twenty-four
units, for a total of 146 units. The sketch plan also includes
the following elements: two large retention areas, an amenity
area, a common park area, and large perimeter buffers. Access
will be provided to the development from Lindell Boulevard.
CON D I T ION A L USE A N A L Y S I S .
.
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 Comprehensive Plan
Consistency, Future Land Use Map, Concurrency, Compatibility,
and Compliance with the Land Development Regulations (LDRs) .
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted.
Land Use Element Redevelopment Areas - The Redevelopment Area
designation is applied to those areas which have been identified
in the Land Use Element as being in need of redevelopment.
Development shall occur pursuant to a specific "redevelopment
plan" which is to be prepared pursuant to Objective C-2 of the
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P & Z Board Staff Report
Free-Standing Multiple-Family Development (Lindell Village) -
Conditional Use Approval
Page 3
Land Use Element. If a development proposal is presented to the
City prior to the creation and adoption of a redevelopment plan,
that proposal shall be handled in one of the following ways:
'* the application shall be placed on hold for not more than
six (6) months while the redevelopment plan is prepared;
'* the application shall be processed on a case by case basis
with the existing zoning map, the Land Use Element, and the
Housing element providing the Local Planning Agency with
the policy guidance needed to properly dispose of the
application.
The description of the Lindell Boulevard Redevelopment Area (#6)
in the Comprehensive Plan is as follows:
Land Use Element Policy C-2.6 - The Lindell Boulevard and
Federal Highway Redevelopment Area (Redevelopment Area #6)
extends from the C-15 Canal northward between Federal and Dixie
Highways. Half of the land is vacant, almost half is
underutilized as a substandard trailer park, and a few lots have
residences upon them. An effort shall be made to promQte
aggregation of parcels prior to any further development. While
any commercial use is allowable, the future use of the property
is most appropriate for a "destination" use i.e. a use to which
a person will travel. These uses include highly specialized
commercial activities and 'recreation. The incentives provided
under the Large Scale Mixed Use designation could be applied to
this redevelopment area. The area does not include the existing
(Honda) automobile dealership but does include the mobile home
park north of it.
The proposal does involve the aggregation of land as the
subject property is comprised of a large number of
individual lots as well as abandoned rights-of-way and
easements.
Given the property's location, the development of the
property as multi-family may be more realistic than a
destination use (specialized commercial use) . Also, the
development of the property as commercial (retail) may not
be realized given the high vacancy rate of adjacent
commercial properties and shopping centers. Additionally,
traffic concurrency problems on South Federal Highway
reduce the likelihood that a destination type commercial
operation could be readily approved at this location.
Thus, while the proposal is not entirely consistent with
the existing description in the Comprehensive Plan, it may
be more appropriate to delete or amend that description
than to deny the proposal based on that inconsistency, At
the very least, the conditional use should be considered on
its own merits, as permitted in the "case by case" option
under the policies for Redevelopment Areas in the
Comprehensive Plan,
"
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P & Z Board Staff Report
Free-Standing Multiple-Family Development (Lindell Village) -
Conditional Use Approval
Page 4
Land Use Element Objective A-I - Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and
other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
A. Physical Considerations - The property was previously
disturbed in order to accommodate an automobile
dealership, which was never constructed. There are no
special physical or environmental characteristics of
the land that would be negatively impacted by the
proposed residences.
B. Complimentary with Adjacent Land Uses - The proposed
multiple-family development will be complimentary with
the residential communities to the west of Dixie
Highway and east of Federal Highway as well as the
adjacent commercial uses.
C. Fulfills Remaininq Land Use Needs - The Housing
Element of the Comprehensive Plan calls for
development of property to provide a variety .qf
housing types. Further, within Redevelopment Areas
medium density residential concentrations shall be
provided. Along the Federal Highway Corridor, there
is an abundance of vacant and underutilized commercial
properties. This residential development will result
in the reduction of commercial zoned property from a
commercially saturated area and yet fulfill the need
for medium density residential within redevelopment
areas.
Conservation Policy B-2.5 - Whenever new development or
redevelopment is proposed along a waterway, a canal, an
environmentally sensitive area, or an area identified via Policy
B-2.l, an area equivalent to at least 10% of the total area of
the development shall be set aside in an undisturbed state or
25% of native communities shall be retained pursuant to Treasure
Coast Regional Planning Commission Policy 10.2.2.2.
This policy is applicable as the property abuts the SFWMD
C-15 Canal. However, the site is in a disturbed state and
there are no native communities that abut the canal. This
policy will be further addressed with review of a site and
development plan proposal. The RM regulations require this
development to provide a minimum 25% open space.
Traffic Element Table T-4 - The ultimate right-of-way width for
Dixie Highway between Linton Boulevard and the South City Limits
is 80'.
Presently, there exists 30' of right-of-way along Dixie
Highway adjacent to this property, and a 50' right-of-way
dedication is required for the ultimate right-of-way of
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P & Z Board Staff Report
Free-Standing Multiple-Family Development (Lindell Village) -
Conditional Use Approval
Page 5
80' . As the FEC railroad right-of-way exists to the wes t
of Dixie Highway all of the right-of-way dedication must be
obtained along the east side of Dixie Highway. Only a
portion of the property abuts Dixie Highway and that area
is indicated on the sketch plan as landscaping and a
retention pond. Thus, it appears that the 50' right-of-way
dedication can easily be accommodated, and has been made a
condition of approval.
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 Redevelopment Area #6 Land Use Map
designation and is currently zoned PC. A multi-family
development is allowed as a conditional use within the PC zone
district which is the request now before the Board. Unlike
other land use designations, there are no zoning classifications
that are automatically consistent with a Redevelopment Area
designation. The proposal to aggregate land into one
development is consistent with the current description of
Redevelopment Area #6. The proposed free-standing
multiple-family development does not conform to the description
of this area, however as previously discussed, the option exists
to consider the proposal on a "case by case" basis.
This proposal consists of a majority of the property that lies
within Redevelopment Area #6. If the conditional use is
approved the request to rezone the property to residential will
again be brought forward. At that point it would be appropriate
that the redevelopment designation be removed and replaced with
a specific underlying land use designation. Removal of the
current land use designation will require an amendment to the
Future Land Use Map. This amendment can be processed with
Comprehensive Plan Amendment 95-2 which will be initiated in the
coming months.
CONCURRENCY: Pursuant to Section 3.1.1(B), Concurrency as
defined pursuant to Objective B-2 of the Land Use Element of the
Comprehensive Plan must be met and a determination made that the
public facility needs of the requested land use and/or
development application will not exceed the ability of the City
to fund and provide, or to require the provision of, needed
capital improvements for the following areas:
Water & Sewer:
The projected water and sewer flows for a maximum potential
146-unit multi-family development would be 31,974 gallons per
day. Development of these properties will not cause an adverse
impact on water and sewer level of service standards,
P & Z Board Staff Report
Free-Standing Multiple-Family Development (Lindell Village) -
Conditional Use Approval
Page 6
Water service is available adjacent to the property via an
existing 10" water main along both Lindell Boulevard and Dixie
Highway. Sewer service is to be provided via a main extension
south on Federal Highway along with the installation of a lift
station. With future development any main extensions and/or
upgrades will be the responsibility of the developer.
Drainage:
The accompanying sketch plan indicates that there will be two
large retention areas located along the front of the project
which should be sufficient to retain drainage on-site and
comply with South Florida Water Management District Standards.
This item will be specifically addressed through the site plan
review process.
Streets and Traffic:
The potential 146-unit multiple family development will generate
1,022 average daily vehicular trips. The major roadways
adjacent to the subject property are Federal Highway, a State
Principal arterial, and Dixie Highway, a County Collectq~.
Although this segment of Dixie Highway roadway link (between
Linton Boulevard and the C-15 Canal) is currently operating at
an acceptable level of service (Level Of Service "B"), the
Federal Highway roadway link is currently operating at a
substandard level of service (Level Of Service "E") . With the
rezoning request a full traffic study was submitted for a 122
unit multi-family project, and was found to be in compliance
with the Palm Beach County Traffic Performance Standards. If
the Conditional Use is approved, this study must be amended to
include the anticipated additional 24 units. This may be
addressed with the site and development plan submittal.
As a separate issue, the traffic study did not address turning
movements on Lindell Boulevard. The sketch plan indicates that
the entrance to the project does not line up with a median cut.
Modifications to the medians may be required and must be
addressed with the site and development plan submittal.
Parks and Recreation:
The Comprehensive Master Plan does not note any deficiencies
for park and recreational facilities in the southeast quadrant
of the City. The proposed development will provide for large
internal recreational areas for its residents. In addition
a parks and recreation impact fee of $500 per unit will be
assessed at the time of building permit.
Solid Waste:
A multi-family development with a maximum potential of 146 units
will generate 140 tons of waste per year according to Solid
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P & Z Board Staff Report
Free-Standing Multiple-Family Development (Lindell Village) -
Conditional Use Approval
Page 7
Waste Authority figures. Sufficient space exist in current
land-fills to accommodate this proposal. Thus, a positive
finding can be made to this Level Of Service standard.
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 objectives and
policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
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 redevelopme.nt
of nearby properties.
The existing land uses to the north are an auto repair shop
(Certified Auto Repair Service) , four single family homes, and
vacant land. South, across the C-15 Canal, is vacant land and a
City of Boca Raton water storage tank. East is Delray Isuzu
auto dealership, Pelican Harbor Shoppes, Delray Dental Building,
and Orange Royal (Farmers market). West is Mac's Garden of Eden
(nursery) , Dixie Variety Store (convenience store) , a vacant
commercial building, and vacant land. Across Dixie Highway and
the F.E.C. Railroad is the Pointe townhouse development.
While most of the land uses surrounding the subject property are
commercial in nature, the proposed multi-family development
provides for a good transition of land use. The sketch plan
provides for large perimeter landscape buffers which will buffer
this development from any negative impacts that the surrounding
commercial uses may have upon its development. The development
of this property will be an inducement to the area and may
encourage redevelopment and development of surrounding
properties within the Redevelopment Area. Thus, it should not
have an adverse impact on the surrounding area nor should it
hinder development or redevelopment of nearby properties.
o THE R I T EMS .
.
Access Easement
It was identified with the rezoning application that the
parcel located at the southeast corner of the subject property
does not have a dedicated access, thus unless it is incorporated
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P & Z Board Staff Report
Free-Standing Multiple-Family Development (Lindell Village) -
Conditional Use Approval
Page 8
into this development it is landlocked. This parcel is now
under contract to be purchased and developed as part of the
multi-family project. However, should the contract to purchase
the property fall through, dedicated access must be provided to
the landlocked parcel.
Compliance with Land Development Regulations: The proposed use
is to be in compliance with the Land Development Regulations.
The applicant has submitted a sketch plan with this proposal.
While the submitted sketch plan is not being formally considered
at this time, the following comments are provided.
LDR Section 4.4.6 RM Zoninq Requlations:
If the conditional use is approved, the multi-family project is
subject to the RM zoning regulations. The RM district permits
up to 12 units per acre based upon a finding by the Board
approving the Site and Development Plan that the development is
harmonious with adjacent properties and does not adversely
affect areas of environmental significance or sensitivity.
The submitted sketch plan proposes the maximum 12 units per acre
for the site. Thus, the conditional use review has been based
upon a potential of 146 units. While positive findings can be
made that this density is appropriate for this site, the final
unit count should be determined with the approval of the site
plan to insure that the Site Plan Review and Appearance Board
concerns can be accommodated.
Multiple family developments in the RM district are also
required to provide recreation areas and tot lots. The sketch
plan provides for an amenity area, but does not indicate what
type of amenities are to be provided 1. e. pool, tot lot,
clubhouse etc. This item can further be examined with the site
and development plans.
The following additional regulations are highlighted at this
time:
LDR Section 4.3.3 (0) Townhouse and Townhouse Type of
Development:
The type of development being proposed will require relief from
some of the development standards found in LDR Section 4.3.3
(0) . An Internal Adjustment will need to be granted for reduced
building separations and the required 4' off-set (front to rear)
between the units.
LDR Section 4.6.2 Distance Between Residential Buildinqs:
An Internal Adjustment will need to be granted from this section
to reduce the required distance between buildings,
., ,
..
P & Z Board Staff Report
Free-Standing Multiple-Family Development (Lindell Village) -
Conditional Use Approval
Page 9
LDR Chapter 5:
The project involves the aggregation of several parcels of land
which are legally described by metes and bounds description and
dedication of utility easements. Based on the above, the
subject property must be platted pursuant to LDR Chapter 5.
This item has been made a condition of approval.
REV I E W B Y o THE R S .
.
The rezoning is not in a geographic area requiring review by the
CRA (Community Redevelopment Agency) , the DDA (Downtown
Development Authority) or the HPB (Historic Preservation Board).
Special Courtesy Notice:
Courtesy notices were provided to the following homeowner's and
neighborhood associations:
* Pelican Harbor
* Tropic Bay
* Tropic Isles
- -
* Tropic Palms
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. Letters of objection, if
any, will be presented at the Planning and Zoning Board meeting.
ASS E SSM E N T AND CON C L U S ION .
.
The Conditional Use seeks to establish a 146 unit multi-family
development with associated amenities, parking and landscaping.
The request is consistent with Chapter 3 of the Land Development
Regulations. Although the proposed development is not consistent
with all of the elements included in the description of
Redevelopment Area #6, it is consistent with other policies and
objectives of the Comprehensive Plan. The inconsistency may be
resolved by deleting or amending the Redevelopment Area #6
description with Comprehensive Plan Amendment 95-2. Also,
positive findings can be made with respect to Section
2.4.5(E}(5} (Conditional Use Findings), that the development of
the property will not have a detrimental effect upon the
stability of the neighborhood, and may even encourage
development or redevelopment of nearby properties.
With respect to density, positive findings can be made that 12
units per acres is appropriate for this site. It is possible,
however, that through the site plan review process the actual
density may have to be reduced somewhat to meet the LDR
requirements, Thus, the final unit count will be determined with
approval of the site plan.
., .-
"
,-
P & Z Board Staff Report
Free-Standing Multiple-Family Development (Lindell Village) -
Conditional Use Approval
Page 10
A L T ERN A T I V E ACT ION S .
.
A. Continue with direction.
B. Recommend approval of the Conditional Use request for a
free-standing multiple-family development for Lindell
Village 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 conditions.
C. Recommend denial of the Conditional Use request for a
free-standing multiple-family development for Lindell
Village based upon a failure to make a positive finding
with respect to Consistency with the Redevelopment Area 16
description of the Comprehensive Plan Chapter, and that
pursuant to Section 2.4.5(E)(5) the proposed use is
incompatible with adjacent properties.
S T A F F R E COM MEN D A T ION :
. .
Recommend to the City Commission approval of the Conditional Use
request to establish a free-standing multiple-family development
with a density of up to 12 units per acre for Lindell Village
based upon positive findings with respect to Chapter 3 and
Section 2.4.5(E)(5) of th'e Land Development Regulations, and
policies of the Comprehensive Plan subject to the following
conditions:
a. Processing and approval of a full site plan which is in
general compliance with the accompanying s~etch plan.
b. Processing a plat pursuant to LDR Chapter 5.
c. Processing an amendment to the traffic study to
incorporate the anticipated additional 24 units, and
turning movements on Lindell Boulevard to determine if
median modifications will be required.
d. Dedication of 50' for an ultimate right-of-way of 80'
for Dixie Highway.
e. Extension of water and sewer mains, and the
installation of a lift station if deemed necessary.
f. That access be provided to the landlocked parcel
located at the southeast corner of the site, if the
applicant is unable to achieve ownership of the
parcel.
Attachments:
* Location Map
* Sketch Plan
or: c.::tJ(. T Nl)[": L _ L>OC
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- LINDELL VILLAGE
PLANNING OEPARTMENT
Cl T1 or OELRA Y BEACH, FL
-- DIG/fA/. BASe UAP SYSTf:U --
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~'.. 0....- . I FILE NUMBER: I 95-057-USE-CCA
.
.1 PETITION NAME: I LINDELL VILLAGE
A, City ot Delray Beach COIIIprellenaive Plan .. Di.ted on ~,
B. City ot Delray Beach Land DlIVelopment bgUlatiol18 .. Bx1ated on ~,
C, City ot Delray Beach Zon1ng Di.trict Hap.. axi.ted on ~,
D. City of Delray Beach Future Land U.e Map .. Bxi.ted on !:!:!!,
Are Entered Into the R8eord.
DATE
~ I DESCRIPTION OF ITEM I ENTERED
NUMBER IN FILE
1. Conditional Use Application. 2-06-95
2. Special Warranty Deed recorded in ORB 8396, Pages 2-06-95
1441 - 1445.
3. Corporate Detail Record for Southeast Investments of 2-06-95
Palm Beach County, Inc.
4. Corporate Detail Record for C GLand, Inc. 2-06-95
5. Articles of Incorporation for Southeast Investments 2-06-95
of Palm Beach County, Inc.
6. Survey - updated October 25, 1994. 2-06-95
7. Traffic Impact Analysis prepared by Yvonne Ziel, 2-06-95
dated December 12, 1994.
8. Traffic information prepared by Yvonne Ziel dated 2-06-95
December 21, 1994.
9.. Letter from Dan Weisberg, Palm Beach County Traffic 2-06-95
Division to Paul Dorling dated January 18, 1995, RE:
Palm Beach County's Review of Traffic Study.
10. Mailing labels of property owners names and addresses 2-06-95
within a 500' radius of the subject property.
11. Letter from Jasmin Allen to Joe Torg, RE: Status of 2-13-95
Application.
12. Certificate of Title from Garry M. Glickman. 2-18-95
~ ,.
I FILE NUMBER: I 95-057-USE-CCA
,I PETITION NAME: I LINDELL VILLAGE
DATE
~ I DESCRIPTION OF ITEM I ENTERED
NUMBER IN FILE
13. Letter from Joe Torg RE: Modification to 3-03-95
application to include adjacent 2 acres dated March 3,
1995.
14. Conditional use application relating to adding the 3-03-95
adjacent 2 acre parcel.
15. Letter from James J. Wheeler, P.A. to Jasmin Allen 3-08-95
dated March 8, 1995, transmitting legal description
and sketches of survey for the two additional parcels.
16. Advertisement published on March 9, 1995 in the Delray 3-09-95
News Classified Section regarding the Conditional Use
Hearing.
17. Public Notice # 95-057, Notice of Conditional Use mailed 3-09-95
to all property owners within a 500' radius on March 9,
1995.
18. Special Notice to surrounding neighborhood association's 3-13-95
regarding the Planning and Zoning Board's hearing on
the conditional use request mailed March 13, 1995.
19. Letter from Peggy Carry verifying ownership of the 3-17-95
Dorwart property.
20. Conditional Use staff report dated March 20, 1995. 3-17-95
21- Amended Traffic Analysis to incorporate turning 3-17-95
movement on Lindell and additional trip analysis
for the 24 units (via fax).
22. Sketch Plan - 1" = 58'. 3-17-95
23. Letter from Jasmin Allen to Joe Torg RE: Submission 3-20-95
deficiencies Dorwart property.
24. Revised traffic analysis (hard copy). 3-24-95
25. Title Certificate for the Dorwart Property dated March
21, 1995, prepared by James J. Wheeler. 3-24-95
26. Warranty Deeds recorded in OR Book 3803 Pages 1643-1644
and OR Book 3735 Pages 1692 - 1694 3-27-95
27. Revised OWners Consent and Designation of Agency for the
Dorwart Property. 3-28-95
.
- 1 FILE NUMBER: I 95-057-USE-CCA
_.-.~
.1 PETITION NAME: I LINDELL VILLAGE
DATE
~ I DESCRIPTION OF ITEM I ENTERED
NUMBER IN FILE
28. City Commission Documentation - Conditional Use. 3-28-95
29. Letter from Michael Weiner dated 3-31-95, outlining 4-03-95
the projects consistency with Comprehensive Plan
Policies.
T:\Appeals\95-057.USE
"..'_._~'-
.
. .. ( )
MEMORANDUM RE: CONSISTENCY 'KITH THE COMPREHENSIVE PLAN
PROJECT NAME: Lindell Village
PROJECT: 146 residential units on 12+/- acres of land
including possible expansion to two contiguous
parcels at a density 12 units per acre.
ADDRESS: South of Lindell Boulevard,
between Federal Highway and
Dixie Highway, North of C-15 canal
APPLICANT: CG Land, Inc.
AGENT: Joseph S. Torg and Company, Inc.
OWNER: Southeast Investments of Palm Beach County,
Inc.
I. PURPOSE
The purpose of this memorandum is to establish the consistency
of the Project submitted by the above-mentioned Applicant in
respect of the Comprehensive Plan for the City of Delray Beach,
Florida. The Project consists of a multi-family residential use as
further described in the Application and as further described by
the Staff Report issued by the City of Delray Beach, Florida.
This is a private development proposal for an area which has
been designated as a redevelopment area within the Comprehensive
Plan. Accordingly, the relevant provisions of the Comprehensive
Plan state that:
"If a private development proposal is made within a
redevelopment area, one of the following options shall be pursued:
*acceleration of the redevelopment plan and deferral of the
land use request until the plan is completed; or
*consideration of the use request on its ~ merits with the
existing zoning and policies of the Comprehensive Plan guiding the
disposition of the request (emphasis added)."
In this instance, the merits.of the Project are such that they
demonstrate consistency with the Comprehensive Plan and it has been
the goal and objective of all involved to consider this request
based on the second option stated above.
-1-
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II. CONSIS~ENCY WI~H COMPREHENSIVE PLAN
A. Conservation Element
Because of the location of the Project in or near a
canal, the conservation element calls for certain special
requirements. Ten percent (10%) of the site should be set aside in
an undisturbed state. The Applicant has arranged for this
requirement to be met.
B. Open Space and Recreational Element
There are plans for internal recreational areas as part
of the Project. In addition, new units would bring a Five Hundred
Dollars ($500.00) per unit impact fee in connection with open space
and recreation infrastructure for the City of Delray Beach,
Florida.
C. Traffic Element
The traffic study submitted for the Project has found it
to be in compliance with all standards. There is less intensity
for this particular use than for other uses that could be proposed
under the present zoning, that is "PC".
D. Public Facilities Element
This Project allows for its own internal drainage. Staff
has found that solid waste disposal is sufficient for the Project
as well as sufficient sewer capacity. The Applicant is willing to
participate in the extension of the appropriate main and the
installation of lift station.
E. Housing Element
There are three (3) goal areas under the Housing Element.
They are as follows:
GOAL AREA "A" THE PROVISION OF SAFE AND ADEQUATE HOUSING FOR
THE CITY'S RESIDENTS THROUGH PROGRAMS DIRECTED
TO PRESERVATION & MAINTENANCE OF STABLE
NEIGHBORHOODS AND STABILIZATION AND
REVITALIZATION OF DECLINING NEIGHBORHOODS.
GOAL AREA liB" ARRESTING DETERIORATION OF CERTAIN
NEIGHBORHOODS THROUGH REDEVELOPMENT
STRATEGIES.
-2-
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.
GOALS AREA "C" THE HOUSING NEEDS OF CURRENT AND FUTURE
RESIDENTS OF THE CITY AND THE REGION INCLUDING
THE NEED OF BELONGING TO A COMMUNITY WHICH BAS
IDENTITY AND PRIDE, SHALL BE MET THROUGH
REHABILITATION, REDEVELOPMENT, AND THE
DEVELOPMENT OF VACANT LAND.
All three goals are supported by the Project. The Staff
in their report gives further confirmation that this Project meets
these goal areas.
F. Coastal Management Element -- This element is not
applicable to the Project.
G. Future Land Use Element
The Future Land Use Element of the Comprehensive Plan
sets forth three (3) goal areas:
GOAL AREA II A II THE REMAINING VACANT LAND WITHIN THE PLANNING
AREA SHALL BE DEVELOPED IN SUCH A MANNER AS TO
ENHANCE THE EXISTING QUALITY OF LIFE AND
COMPLIMENT EXISTING LAND USE AND RESULT IN A
MIXED,' BUT PREDOMINATELY RESIDENTIAL COMMUNITY
WITH A BALANCED ECONOMIC BASE.
GOAL AREA .. B" THE REMAINING GROWTH OF THE COMMUNITY SHALL
OCCUR IN A MANNER WHERE NEW DEVELOPMENT WILL
BE SERVICEABLE AND IT WILL NOT IMPEDE THE
COMMUNITY'S ABILITY TO ACCOMMODATE FUTURE
GROWTH OR DETRACT FROM IT'S CURRENT QUALITY OF
LIFE.
GOAL AREA "C" BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED
AND RENEWED AND SHALL BE THE MAJOR
CONTRIBUTING AREAS TO THE RENAISSANCE OF
DELRAY BEACH.
Once again, the Project is in harmony with these goals.
As well, once again the Staff Report remains supportive of the
consistency of this Project with those goal areas.
H. Capital Improvement Elements-- This element is not
applicable to this particular project.
I. Intergovernmental Coordination Element -- This element is
not applicable to this particular project.
-3-
_. __._.____. __ __'_'____'__ _ .__.__.__ M_ ~__.__.__ _' _.._ __.~...___. ___ __ ______ ___ _ __
, .
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.
Accordingly, the burden of proof is met with respect to
the consistency of the Project with the Comprehensive Plan.
III. CONCLUSION
The Project is consistent with the Comprehensive Plan. This
burden of proof has been met. Please note Page 7 and Page 9 of the
Staff Report recommend positive findings.
-4-
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~ Slf{/1~gI95
M E M 0 RAN DUM o }o ~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f!t1
SUBJECT: AGENDA ITEM i Cj.D, - MEETING OF APRIL 4. 1995
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/BANDANA CABANAS
DATE: MARCH 31, 1995
This is before the Commission to consider an appeal of the Site
Plan Review and Appearance Board's approval of the architectural
elevations for a 10 ft. by 10 ft. structure for Bandana Cabanas.
The proposed location is east of AlA, approximately 30 feet south
of the beach pavilion.
On March 15, 1995, SPRAB approved the elevations as submitted by
a vote of 4 to 2 (Dan Carter and John Weaver dissenting). The
approval was granted subject to a favorable interpretation by the
City Attorney that the structure would be permitted on the beach.
On March 21, 1995, the Beach Property OWners' Association
submitted an appeal of this decision, and at the March 21st
meeting, Dr. Alperin formally appealed the item for Commission
consideration.
An analysis of the request is provided in the staff
documentation. There are two issues to be addressed, The first
is on the use itself and whether or not it is the City's
intention to allow it to continue. If so, staff recommends an
amendment to the Land Development Regulations to add IIBeach
cabana and chair rentals II as a permitted accessory use in ' the
Open Space district. This will eliminate future confusion over
its status.
As to the structure, it is proposed for storage and to provide
shelter and a transaction point for the cabana rentals. In
reviewing the bid specifications for this service, we found that
in the preceding bid (with Flamingo) the contractor was required
to construct two (2) beach equipment houses for storage space.
They were never built since the Community .Appearance Board
(SPRAB's predecessor) did not like the design. The bid specs for
the current lease include the statement, IIAny facility needed for
storage equipment must first be approved by the proper
authorities of the City of Delray Beach. II While a structure is
not required, it is implied that one would be allowed subject to
proper approvals.
Commission discretion is recommended,
ref:agmemo8
~. ...-.-.... ..._._~.- - .
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_ RECEIVED oP1
~ MAR311995
~ CITY MA'''^^TS 0FF!C!
Bandana Beach Service, Inc. ,
2308 N,E, 9th Street, Suite 11 Ft. Lauderdale (305) 568-3262
Ft. Lauderdale, FL 33304 Boynton Beach (407) 735-3305
David T. Harden
City Manager Delray Beach
March 31. 1995
Re: postponement of April 4th. Meeting
Dear Mr. Harden.
We respectfully request the postponement of our April 4th. meeting
conce~ning the beach storage/shelter structure until the next regular
committee meeting,
This would provide us with additional time to get all of our
information together and allow Joe Dragon. from Parks and Recreation. to
be present also.
If you have any additional questions. we may be reached at 735-3305.
Our Fax # 407-735-3305.
Thank you very much for your consideration in this matter.
Res,pe~~, ully. ..
c:strn ~~~
Lindy a ciose
Vice President
,-
oK,
&71
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ. ~~
DIRECTOR OF PLANNING , ZONI
SUBJECT: MEETING OF APRIL 4, 1995
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S
APPROVAL OF ELEVATIONS FOR A STRUCTURE FOR BANDANA
CABANAS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of an elevation approval granted by the Site Plan
Review and Appearance Board (SPRAB) for Bandana Cabanas.
The structure is proposed to be located east of A-1-A
approximately 30' south of the beach pavilion.
B A C K G R 0 U N D:
Bandana Cabanas has a lease agreement with the City for the
rentals of the cabanas and chairs on the beach. Currently
company employees sit on a storage box on the beach from which
they transact their business. The company has requested
approval to construct a 10' x 10' structure to provide shelter
for their employees, storage of materials, and securing of cash
paid by customers. The proposed structure has an architectural
character similar to the lifeguard stations, and is to be placed
on skids so that it can be readily removed in the event of a
hurricane.
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
At its meeting of March 15, 1995, the Site Plan Review and
Appearance Board reviewed the elevations for the Bandana Cabanas
structure. Sandra Almy of the Beach Property Owners Association
spoke on the proposal. Ms. Almy stated that the proposed beach
structure violated the Comprehensive Plan and zoning code
regulations, and felt that it was an expansion of a
non-conforming use. Assistant City Attorney David Tolces was
present at the meeting and requested that the Board table the
item in order for the City Attorney's office to review the lease
agreement and the Comprehensive Plan Policies.
The Board however, approved the elevations as submitted by a
vote of 4-2 (Dan Carter and John Weaver dissenting), subject to
a favorable interpretation by legal staff that this facility is
permitted on the beach. Subsequent to that action Ms. Almy
submitted a letter on behalf of the Beach Property Owners
Association requesting an appeal of the decision to allow the
structure. At the March 21, 1995 City Commission meeting,
Commissioner Alperin asked that the item be brought forward for
Commission consideration.
city Commission Documentation
Meeting of April 4, 1995
Appeal of Bandana Cabanas
Page 2
A N A L Y S I S
Policy B-3.3 of the Coastal Management Element states that
efforts to provide concessions in the beach area shall be
discouraged, and requests for such on the beach shall be denied.
Cabanas have been available for rent on the beach since the late
1940's. Thus the request to provide a shelter for an existing
business is not a request to establish a new concession.
The Commission should address the question of whether or not the
cabana concession is cons idered a nonconforming use. Prior to
1994, there was no specific reference in either the OS or CF
(Community Facilities) zoning districts to the use of
concessions and license agreements, even though such uses
existed on the beach and at City facilities. With the creation
of the OSR (Open Space and Recreation) district last year,
"Concessions and services provided under a license agreement
with the City" was added as an accessory use to both the OSR and
CF zoning districts, but not to the OS district. The reluctance
to list the use. to the OS regulations stemmed from a concern
, ..
over setting a precedent regarding commercial concessions on the
beach. However, cabana rentals has generally been considered to
be a desirable use on the beach, and the license agreement has
been periodically renewed.
If the use is to be considered nonconforming, it is subject to
restrictions regarding the ability to expand and its long term
viability. As a nonconforming use, if it is discontinued for a
period of 180 days or more, it cQuld not be re-established. If
the City's intent is to continue to allow this use, an amendment
to the LDRs should be initiated to l.ist "beach cabana and chair
rentals" as a permitted accessory use in the OS district. This
would eliminate any future confusion over its status.
With regard to the proposed structure, the request to provide a
shelter and a transaction point for the cabana rentals does not
seem unreasonable. Perhaps a more appropriate structure would
be one that is more in keeping with the size of the lifeguard
stations.
R E COM MEN D E D ACT ION:
With regard to the structure itself: Commission discretion.
With regard to the use:
* By motion, initiate an amendment to the Land Development
Regulations adding "Beach cabana and chair rentals" as a
permitted accessory use in the OS (Open Space) district.
Attachment:
* Elevation sketch of proposed structure
* Letter from Sandra Almy, Beach Property OWners
* Memo from Joe Dragon, Asst. Director, Parks and Recreation
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f . . ~ \. \qq ~ECEIVED
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~; March 21, 1995 &.10~\ ~/QI/q5 U{I'\... -
W" ~N\NG
f ~V-\'4 C\lY CLERK --
:~. To: Ms Alison MacGregor Harty, City Clerk .-
~. Mr. Da~id Harden, City Manager
~ Mayor Tom Lynch
r .Commissioners Alperin, Ellingsworth, Randolph, and Smith
~i. .
fV
P~,:'
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...
~:,.' '-. RE: APPEAL OF SITE PLAN RBVIEW AND APPEARANCE BOARD DECISION
&' OF MARCH 15, 1995, APPROVING (SUBJECT TO LEGAL OPINION) SITE PLAN
~. FOR BANDANA CABANA STORAGE STRUCTURB ON PUBLIC BEACH.
,..
~.. .
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f:,. Please be adv1sed that the Beach Property Owner s
. ~e
~. Association appeals the above stated decision on several grounds.
Pirst, we believe that this proposal was inappropriately and
inaccurately represented to the Site Plan Review and Appearance
Board,.,(SPRAB). On both the-d.!,.!:!19..PJD.ent"appl i ca tion and the SPRAB
':r agendafthe'.~.2PJ.i cBn.t..-....is....1 is ted. as. the "Ci ty Parks and Recrea t i on
~:i De.partment", wi th the appl i cant's signature tha t of Joe Dragon,
.~. Assistant Director of that 'department. This is misleading at
, .. best.
I,' The true applicant is "Bandana Cabana", a commercial company
~::. with which the City has contracted to lease-for-profit cabanas on
t the public beach. The sketchy back~p material provided to SPRAB
ik by Parks and Rec refers to a "permanent structure", a 10' x 10'
.~:. building "in which they can store equipment and keep necessary
~.>. items to run the business". Obviously a business proposal by
~~ ", their own admission. This is a commercial venture and request,
~~.~~ . not a Ci ty request. It should have been presented by the
i:~ business as their own.
-~: .~~\~,:
Secondly, we believe a proposal to erect a commercial
structure on the public beach is a policy issue, not a building
'elevation issue. As such it should have come before the Ci ty
Commission rather than SPRAB.
Regardless of who (City or private) makes the request for a
commercial structure on the public beach. it should be denied.
An% commercial structure on the beach is specifically prohibited
in both the Comprehensive Plan and the Land Development
,Regulations in at least three separate ways:
;~;.~. 1'<..,,- The Comprehensive Plan, in Policy B-3. 3, states,
.~.~~,~ ~~~provide concessions in the beach area shall be
:.~.. .., ;p:out=~~ and requests for suc~::,<.2!l the beach shall be denied."
~ '-P~~~ -" ,
"'i~.\~~~ -::: ~;. '-rz'~: .--::-"'-- ~~- = r' . A CORPORATION NOT FOR PROFIT
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Appeal Page - 2 3/21/95
2. The beach is designated Open Space on the Future Land
;i. Use Map and is zoned Open Space. The Land Development
;,. Regulations in Section 4.4.22, list the municipal beach as a
f. . principal use. Plannins Department staff cite the fact that
t:
" under uses "maintenance facilities " is listed. It is,
accessory
i. but it was included specifically to allow for the City
t':
[, maintenance/storage already present in Anchor Park, not a
commercial facility. There are no conditional uses in Open
\;;:-. Space. Clearly, the Open Space zoning designation prevents
>. commercial That '. why it is separate from Open Space &
use. 1S
.(:. Recreation which does allow commercial use.
3. The cabana rentals are a grandfathered nonconforming use.
The LDR's in Section 1.3.1 on Nonconforming Uses, Lots, and
Structures, states in. part B: "Nonconforming uses are declared
to be incompatible with uses allowed in the zoning districts
involved. A nonconforming use of a structure, land or structure
and land in combination, shalJ. not be extended or enlarged,
either by erecting additional signs, adding additional square
footage to a structure, or adding other uses of a nature which
would be prohibited in the zoning district involved. " Further,
Section 1.3.3 (D) states, "No additional structures shall be
erected unless they conform to the requirements of the zoning
district in which the land is located. " Every single piece of
land zoned Open Space was done so with the intent of protecting
it from commercialization!
! The bottom line is that the public beach must be protected
~: against commercialization. We cannot allow this one and only
t 'commercial entity to expand because of the dangerous precedent it
t
,-
f~'-~' would set for years to come. The beach is clearly protected by
f the Comprehensive Plan and the LDRs. We believe the proposal to
f put a commercial structure on the beach to be ill-advised and
poorly considered.
,<
i.,' This City Commission has been diligent in its protection of
.~-: the beach and beach parks. We ask that continue that
, you
"
f protection and deny this commercial structure.
~'.
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~, Sincerely,
~~
~/:
Executive Director
"','.'i,
!r. Beach Property Owner , s Association
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MEMORANDUM
TO: David T, Harden, City Manager ~.
THRU: Joe Weldon, Director
~' -
Parks and Recreation Dep rtment -.' ,.,~ <:>
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FROM: Joe Dragon, Assistant Director .~~'b-- \%~ '
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Parks and Recreation Departm
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SUBJECT: SPRAB APPLICATION ("'.....
\""' \. .
....
DATE: March 29. 1995
,," My signature appears on the SPRAB application request form because I was
4;' told by Planning and Zoning, that I need to sign the application. This was told to
." me during a discussion I had with that office regarding the request. I had and
~. have no reason to question their instructions for processing the application.
I was present at the SPRAB meeting on Wednesday, March 15 with the cabana
service contractor to respond to any questions the board or others may have
regarding the application, After Ms, Janet Meeks, Sr. Planner, gave the initial
introduction and summary information to the board, the contractor and I went to
the podium to respond to some questions by board members,
After subsequent discussion and an objection by Ms. Sandy Almy the board
..' voted approval of the application pending an interpretation from the City
Attorney, My understanding is that the legal interpretation concerned the
. ....expansion. of a non-conforming use." Exactly what interpretation is needed
can probably be obtained from Planning and/or the City Attorney.
While Ms, Almy implies an attempt by myself and/or the Parks and Recreation'
Department to mislead SPRAB, City Commission, the Beach Property Owner's
Association and others, it was our intent. to merely coordinate the submittal of
required information from the vendor to the appropriate City Departments and
boards, At no time was it intended to mislead or deceive any of the parties in
this process,
The vendor has been totally responsible for obtaining all required approvals,
permits, etc, , Le" namely the DER permit, sealed architectural drawings of the
structure, construction permits, etc. It was our intent merely to review this
information before forwarding it to the appropriate offices for consideration.
,. The vendor has agreed to a smaller, 8'x 8', structure if necessary, Also, while
the application refers to a .permanent structure" it really is a temporary structure
in that it is constructed on skids and can be easily removed from the beach.
~ -.
JD:giv
REF: SPRABAPP.DOC
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.,
/
/.
BID NO, RR-7R
PAGE -.JL OF --1L
The Contractor agrees to be responsible for normal daily cleaning
of the beach cabana area; pi-ovided, however, the contractor shall be
under no obligation to clean the beach of seaweed or other materials
washed ashore by wave action. The City shall maintain receptacles for
trash collected by contractor's employees.
STORAGE
The contractor shall provide proper storage space for the afore-
described rental equipment and two ( 2 ) beach equipment houses to be ,j
constructed by the contractor at its own expense, No equipment shall
be left upon the putlic beach after the hour of 8:00p,m, on any day;
provided, however, that cabanas may not be removed except if hurricane
warnings are issued for areas which include all or a portion of the
City of Delray Beach, Florida area, by the Hurricane Advisory Center
of the United States Weather Bureau in Miami, Florida. Thereby,
contractor shall immediately cause all equipment, including cabanas and
beach equipment houses to be removed from the public beach and stored
in a safe manner; no part of such equipment shall be returned to the
beach as long as said hurricane warnings remain in effect.
LOCATION OF CABANAS
-
The contractor shall be subject to the direction of the Parks and
Recreation Director and any City Lifeguards with respect to the
location of beach equipment houses and the area in which cabanas may
be located.
.----- ..-- _..._--_._-------_.~ -- ------. ..-.. ~~..-
*
CITY OF DELRAY BEACH
BID # '14-'9
RENTAL OF CABANAS AND BEACH EQUIPMENT
FOR THE PUBLICLY OWNED BEACH
DETAILED SPECIFICATIONS
, PURPOSE
The purpose and intent of this "Invitation to Bid" is to seek
competitive bids for the purpose of securing a contract to rent beach
umbrellas, beach chairs, and cabanas, and similar beach equipment,
(with prior approval of the Director) upon the pub 1 i c ly owned beach
of the City of Delray Beach.
, TERM OF CONTRACT
The City wi 11 grant the successful vendor the exclusive right and
privilege to conduct and operate upon the publicly owned beaches of
the City a concession for the rental of beach umbrellas, beach
chairs, cabanas, and similar equipment, The contract term shall be
for a period of three (3) years beginning on October 11, 1994, and
expiring on October 10, 1997. Renewal period, if approved, shall be
for an additional three (3) years.
RESPONSIBILITIES OF THE CONTRACTOR
1. At no time will more than two hundred and fifty (250) cabanas be
permitted on the beach,
2, The Contractor sha 11 not interfere with private owner's use of
their equipment on the public beach.
3. The Contractor shall exercise reasonable care to avoid damage to
City property, including dune, vegetation, and sand fence, Any
facility needed for storage equipment must first be approved by
the proper authorities by the City of Delray Beach,
4. The Contractor agrees to be responsible for normal da i ly
cleaning of the beach cabanas area; provided, however, the
Contractor sha 11 be under no obligation to clean the beach of
seaweed or other materials washed ashore by wave action. The
City shall maintain receptacles for t.rash collected by
Contractor's employees.
STORAGE
No equipment shall be left upon the public beach after the hour of
8: 00 P. M, on any day; provided, however, that cabanas do not have to
be removed except if hurri cane warn i ngs are issued for areas whi ch
include all or a portion of the City of Delray Beach, Florida area,
6
.
M E M 0 RAN 0 U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i ~i:._ MEETING OF APRIL 4. 1995
RESOLUTION NO. 11-95/ACOUISITION OF MONTEREY HOUSE AND LEASE
AGREEMENT WITH HISTORIC PALM BEACH COUNTY. INC.
DATE: MARCH 3 1, 1995
John Johnson, with Historic Palm Beach County, I nc . , has requested a
postponement of consideration of the lease agreement until the April
18, 1995, City Commission meeting.
The City Attorney recommends that Resolution No. 11-95, including the
Contract for Sale and Purchase, also be postponed until April 18th.
fosf-ponE.IJ -k IJ or;k
W/eW!H f)
( ,/ lot?- J.{ /18/ q 6 )
ref:agmemo3
.
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. .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t"/1;j
SUBJECT: AGENDA ITEM # q ,p - MEETING OF APRIL 4. 1995
REOUEST FOR FUNDING FROM COMMUNITY REDEVELOPMENT AGENCY FOR
BLOCK 76 PARKING
DATE: MARCH 3 1, 1995
This is before the Commission to consider a request from the
Community Redevelopment Agency for funding in the amount of
$454,689 from Decade of Excellence Phase II bond monies to finance
the Block 76 parking project, This will include acquisition of the
Pierce Tire property, demolition of the N,E, 2nd Avenue buildings,
and construction of about 85 new parking spaces, This project was
discussed at a joint session between the Commission and CRA on May
15, 1992, A copy of the minutes from that meeting is attached,
Incidental to granting the CRA's request is approval of a budget
transfer in the amount of $130,000 from the Sanitation Fund balance
to the Neighborhood Improvement account in the Decade of Excellence
Fund, This transfer will repay to DOE funds that were used in 1993
to acquire a multi-family building located at 17 N,W, 5th Avenue,
Then we will have $402,994,50 available for the Block 76 project.
The difference between this amount and the amount requested by the
CRA is due to the fact that $31,694,40 was charged against this
Decade of Excellence project for Swinton Avenue beautification and
$20,000 was contributed to the CRA to help with the moving costs
for the historic houses.
Recommend approval of budget transfer and authorize advancing DOE
Neighborhood Improvement funds to the CRA for the Block 76 parking
project as funds are needed to close on various properties,
/;d ;)- ~
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{ Agenda Item No, : Cj.F
AGENDA REQUEST
~ Date: March 29. 1995
Request to be placed on:
x Regular Agenda
Special Agenda
I Workshop Agenda When: April 4, 1995
Description of item (who, what, where, how much) : Request approval to
transfer $130.000 from the Sanitation Fund Balance for Neiihborhood Improvement
proj~~~~ in ~h~ np~~n~ of Ry~pllpn~p Rnnn Ph TT Thp ~r~n~fpr will rpp~y nOR P~ II
funds that were used in 1991 to acquire a multi-family building located at 17 NW 5th
~ Avenue, The CRA also request that the City agrees to advance the monies for The
Rlock 76.Parking project.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval of transfer and payment to the C~
(Example: Recommend appro~
No. 001-3333-555-44,55),
Department Head Signature: ~
City Attorney Review/
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: ~ NO
Funding alternatives: ~ ' (~f applicable)
Account No. & oes'Ilf'2tit\ .StlNt/To 1101<.. f-lM1A ~ iMlct/ 4Y ()
Account Balance: t'b 4-3"3-QZj)- ?;()/, 0
City Manager Review: & ..JL~\l!e,"~ 'x: rr<r
Approved for agenda: S N1: dAf~r!:; .7/<.-'I;.IL/ 'c,
Hold Until:
Agenda Coordinator Review: / i;+~ t1l~ .tT-~ " {~~~ <'1~,0);-'\/
{ ,''4- ~~I ~ ~~/ n-4<-
Received: (. A-A /''1~ ,I
Placed on Agenda:
Action: Approved/Disapproved
.
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CD Community MAR 2 1 1995
Redevelopment
Agency C!, '{ ti it
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Delray Beach
March 21, 1995
Mr. David Harden
City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RE: Block 76 Parking
Dear Dave:
The project, "Block 76 Parking," located east of Old School Square is scheduled in :hc eRA
Redevelopment Plan (description enclosed) to commence this fiscal year. The project includes
the acquisition of the Pierce Tire property (map enclosed), the demolition of the NE 2nd Avenue
buildings, and the construction of approximately 85 new parking spaces, The lnt would serve
principally Old School Square and the Ocean City Lumber redevelopment project.
In order to accomplish the project, we planned on receiving from the City $454,689 in I>c':ad(;
of Excellence bond monies, As you may recall, the City gave the CRA $45,3l1 in 1993 for th~
purchase of land on NE 2nd Avenue from the Resolution Trust Corporation. The Rf C tr leI af '.\
the Pierce tract will together form the parking lot tract.
I am enclosing a copy of our current annual budget and have "earmarked" the pag\;~s relating to
the project,
We have recently completed appraisals and ellviromnental studies 011 the Pierce pruP/.;rtic8 and
are ready to start drafting an offer to the Pierces, However, before we proceed, I want 10 m:tkc
certain that the City agrees to advance the CRA the monies.
Than(;~u for your assistance in this matter. I look forward to visiting with you on 1hb m;l~t~.!.
Christopher J. Brown
Executive Director
/d
Enclosures
24 N, Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640/ Fax (407) 276-8558
.,
.,
Memoranduln
DATE: March 29, 1995
TO: David Harden, City Manager
FROM: Joe~ce Director
RE: Funding for Neighborhood Improvements, Block 76 Parking
In July 1993 the City purchased a multi-family building located at 17 N.W. 5th Avenue for
$130,000 from the Neighborhood Improvements account in the Decade of Excellence Bond II.
To replenish the funds for the original project, Block 76 Parking, a budget transfer is attached for
Commission approval.
The CRA is ready to proceed with the Parking project and has requested the City agree to
advance the monies to draft an offer for the acquisition of the property. Upon approval of the
transfer the balance available for Neighborhood Improvements is $400,101.54
,.
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j
, \ MAY 15 ,'1992+;
A Special Meeting of the City Commission of the City of Delray
Beach, 'Florida, was called to order by Vice-Mayor Jay Alperin in the
City Manager's Conference Room at City Hall at 3:05 P.M., Friday, May
15, 1992.
Roll call showed:
Present - Vice-Mayor Jay Alperin
Commissioner William Andrews
Commissioner David Randolph
Absent - Commissioner Armand Mouw
Mayor Thomas E. Lynch
Also present were - City Manager David T. Harden and
City Attorney Jeffrey S. Kurtz
Vice-Mayor Alperin called the meeting to order and announced
that this meeting has been called for the purpose of considering the
following:
2. App~oval of Change Order No.1. The Commission is to consider
Change Order No. 1 to the contract with Elkins Constructors, Inc. in the
:amount of $92,316.77 to rebuild three (3) variable speed EIMCO drives
for the clarifier tanks at the Water Treatment Plant, sandblast and
paint the inside of the tank walls and miscellaneous maintenance welding
of steel catwalks on top of the clarifier tank with funding from 1991
Water and Sewer Revenue Bond - Lime Softening Conversion (Account No.
~447-5164-536-60.31).
Mr. Randolph moved for approval of Change Order No.1, seconded
,by Mr. Andrews. Upon roll' call the Commission voted as follows: Mr.
'Andrews - Yes~ Mr. Randolph - Yes~ Vice-Mayor Alperin - Yes. Said
motion passed with a 3 to 0 vote.
At this point the meeting became a ioint,$e_ssion with the
DelrayBeach Community Redevelopment Agency.
Roll call showed:
City Commission
Present: Vice-Mayor Jay Alperin
Commissioner William Andrews
Commission David Randolph
Absent: Commissioner Armand Mouw
Mayor Thomas E. Lynch
Also present were - City Manager, David T. Harden'and
City Attorney Jeffrey S. Kurtz
__ _ '~___'_,. __ _..__--_..__-~__.,.____. "----._ - .~--- __ __ _~____ _. ~_._ -0-_ _, __v
---.
. ..
=~ .--^~---_. --~_. ,-.~~. --- -----..- --- ,
Delray Beach Community Redevelopment Agency ,
Present: Revin Egan, Chairman
Wanda Gadson
Kathi Sumrall
Ed Zuraw
Absent: Matt Gracey, Jr.
Leonard Mitchell
Clay Wideman
Also present were - Chris Brown, Executive Director and
Robert Federspiel, Attorney
Vice-Mayor Alperin stated this meeting has been called for the
purpose of considering the following:
.1. Purchase of Ocean City Lumber Property.
Mr. Andrews stated the main purpose is to attract the public to
shop on N.W. 2nd Avenue, as well as on Atlantic Avenue. He feels if
there is no appropriate fronting of businesses at Atlantic and 2nd
Avenues, people will not be enticed to continue to move forward in that
area. He feels the Ocean City Lumber property is a critical site. The
Pineapple Grove seed money that was originally sold to the public in the
Bond Issue was to help this particular area and not to be used for
infrastructure.
Upon question by Vice-Mayor Alperin regarding the use of the
Pineapple Grove money, the City Attorney stated the City could either
grant or loan the CRA the money for this express purpose or some other
purpose that this encompasses. Mr. Andrews commented that it would be a
non-interest loan because this Bond Issue was approved by the taxpayers
and they are paying the interest. Upon question by Mr. Randolph regard-
ing the amount of the loan, Mr. Andrews stated he feels it should be no
more than the appraised value.
Chris Brown, Executive Director of CRA, stated there could be a
tremendous parking problem, depending on what a developer would propose
for the site, as a parking problem already exists at Old School Square.
Upon reselling the property, the CRA would then take the $500,000 and
immediately put it into Pierce Tire Company. Vice-Mayor Alperin stated
he would like the City to have enough control to ensure that the money
stays in the Pineapple Grove area.
The City Attorney advised that can be done in one of two ways;
1) the money can be specifically allocated for a loan for this project
until such time as a sale is made on the land. If funds are to be
returned to the CRA, it will be necessary for them to repay the loan at
that time; or, 2) the Commission can give ~the CRA a further grant of
authority now, requiring that the monies be used for redevelopment
purposes within the Pineapple Grove area. Once it is jointly determined
by the CRA and. the Commission that the Pineapple Grove area is to be
redeveloped, the City would expect a return of their loan.
-2- 5/15/92
- -.------------- - - ----- ~-~- ---------~---._---------_._----------- --.-.------ ~ - ----
,>
_~:_"._ __.__ ___.' '"'!II..__ _.~_.. _ _n _______..____ ~___~._ _~.~___.__. _.'_ ~~_.'..n.._ - ----"'.-...--..
~~ .,.... --~ -,..- ~-- --- "---.- -----.-_. ~
. Robert Federspiel, Attorney for the CRA, questioned if the loan
could be like a restricted grant, stating the CRA shall reinvest any
proceeds received from the sale of that property in the Pineapple Grove
area and only trace it one time. He expressed concern with regard to
.continually tracing the money for an indeterminate period.
The City Attorney stated he- feels the question is whether or
not the City Commission wants to have control or input beyond this first ,
purchase. Upon question if each parcel purchase would need to be
approved by the Commission, the City Attorney advised that _ would not
necessarily be a must. The CRA can put-the parcels into their plan and
not immediately acquire them, so there is no guarantee that the monies
will not get invested someplace other than Pineapple Grove. The CRA
currently has other ongoing projects that this funding could be used
for. This is a potential the Commission should be aware of and make a
decision on. Discussion followed. -
David Kovacs, Planning Director, requested, for the record,
that the term Old School Square Area money be used, as opposed to
Pineapple Grove, because that is the way it is described in the Decade
of Excellence Bond Issue.
Chris Brown stated, basically, the CRA would like the entire
$500,000, with a $400,000 cap for purchase of the easterly Ocean City
property and the remainder for the quonset hut across the street on the
west side of 2nd Avenue, which is appraised at $92,000.
Mr. Federspiel advised that the CRA will place a bid of $10,000
on the contents, using CRA f~nds, which will be used for future rehab
housing material or be donated to Habitat for Humanity, if necessary.
.Discussion followed regarding bidders, the bidding process and at what
point it should be halted.
The City Attorney advised that Resolution No. 54-92 should be
voted on prior to making a motion concerning the grant.
The City Manager presented Resolution No. 54-92:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN
REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY
BEACH COMMUNITY REDEVELOPMENT AGENCY BY PURCHASE1 PROVID-
ING FURTHER, THAT THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH FINDS _THAT THE CERTAIN REAL PROPERTY EXISTS
IN A BLIGHTED AREA AND THE REHABILITATION, CONSERVATION,
OR REDEVELOPMENT, OR COMBINATION THEREOF OF SUCH AREAS IS
NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY,
AND WELFARE OF THE RESIDENTS OF THE CITY OF DELRAY BEACH1
PROVIDING AN EFFECTIVE DATE.
(Copy of Resolution No. 54-92 is on file in the official
Resolution Book)
-3- 5/15/92
...... ------------.------ ---- ..--.---...------
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_._- . . - .- _.. --...-- -- .....,_.~>----. --.-". --
. , . .- ----._- - -- ._-_.__.~- ,
-
Mr. Andrews moved for the adoption of Resolution No. 54-92, .
seconded by Mr. Randolph. Upon roll call the Connnission voted as
follows: Mr. Andrews - Yes1 Mr. Randolph - Yes1 Vice-Mayor Alperin -
Yes. Said motion passed with a 3 to 0 vote.
Mr. Andrews moved to grant the CRA up to $500,000 of the Decade
of Excellence Bond money, earmarked for the Old School Square Redevelop-
ment area, for actual purchase and closing costs of the properties
defined in Resolution Nos. 54-92 and 51-92, and, authorizing the CRA to
dispose of those properties, if acquired, in a manner they s~e fit, in
accordance with their CRA plan and the City's Comprehensive Plan1 and,
at the time of disposal, if there are funds remaining, those funds will
be returned to the City for further use in the Old School Square/Pine-
apple Grove area, seconded by Mr. Randolph. Upon roll call the Connnis-
sion voted as follows: Mr. Randolph - Yes1 Vice-Mayor Alperin - Yes1
Mr. Andrews - Yes. Said motion passed with a 3 to 0 vote.
Kathi Sumrall moved to adopt Resolution No. 92-6, a CRA Resolu-
tion, for the acquisition of the same property located at 22 Railroad
'Avenue by authorizing a bid at the RTC auction in an amount for the Real
property of up to $400,000 and for the inventory of up to $10,000,
seconded by Wanda Gadson. The motion passed with a vote of 4 to O.
The City Attorney reconnnended that, before the meeting is
adjourned, the Connnission authorize him to work with the CRA attorney,
Robert Federspiel, to develop a writing that reflects the grant that was
just authorized.
Mr. Randolph moved to authorize the City Attorney to work with
. the CRA attorney, as reconnnended, seconded by Mr. Andrews. Upon roll
call the Commission voted as follows: Vice-Mayor Alperin - Yes1 Mr.
Randolph - Yes1 Mr. Andrews - Yes. Said motion passed with a 3 to 0
vote.
Vice-Mayor Alperin declared the meeting adjourned at 3:55 P.M.
{h ~ 'ffJ>l' )1.J.'fPl,1Io ~
Ci ty lerk
ATTEST:
~~
The undersigned is the City Clerk of the City of Delray Beach
and that the information provided herein is the minutes of the meeting
-4- 5/15/92
- -.-- - -- --- ----'-- --- ._._- ---, .'.-. --._------------- ~
.
#2.5: "Block #76 & #84 Redevelopment"
Background
These blocks, located between N.E, 1 st. Avenue and the FEC Railroad, between Atlantic Avenue
and N,E. 1 st. Street, are adjacent to the Old School Square Cultural Arts Center, This location makes this
a principal area to take advantage of spin-off activity generated by the Center. Both blocks contain
structures in deteriorated condition and uses which have a blighting influence on the surrounding area and
are inconsistent with the ultimate goals and proposed image for the Pineapple Grove Neighborhood, The
primary land use in Block #84 is the former home of the now defunct Ocean City Lumber Company. This
property was purchased at an RTC auction in 1992 and is now planned for redevelopment by a private
developer,
A major obstacle to this .Ocean City Redevelopment"project is the lack of adequate parking in the
immediate area, Since this is also a problem for Old School Square, the CRA decided to make this the
major focus of its redevelopment effort within these two blocks, With this goal in mind, the Agency began
its program with the purchase of another former Ocean City Lumber property offered at the RTC auction
in 1992. This property is located in Block #76, which is ideally situated between Old School Square and
the Ocean City Lumber Redevelopment Project (Block #84), In order to provide adequate parking for the
area, the CRA plans to purchase additional property within Block #76, including the Pierce Tire property,
It should also be noted, that this is one of the few locations which may take advantage of $500,000
of redevelopment seed money available under the Decade of Excellence Bond. In fact, the City has
already allocated some of this seed money to reimburse the CRA for its prior purchase of the Ocean City
Lumber property. The CRA plans to request that the City allocate the remainder of these funds as
necessary for the additional land purchases.
Project Objectives
0 Eliminate the blighting influences within these blocks
0 Redevelop the blocks to take advantage of its prime location within the downtown area adjacent
to Old School Square
0 Increase the economic vitality of the CBD through the attraction of new businesses
0 Provide parking for adjacent development and redevelopment
4.14
.. ..
Project Description
0 Construction of a municipal parking lot to meet the needs of adjacent uses including Old School
Square and the Ocean City Lumber Redevelopment Project.
0 In addition to providing parking the CRA may offer other incentives to facilitate the redevelopment
effort
0 One or more redevelopment projects located within this two block area which are compatible with
Old School Square in theme (~e" arts, crafts, cultural and entertainment),
0 Strong Pedestrian linkages to Old School Square, the downtown and the Pineapple Grove
Neighborhood will be established,
0 Phase One of the project(s) shall include preliminary planning, marketing and land acquisitions
(refer to Appendix WOU for Land Acquisition Map)
0 Phase Two shall include demolition and parking lot construction
0 Phase Three for the project(s) may include, but is not limited to, the solicitation of RFP's from
private developers, selection of developer(s). sale or lease of all or a portion of CRA owned
property and building construction,
Project Participants and Administration
0 The Ocean City Redevelopment Project (Block #84) will be administered by a private developer.
0 The CRA shall be the lead agency in the acquisition of land for parking lot construction in Block
#76,
0 Other participants may include, but are not limited to, the City of Delray Beach, DDA, Chamber of
Commerce, Council of 100, Parking Management Team, and other Developers.
Funding Sources
0 The CRA, and others, as appropriate, shall provide the funding for Phases One and Two,
0 The City's funding role in Phase One shall be to allocate funds from the Pineapple Grove
Redevelopment Seed Money to reimburse the CRA for property acquisition
0 Funding sources for Phase Three shall be determined
0 The CRA's Subsidized Loan Program and Business Development Program are available to provide
additional assistance to property owners and businesses
Project Schedule
0 Phase One began in FY 1991/1992
0 Phase Two in FY 1994/1995
0 Schedule for Phase Three to be determined
.
.
Property Acquisition Map
Block # 76 & 84 Redevelopment
NE 1 st Street
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E. Atlantic Avenue
A 12-43-46-16-01-076-0030 Lots 3 to 5. inc. ( Less W. 10Ft Road R/W) & Lot 6 (Less S, 40 Fl & W, 10Ft. Road R/W)
Block 76. Town ot Linton
B. 12-43-46-16-01-076-0061 S. 40 Ft of Lot 6 (Less W. 10 Ft Road R/W), Block 76, Town of Unton
C. 12-43-46-16-01-076-0100 Lot 10, Block 76. Town of Linton
0, 12-43-46-16-01-076-0111 W. 50 Ft of Lot 11 (Less N, 9.4 Ft) & w, 50 Fl of Lot 12, Block 76, Town of Unton
e, 12- 43-46-16-01-076-0121 Lot 12 (Less W. 50 Ft.) & Lot 11 (Less W. 50 of S. 65.3 Ft.), Block 76, Town of Unton
.,
OaRAY BEACH COMMUNITY REOEVaOPMENT AGENCY 1994/95 ASCAL YEAR BUDGET I TOTAl ACTUAlS
ASCAl.. YEAR BUDGET: 1 0/1/94-9130195 20-Mar 95 ACTUAlS Adopl8d 9/22/94, 1st Revision 2/10195 BUDGET TO DATE
ITEM (proj6,Wl\1 ) NOTES '93/94 TiPs OTHER TAX-EX $ TAXABLE $ 94195 02128195 VARIANCE
SOURCE OF FUNDS
Tax Incntment Funds 1 I
City 416,071 436,897 0 0 0 436,897 456.897 10,000
County 262.489 275,102 0 0 0 275,102 285,103 10.001
Sales of Purchased-Properties: Projects
Peach Umbrella Plaza I 18 0 0 0 0 303,500 303,500 0 (303,500)
Downtown Mixed Use 21 0 0 0 0 303,000 303.000 0 (303,000)
. Block 76: Parking - City Bonds 22 0 0 454,689 0 0 454,689 0 (454,689)
Block 76 - Redev. 22 0 0 0 0 0 0 0 0
Block 60: Parking 28 0 0 0 60,000 0 60,000 0 (60,000)
Affordable Housing 20 22,488 0 383,230 0 0 383,230 0 (383,230)
Reimbursements: Projects
Bankers Row 7 37,853 0 3,250 0 0 3,250 (I (3,250)
. SubsiolZed Loans: Grants 15 0 0 0 0 0 (I 0 0
Affordable Housing: Grants 20 0 0 62,977 0 0 62,977 0 (62,977)
Dcmntown Anchor 19 0 0 0 0 0 0 0 0
Peach Umhrella I Facade Loan 18 0 0 0 0 0 0 0 0
Peach Umbrella Parking 18 50,000 0 0 0 0 0 0 0
Block 60: Historic Homes 28 274,500 0 73,299 0 0 73,299 0 (73,299)
Proceeds from Borrowing 2 0 0 0 0 0 0 0 0
TE Proceeds from Bond Borrowing:Tax-Exempt 2 2,975,000 0 0 1,325,000 0 1,325,000 1,325,000 0
TA Proceeds from Bond Borrowing:Taxable 575,000 0 0 0 225,000 225,000 0 (225,000)
Property Revenue, Net Sch. A 50,156 0 30,632 0 0 30,632 12,320 (18,312)
Interest Earned 3 23,940 600 5,000 38,623 12,874 57,097 18,3~ (38,717)
Other Interest 0 0 0 0 0 0 0 0
Other Income (W.Atlantic, etc.) 4 450 0 1000 0 0 1000 0 1000
TOTAL SOURCE OF FUNDS 4,687.947 712,599 1,014,077 1.423.623 844,374 3.994.673 2.097.699 (1.896,974)
APPUCA TION OF FUNDS HISTORICAL
Debt Service thnJ 9/30/94
City of Delray Beach 5 1,676,304 0 0 0 0 0 0 0
Bond Borrowing 2 150,044 273,950 0 0 0 273.950 79.632 (194,318)
Short-term Bank Borrowing 2 0 0 0 0 0 0 0 0
Other Borrowing 0 0 0 0 0 0 0 0
Operating Reserve: Bonds 105,000 155.000 0 0 0 155,000 0 ( 155,000)
Issuance Costs of Borrowing 2 64,013 0 0 0 0 0 0 0
Subtotal Debt Service 1,995,361 428,950 0 0 0 428,950 79,632 (349,318)
Fund: Project Expenses r = Contingencies, C = Commitments)
TA C Old School Square 6 106,093 0 0 0 43,743 43,743 22,115 (21,628)
TE C Bankers Row 7 364,629 0 0 0 0 0 980 980
TE C Municipal Tennis Center 8 40,446 0 0 49,571 0 49,571 25 (49,546)
TE Downtown Core Improve.: Bridge T ndr 9 40,192 0 0 0 0 0 0 0
TE C . . . Park.fAlley 10 138,821 0 0 0 0 0 0 0
TE . . . Dntn.Jt.Ven. 11 118,423 0 0 50,000 0 50,000 25,213 (24,788)
TE . . . Riverwalk 12 2,604 0 0 5,000 0 5,000 22 (4,978)
TE Pineapple Grove Way Revit.: Main Street, 13 12,597 0 "---~ 0 0 10,000 10,000 10,214 214
TEA Historic Facade Program 14 25,240 0 0 0 0 0 0 0
T ACCRA Subsidized Loan Program 15 496,666 10.000 0 0 90,000 100,000 5,882 (94,118)
TEA C Site Develq>ment Assistance 16 39,119 0 0 0 0 0 0 0
TA Community Activities Sponsorship 17 12,41Q 0 0 0 10,000 10,000 3,B16 (6,184)
TA Peach Umbrell9 Plaza I: RedEN. 18 170,031 0 0 0 317,635 317,635 21(1 (317,416)
TE Peach Umbrella Plaza I: Parking 18 25,28B 0 0 100,016 0 100,016 B3 (Q9,933)
TA Downtown Anchor wI Parldng 19 21,181 0 0 0 10,000 I 10,000 6,820 (3,180)
..
DElRAY BEACH COMMUNITY REDEVElOPMENT AGENCY 1994 f 95 ASCAL YEAR BUDGET TOTAL ACTUALS Page 2
FISCAl YEAR BUDGET:10/1194-9130/95 ACTUAlS Adopted 9/22194, 1st Revl8lon 2/10/95 BUDGET TO DATE
ITEM 20-Mar-95 NOTES '93194 TiPs OTHER TAX-EX $ TAXABLE $ 1I4J95 02l28J95 VARIANCE
Project Expenses, cant
Ope C Affordable Housing: 2nd Mtgs 20 183,662 0 61,250 0 0 61,250 46,779 (14,4 71)
Oper Affordable Housing: A&.D 20 58,108 0 396,457 0 0 396,457 22,446 (374,011)
TA D(MIflt(Mlfl Mixed Use: A&.D 21 443,7B9 0 0 0 357,BOO 357,800 15,276 (342,524)
TE . Block 76 ... Parking 22 55,741 0 454.6B9 40,311 0 495,000 1,902 (493,098)
TA . . . Redev. 22 2,169 0 0 0 0 0 5,200 5,200
TE S.Counly Courthouse: Expansion 23 687,899 0 0 5,000 0 5,000 1,294 (3,706)
TE ill . .ilI Prop.Renov. 23 5,495 0 0 33,000 0 33,000 188 (32,813)
TE Predevelopment Planning 24 6,185 0 0 15,000 0 15,000 14 (14,987)
TE W.Atlantic Ave. Redevelopment Plan 25 57,154 0 0 55,000 0 55,000 1,007 (53,993)
TE Master Parking Program 26 10,398 0 0 0 0 0 0 0
Delray Beach Trolley 3,667 0 0 0 0 0 0 0
TA Business Development Program 27 155 0 0 0 0 0 0 0
TE Block 60 Parking 2B 276,20B 0 0 740,100 0 740,100 57,68B (682,412)
TElGR/lBlock 60 Historic Homes 28 296,221 0 60,000 146,698 0 206,69B 230,214 23,516
TA . Block 61: A&D 0 0 0 0 0 0 0 0
TA Salaries: Projecl-related 1,425 5,000 0 0 0 5,000 4,548 (453)
Project Legal Fees 70,584 15,000 0 0 0 15,000 263 (14,738)
Project Blues, Plans, etc. 10,614 5,000 0 0 0 I 5.000 54 (4,946)
Subtotal Project Expenses 3,7B3,221 35,000 972,396 1,239,696 839,178 3,086,270 462,258 (2,624,012)
General & Administrative ACTUALS 93194
Salaries 29 164,513 171,203 0 0 0 171,203 69,973 (101,229)
Benefits - Pension, Other 6,320 7,726 0 0 0 7,726 7,653 (74)
Conferences, Seminars 95B 1,500 0 0 0 1,500 0 (1,500)
Dues, Fees &. Subscriptions 1 ,403 1,500 0 0 0 1,500 377 (1.123)
Entertainment &. Travel 3,034 5,000 0 0 0 5.000 290 (4,710)
Insurance - Health 6,479 6.664 0 0 0 6.664 3,332 (3.332)
- Other 4.883 9,303 0 0 0 9,303 7.607 ( 1.696)
Maintenance &. Repairs, Security 4,919 2,500 0 0 0 2,500 1,575 (925)
Miscellaneous 30 671 500 0 0 0 500 37 (463)
Office Equipment, Furniture 1,928 2,500 0 0 0 2,500 130 (2,370)
Office Expenses 31 6,301 7,500 0 0 0 7,500 2,707 (4,793)
Professional Fees - Audit, Acctg. 9,195 9,800 0 0 0 9,800 9,400 (400)
. . - Bookkeeping 20,763 3B,000 0 0 0 38,000 8,656 (29,344)
. . - Legal 13,902 15,000 0 0 0 15,000 3,488 (11,513)
. . - Legislative 32 14,944 12,500 0 0 0 12,500 6,779 (5,721)
. . - Grants 0 15,000 0 0 0 15,000 5,000 (10,000)
. . - Other 4,747 10,000 0 0 0 10,000 594 (9,406)
Public Relations 33 9,449 5,000 0 0 0 5,000 0 (5,000)
Rent - Office 9,794 4,180 0 0 0 4,180 4,180 0
Rent - Equipment 4,115 5.001 0 0 0 5,001 2,140 (2,860)
Taxes - Payroll, Other 13,269 13,927 0 0 0 13,927 3,657 (10,271)
Telephone & Utilities 10,662 9,000 0 0 0 9,000 4,220 4780
Subtotal General & Administrative Exp. 312,249 353,305 0 0 0 353,305 141,796 (211,508)
TOTAL APPLICATION OF FUNDS 6,090,831 B17,255 972,396 1,239,696 839,178 3,868,525 683,686 (3,184,839)
SUBTOTAL FUND SOURCES IN EXCESS OF APPLlCATIC (1,402,884) (104,656) 41,681 183,927 5,196 126,148
+/- Cash Balance, Beginning of Year 34 258,359 105,549 119,190 380,410 101,077 706,226
Other: Acquisitions,Payables, etc. 10000 0 0 0 0 0
706,226 9Q3 160,971 664,337 106,273 1,220,172
Less bond-related / committed funds . (600,677) . .
TOTAL NET OPERATING FUNDS 105,549
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DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
FISCAL YEAR BUDGET: 1011J94..lWOI95 ACTUAL TIF ACTUALS
EXPENSES BUDGET TO DATE
SCHEDULE A - PROPERTY ACCOUNT ~ ~ 02128185 VARIANCE
REVENUES
Pay Phone Reimbursement 316 0 1,307 (1,307)
Property Rental 74,567 65,164 24,827 40,336
Property Tax Reimbursement 9,149 5,000 4.938 62
Sales Tax Reimbursement 3,546 2,398 1,532 866
Interest 175 150 60 90
C.A.M. Reimbursement (Kwik Stop, Laundry) ~ ~ .9..1Q~ ~
TOTAL REVENUES 91,508 76,776 35,832 40,943
PROPERTY EXPENSES
Advertising 193 0 1,313 (1,313)
Bad Debts, Eviction Expenses 4,658 1,000 1,011 (11 )
C.A.M. (Kwik Stop, Laundry) 0 4,064 913 3,151
Insurance 5,453 5,482 2,944 2,538
Legal Fees (294) 1,000 1,713 (713)
Maintenance, Repairs & Trash 6,687 9,000 2,022 6,978
Management Fees 889 3,500 0 3,500
Miscellaneous 95 200 0 200
Property Improvements 1,920 5,000 150 4,850
Taxe$: Property 10,560 10,560 10,879 (319)
: Sales 3,472 2,338 1,265 1,073
Utilities 4.319 4.000 1,414 2.586
TOTAL EXPENSES 37,952 46,144 23,623 22,521
SUBTOTAL REVENUES IN EXCESS OF EXPENSES 53,556 30,632 12,210 18.422
+/- Other: Late Fee Income (Apartments) 110
TOTAL REVENUES IN EXCESS OF EXPENSES 58,558 80,882 12,820 18,422
.,
PROJECT COSTS BlOJ~ 76 .- P.ARKING
[an cqulsl(lon and Sales
BUDGET PROJECT
ITEM AMOUNT TO DATE 1994/95 1995/96 1996/97 1997/98 1998/99
-....- -------- -------- -------- ...------- -------- -------- --------
EXPENSES
A. Land Acquisition
1, RTC, lots 8 & 9 45,311 45,311
2. Pierce Building (A-2) 0 0
lot 5 & part of lot 6
3. Pierce Tire Building (E) 155,000 155,000
part of lots 11 & 12
4. Pierce Building (C) 150,000 150,000
lot 10
5, Pierce Property (A-i) 120,000 120,000
lots 3 & 4 & part 5
6. Craige Furniture Building (D) 0 0
part of lots 11 & 12
7. Appraisal, Survey, Planning 30,430 10,430 20,000
-------- -------- -------- -------- -------- ------...- --------
500,741 55,741 445,000 0 0 0 0
B. Parking lot Developlent
1. 85 spaces 200,000 50,000 150,000
-------- -------- -------- ...------- -------- -----...-... -------...
TOTAL COSTS $700,741 $55,741 $495,000 $150,000 $0 $0 $0
-------- -------- -------- ...------.. ....------- -------- --------
-------- -------- -------- -------- ...------- -------- --------
REVENUES
C. City of Delray Beach Contribution
1. Decade of Excellence' Bonds $500,000 $45,311 $454,689 $0 $0 $0 $0
-------- -------- -------- ...------- -------- -----..-- -------..
-------- -------- -------- -------- -------- -------- --------
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PROJECT COSTS BLOCK 76 - REDEYELOPHENT
Land Acquisition and Sales
BUDGET PROJECT
ITEM AHOUNT TO DATE 1994/95 1995/96 1996/97 1997/98 1998/99
...--- -------- -------- -------- -------- -------- -------- --------
A, Land Acquisition
1. Van Hille Building (5,000 sf) 0
part of Lot 6
2. Pierce Building (A-2) 125,000 125,000
Lot 5 & part of Lot 6
3, Appraisal, Survey, Planning 2,169 2,169 0
-------- -------- -...------ -------- ----...--- -------- --------
TOTAL COSTS $127,169 $2,169 $0 $125,000 $0 $0 $0
B. Land Sales
1. Pierce Building (A-2) $125,000 $125,000 $0
Lot 5 & part of Lot 6
...
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. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9,(;. - MEETING OF APRIL 4, 1995
BID AWARD/POMPEY PARK POOL AND BATH HOUSE
DATE: MARCH 31, 1995
This is before the Commission to consider the bid with McTeague
Construction Company, including alternate options, in the amount
of $1,030,780.00, for construction of the Pompey Park Pool and
Bath House.
After allowing for architects fees, we have about $800,000
available for construction of this project. We have three basic
alternatives available at this point:
1. Direct the architect to redesign the project and bring it
within budget, This would delay the project several months
and might reduce the scope of the project below what is
expected by the community.
2. Award the project as bid.
3, Award the project to the low bidder and direct the staff to
negotiate with the contractor on changes which could reduce
costs while not adversely affecting the quality of the
project.
I recommend we award the bid to MeTe ague Construction with
alternates 1, 3, and 5, for a total of $1,030,780. We would be
postponing the heating system to a later date, Direct the staff
to seek suggestions from the contractor on possible changes to
reduce the cost, and approve funding the additional cost from
prior year's surplus,
~~cuv~ 4
C4 ~
5~o
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L \
[7-)
[IT' DF DELRA' BEA[H
DElRAY BEACH
f lOR I Il A
tI.ftd 100 N.W. 1 st AVENUE. DELRAY BEACH. FLORIDA 33444 ' 407/243-7000
;iiir
1993 MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Pompey Park Pool
DATE: March 31, 1995
Jose Aguila and I talked today about the alternates we would recommend
for the Pompey Park pool. The alternates we would recommend are as
follows:
1.) Alternate #1: Provide for the substitution of wood louvers with
aluminum louvers.
2. ) Alternate #3: Provide for a floor and wall finish downgrade. The
floor calls for a fluid applied floor coating and the substitute would
allow for an epoxy paint with sealer on concrete. The wall calls for
ceramic tile and the substitute would allow for epoxy paint on the
block wall.
3. ) Alternate #4: Provide for the geothermal heat pump and blanket.
4. ) Alternate #5: Provide for the deletion of a small portion of pavers
in the entrance area.
Based on the above, we recommend that we accept the base bid plus
Alternates #1, 3, 4 and 5. Conversely, we are not recommending
Alternates #2, 6 and 7. We are not recommending Alternate #2 (shingle
roofs) due to aesthetic and long term maintenance costs. We are not
recommending Alternate #6 since we can budget for this and complete at
a future date with no impact on the pool. We are not recommending
Alternate #7 which provides for a time reduction of 2 months. With an
anticipated start date in April, this would provide a completion date
in October versus December.
@ P,int9d on R9CYC/9d Paper THE EFFORT ALWAYS MATTERS
..
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.
-2-
With these recommendations in mind, the apparent low bidder is McTeague
Construction at $1,107,280.
W
Parks and Recreation
Attachment
cc: Jose Aguila
Asst. Construction Manager
Alison MacGregor Harty
City Clerk
JW: cp
Ref:dhpoolop
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BID TABULATION
POMPEY PARK POOL AND BATH HOUSE
PROJECT NO. 93-56
March 28, 1995
......,... ......, ... .... ...,....,~... ....... . ,..........
.......... . ...... ......... ....." ........ ....... ..............
.:!!.I~n~i~~I~:.';:;.:f':!..Mlm~~~;.;.!,
'":,;,:-:,:,,.;.;.:.:.:.:.:.:..,:.;.:.;.:.:.;.:.:.:.:-: .:' . ", . .'. :.;.;.:.:.:. ..:.....;.:.:.....:. ,':,:':..'.
....'.........................................'....,.... ..................................... ....... .......... ......,....
..............'.........'...........',...............,.. ...................,................. ...................... ......,..
.....................'.,..... ....,...,..................-...... .......-....................
811,600 1,029,000 1,030,000 1,033,000 1,033,000 1,050,400
11III'IIII;!l!!lllll!!!II!I!lll:lll:!!llll!II!!:l! 15,000 7,400 13,300 11,000 8,750 10,050
. ........ ... .... .... ............ ...
:::::::::::::::::::::::::::::::;:;::::::::::..,......::.......:.......:...,
:1!lilll.1'.:l~llllll~I.I!III!11!ili ( 25,000) ( 22,000) ( 7,300) Base Bid ( 20,000) ( 9,000)
(*)
. , . ",. .., ...., ....
i!il!IIIIII::!:!I!!!!!I!!I!II:!!I!I!!I!!!!I!l!!! ( 10,000) ( 4,930) ( 7,000) Base Bid ( 1,500) ( 7,953)
(*)
................,.............................
......'......,..........'...................................................................
..............................................
..............................................
11:!111111:111::::'lllilll::11111111111!::111 55,000 76,500 78,000 69,550 70,000 63,933
.. .",. .."..
...,...... ................. ...............
i::.~w~!;.ii:i!!.,::i.::.ij::!:,:,i;i.i:i::I:::.i.:!.::Ij ( 2,000) ( 990) ( 800) Base Bid ( 500) ( 1,000)
:tEltiQr"Pa&:EiEiV.; (*)
.. .."..... "...,.""'" ."..., .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. ........ n' ..... ..............
.. ....... . ..... ..............
. .."... . .. ..... ..............
. . . . . .. . . . . . . . . . . . . . . . .
.. .. ....
Il!:I~1111!1~~~il!:III:i:j:;I:!I!1 12,000 30,000 13,400 12,000 17,000 17,466
...,'.... ',.....,',..,..,...,......'..,..
... ,. ".. --... ....
If.:II~j:III:.:i:i:iii~li::::lllillll:I:II:ii;.:!::::1illl 20,000 32,500 18,400 5,000 ( 8,500) 35,000
~~;I~'III@I:I::::!:il!l! !i.:!
..:j:II~I!.:I~i.i::ll!i:jj::i.:I.I.!:I::r::.! 876,600 1,147,780 1,138,000 1,130,550 1,158,896
::ttemsi\//\?:::'\:\m<
....... ",,' ,.". ....
814,600 1,035,500 ( *) na 1,051,497
879,600 1,120,500 (*) na 1,123,383
869,600 1,113,500 ( *) na 1,109,750 1,115,430
844,600 1,106,200 ( *) na 1,089,750 1,106,430
. . '.
................................. . .......
.:.:':.:.:.:.:.:.:.:.~. :.:':':.:. '. ..... ...:.:.:.:....
::;ii"II~;II:~i;!I:f:~::il:~!:::::: 864,600 1 , 117 , 780 1,124,600 ( *) na 1,141,430
NOTE:
(*) By placing these items in the base bid, the City is unable to make a comparable bid
evaluation and thus recommends that this bidder, Altman-Barry, be disqualified,
esd\9356\bidtab
Updated March 31, 1995
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # q. fJ, - MEETING OF APRIL 4. 1995
RESOLUTION NO, 30-95:
DATE: MARCH 31, 1995
This is before the Commission to approve Resolution No, 30-95
urging the State of Florida to sanction the Delray Beach
Centennial Events as part of the State Sesquicentennial
Celebration,
There are nine major events and festivities scheduled from April
through December,
Recommend approval of Resolution No. 30-95 for State sanction of
the Delray Beach Centennial events,
~~~O
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--"._~----,- ---_. -.-. ~._.,,--_.,--~.~------ ----_._.-.-.,----_.._~-_.~- ..-._~." " ---1-
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j; RESOLUTION NO. 30-95
"
i
I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
i DELRAY BEACH, FLORIDA, URGING THE STATE OF FLORIDA
I TO SANCTION CERTAIN DELRAY BEACH CENTENNIAL EVENTS
i
AS PART OF THE STATE SESQUICENTENNIAL CELEBRATION,
WHEREAS, in 1895, William S, Linton and Henry Swinton of
Saginaw, Michigan and their pioneer group called the "Michigan
Connection" , and the pioneer black families of Fagan Henry and Jane
Monroe, from the Florida Panhandle, purchased and settled land which
was then called the Town of Lintoni and,
WHEREAS, the settlement took several temporary names,
until about 1901 when a meeting was held in the School Building to
choose a permanent name. Six pioneers were present, three of whom
had come from Delray, a suburb of Detroit, Michigan. It was at
their suggestion that the town site be named DelraYi and,
WHEREAS, the year 1995 marks the 100th Anniversary of the
founding of our community, we seek to honor those early pioneers and
Delray's humble beginnings,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1, The State of Florida is hereby urged to
sanction the following Delray Beach Centennial Events as part of the I
State Sesquicentennial Celebration. I
o April Centennial Mural "Rural by Day, Urban by
Night"
o May History Fair - Storytelling
o June Heart of the City - Community Artwork and
Photographs
o July Fourth of July Centennial Spectacular
- Fireworks, Fire Muster, Sandsculpting,
Picnic and Parade
o July/Aug 18th Annual Roots Festival - Celebration of
Heritage
o September History of Delray - 100 Years of Cartoon Art
Historical Play - 100 Years of Delray Beach
o October 4th Annual Heritage Month - Centennial Train
Depot Dedication
o November Youth Centennial Parade - Statue dedication
at Veterans Park
o December Holiday Festivities - 100 foot Holiday Tree
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for 100 Years Celebration - Holiday Parade
Section 2, That this resolution shall take effect
immediately upon passage,
PASSED AND ADOPTED in regular session on this 4th day of
April, 1995,
~E~
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~ M&nOR
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I ATTEST:
(hNm'f!I!/-'J.u[~ 1Im.-4
Cl y Cler
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-2- Res. No, I
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [)Y1
SUBJECT: AGENDA ITEM :it 9.Jr. - MEETING OF APRIL 4. 1995
APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES
DATE: MARCH 30, 1995
Mr, John Tallentire's term on the Police and Fire Board of Trustees
will expire on April 22, 1995, Mr, Tallentire was appointed to an
initial two year term on May 11, 1993, He is eligible and would
like to be considered for reappointment, The term is for two
years, beginning April 23, 1995 and ending April 22, 1997,
Attendance records are attached,
The following individuals have submitted applications for
consideration:
David I, Cohen
Herbert F, Freese
Melvin Hirth
Robert Levitt
John Tallentire (incumbent)
Section 33,65 of the City Code provides that two (2 ) public members
are to be appointed by the City Commission, The appointee does not
have to be a resident, property owner or business owner within the
city, Each trustee must take an oath of office,
Pursuant to Commission direction, a check for outstanding code
violations and/or liens has been conducted. None were found,
Based upon the rotation system, the appointment will be made by
Mayor Lynch (Seat #5),
Recommend appointment of a public member to the Police and Fire
Board of Trustees for a two year term ending April 22, 1997.
ref:agmemo
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POLICE AND FIRE BOARD OF TRUSTEES' 1995
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Mayor Lynch p P P
Robert B. Lees p P P
John Tallentire p P P
Asst. Ch. M. WigdersoI P P P
Mark S. Davis P P P
William Adams P P P I
I
Maj. Rick Lincoln P Ex P I
,
Thomas Tustin P P P I
i
Robert Brown P P P I
-- - --- ---~----_._- - -~- ---- ., -."- .-
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POLICE AND FIRE BOARD OF TRUSTEES 1994
-.
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Mayor Thomas Lynch A A A P P P P P P Ex
Robert B. Lees p p p p P Ex P P P P
John Tallentire p p p p p P Ex P P P
Mike Wigderson p p p p p p p p p p
Mark S. Davis p A P P P P P P P P
William Adams p p p P Ex Ex t:l P P P P c=
...c ...c
.u .u
Richard Lincoln A p P P P Ql Ex P P P ~
P ::E:
Tom Tustin A p P P p P ~ Ex P P P 0
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Robert Brown p p A P P P P P P P
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atten.doc
---. ---- -- ..-. -- - -
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.>- CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
~
NAME J b firV' T;;- t~ct..l Tt~ ~
If '- [1'. bC'(, 33 f-
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HOME ADDRESS (Street, City, Zip Code) (LEGAL
L-:>- 't- l R. (;"11
PR NCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE Z 7 ~- s- 3 3 J BUSINESS PHONE tv(J'~if
ON WHAT BOARDS ARE YOU INtERESTED IN SERVING c..c {//t- .J c"ve V( c ~
()Oll~e 'r nr-e
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
NON(..~ A/avV . .r () L.tt; t r-it-1" ( t7 # Co~/(, 4- L avt- 'Tf;lf;; A(,.JJ
EDUCATIONAL QUALIFICATIONS /3; S, t.?O uC- ,..,...~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES walCH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION tp t( 6r"'f (1 v J
tfJCG-}f,.v (" { 't v/ Lv At JlBv'l 0, (/. fl ,I(~ 1- TJ? L41
,-
DESCRIBE EXPERIENCES. SnLLS 01. lCNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
4/v ~ 11/'" II Y (,.~ /- v e.. bff) ,yL.~{
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PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~~ N/C It" 22/ /111
DATE
4/90
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[IT' DF DELHA' BEA[H
DELRA Y BEACH CITY CLERK
f L 0 I IDA 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7000
~
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1993 April 26, 1995
Mr, Jack L. Horniman
Executive Director
Palm Beach County Municipal League
P,O, Box 1989
West Palm Beach, FL 33402
Re: Local Option Gas Tax Interlocal Aqreement
Dear Mr, Horniman:
This is to inform you that the Delray Beach City Commission, in
regular session on April 4, 1995, approved the Local Option Gas
Tax Interlocal Agreement with Palm Beach County as well as
Amendment #1 to the Interlocal Agreement of 1993,
I expect to have the documents fully executed within the next day
or so, and will then forward three ( 3 ) originals of each
agreement to your attention for transmittal to the County,
If you have any questions or need additional information, please
do not hesitate to call me at 407/243-7050,
Sincerely,
OLwm'lI}u}tiUJOll/azIit.
Alison MacGregor Harty
City Clerk
AMH/m
COPY VIA FAX
ORIGINAL VIA REGULAR MAIL
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER mv1
SUBJECT: AGENDA ITEM # 9,:r - MEETING OF APRIL 4, 1995
LOCAL OPTION GAS TAX INTERLOCAL AGREEMENT AND AMENDMENT #1
DATE: MARCH 3 1, 1995
This is before the Commission to consider approval of a new
interlocal agreement with Palm Beach County concerning the original
local option gas tax, The original agreement is due to expire on
June 1, 1995, The Municipal League recently negotiated a two year
extension of the 2/3 (County) , 1/3 (municipalities) split of the 6
cents local option gas tax revenues, levied under Florida Statute
336,025(1) (a),
In addition, approval is requested for Amendment #1 to the 1993
Interlocal Agreement which establishes the split for the additional
5 cents local option gas tax levied under F.S, 336,025(1) (b). This
amendment provides for periodic (every two years) reviews of the
method of distribution of local option gas tax revenues,
The Municipal League asks that we act on these two items as quickly
as possible, It is important that all municipalities adopt them
because approval by cities representing a minimum of 51% of the
municipal population in the County is required by State law in
order for the agreement to be legally effective. Palm Beach County
has scheduled the agreement and the amendment for adoption at its
May 2, 1995, meeting,
Recommend approval of the Local Option Gas Tax Interlocal Agreement
with Palm Beach County, and Amendment #1 to the Interlocal
Agreement of 1993,
ref:agmemo6
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MAR 3 1 1995
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Palm Beach County MUNICIPAL LEAGUE
P.O. BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 33402 (407)355-4484
MEMORANDUM
TO: Mayors and Man~(for appropriate distribution)
FROM: Jack L. Hornima xecutive Director
DATE: March 30, 1995
HE: Local Option Gas Tax Interlocal Agreement
****************************************************
The Municipal League recently renegotiated a 2/3 (County) ,
1/3 (municipalities) split of the original 6 cents local option
gas tax revenues with the Board of County Commissioners. The
League has been working diligently over the past nine months to
resolve this issue because the original Interlocal Agreement
sunsets June 1, 1995.
The Interlocal Agreement along with an amendment to the
August, 1993 Local Option Gas Tax Interlocal Agreement,
necessitated by a change in the State law, will be transmitted to
all municipalities by the Municipal League as a follow-up to this
memorandum. It is important that each municipality schedule and
take action on the Interlocal Agreement and the amendment during
the month of April with the understanding that the County will
place these items on its agenda for adoption at its May 2, 1995
meeting. It is important that all municipalities adopt these two
documents because a minimum 51% municipal population is required
by State law.
After your municipality has adopted the Interlocal Agreement
and the amendment, please submit three (3) originals of both
fully executed documents to the Municipal League Office,
Attention: Jack Horniman, Executive Director, who will
collect these' and transmit them directly to Bob Weisman,
County Administrator. Should you have any further questions,
please do not hesitate to contact me.
JLH/drh
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INTERLOCAL AGREEMENT
TIlls Agreement is made this day of , 19 by and between
Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as the
"COUNTY" and , a municipal corporation located in Palm
Beach County, organized and existing in accordance with the laws of the State of Florida, hereinafter
referred to as the "MUNICIPALITY."
WITNESSETH:
WHEREAS, Section 336.025(1)(a), Florida Statutes, enacted by the Florida Legislature
authorizes a one (I), two (2), three (3), four (4), five (5) and/or six (6) cent local option gas tax to
be levied upon the sale of every gallon of motor fuel and special fuel within the COUNTY; and
WHEREAS, said statute contemplates an interlocal agreement by and between the COUNTY
and the MUNICIPALITIES located therein to establish a distribution formula for dividing the
proceeds of said tax among COUNTY government and all eligible MUNICIPALITIES within the
COUNTY; and
WHEREAS, the parties already have in effect an Interlocal Agreement(s) providing for
distribution of the first (1st), second (2nd), third (3rd), fourth (4th), fifth (5th) and sixth (6th) cents
of the local option gas tax; and
WHEREAS, the Interlocal Agreement(s) providing for such distribution will expire on or
about August 31,1995; and
WHEREAS, representatives of the COUNTY and the various MUNICIPALITIES have met
and negotiated mutually acceptable terms and conditions for a new Interlocal Agreement which are
set forth herein; and
WHEREAS, this lnterlocal Agreement must be approved and executed by the COUNTY and
a sufficient number of MUNICIPALITIES in the COUNTY which represent a majority of the
population of the incorporated area within the COUNTY not later than May 3], ] 995.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained
and for such other good and valuable consideration, the receipt of which the parties hereby expressly
acknowledge, the parties hereto covenant and agree to the following terms and conditions:
.'
1. This Agreement is entered into with the specific contemplation that the Board of
County Corrunissioners of Palm Beach County will enact an appropriate ordinance to extend the six
(6) cents local option gas tax previously levied for an additional period of time with said tax being
imposed effective on September 1, 1995, In the event the Board of County Commissioners of Palm
Beach County fails or refuses to enact said ordinance to extend the six (6) cents tax, this Agreement
shall be null and void.
2. The tenns of this Agreement shall be for the same duration as the amendment to the
local option gas tax ordinance identified in paragraph 1 hereof extending the levy of the six (6) cents.
Upon expiration of the period for which said tax is levied as provided for in the amendment to the
COUNTY ordinance, this Agreement shall terminate except that if the Board of County
Commissioners reimposes said tax as provided in Section I(a) of said statute, this Agreement may
be renewed as provided therein,
3. A. All proceeds of the six (6) cents of the tax collected pursuant to said statute
shall be divided between the COUNTY and the municipalities as follows; or as may be mutually
agreed upon by the parties pursuant to paragraph 16:
1. The COUNTY shall receive two-thirds
(2/3) of all sums collected.
11. The municipalities collectively shall
receive one-third (113) of all sums
collected.
B. All money shall be collected and distributed to the respective parties as
provided in Section 336.025(2), Florida Statutes.
4. Each MUNICIPALITY eligible to participate in the distribution of the proceeds of
said tax shall receive a pro rata share of the aforesaid one-third (113) MUNICIPALITY share
pursuant to a formula that will be based seventy percent (70%) on lane miles located within a
MUNICIPALITY for which the MUNICIPALITY is responsible for maintenance and thirty percent
(30%) upon the population of the MUNICIPALITY based upon the most recent University of Florida
Population Estimate. Said formula is:
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30% x (city population) + 70% x (city lane miles) = Local Distribution
(sum of city population) (sum of city lane miles)
Exhibit A attached hereto and incorporated herein by reference identifies each eligible
MUNICIPALITY's pro rata share of the MUNICIPALITIES' collective one-third (1/3) share. Said
distribution may be amended not more than once annually by the Palm Beach County Municipal
League, Inc" preparing on behalf of the said MUNICIPALITIES a new Exhibit "A" based upon
changes in the foregoing criteria and submitting same by June 1 st of any year to the County
Administrator who shall in turn transmit same to the Department of Revenue.
5. This is one of several Interlocal Agreements between the COUNTY and various
MUNICIPALITIES providing the same tenns for the division and distribution of the proceeds of the
first six (6) cents of the local option gas tax, As such, this Interlocal Agreement may be executed in
one (1) or more counterparts, each of which shall be deemed an original, but all of which shall
constitute one (1) in the same instrument (the Interlocal Agreement) for the purpose of Section
336.025, Florida Statutes. The Interlocal Agreement constitutes an interlocal agreement between the
COUNTY and the MUNICIPALITIES located therein representing a majority of the incorporated
area population within the COUNTY.
6. The parties agree to meet every two (2) years to evaluate the method of distribution
of the local option gas tax revenues in accordance with Section 336.025(1)(d), Florida Statutes. The
MUNICIP ALITIES shall be collectively represented at such meeting by the Palm Beach County
Municipal League, Inc. and the COUNTY by representatives as selected by the County
Administrator's office. The Municipal League or the County may call for such meeting by providing
thirty (30) days notice to the other as set forth in paragraph 13 herein.
7. Nothing in this Agreement shall preclude either party from litigating against the other
on matters completely unrelated to and not contemplated by this Agreement.
8. This Agreement shall take effect only upon execution both by the COUNTY and those
MUNICIP ALITlES representing a majority of the population of the incorporated areas of the
COUNTY. In the event that either the COUNTY fails or refuses to execute this Agreement or in the
event that those MUNICIPALITIES representing a majority of the population of the incorporated
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,
.,
.,
areas of the COUNTY fail to execute this Agreement, then this Agreement automatically shall be null
and void and the parties hereto shall have no further rights or responsibilities hereunder.
9. The invalidity of any portion, article, paragraph, provision, clause or any portion
thereof of this Agreement shall have no affeet upon the vaJidity of any other part or portion hereof.
10. To the extent allowed by law, the venue for any action arising from this Agreement
shall be in Palm Beach County, Florida,
11. This Agreement shall be governed by and in accordance with the laws of the State of
'Florida.
12. In any action brought by either party for the enforcement of the obligations of the
other party, the prevailing party shall be entitled to recover reasonable attorneys' fees.
13. Any notice given under the provisions of this Agreement shall be in writing and shall
be delivered personally or sent by certified or registered mail, postage prepaid, to:
COUNTY:
Palm Beach County
Board of County Commissioners
301 N. Olive Avenue
West Palm Beach, FL 33401
WITH A COpy TO:
County Attorney
301 N. Olive Avenue, Suite 601
West Palm Beach, FL 33401
MUNICIPALITIES:
Palm Beach County Municipal League, Ine,
301 N. Olive Avenue, 10th Floor
P.O. Box 1989 - Government Center
West Palm Beach, FL 33402
Attention: Executive Director, Jack L. Horniman
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WITH A COpy TO:
Trela 1. White, Esq,
Attorney for Palm Beach County Municipal League, Inc.
Corbett & White
505 S. Flagler Drive, Suite 1003
West Palm Beach, FL 33401
The Municipal League, upon receipt of any notice provided herein, shall provide like notice to each
municipality that is a party to the Agreement. Notice by certified or registered mail, return receipt
requested, shall be deemed effective on the date that such notice is deposited in a United States Post
Office.
14. The parties expressly agree that time is of the essence in this Agreement and the failure
by a party to complete performance within the time specified, or within a reasonable time if no time
is specified herein, shall, at the option of the other party without liability, in addition to any other
rights or remedies, relieve the other party of any obligation to accept such performance.
15. The parties hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, the party not in default shall provide to the party in default thirty (30)
days written notice to cure said default before exercising any of its rights as provided for in this
Agreement.
16. The parties agree that this Agreement sets forth the entire agreement between the
parties, and there are no promises or understandings other than those stated herein, None of the
provisions, terms and conditions contained in this Agreement may be added to, modified, superseded
or otherwise altered except by written instrument executed by the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set
forth above.
ATTEST: (NAME OF MUNICIPALITY)
By: By:
Municipal Clerk Mayor
ATTEST: PALM BEACH COUNTY, FLORIDA
DOROTHY H, WILKEN, Clerk BY ITS BOARD OF COUNTY
COMMISSIONERS
By: By:
Deputy Clerk Chair
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
County Attorney
wpwin60\wpdocslmunicipalinterloc. wpd
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AMENDMENT #1 TO INTERLOCAL AGREEMENT
This Amendment to the Interlocal Agreement dated August, 1993,
by and between Palm Beach County, a political subdivision of the
state of Florida, (hereinafter referred to as "COUNTY" ) and
, a municipality located in Palm Beach County,
Florida (hereinafter referred to as "MUNICIPALITY" ) is made and
entered into this day of , 1995 .
WIT N E SSE T H:
WHEREAS, section 336.025(1) (b), Florida Statutes, authorizes
the levy of 1, 2, 3, 4, or 5 cent local option gas tax within the
COUNTY; and
WHEREAS, the COUNTY and MUNICIPALITY entered into an
Interlocal Agreement in August, 1993, to provide for the
distribution formula for dividing the proceeds of the tax among the
COUNTY and all eligible MUNICIPALITIES within the COUNTY; and
WHEREAS, the parties now wish to amend the Interlocal
Agreement to provide periodic reviews of the method of distribution
of local option gas tax revenues as referred to in Section
336.025(1) (d).
NOW, THEREFORE, in consideration of the premises and the
mutual covenants herein contained, and for such other good and
valuable consideration, the receipt of which the parties hereby
expressly acknowledge, the parties hereto agree to amend the
Interlocal Agreement as follows:
1. A new paragraph 15 shall be added to provide:
The parties agree to meet every two
(2) years to review the method of
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distribution of the local option gas
tax revenues in accordance with
Section 336.025 (1) (d) , Florida
Statutes. The MUNICIPALITIES shall
be collectively represented at such
meetings by the Palm Beach County
Municipal League, Inc. and the
COUNTY by representatives as
selected by the County
Administrator's office. Either the
Municipal League or the County may
call for such meeting by providing
thirty (30) days notice to the other
as set forth in paragraph 11 herein.
2. All other terms and conditions of the Interlocal
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals in the day set forth above.
ATTEST: (NAME OF MUNICIPALITY)
By: By:
Municipal Clerk Mayor
ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS
DOROTHY H. WILKEN, Clerk BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Chair
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
County Attorney
G:\..,\LNewton\AGM\GasTax2.AGM
2
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 9. 1(. - MEETING OF APRIL 4. 1995
BANNER ATTACHMENT AGREEMENT/FLORIDA POWER AND LIGHT
DATE: MARCH 31, 1995
This is before the Commission to consider approving a Banner
Attachment Agreement with Florida Power and Light Company to
temporarily hang banners purchased by the Joint Venture on FPL
poles along Federal Highway.
These 40 by 80 inch banners are to hang on north and south bound
U.S.1, two blocks either side of Atlantic Avenue, announcing the
approach to downtown Delray Beach,
It only remains to obtain liability insurance. By Tuesday, we
hope to know whether we can purchase such insurance and what the
cost would be,
Recommend approval of the Banner Attachment Agreement with
Florida Power and Light Company, if insurance is available at a
reasonable price,
PoS1fb: J./11~/96
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[ITY DF DELRRY BER[H
JELRAY BEACH
f l 0 . I 0 "
tzftd 100 N.W. 1st AVENUE, DELRAY BEACH, FLORIDA 33444 ' 407/243-7000
All-America City
, till! MEMORANDUM
1993
TO: David T, Harden, City Manager
FROM: ~obert A, Barcinski, Assistant City'Manager
SUBJECT: AGENDA ITEM 1# CITY COMMISSION MEETING 4/4/95
BANNER ATTACHMENT AGREEMENT/FP&L
DATE: March 31, 1995
ACTION
Commission is requested to approve a Banner Attachment Agreement
with Florida Power and Light Company, to hang banners purchased by
the Joint Venture on Federal Highway,
BACKGROUND
In late 1993 the Joint Venture proposed to buy attractive banners (40' x
801 to hang on north and south bound U .S,l, two blocks either side of
Atlantic Avenue, The banners announce the approach to downtown
Delray Beach, Based on a verbal approval from Florida Power and Light
Company the banners were purchased, Subsequent to the purchase,
Florida Power and Light Company withdrew their approval in early 1994,
Since that time, I have been working to temporarily hang these banners
from existing Florida Power & Light Company poles until such time as we
can install permanent poles, with Federal Department of Transportation
approval,
We have finally reached a proposed agreement. The only concern,
however, is the insurance requirement, As written, we will have to obtain
liability insurance, We tried unsuccessfully to negotiate a change in the
insurance language,
* Prlnted on Recycled Peper THE EFFORT ALWAYS MATTERS
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Agenda Item #
Page 2
RECOMMENDATION
Consider approval of Banner Attachment Agreement with Florida Power
and Light Company on U,S. 1.
RAB:kwg
Attachment
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BANNER ATTACHMENT AGREEMENT
This Banner Attachment Agreement ("Agreement") is made as of , 1995,
by and be1ween Florida Power and light Company ("FPL") and the City of Delray Beach,
("CITY") and Delray Beach Joint Venture, (hereinafter collectively referred to as the
"City").
RECITALS
WHEREAS, the CITY has requested that it be permitted to attach decorative
banners to certain FPL owned utility poles; and
WHEREAS, FPL and CITY desire to enter into this Agreement to set forth the terms
and conditions upon which CITY may attach decorative banners to certain FPL owned
utility poles.
NOW, THEREFORE, in consideration of the covenants, conditions and agreements
hereinafter set forth, FPL and CITY hereby agree as follows:
I. GRANT OF PERMISSION
a) For the term of this Agreement and subject to the terms and conditions
herein contained, FPL grants CITY permission to attach decorative banners to sixteen FPL
owned concrete and wooden utility poles located on the east and west side of N.E. 5th
Avenue. be1ween N,E. 2nd Street and Atlantic Avenue and on the east and west sides of
S,E, 6th Avenue be1ween S.E. 2nd Street and Atlantic Avenue. Each banner shall be no
larger than 30 inches wide and 80 inches long. This grant does not extend to banners for
commercial advertising, and banners for commercial advertising are expressly prohibited
hereunder.
II, ATTACHMENT REQUIREMENTS
a) Banners may be attached to the north and south faces only of each utility
pole and shall be secured to hang vertically from each pole, Horizontal banners from
pole to pole are not permitted.
b) Subject to FPL's prior approval. (which may be withheld in FPL's sole
discretion) CITY shall select the manner and method by which to secure banners to the
utility poles.
c) Notwithstanding the above. in no event shall the banners be fastened to
the poles in a manner which causes or may cause structural damage to the poles.
d) In no event shall the banners be fastened to the poles in such proximity to
FPL's facilities so as to cause, or be likely to cause. interference with the supply of electric
service, or a dangerous condition. The attachment height for each banner at it's lower
edge shall be 18 feet from the ground surface and no closer than 40" from the power
lines,
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III. TERM
This Agreement shall be effective on the date of execution by all the parties hereto and
shall remain in effect until December 1. 1995. provided it is not otherwise terminated
earlier pursuant to provisions contained herein, The parties may extend the term upon
mutual agreement and by amendment hereto,
IV, CITY'S OBLIGATIONS
a) CITY, at its cost, shall be responsible for the installation and removal of the
banners,
b) CITY shall maintain the banners and all fastening devices in good repair
and condition during the term of this Agreement.
c) CITY represents that is will install banner poles on N.E. 5th Avenue and S.E.
6th Avenue prior to September, 1995, Upon completion of this project, CITY will with
reasonable promptness, transfer the banners to the new poles. In the event CITY does
. not complete the banner poles project by December 1, 1995, this Agreement shall expire
on its own term as provided in Article III.
d) At its cost, CITY shall promptly remove all banners from FPl's poles in the
event a hurricane watch becomes effective for the subject area and may re-install same
after the threat of storm has passed.
V. FPL DISCLAIMERS AND RESERVATION OF RIGHTS
a) CITY agrees that the CITY shall be responsible for any damage to property
or injury to persons or death arising out of or in any way caused by or connected to
CITY's negligence in its use of FPl's poles pursuant to this Agreement.
b) FPl reserves the right to remove and/or request removal of any banners
and/or fastening devices (and shall not be responsible for any damage to same) should
FPl. in its sole judgment determine that removal is necessary due to operating or facility
maintenance requirements, FPl shall have no obligation to re-install any banners and/or
fastening devices should temporary removal be required.
c) FPl reserves the right to change or modify its existing facilities on the
subject utility poles at any time during the term of this Agreement. If such changes or
modifications render the poles unsuitable for continued use by the CITY due to facilities
requirements, FPl may remove or require removal of any banners and/or fastening
devices,
VI. INSURANCE
a) During the term of this Agreement, CITY shall procure and maintain the
following minimum insurance in forms and with insurance companies acceptable to FPl:
1) Worker's Compensation Insurance for statutory obligations imposed by
workers' compensation laws. Self-insurance is permissible. -
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2) General Liability Insurance, including Broad Form Contractual Liability
Coverage, with minimum limits of One Million Dollars ($1,000,000,00) combined single limit
per occurrence for Bodily Injury and Property Damage Liability, FPL shall be designated
as an Additional Named Insured and the policy or policies shall be endorsed to be
primary to any insurance which may be maintained by or on behalf of FPL.
VII. TERMINATION FOR CONVENIENCE
Bther party may terminate this Agreement for its convenience at any time upon
fifteen (15) days prior written notice to the other, without liability, penalty or obligation.
VIII. NOTICES AND CORRESPONDENCE
All notices pertaining to or affecting the provisions of this Agreement shall be in
writing and either delivered in person or via the United States mail, postage prepaid,
addressed as follows:
a) Florida Power & Light Company
External Affairs Manager
P. O. Box 2409
1000 N.W. 17th Avenue
Delray Beach, Florida 33447
b) City of Delray Beach
David T. Harden, City Manager
100 N.W, 1st Avenue
Delray Beach, Florida 33444
c) Delray Beach Joint Venture
Ma~orie Ferrer, Director
64 S,E. 5th Avenue
Delray Beach, Florida 33483
IX. ENTIRE AGREEMENT I AMENDMENTS
This Agreement constitutes the complete and exclusive agreement among the
parties with respect to the subject matter herein, Parol or extrinsic evidence shall not be
used to vary or contradict the express terms of this Agreement. No amendment
hereafter made between or among the parties shall be ,binding unless set forth in a
written instrument authorizing any executed with the same formality as this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first written above.
FLORIDA POWER & LIGHT COMPANY
WITNESS:
By:
(Name - Title)
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CITY OF DELRA Y BEACH, FLORIDA
ATTEST:
By:
Thomas E. Lynch. Mayor
Alison MacGregor Harty. City Clerk
DELRA Y BEACH JOINT VENTURE
ATTEST:
By:
Ma~orie Ferrer. Director
Alison MacGregor Harty. City Clerk
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AS NOV 3 0' 199.
[ITY DF DELRRY BER[H
,DELRA Y BEACH
- , l 0 . IDA
tze.d 100 N.W. 1st AVENUE, DELRAY BEACH, FLORIDA 33444. 407/243-7000
Ail-AmerIca City
, III I! MEMORANDUM
Robert A. Barclnksi, Assist~anager
TO:
1993
FROM: Lee R. Graham, Risk Manager
DATE: November 30, 1994
SUBJECT: Revision of the City/FPL Banner Display Contract
As a response to your request and the changes to the proposed agreement
with FP&L, I suggest the following:
VI. Insurance
a. (As written currently)
1) (As written currently)
2) General Liability Self-Insurance, including Broad Form
Contractual Liability Coverage, with Statutory Limits
of $100,000 each person/$200,OOO each occurrence
Combined Single Limit of Bodily Injury and Property
Damage as required by Florida statute 768.28. It is
agreed that the City's Self-Insurance Program will
assume primary liability for defense and payment of
claims arising out of the City's negligence in the use
of the FPL utility poles in the banner attachment
displays, subject to the aforementioned limits and in
keeping with Florida Laws. A Certificate of
Self-Insurance is to be provided by the City to FPL.
Please present this proposed contract language to the City Attorney for
review and any revisions which may be deemed proper.
LRG/rc
Attachment
cc: Susan A. Ruby, City Attorney
Joseph M. Safford, Finance Director
@ Printed on Recyr:/ed Paper THE EFFORT ALWAYS MATTERS
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[ITY DF DElRAY BEA[H
DElRA Y BEACH
f l 0 . I D A
tIa:d 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243.7000
;Iiir
November 27, 1994
1993 !
A. G. Russillo. Jr., Account Manager
Florida Power and Light Company
P. O. Box 2409
Delray Beach, Florida 33447-2409
Re: Temporary Hanging Banners/Downtown
Dear Rusty:
Sometime ago we discussed the possibility of temporarily hanging the 30" x 80" banners
for the Downtown area on Florida Power and Light poles on N.E. 5th and S.E, 6th Avenue,
It is our intent to install our own poles on these streets, We are in the process of obtaining
D,O,T. permits for the project.
I have enclosed a draft agreement with Florida Power and Light similar to the agreement
you have with Boca Raton, Please review the draft and let me know if we need any
changes. If you concur, it would be my intent to try to get City Commission approval of
the agreement at the December 12. 1994, City Commission meeting. By copy of this
detter, I am requesting our City Attorney to also review the draft. If you have any
questions, please call me at 243-7011. Thank you for your help.
Sincerely,
.-;?.~/;.~~~
ROBERT A. BARCINSKI
Assistant City Manager
RAB:kwg
cc: Richard Corwin
"Susan Ruby
Marjorie Ferrer
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - APRIL 4, 1995 - 6:00 P.M,
PUBLIC HEARINGS - 7:00 P,M,
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
(L) EAST ATLANTIC AVENUE TRAFFIC MAINTENANCE PLAN: Approve the
Maintenance of Traffic Plan (M.O, T, ) required by the Florida
Department of Transportation, to be in effect throughout the
East Atlantic Avenue Beautification project.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # qL- - MEETING OF APRIL 4. 1995
EAST ATLANTIC AVENUE TRAFFIC MAINTENANCE PLAN
DATE: APRIL 3, 1995
This is before the Commission to approve the Maintenance of Traffic
Plan (M.O.T,) required by the Florida Department of Transportation,
to be in effect throughout the East Atlantic Avenue Beautification
project. It is expected that this detour plan would be in effect
for approximately 90 days, roughly from mid-July to mid-October.
Our first idea had been to use Miramar. If we did, however, DOT
would require a temporary traffic signal at Miramar and A-1-A at a
cost of $15,000 to $20,000, We are also concerned that Miramar
between Gleason and A-1-A is not really adequate to handle the
extra traffic. As a practical matter, people with local knowledge
of the streets will use Miramar as well as other streets, depending
upon their ultimate destination.
Recommend approval of the East Atlantic Avenue Traffic Maintenance
Plan as required by the Florida Department of Transportation.
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Agenda Item No.:
AGENDA REOUEST
Date: April 3. 1995
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: April 4. 1995
Description of item (who, what, where, how much): Department of Transportation
is reauirina that Citv Commission approve the maintenance of Traffic (M.O.T. )
Plan for the East Atlantic Avenue Beautification proiect. (See attached M.O.T.
sketch.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the proposed M.O.T. for East
Atlantic
Department Head Signature: ,v$~J2 i:JN~
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: 111.; ~t ~ l~-c~\ ~~ /~ ylfS;f
~/NO
Approved for agenda: ((fit tt~~i'~~(Y~f f~' .:.\-J;
Hold Until:
-ir' '\, {r ~'e '
,'~ ~v~ LV "\.
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
DBDH9368.KT (Pg.2)
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MBMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: DAN BEATTY, P.~
CITY ENGINEER
DATE: APRIL 3, 1995
SUBJECT: EAST ATLANTIC AVENUE
PROJECT NO. 93-68
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is an agenda request and sketch indicating the proposed
maintenance of traffic plan for the subject project. Please add
this item on the Commission Agenda for the April 4th meeting.
DB:kt
Attachment
File: 93-68 (D)
DBDH9368.kt
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LANGER WAY
GASUARINA ~ ... ROAD ~q
LOT X r \ r )/ SIGNALIZED
INTERSECTION
CITY of DELRAY BEACH EAST ATLANTIC AVE
~ ENVIRONMENTAL SERVICES DEPARTMENT ~ TRAFFIC MAINTENANCE PLAN
4.34. SOUTH SWINTON AVENUE, DELRAY BEACH, FLORIDA 334.4.4.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 10, A. - MEETING OF APRIL 4, 1995
REQUEST FOR WAIVER/150 MARINE WAY
DATE: MARCH 31, 1995
This is before the Commission to consider a request to waive the
provisions of Land Development Regulations Section 4,l,4(C) "Use
of Lots of Record" to allow construction of a single family
residence on a non-conforming lot of record, The vacant lot is
in the RM (Medium Density Residential) zoning district, Marina
Historic District. There is an historic house and guest cottage
on the next adjacent lot, and another vacant lot immediately to
the south. All three are owned by Stephen and Claudia Echols.
On May 18, 1994, the Historic Preservation Board approved a
Certificate of Appropriateness for a single family home to be
built on the subject lot. However, Section 4,l.4(C) of the LDRs
states that in residential zoning districts other than R-1-A, if
two or more adjoining lots of record are under the same ownership
they shall not be developed except in accordance with the minimum
frontage and area requirements of the district. Sixty foot
frontage is required, but only 50 feet is provided. The minimum
lot size required is 7,500 square feet; 7,150 square feet is
provided in this instance.
Given the size of the combined properties (greater than half an
acre) , the owner would be permitted to seek approval to demolish
the existing historic house and build up to six units on the
three lots, The proposed single family house is more consistent
with the historic neighborhood than a multi-family development
would be.
The Historic Preservation Board formally reviewed this item at
its meeting of March 15, 1995 and, based on positive findings to
Section 2.4.7(B) (5), voted 7-0 to recommend that the Commission
grant the waiver.
Recommend granting a waiver from LDR Section 4,l,4(C) for Lot 13
in order to allow a single family home to be constructed.
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L i I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~~EN' ~ITY MANAGER
THRU: D NE MI ~~
DIRECTOR OF PLANN G & ZONING
FROM: PAT -&&: ~ PRESERVATION PLANNER
SUBJECT: MEETING OF APRIL 4, 1995
REQUEST FOR WAIVER FROM SECTION 4.1.4(C), USE OF LOTS
OF RECORD, FOR PROPERTY LOCATED AT 150 MARINE WAY
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
granting approval of a waiver from the Land Development
Regulations, Section 4.1.4(C), Use of Lots of Record.
The proposal is to construct a single family residence on a
nonconforming lot of record which is under the same
ownership as the adjacent lot to the south. The subject
lot is Lot 13, Block 26, Delray, Florida, located at 150
Marine Way in the Medium Density Zoning District (RM) ,
Marina Historic District.
B A C K G R 0 U N D:
The subject property is a vacant lot which is in common
ownership with the adjacent lots to the south (see attached
survey). There is an historic house and guest cottage existing on
the next adjacent lot (Lot 14) , then another vacant lot
immediately to the south (Lot 15) . All three lots are owned by
Stephen and Claudia Echols.
On May 18, 1994, the Historic Preservation Board approved a COA
(Certificate of Appropriateness) for a single family home on the
subject lot. I twas understood at the time, and discussed at
that meeting, that an LDR amendment regarding adjoining
nonconforming lots was being considered which could ultimately
make the lot unbuildable, unless a variance or waiver was
approved. On October 18, 1994 the proposed amendment to LDR
Section 4.1.4, Use of Lots of Record was approved. Section
4.1.4 (C) states that in residential zoning districts other than
R-1-A, if two or more adjoining lots of record are under the
same ownership they shall not be developed except in accordance
with the minimum frontage and area requirements of the district.
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City Commission Documentation
Waiver from Section 4.1.4(C)
Meeting of April 4, 1995
Page 2
In February of this year a building permit application was
submitted for the single family home on Lot 13 (see attached
drawings) . The owners were advised that a waiver to Section
4.1.4 (C) is required.
A N A L Y S I S
The lot which is the subject of this waiver is substandard in
the following respects:
* A 60' frontage is required and only 50' is provided.
* The minimum lot size required is 7,500 s.L and 7,150 s.f.
is provided.
When the ordinance regarding nonconforming lots was adopted, an
exception was provided for properties zoned R-l-A. This
exception was considered to be appropriate in order not to
discourage the infill housing that is being promoted in many
R-1-A neighborhoods. It was also felt that the minimum
buildable lot frontage for nonconforming lots (50' ) is close
enough to the 60' R-1-A minimum so as not to result in a
drastically different development standard.
The subject property is zoned RM, and as a residential zoning
district, the nonconforming lot provision applies. However, the
Development Standards Matrix provides that single family homes
in the RL and RM districts are to be built in accordance with
the development standards of the R-1-A. Therefore, while the
subject lot is not located within an R-1-A zoning district, a
case could be made that the exception that is provided for
single family homes in R-1-A zones should also be applied to
single family homes that are being built in RL and RM zones.
Given the size of the combined properties (greater than half an
acre) , the owner could seek approval to demolish the existing
historic house and build up to 6 units on the three lots. It
should be noted that the lot size is characteristic of lots in
the Marina Historic District. The proposed single family house
is more consistent with the historic neighborhood than a
multi-family development would be. Additionally, while there
are apartment complexes in the immediate area, the mix of single
and multi-family dwelling units furthers the intent of the RM
Zoning District which is to accommodate a variety of housing
types.
Approval of the waiver will not create nonconformities with
respect to building setbacks on the adjacent lot. It is noted
that the attached survey indicates a rock driveway that extends
along the north side of Lot 14, all the way to the rear of the
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City Commission Documentation
Waiver from Section 4.1.4(C)
Meeting of April 4, 1995
Page 3
lot. Except for the front section leading to a trellised
parking space at the side of the house, that driveway no longer
exists. The rear portion has been converted to a heavily
landscaped patio area for the guest house. In April of 1994,
the Echols received a variance from the HPB to construct the
trellis to just wi thin the property line. There may still be
some encroachment of the remaining driveway onto the adjacent
property, but it is a gravel drive that can be easily
reduced in width if necessary.
The attached staff report for the Historic Preservation Board
meeting of March 15, 1995 includes additional analysis of the
request, and a discussion of the findings required to grant a
waiver.
HISTORIC PRESERVATION BOARD CONSIDERATION:
The Historic Preservation Board formally reviewed this item at
its meeting of March 15, 1995. Based on positive findings to
Section 2.4.7(B)(5) the Board voted 7-0 to recommend that the
City Commission grant the waiver.
R E COM MEN D E D ACT ION:
By motion, grant a waiver from LDR Section 4.1.4(C) for Lot 13,
a Subdivision of Block 126, in order to allow a single family
home to be constructed; pursuant to required findings as
outlined in LDR Section 2.4.7(B)(5), that granting the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of
public services;
(c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privilege in
that the same waiver would be granted under similar
circumstances on other property for another applicant
or owner.
Attachments:
* Location Map
* Survey of Lots 13, 14, and 15, Block 126
* Elevations of Proposed Single Family Home
* HPB Staff Report & Documentation, Meeting of March 15, 1995
T:ECHQLS.DQC
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STAFF REPORT
HISTORIC PRESERVATION BOARD MEETING
MARCH 15, 1995
AGENDA ITEM V-A
COA 8-226
Claudia & Stephen Echols
Lot 13, A Lot of Record
Vacant lot adjacent to the north property line of 160 Marine
Way, Medium Density Zoning District (RM), Marina Historic
District.
ITEM BEFORE THE BOARD
The action requested of the Board is that of recommending to the
City Commission that a waiver be granted from Section 4.1.4(C),
Use of Lots of Record, to allow construction of a single family
residence on a substandard lot which is under the same ownership
as the adjacent lot to the south.
BACKGROUND
The COA associated with this item was unanimously approved by the
HPB at its meeting of May 18, 1994. At the time of approval the
text amendment cited below was under consideration by the
Planning & Zoning Board. At that time it was thought that if
the amendment were adopted a variance would be required to allow
the house to be constructed. Subsequently, the City Attorney
has determined that this is not a variance item and that a
waiver from Section 4.1.4(C) must be granted by the City
Commission.
Section 4.1.4(C) reads as follows:
In residential zoning districts other than R-1-A, if two or
more adjoining lots (or combination of lots and portions of
lots) of record are under the same ownership at the time of
passage or amendment of this ordinance, and if the total
frontage and the total area is equal to or greater than
that which is required by the zoning district regulations,
said property shall not be developed except in accordance
with the minimum frontage and lot area requirements of the
district. Ownership shall be determined by the property
tax rolls on file in the Palm Beach County Property
Appraiser's Office as of the effective date of this
ordinance. (10/18/94)
For additional information and clarification please read the
attachments to this report.
.'
.,
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ANALYSIS
The property is located in the Medium Density Residential Zoning
District (RM), but as a single family residence it requires the
same development standards as R-1-A (Single Family Residential).
This lot is substandard for the following reasons:
A 60' frontage is required and only 50' is provided.
The minimum lot size required is 7,500 s.f. and 7,150 s.f.
is provided.
There is an historic house existing on the adjacent lot to the
south of the subject property which is also owned owned by Mr.
and Mrs Echols; thus there are adjacent lots under the same
ownership. It is not possible to create a minimum lot which
conforms to the Development Standards, by taking 10 feet of
frontage from the lot to the south, as the historic house is
only 10.5' from the north property line. If a waiver is not
granted from Section 4.1.4(C) Lot 13 to the north remains
unbuildable.
It should be noted that the lot size is characteristic of the
Marina Historic District. Also given the size of the combined
properties (greater than half an acre), the owner could seek
approval to demolish the existing historic house and build up to
6 units on the property. The HPB has approved extensive
restoration to the historic house and the owners intend to start
renovations simultaneously with the construction of the new
house. The proposed single family house is more consistent with
the historic neighborhood than a multi-family development would
be. Additionally, while there apartment complexes in the
immediate area, the mix of single and multi-family dwelling
units furthers the intent of the RM Zoning District which is to
accommodate a variety of housing types.
STAFF COMMENTS
Pursuant to Section 2.4.7(B)(5), in making a recommendation to
the City Commission it would be appropriate for the HPB to make
findings that granting the waiver:
(a) Shall not adversely affect the neighboring area.
This single family residence is appropriate to the Marina
Historic District and will benefit the immediate area.
(b) Shall not significantly diminish the provision of public
facilities.
The project does not affect or diminish public facilities.
.,
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(c) Shall not create an unsafe situation.
The development does not create an unsafe situation.
( d) Does not result in the grant of a special privilege in that
the same waiver would be granted under similar
circumstances on other property for another applicant or
owner.
Lots of Record in historic districts are consistently smaller
than those in other areas of the City. Similar circumstances
might occur in historic districts, where an historic structure
exists on an adjoining lot under the same ownership.
RECOMMENDED ACTION
Make findings pursuant to Section 2.4.7(B)(2) and recommend that
the City Commission grant a waiver from LDR Section 4.1.4(C) to
allow a single family residence to be constructed on a
substandard Lot of Record.
Attachments:
LDR Section 4.1.4, Use of Lots of Record
Memo.L:amlulIl 3t.aff Report. t.o P&Z, ~1ay 16 I 1994
Mp''1lnranaYIR to I1PB, May 18, 1994
Suruey of the proper-:ty
file/y:echols-1
"
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CITY OF DELRAY BEACH. FLORIDA
NOTICE OF PUBLIC HEARING
REOUEST FOR WAIVER OF CITY ORDINANCE
Pursuant to Section 30.15(A), "Waivers of City Ordinances",
NOTICE IS HEREBY GIVEN that a request has been received from
Claudia and Stephen Echols, as the fee simple owners of Lots 13.
14 and 15. a subdivision of Block 126, Delray Beach. Florida, for
a waiver to the provisions of Chapter Four, "Zoning Regulations".
Article 4. 1, "Establishment of Districts and Official Zoning
Map", Section 4.1.4. "Use of Lots of Record" . Subsection
4.1.4(C). of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida. The City
Commission will consider waiving the applicability of Section
4.1.4(C) to allow construction of a single family residence on a
substandard lot of record.
~tG on the afore~~ntioned waiver of the City's Code
o . rdinances will be held 0
IL..1!L... . in the City Commission C am ers a l.ty . ,M"f'S t
Avenue, Delray Beach. Florida.
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing. such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide nor
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
March 24, 1995 Alison MacGregor Harty
City Clerk
.
.'
M E M 0 RAN DUM
TO: ALISON MACGREGOR HARTY CITY CLERK
FROM: PLANNING DEPARTME~~nuij
RE: PREPARATION OF AD ERTISEMENT RELATING TO A WAIVER
REQUEST
DATE: MARCH 22, 1995
As discussed, the waiver request for the Echols property is
scheduled for the City Commission April 4, 1995, meeting.
Attached is the back-up staff report to the Historic
Preservation Board. Please prepare the advertisement for this
item.
Thanks.
Attachment
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STAFF REPORT
HISTORIC PRESERVATION BOARD MEETING
MARCH 15, 1995
AGENDA ITEM V-A
COA 8-226
Claudia & Stephen Echols
Lot 13, A Lot of Record
Vacant lot adjacent to the north property line of 160 Marine
Way, Medium Density Zoning District (RM) , Marina Historic
District.
ITEM BEFORE THE BOARD
f?/ The action requested of the Board is that of recommending to the
City Commission that a waiver be granted from Section 4.1.4(C),
Use of Lots of Record, to allow construction of a single family
y residence on a substandard lot which is under the same ownership
as the adjacent lot to the south.
BACKGROUND
.\ The COA associated with this item was unanimously approved by the
HPB at its meeting of May 18, 1994. At the time of approval the
text amendment cited below was under consideration by the
Planning & Zoning Board. At that time it was thought that if
the amendment were adopted a variance would be required to allow
the house to be constructed. Subsequently, the City Attorney
has determined that this is not a variance item and that a
waiver from Section 4.1.4(C) must be granted by the City
Commission.
Section 4.1.4(C) reads as follows:
In residential zoning districts other than R-1-A, if two or
more adjoining lots (or combination of lots and portions of
lots) of record are under the same ownership at the time of
pas/sage or amendment of this ordinance, and if the total
frontage and the total area is equal to or greater than
that which is required by the zoning district regulations,
said property shall not be developed except in accordance
with the minimum frontage and lot area requirements of the
district. Ownership shall be determined by the property
tax rolls on file in the Palm Beach County Property
Appraiser's Office as of the effective date of this
ordinance. (10/18/94)
For additional information and clarification please read the
attachments to this report.
.. -----. ------ ....---------------.-----.------'r"-:----r------. -'..,~. -
.'
ANALYSIS
The property is located in the Medium Density Residential Zoning
District (RM), but as a single family residence it requires the
same development standards as R-1-A (Single Family Residential).
This lot is substandard for the following reasons:
A 60' frontage is required and only 50' is provided.
The minimum lot size required is 7,500 s.f. and 7,150 s.f.
is provided.
There is an historic house existing on the adjacent lot to the
south of the subject property which is also owned owned by Mr.
and Mrs Echols; thus there are adjacent lots under the same
ownership. It is not possible to create a minimum lot which
conforms to the Development Standards, by taking 10 feet of
frontage from the lot to the south, as the historic house is
only 10.5' from the north property line. If a waiver is not
granted from Section 4.1.4(C) Lot 13 to the north remains
unbuildable.
It should be noted that the lot size is characteristic of the
Marina Historic District. Also given the size of the combined
properties (greater than hal f an acre), the owner could seek
approval to demolish the existing historic house and build up to
6 units on the property. The HPB has approved extensive
restoration to the historic house and the owners intend to start
renovations simultaneously with the construction of the new
house. The proposed single family house is more consistent with
the historic neighborhood than a multi-family development would
be. Additionally, while there apartment complexes in the
immediate area, the mix of single and multi-family dwelling
units furthers the intent of the RM Zoning District which is to
accommodate a variety of housing types.
STAFF COMMENTS
I
Pursuant to Section 2.4.7(B)(5), in making a recommendation to
the City Commission it would be appropriate for the HPB to make
findings that granting the waiver:
(a) Shall not adversely affect the neighboring area.
This single family residence is appropriate to the Marina
Historic District and will benefit the immediate area.
(b) Shall not significantly diminish the provision of public
facilities.
The project does not affect or diminish public facilities.
.,.+-..- -.. ...--;. .. ---.."j---- -_._+--_._.~-_.-._-,_._~- -
.,
(c) Shall not create an unsafe situation.
The development does not create an unsafe situation.
(d) Does not result in the grant of a special privilege in that
the same waiver would be granted under similar
circumstances on other property for another applicant or
owner.
Lots of Record in historic districts are consistently smaller
than those in other areas of the City. Similar circumstances
might occur in historic districts, where an historic structure
exists on an adjoining lot under the same ownership.
RECOMMENDED ACTION
W Make findings pursuant to Section 2.4.7(B)(2) and recommend that
the City Commission grant a waiver from LDR Section 4.1.4(C) to
allow a single family residence to be constructed on a
substandard Lot of Record.
Attachments:
LDR Section 4.1.4, Use of Lots of Record
Memorandum Staff Report to P&Z, May 16, 1994
Memorandum to HPB, May 18, 1994
Survey of the property
file/y:echols-1
I
. --- ----..-.- ,._-~. --_-.... ....._~_._._.__..._, ~ .. --~--,-,- ~,---_. --- '11'" ~.~_.-..;,..,.._.._- ------.
.,
Section 4.1.2 ( I)
( I ) Where any street, alley, or wa ter\o.ay is officially : )
abandoned or vacated, the regulations applicable to each parcel
of abutting property shall apply to that portion of such street,
alley, or waterway added thereto by virtue of such abandorunent or
vacation.
Section 4.1.4 Use of Lots of Record: Any lot, or parcel, of
record which qualifies as a lot of record as set forth in these
Regulations, but which does not comply with respect to minimum
lot area and minimum lot dimensions specified for the zoning
district in which it is located, may nevertheless be used (for
purposes as allowed in that zoning district), as long as it
complies with all other requirements of that zoning district,
subject to the following limitations: (Amd. Orct. 78-94
10/18/94]
( A) Duplex and multiple family structures may not be
constructed on a lot which has an area less than that provided
for as the minimum lot area within the zoning district. [Amd.
Ord. 78-94 10/18/94]
(B) A residential structure shall not be constructed on any
lot, within a residential zoning district, which has frontage of
less than fifty feet (50'). However, neither this provision, nor . '.
, )
any other provision of these regulations, shall prevent ,,'
construction of a residential structure on a Single Family Lot
(or Parcel) of Record which conforms with all other aspects of
minimum lot size requirements but which has no frontage.
Further, such a Lot of Record with no suitable access may achieve
private access for a single family residence and similar uses by
means of a nonpublic (private) access easement. [1\rnd. Ord. 78-94
10/18/94]
(C) In residential zoning districts other than R-I-A, if
two ( 2 ) or more adjoining lots (or combination of lots and
portions of lots) of record are under the same ownership at the
time of passage or amendment of this ordinance, and if the total
frontage and the total area is equal to or greater than that
which is required by the zoning district regulations, said
property shall not be developed except in accordance with the
minimum frontage and lot area requirements of. the district.
Ownership shall be determined by the property tax rolls on file
in the Palm Beach County Property Appraiser's Office as of the
effectiv~ date of this ordinance. [Amd. Ord. 78-94 10/18/94]
--- ,
( )
-.-"'
4104
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MAY 16, 1994
AGENDA ITEM: V.D. LOR AMENDMENT TO SECTION 4.1.4, USES OF
LOTS OF RECORD
ITEM BEFORE THE BOARD:
The item before the Board is that of reconunending to t~e
City Conunission approval of an amendment to the LDRs
concerning the use of nonconforming lots of record.
BACKGROUND:
This LOR amendment was initiated by the Board at its meeting of
March 16, 1994, in response to concerns raised by residents of
the Lake Ida neighborhood. Building permits were issued for the
construction of three homes on platted lots which do not meet
current minimum standards for frontage and lot area. As a
result, the homes are not consistent with the gener~l character
of the neighborhood.
LOR section 4.1.4, Use of Lots of Record, allows for the use of
lots of record which do not meet current minimums, subject to
certain criteria. A home may be constructed on a substandard
platted lot, provided that it has at least 50 feet of frontage.
There is no requirement that adjacent lots that are in common
ownership be combined in order to meet the minimum standards.
The lots in the Lake Ida neighborhood are owned by the same
person. If the City had regulations which required that the
lots be developed in a manner which complies with current codes,
only one house could have been built on the combined properties.
Alternatively, the owner could have applied for a replat of the
property to create two lots, one of which would not meet minimum
frontage' requirements for a corner lot (creation of the
nonconforming lot would have required special permission by the
City Commission) . Instead, three homes are being constructed.
Reg\11at.:or:.s which require the combining of commonly o.,:".ed
substa~dard lots are not uncom;non. The cities of Boynton Bea::::,
Stuart, anc Highland Beach have such provisions in their coc:-::s.
Staff re'..,' ie.....ed those ordinances prior to drafting one w:-..:.::h
1,0.,.0 L: Ij fit ~ithin our existing regulations.
;..tiA~ YS::: 5 :
-:'he proposed amendment (copy attached) would continue to aj,':'-:::;w
for the use of substandard lots of record as currently
permitted, provided that the lots are in single ownership.
V.D.
- ---........-- ,-".--.-...--. -----. - --..---~--._-------;--._.- u __._..___.__ .
.,
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?lan:1ing and Zoning Board Staff Report
LOR Amendment Re: Nonconforming Lots of Record
Page 2
However, when substandard adjacent lots are under common
ownership, and the combining of the lots results in a parcel
which meets minimum frontage and minimum area requirements, then
those lots must be developed in accordance with those minimums.
Ownership would be that which is on, record at the date that the
ordinance is passed.
The R-l-A zoning district has been specifically excluded from
this ordinance. The 60' minimum frontage required in the R-I-A
district is not significantly greater than the 50' minimum
required for development on substandard platted lots. Also, if
the restriction were to apply to R-I-A zoning, infill housing
opportunities would be reduced.
RECOMMENDED ACTION:
By motion, recommend to the City Commission approval of the
attached amendment to LOR Section 4.1.4, Use of Lots of Record.
Attachments:
* Proposed ordinance
Report prepared by Diane Dominguez
TIPZN'CLOT.OOC
., .
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.
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Section 4.1.4 Use of Lots of Record: Any lot, or parcel, of
record which qualifies as a lot of record as set forth in these
regulations, but which does not comply wi th respect to minimum
lot area and minimum lot dimensions specified for the zoning
district in which it is located, may nevertheless be used (for
purposes as allowed in that zoning district), as long as it
complies with all other requirements tlSt of that zoning
district, wItH tK~ tf5llf5wlJhJ ",(~~ptlf5,hf , subject to the
followinq limitations:
(A) Duplex and multiple fa:nily structures may not be
constructed on a lot which has an area rDt less than that
provided for as the minimum lot area within the zoning district.
(B) A residential structure shall not be constructed on
any lot, within a residential zoning district", which has "-
frontage of less than fifty feet (50').
ill HiSwe1et/ neItl'iet UHtf ptr/J1l~lrtJri' nr/Jt arit IStK~t
ptiSiLtfLrtJn iSt tKese te~~ZatL~ri!1 tfXaZZ pteierit tr/JriittlittLr/Jri r/Jt a
A residential structure may be constructed on a Single Family
Lot (or Parcel) of Record which conforms with all other aspects
of minimum lot size requirements but which has no frontage.
Further, such a Lot of Record with no suitable access may
achieve private access for a single family residence and similar
uses by means of a nonpublic (private) access easement.
(D) Except in the R-l-^ zoninq district, if two ( 2 ) or
more adjoininq lots (or combination of lots and portions of
lots) of record are under the same ownership at the time of
passage or amendment of this ordinance, and if the total
frontaqe and the total area is equal to or qreater than that
which is required by the zoning district requlations, said
property shall not be developed except in accordance with the
mininum frontaqe and lot area requirements of the district.
Ownership shall be determined by the property tax rolls on file
in the Palm Beach County Property Appraiser's Office as of the
effective date of this ordinance.
T.NCLOTS.DOC
..
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,
., (
(
MEMORANDUM
TO: HISTORIC PRESERVATION BOARD MEMBERS, FOR THE MEETING OF
MAY 18, 19~
FROM: PAT CAYCE~TORIC PRESERVATION PLANNER
SUBJECT: PROPOSED TEXT AMENDMENT TO LDR SECTION 4.1.4, USES OF
LOTS OF RECORD
Please read the attached staff report to the Planning & Zoning
Board. Basically it states that, with the exception of the R-1-A
zoning district, all adjoining lots of record which are under the
same ownership shall not be developed if the total frontage and
total lot area do not meet the requirements of the zoning
district in which they are located. This text amendment will go
before the P & Z Board on May 16, 1994 for recommendation to the
City Commission.
If the text amendment is recommended by P & Z and approved by
the City Commission it will have the effect of requiring
variances to be granted by the HPB from Section 4.3.4 to allow
the approval of COAls 8-226 and 8-227. Without a variance both ..,
of these applications would be void by the fact that the
adjoining lots are under the same ownership and do not meet the
minimum development standards. Therefore, staff has added a
condition of approval to these COAls that variances must be
granted by the HPB before building permits can be issued.
Additionally, if the text amendment is approved, all future
development of adjoining lots of record under the same ownership
which do not meet the minimum of Section 4.3.4 and are located
within historic districts, with the exception of the R-1-A
zoning district, will require variances before a COA can be
approved. This is the same procedure that is currently employed
by the HPB; the public hearing is conducted and. if the variance
is granted the COA review follows at the same meeting so that
the two hearings are concurrent.
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! CllY OF DELIlAY lEACH
AlilOll MIcG_ HIfIl'
, CIty Clerk
PUILISH: loAardl M. 1995
THE NEWS
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ IfPe,L L{ ,Cf95
SUBJECT: AGENDA ITEM fi: 10.8. - MEETING OF MARCIl 211. 199::;
FIRST READING FOR ORDINANCE NO. 20-95/HOME OCCUPATIONS
AS AN ACCESSORY USE WITHIN ALL SINGLE FAMILY ZONING
DISTRICTS
DATE: MARCH 30, 1995
This is first reading for Ordinance No. 20-95 which amends
Section 4.4.3(C)(2) of the Land Development Regulations to allow
home occupations as a permitted accessory use within off all of
the R-1 (Single Family) zoning districts.
As currently written, the regulations for single family zoning
categories allow home occupations as an accessory use only within
the R-1-A, R-1-AA and R-l-AAB districts. They are not permitted
in R-1-AB, R-1-AAA or R-1-AAAB. A number of requests have been
received to establish home occupations in these zones. Thus far.
they have been denied given the existing code restriction. It is
not unreasonable to expect that we will be receiving more
requests given the trend toward more work-at-home occupations.
Staff has researched this matter and there does not appear to be
a valid basis for the restriction.
The Planning and Zoning Board formally reviewed this ordinance on
March 20, 1995, and voted unanimously to recommend that it be
approved. Inasmuch as the proposed amendment represents a change
to the permitted use category of single family zoning districts
exceeding five percent of the City's land area, Florida Statutes
Section 166.041(3)(6) requires two advertised public hearings on
the proposed ordinance.
Recommend approval of Ordinance No. 20-95 on first reading. If
passed, the second of two required public hearings will be held
on April 18, 1995.
S~~
p~~
ref:agmemo10
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, , -
ORDINANCE NO. 20-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.3,
· SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS",
SUBSECTION 4.4.3 (C)., "ACCESSORY USES AND STRUCTURES
PERMITTED., OF THE LAND -- DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAYBEACH, FLORIDA, BY AMENDING
SUBPARAGRAPH 4 . 4.3 (C)(2 )TO ALLOW HOME OCCUPATIONS AS
AN ACCESSORY USE WITHIN ALL SINGLE FAMILY ZONING
DISTRICTS; PROVIDING -- A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant -- to LOR Section 1. 1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of March 20,
1995, and has forwarded the change w~th a recommendation of approval
by unanimous vote; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and pOlicies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, -Zoning Regulations",Article
4.4, -Base Zoning District-, Section 4.4.3, .Single Family Residential
(R-1) Districts", Subsection 4.4.3(C), -Accessory Uses and Structures
permi tted .., __ subparagraph 4.4 . 3 (C) (2) , of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
( 2 ) Home oc cupa tions ";J1J.t. 1 ~_1.y I"f.t.~f.,(j"t~; Iv..-I 1. -I,.,
v..-I1.-IU, 1 I;._~ 1 1v..-I1.-IU~ IlfJf._t.tf.,Ptj subject to the
restrictions set forth in Section 4.3.3(Kl.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
. declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the 'remainder hereof as a
whole or part thereof other than the part declared to be invalid.
--~--"-'"'--'- ---=-~.~" I ~------ -- . --,'-_. -,- -- - _'.,~::_~-=-..~--~~--~-_.-";'--';"';"--. _.-.- 1-- --, . "--- ~
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.-.'
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of ,1995.
MAYOR
ATTEST:
City Clerk
First Reading ,
Second Reading
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- 2 - Ord. No. 20-95
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
ZONING
FROM: Y A. COSTELLO
;
R PLANNER
SUBJECT: MEETING OF APRIL 4, 1995
CONSIDERATION OF AN LDR TEXT AMENDMENT TO SECTION
4.4.3(C)(2) TO ALLOW HOME OCCUPATIONS AS AN ACCESSORY
USE WITHIN ALL SINGLE FAMILY (R-l) ZONING DISTRICTS.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of Ordinance No. 20-95
amending Section 4.4.3(C)(2) of the LDRs to allow Home
Occupations as an accessory use in all Single Family
Residential (R-1) zoning districts.
BACKGROUND:
The proposed amendment relates to the provision within the LDRs
which allows home occupations as an accessory use within
specific single family districts. Pursuant to LDR Section
4.4.3(C)(2), wi thin the Single Family Residential (R-1) zoning
districts, home occupations are allowed but only within the
R-1-A, R-1-AA, and R-1-AAB districts. Thus, home occupations
are not allowed within the remaining single family R-I-AB,
R-1-AAA, and R-1-AAAB zoning districts.
Home occupations have been a permitted accessory use in the City
since 1959. They are subject to a number of restrictions as set
forth in LDR Section 4.3.3(K), as well as regulations regarding
the parking of commercial vehicles (LDR Section 4.6.13). The
ordinance has functioned well, and there have been few incidents
of non-compliance.
There have been a number of requests to establish home
occupations in the remaining R-1 zoning districts, however,
based upon the current code requirement, those requests have
been denied. City records have been researched and there does
not appear to be a valid basis for the restriction.
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City Commission Documentation
Meeting of April 4, 1995
LDR Text Amendment Re: Home Occupations (Ordinance No. 20-95)
Page 2
PROPOSED LDR TEXT AMENDMENT:
The proposed amendment will allow home occupations to be
established as an accessory use within all single family
residential (R-l) zone districts. As adequate restrictions are
in place which regulate home occupations, there are no adverse
impacts anticipated with expanding home occupations as an
accessory use to all single family residential districts.
Given the trend toward more work-at-home occupations, it makes
sense to expand those opportunities for people who are able to
work from their homes.
Additional background and analysis of the amendment is described
in the attached Planning and Zoning Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of March 20, 1995. The Board voted 7-0 to recommend
approval of the amendment.
RECOMMENDED ACTION:
By motion, approve on first reading of Ordinance No. 20-95
amending LDR Section 4.4.3(C)(2) to allow Home Occupations as an
accessory use within the Single Family Residential (R-1) zoning
districts.
Attachments:
* P&Z Staff Report and Documentation of March 20, 1995
* Proposed Ordinance No. 20-95
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: MARCH 20, 1995
AGENDA ITEM: V.C - AMENDMENT TO LDR SECTION 4.4.3(C)
(SINGLE " FAMILY RESIDENTIAL (R-1) DISTRICTS],
TO ALLOW HOME OCCUPATIONS AS AN ACCESSORY
USE WITHIN ALL SINGLE FAMILY RESIDENTIAL
ZONING DISTRICTS.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding an LDR text
amendment to Section 4.4.3 (C) , Sinqle Family Residential
(R-1) Zoning District, Accessory Uses and Structures
Permitted, which would allow home occupations as an
accessory use within all single family residential
districts.
Pursuant to Section 1.1.6, an amendment to the text of the
Land Development Regulations not be made until ' '
may a
recommendation is obtained from the Planning and Zoning
Board.
BACKGROUND:
The proposed amendment relates to the provision within the LDRs
which allows home occupations as an accessory use within
specific single family districts. Pursuant to LDR Section
4.4.3(C}(2), wi thin the Single Family Residential (R-1) zoning
districts, home occupations are allowed but only within the
R-!-A, R-1-AA, and R-1-AAB districts. Thus, home occupations
are not allowed within the remaining single family R-1-AB,
R-1-AAA, and R-1-AAAB zoning districts.
In addition, home occupations are allowed as an accessory use in
the following zone districts:
* A (Agricultural)
* RR (Rural Residential)
* RL (Low Density Residential)
* RM (Medium Density Residential)
* PRD (Planned Residential District)
* RO (Residential Office District)
* OSSHAD (Old School Square Historic Arts District)
There have been a number of requests to establish home
occupations in the remaining R-1 zoning districts, however,
based upon the current code requirement, those requests have
been denied. City records have been researched and there does
not appear to be a valid basis for the restriction.
V.C.
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P & Z Board Memorandum Staff Report
LOR Text Amendment - Home Occupations in all R-l zone districts
Page 2
ANALYSIS:
The proposed amendment will allow home occupations within all
single family residential (R-l) zone districts. It is noted
that home occupations are limited to the restrictions set forth
in LDR Section 4.3.3{K). These restrictions mostly relate to
maximum floor area of the use, equipment storage, traffic, '
signage, and appearance (copy attached) . Further, within the
residential districts, parking of any commercial vehicle either
associated with a home occupation, or not, is governed by
Section 4.6.13 (Parking and Storage of Commercial Vehicles,
Boats, Trucks,. and Similar Vehicles) (copy attached) . As the
above restrictions are in place which regulate home occupations,
there are no adverse impacts anticipated with expanding home
occupations as an accessory use to all single family residential
districts.
RECOMMENDED ACTION:
By motion, recommend to the City Commission that LOR Section
4.4.3{C)(2) be amended to state the following:
* Home occupations subject to the restrictions set forth : in
Section 4.3.3(K).
Attachments:
* Proposed Ordinance
* Home Occupations Ordinance [Section 4.3.3(K)]
* Regulations Regarding parking and Storage of Commercial
Vehicles [Section 4.6.13]
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Section 4.4.3 Single Family Residential (R-l) District:
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when part of, or accessory to, the
principal use:
(1) Uses and structures normally associated with
residences such as: bird aviaries, boat docks, dog
houses and dog runs, garages, greenhouses, guest
cottages, playhouses, pool houses and covers, pump
houses, slat houses, storage sheds, tennis courts,
swimming pools, and workshops.
(2) Home occupations ~1tit, ;rlllt wLtHIri tHe Rflf1..' Rflfn,
ari~ RflfA1..B 0L~ttLtt~' subiect to the restrictions set
forth in Section 4.3.3(K).
(3) Family Day Care pursuant to restrictions set forth in
Section 4.3.3{T) (Child care, up to five children).
(4) Home Tutorial Services subject to the restrictions ~~t
forth in Section 4.3.3(KK).
(5) Recreational facilities attendant to a subdivision
which is operated under a bona fide homeowners
association such. as: tennis courts, swimming pools,
exercise area, clubhouse, and golf courses.
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Section 4.3.3(K) Home Occupations: A home occupation is one
conducted in a dwelling unit under the following restrictions:
(a) No person other than members of the family
residing on the premises shall be engaged in
such occupation.
(b) The use of the dwelling unit for the home
occupation shall be clearly incidental and
subordinate to its use for residential
purposes by its occupants, and shall under no
circumstances change the residential
character thereof.
(c) There shall be no change in the outside
appearance of the building or premises, or
other visible evidence of the conduct of such
home occupation.
(d) In the single-family zoning districts, no
sign or display shall be visible other than
an unlighted nameplate not exceeding one
square foot in area, which would indicate
from the exterior that the building is being
partially used for any purpose other than a
dwelling. In the multiple family zoning
districts, no sign of any type shall be
allowed.
(e) No home occupation shall be conducted in any
accessory building.
(f) No home occupation shall occupy more than 20%
of the first floor area of the residence,
exclusive of the area of any open porch or
attached garage or similar space not suited
or intended for occupancy as living quarters.
(g) No traffic shall be generated by such home
occupation in greater volumes than would
normally be expected in a residential
neighborhood, and any need for parking
generated by the conduct of such home
occupation shall be met off the street and
other than in the required front setback.
(h) No equipment or process shall be used in such
home occupation which creates fumes, glare,
noise, odors, vibration, or electrical
interference detectable to the normal senses
off the lot. In the case of electrical
interference, no equipment or process shall
be used which creates visual or audible
interference in any radio or television
receivers off the premises.
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(i) The following shall not be considered home
occupations: antique or gift shops, musical
instruments or dance instructor, barbershops,
beauty shops, food processing,
fortune-telling or similar activity, massage
parlors, medical or dental laboratories,
outdoor repair, photographic studio, retail
sales, studio for group instruction, swimming
instructor, and tearooms. The giving of
group instruction of any type shall not be
deemed a home occupation.
(j) The giving of individual instruction to one
person at a time such as an art or piano
teacher, shall be deemed a home occupation,
provided however, that the provisions of
division (i) above shall apply, as to
prohibiting individual uses.
(k) Fabrication of articles such as are commonly
classified under the terms of arts and
handicrafts may be deemed a home occupation,
subject to the other terms of this division,
and providing no retail sales are made at the
home.
(1) A home' occupation shall be subject to all
applicable city occupational licenses and
other business taxes.
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Section 4.6.13 Parking and Storage of Commercial Vehicles,
Boats, Trucks, and Similar Vehicles:
(A) Prohibitions and Restrictions in Residential Districts:
(1) It shall be unlawful for any agent, operator,
owner, or person in charge of a~y bus, pole trailer,
semi-trailer, trailer, trailer coach, truck, truck trailer, or
industrial equipment, to park, store, or keep such motor vehicle
on any public street, avenue, alley, or other thoroughfare, or
any right-of-way within any residential zoning district in the
city, for a period exceeding one hour in any 24-hour period.
Each such period shall commence at the time of first stopping or
parking, unless a permit is first obtained from the Police
Department.
(2) Unless otherwise provided for, it shall be
unlawful for the owner, agent, or operator of the motor vehicles
and industrial equipment set forth herein, or the owner of
property in any residential zoning district in the city, to park
on, or cause to be parked on, or allow to be parked on any
residential property in the city, or in the streets, alleys, p~
parkways abutting the property, any bus, pole trailer,
semi-trailer, trailer, trailer coach, truck, truck trailer, or
industrial equipment, for a period exceeding one hour in any
24-hour period. Each such period shall commence at the time of
first stopping or parking; unless a permit is first obtained
from the Police Department, or as otherwise provided for in new
references.
(3) The restrictions of divisions (1) and (2) above
shall not apply to the temporary parking of such vehicles on
private property in residential zoning districts, whereon
construction is underway. A current and valid building permit
issued by the city must be properly displayed on the premises.
(4) The restrictions of divisions (1) and (2) above of
one hour in residential zoning districts shall not apply to
routine deliveries by tradesmen, or the use of trucks in making
service calls, providing such time in excess of one hour is
actually in the course of business deliveries or servicing.
(5) The restrictions of divisions (1) and (2) above
shall not apply to vehicles which become disabled, and as a
resul t of such emergency are required to be parked wi thin a
residential zoning district longer than one hour. Any disabled
vehicle, however, shall be removed from the residential zoning
district within 24 hours, by a wrecker if necessary, regardless
of the nature of the emergency.
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(B) Permissible Parking:
(1) Trucks: Restrictions on truck parking shall be
applicable in all residential zoning districts and shall permit
only panel, pickup, van, and similar type trucks, not over 3/4
ton rated capacity. In all R-1A zoning districts, the
restrictions shall apply to trucks of one and one-half (1-1/2)
ton, or greater, capacity. In all residential zoning districts,
no more than two (2) trucks may be parked on a lot improved with
a residence. Such vehicle must be used by a resident of the
premises. For purposes of this section, a lot includes the
property on which the residence is located and any adjacent lot
which is under the control of the owner or lessee of the
residence. Parking on vacant lots is otherwise prohibited.
(2) One boat, one boat trailer, and one recreational
vehicle may be parked in a garage or carport which is effectively
screened on three sides, provided no portion of the boat, boat
-
trailer, or recreational vehicle extends beyond the roof line.
(3) One boat, one boat trailer, and one recreational
vehicle may be parked in the side or rear yard provided the P~Qt
is occupied by a permitted structure. Such boat, boat trailer,
or recreational vehicle shall be effectively screened against
direct view from abutting properties in the following manner:
by a masonry wall, ornamental fence, or dense hedge, six feet
high or equal to the height of the vehicle if the vehicle is
less than six feet high. If a hedge is used as the method of
screening, the hedge should be three feet at the time of
planting and should be of a variety which can reasonably be
expected to reach the required height within two years. This
regulation is not to be construed as requiring screening from
direct view from the street in front of the plot.
(4) Such boat, boat trailer, or recreational vehicle
must be owned and used by a resident of the premises.
(5) No boat or recreational vehicle which is parked in
a residential district shall be occupied or used for living,
sleeping, or housekeeping purposes, nor shall it be connected to
any utility service.
(6) A boat, boat trailer, or recreational vehicle may
be parked only if it is currently registered as required by state
or federal law, and if the transportation of the vehicle is in
compliance with F.S. Chapter 317.
(7 ) One boat, one boat trailer, or one recreational
vehicle may be parked in the front driveway for a 24-hour period
for the purpose of loading or unloading.
(8 ) No boat, boat trailer, or recreational vehicle
shall be parked in the area between the street and the structure.
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER c;1
SUBJECT: AGENDA ITEM i 10. C . - MEETING OF APRIL 4. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 18-95
(PENALTY REVISIONS)
DATE: MARCH 30, 1995
This is the second reading and public hearing for Ordinance No.
18-95 which amends all penal ties in the City Code to bring them
into compliance with F.S. Section 162.22 which authorizes fines of
up to $500.00 and/or imprisonment for a term not to exceed sixty
(60) days.
At first reading on March 21, 1995, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 18-95 on second and final
reading.
PM~ 5-0
ref:agmemo18
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ORDINANCE NO, 18-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH,
FLORIDA AMENDING CHAPTER 10, "GENERAL PROVISIONS", SECTION 10,99,
"GENERAL PENALTY"; CHAPTER 52, "WATER", SUBSECTION 52,99(A); CHAPTER 54,
"SEWERS", SECTION 54,99; CHAPTER 90, "ABANDONED PROPERTY; JUNKYARDS",
SECTION 90,99; CHAPTER 91, "ANIMALS", SECTION 91.99; CHAPTER 92, "BOATS AND
BOATING", SECTION 92,99; CHAPTER 95, "EMERGENCY MANAGEMENT", SECTION
95,99; CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", SECTION %,99;
CHAPTER 97, "HEALTH AND SAFETY", SECTION 97,99; CHAPTER 98, "LITfER",
SECTION 98,99; CHAPTER 99, "NOISE CONTROL", SUBSECTION 99,99(A) ; CHAPTER
100, "NUISANCES", SECTION 100.99; CHAPTER 101, "PARKS, BEACHES AND
RECREATION", SECTION 101.99; CHAPTER 102, "STREETS AND SIDEWALKS",
SECTION 102,99; CHAPTER 110, "OCCUPATIONAL LICENSE GENERALLY", SECTION
110.99; CHAPTER 111, "ADVERTISING", SECTION 111.99; CHAPTER 112, "ALARM
SYSTEMS", SECTION 112,99; CHAPTER 113, "ALCOHOLIC BEVERAGES", SECTION
113.99; CHAPTER 115, "AUCTIONS AND AUCTIONEERS", SECTION 115.99; CHAPTER
118. "SOLICITORS AND PEDDLERS", SUBSECTION 118,99(A); CHAPTER 119.
"VEHICLES FOR HIRE". SECTION 119,99; CHAPTER 130, "GENERAL PROVISIONS".
SECTION 130,99; CHAPTER 150. "DOCKS, DOLPHINS. FINGER PIERS. AND BOAT
LIFTS", SUBSECTION 150,99(A); LAND DEVELOPMENT REGULATION SUBSECTION
1.4.4(A). KNOWN COLLECTIVELY AS PENALTY PROVISIONS, TO PROVIDE A
PENALTY IN CONFORMANCE WITH FLORIDA LAW; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE,
WHEREAS, Chapter 94-255 of the Laws of Florida, effective July 1, 1994 provides that a
City may designate the enforcement methods and penalties to be imposed for violation of
ordinances adopted by a municipality which shall include, but not be limited to, the issuance of a
citation, a summons, or a notice to appear in county court, or arrest for violation of municipal
ordinances as provided for in Chapter 901, Florida Statutes; and
WHEREAS, Chapter 94-255 of the Laws of Florida provides that, unless otherwise
specifically authorized and provided for by law, a person convicted of violating a municipal
ordinance may be sentenced to pay a fine, not to exceed five hundred dollars ($500,00), and may
be sentenced to a definite term of imprisonment not to exceed sixty (60) days; and
WHEREAS, the above referenced Chapters and Sections of the Code of Ordinances of the
City of Delray Beach sets forth a five hundred dollar ($500,00) fine and/or imprisonment for a
term not exceeding ninety (90) days; and
WHEREAS, the City Commission of the City of Delray Beach desires to conform its
ordinances to Chapter 94-255 of the Laws of Florida,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
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Section 1. That Chapter 10, "General Provisions", Section 10,99, "General Penalty", of
the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
10,99 as follows:
(A) Whenever in this code or in any ordinance of the city any act is prohibited or is
made or declared to be unlawful or an offense, or whenever in this code or any ordinance the
doing of any act is required or the failure to do any act is declared to be unlawful, where no
specific penalty is provided therefore, the violation of any provision of this code or any ordinance
shall be punished by a fine not exceeding $500 or imprisonment for a term not exceeding sixty
(60) maety (90) days, or by both a fine and imprisonment. Each day a violation of any provision
of this code or of any ordinance shall continue shall constitute a separate offense,
(B) The City adopts all enforcement methods provided by law which include. but are
not limited to. the issuance of a citation. summons. Notice to Appear in County Court. or arrest
for violation of municipal ordinances. as provided for in Chapter 901. Florida Statutes,
fBj
{g In addition to the penalties hereinabove provided, any condition caused or
permitted to exist in violation of any of the provisions of this code or any ordinance shall be
deemed a public nuisance and may be, by the city, abated as provided by law, Each day that a
condition continues shall be regarded as a new and separate offense,
('80 Code, Sec. 1-6)
Section 2 , That Chapter 52, "Water", Section 52,99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by amending Subsection 52,99(A) as
follows:
(A) Any person, finn, or corporation who violates any provision of this chapter for
which another penalty is not specifically provided shall, upon conviction, be subject to a. fine not
exceeding $500 or imprisonment for a term not exceeding sixty (60) ninety (90) days, or both.
Each day any violation shall continue to exist shall constitute a separate offense,
Section 3, That Chapter 54, "Sewers", Section 54,99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 54.99, and by
enacting a new Section 54,99 to read as follows:
Section 54.99 Penalty,
See Section 10,99, "General Penalty",
Section 4, That Chapter 90, "Abandoned Property; Junkyards", Section 90,99,
"Penalty", of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing
Section 90.99, and by enacting a new Section 90,99 to read as follows:
Section 90,99 Penalty.
2 Ord. No. 18-95
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See Section 10.99, "General Penalty",
Section 5, That Chapter 91, "Animals", Section 91.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 91,99, and by
enacting a new Section 91.99 to read as follows:
Section 91.99 Penalty,
See Section 10,99, "General Penalty",
Section 6, That Chapter 92, "Boats and Boating", Section 92,99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 92.99,
and by enacting a new Section 92,99 to read as follows:
Section 92.99 Penalty,
See Section 10,99, "General Penalty".
Section 7, That Chapter 95, "Emergency Management", Section 95,99, "Penalty", of
the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section
95,99, and by enacting a new Section 95.99 to read as follows:
Section 95.99 Penalty.
See Section 10,99, "General Penalty",
Section 8, That Chapter 96, "Fire Safety and Emergency Services", Section 96,99,
"Penalty", of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing
Section 96.99, and be enacting a new Section 96,99 to read as follows:
Section 96.99 Penalty.
See Section 10.99, "General Penalty",
Section 9, That Chapter 97, "Health and Safety", Section 97,99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 97,99,
and by enacting a new Section 97,99 to read as follows:
Section 97.99 Penalty.
See Section 10,99, "General Penalty".
3 Ord. No. 18-95
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Section 10, That Chapter 98, "Litter", Section 98,99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 98,99, and by
enacting a new Section 98,99 to read as follows:
Section 98,99 Penalty.
See Section 10,99, "General Penalty".
Section 11, That Chapter 99, "Noise Control", Section 99,99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by amending Subsection 99,99(A) as
follows:
(A) Any person, firm or corporation who violates any provision of this chapter for
which another penalty is not specifically provided shall, upon conviction, be subject to a fine not
exceeding $500 or imprisonment for a term not exceeding sixty (60) Riaety (90) days, or both,
Each day any violation shall continue to exist shall constitute a separate offense.
Section 12. That Chapter 100, "Nuisances", Section 100,99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 100,99, and by
enacting a new Section 100,99 to read as follows:
Section 100,99 Penalty,
See Section 10,99, "General Penalty",
Section 13. That Chapter 101, "Parks, Beaches and Recreation", Section 101.99,
"Penalty", of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing
Section 101,99, and by enacting a new Section 101.99 to read as follows:
Section 101.99 Penalty.
See Section 10,99, "General Penalty".
Section 14, That Chapter 102, "Streets and Sidewalks", Section 102,99, "Penalty", of
the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section
102.99, and by enacting a new Section 102,99 to read as follows:
Section 102,99 Penalty,
See Section 10,99, "General Penalty",
Section 15, That Chapter 110, "Occupational Licenses Generally", Section 110,99,
"Penalty", of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing
Section 110.99, and by enacting a new Section 110,99 to read as follows:
4 Ord. No. 18-95
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Section 110.99 Penalty,
See Section 10.99, "General Penalty".
Section 16, That Chapter 111, "Advertising", Section 111.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 111.99, and by
enacting a new Section 111,99 to read as follows:
Section 111,99 Penalty,
See Section 10,99, "General Penalty",
Section 17, That Chapter 112, "Alarm Systems", Section 112,99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 112.99,
and by enacting a new Section 112,99 to read as follows:
Section 112.99 Penalty,
See Section 10.99, "General Penalty",
Section 18. That Chapter 113, "Alcoholic Beverages", Section 113,99, "Penalty", of
the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section
113,99, and by enacting a new Section 113,99 to read as follows:
Section 113.99 Penalty.
See Section 10.99, "General Penalty".
Section 19, That Chapter 115, "Auctions and Auctioneers", Section 115,99, "Penalty",
of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section
115,99, and by enacting a new Section 115,99 to read as follows:
Section 115.99 Penalty,
See Section 10,99, "General Penalty",
Section 20, That Chapter 118, "Solicitors and Peddlers", Section 118,99, "Penalty", of
the Code of Ordinances of the City of Delray Beach is hereby amended by amending Subsection
118,99(A) as follows:
(A) Any person, firm or corporation who violates any provision of Sections 118,01
through 118.08 shall, upon conviction, be subject to a fine not exceeding $500 or imprisonment
for a term not exceeding sixty (60) niaety (90) days, or both, Each day any violation shall
continue to exist shall constitute a separate offense.
5 Ord. No. 18-95
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Section 21, That Chapter 119, "Vehicles for Hire", Section 119.99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 119,99,
and by enacting a new Section 119.99 to read as follows:
Section 119,99 Penalty,
See Section 10,99, "General Penalty",
Section 22, That Chapter 130, "General Provisions", Section 130.99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 130,99,
and be enacting a new Section 130,99 to read as follows:
Section 130,99 Penalty.
See Section 10,99, "General Penalty",
Section 23, That Chapter 150, "Docks, Dolphins, Finger Piers, and Boat Lifts",
Section 150,99, "Penalty", of the Code of Ordinances of the City of Delray Beach is hereby
amended by amending Subsection 150.99(A) as follows:
(A) Any person, firm, or corporation who violates any provision of this chapter for
which another penalty is not specifically provided shall, upon conviction, be subject to a fine not
exceeding $500 or imprisonment for a term not exceeding sixty (60) 90 days, or both, Each day
any violation shall continue to exist shall constitute a separate offense,
Section 24. That Section 1.4.4, "Penalty:", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach is hereby amended by amending Subsection
l.4.4(A) as follows:
(A) Violation of the provisions of these Regulations, or failure to comply with any of
its requirements, including violations of conditions and safeguards established in connection with
grants or variances or conditional uses shall constitute a punishable violation, Any person who
violates these Regulations, or fails to comply with any of its requirements, shall upon conviction
thereof, be fined not more than $500 or imprisoned for not more than sixty (60) 90 days, or both,
and shall pay all costs and expenses involved in the case, Each day such violation continues shall
be considered a separate offense.
Section 25, 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 26, That all ordinances or parts of ordinances in conflict herewith by and the
same are hereby repealed,
6 Ord. No. 18-95
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Section 27. That this ordinance shall become effective ten (10) days after its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
4th day of April ,1995,
~~
ATTEST:
0i~'fiJJf'.t.,~ /10 *
City Clerk
First Reading March 21, 1995
Second Reading April 4, 1995
penalty3,ord
7 Ord. No. 18-95
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER e;<-{
SUBJECT: AGENDA ITEM # 10.1',- MEETING OF APRIL 4. 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 19-95
REMOVAL OF MEMBERS FROM ADVISORY BOARDS AND COMMITTEES
DATE: MARCH 30, 1995
This is second reading and public hearing for Ordinance No. 19-95
which amends Chapter 32 of the City Code by enacting revised
provisions concerning attendance policy and removal procedures for
members of advisory boards, committees and commissions.
Among other things, the ordinance defines the failure to attend
three consecutive regular meetings as "abandonment of office",
constituting grounds for immediate removal by notice from the City
Manager's office and with no further action of the City Commission
required. The member may, however, request reappointment which is
at the discretion of the Commission. In addition, for removal on
grounds other than abandonment of office, a due process procedure
is included. However, instead of a hearing before the Commission
being mandatory, the member being removed is notified that he has
the right to request a hearing before the Commission if he so
desires.
At first reading on March 21, 1995, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 19-95 on second and final
reading.
p~ .5 -0
ref:agmemo16
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~~ ._-"-,~._,--.~.----~..,-,.....,~-- "'-~ _.__...- ---._- --._-_.
I,
"
ORDINANCE NO. 19-95 ;
i
!
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH. FLORIDA, AMENDING CHAPTER 32.
"DEPARTMENTS, BOARDS AND COMMISSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH. BY REPEALING I
SUBHEADING "REMOVAL OF MUNICIPAL BOARD OR COMMISSION
MEMBERS" , SECTIONS 32.15 THROUGH 32.19. INCLUSIVE, IN !
ITS ENTIRETY, AND ENACTING A NEW SUBHEADING, "REMOVAL I
I
OF MUNICIPAL BOARD, COMMITTEE OR COMMISSION MEMBERS",
SECTIONS 32.15 THROUGH 32.20, INCLUSIVE, TO CLARIFY
PROCEDURES FOR REMOVAL OF MEMBERS FROM ADVISORY ,
,
,
BOARDS, COMMITTEES OR COMMISSIONS; AMENDING SECTION I
2.2.1(F), "REMOVAL OF MEMBERS; VACANCIES", OF THE
,
LAND DEVELOPMENT REGULATIONS TO PROVIDE THAT REMOVAL I
OF MEMBERS FROM A BOARD SHALL BE PURSUANT TO THE I
PROVISIONS OF CHAPTER 32; PROVIDING A SAVING CLAUSE. i
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. I
,
WHEREAS. the City's Code of Ordinances at Chapter 32,
Sections 32.16, "Grounds for Removal". Section 32.19. "Forfeiture of
Office", and Land Development Regulations Section 2.2.1(F), "Removal
of Members, Vacancies" . provide for removal of members from advisory
boards and commissions; and
WHEREAS, as currently drafted, it is unclear whether these I
provisions conflict with the procedures required in Section 32.17,
"Procedure". for removal from office; and
I
WHEREAS, the City Commission of the City of Delray Beach I
desires to clarify and unify the provisions pertaining to removal of ,
board, committee or commission members. especially that there will be I
!
an automatic forfeiture of office for failure to attend three
consecutive regular meetings of a board, committee or commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS:
Section 1. That Chapter 32, "Departments, Boards and
Commissions", Subheading "Removal of Municipal Board or Commission
Members" , of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed in its entirety, and a
new Subheading. "Removal of Municipal Board, Committee or Commission
Members" , is hereby enacted to read as follows:
il
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REMOVAL OF MUNICIPAL BOARD, COMMITTEE OR COMMISSION
MEMBERS
Section 32.15 DEFINITIONS.
For the purposes of this section. the following I
definitions shall apply: i
,
lIMemberll shall mean any person who is a member
of any of the regulatory or advisory boards,
committees and commissions of the city, whether they
are appointed by the City Commission or elected.
lIAbandonment of officell includes but is not
necessarily limited to failure to attend three ( 3 ) i
consecutive regular meetings of a board, committee or
commission. ,
Section 32.16 APPLICATION.
(A) A member of any city board, committee or
commission appointed by the City Commission to serve
on that board, committee or commission for a fixed
term may be removed during the term of office in
accordance with the provisions of this subchapter.
This subchapter shall apply to any board, committee
or commission operating under the auspices of the ,
city, whether created by Charter, special act, i
ordinance or resolution, except as provided in (B)
below.
i
(B) (1) The Code Enforcement Board shall be
governed by Chapter 162.05(e) of the Florida Statutes
which provides that if any member of a Code
Enforcement Board fails to attend two of three
successive meetings without cause and without prior
approval of the chairman, the enforcement board shall
declare the member's office vacant, and the City
Commission shall promptly fill the vacancy.
(2 ) The Community Redevelopment Agency
shall be governed by Florida Statutes Chapter
163.356(4) which provides that the City Commission
may remove a community redevelopment agency
commissioner for inefficiency, neglect of duty, or
misconduct in office only after a hearing and only if
the member has been given a copy of the charges at
least ten (10) days prior to such hearing and has had
an opportunity to be heard in person or by counsel.
- 2 - Ord. No. 19-95
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~~-----'-------'--'-'--- ,------ ----,---- --,----,-- --,,-,
I
I (3) The Downtown Development Authority
I: shall be governed by Special Act which is codified as
l Chapter 71-604. Laws of Florida, as amended. The
Special Act provides that the City Commission may
remove a member of the authority for good cause upon
a vote of four-fifths (4/5) of its entire membership, ,
authorizes removal after notice which specifies the I
charges, and after a hearing. Good cause in the
Special Act is defined as willful neglect of duty. i
incompetence, or unfitness to perform one's duty or :
conviction of an offense involving moral turpitude. .
Members so removed shall be entitled to review by the
Circuit Court of the action taken. I
i
,
(4) The Delray Beach Housing Authority :
shall be governed by Florida Statutes Chapter 421.07
which provides for the removal of commissioners for :
inefficiency or neglect of duty, or misconduct in
office. A commissioner may be removed by the Mayor
with concurrence of the governing body, but a
commissioner shall be removed only after the
commissioner has been given a copy of the charges at
least ten (10) days prior to the hearing thereon and :
after an opportunity to be heard. !
(C) The provisions of this subchapter shall be
cumulative to such other procedures as specified in
other applicable provisions of law concerning a
specific board, committee or commission.
Section 32.17 GROUNDS FOR REMOVAL.
In addition to such other grounds for the
removal of members of a particular board, committee
or commission as may be prescribed by law, any member
may be removed by the City Commission for the
violation of any provision of the Code of Ethics for
Public Officers and Employees cited at Chapter 112
(Part III) of the Florida Statutes, conviction in any t
court for a violation of law involving moral :
turpitude, inefficiency, neglect of duty, conduct :
which renders the member ineffective in dealing with '
those members of the public interested in the work of
the member's board. committee or commission, conduct
which renders the member unfit to continue in office,
malfeasance in the performance of official duties. or
for any other just causej or abandonment of office.
- 3 - Ord. No. 19-95
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~-, - ..- '._d...... ._......_-,....~-.. -.-.--...... "-',," ,.'-"'-- .'-.-.....
--,'.-. -, . ~... - . ._, ."--- _.- ..,.
I
i ~ Section 32.18 PROCEDURE. I
I
i (A) Except as provided in subsection (C) below,
i I
I a notice of removal shall be served upon the member 1
sought to be removed upon the direction of a majority
of the City Commission. The notice of removal shall 1
I
be prepared by the City Attorney and signed by at I
least one member of the City Commission, and shall
specify the grounds for removal. I
I
(B) The notice of removal shall be served by I
I
personal delivery or by ordinary first class mail.
Service shall be accomplished as soon as is
practicable after the City Commission directs service
of the notice of removal. The notice shall include a
statement that the member has the right to request a
hearing before the City Commission, and that the
request for a hearing must be received by the City
Clerk on or before a date to be specified in the
notice, which shall be seven (7 ) days from the date
of service if the notice is personally served, or ten
(10 ) days from the date of mailing if the notice is
served by mail.
(C) If the ground for removal is abandonment of
office, the notice of removal shall automatically be
issued by the City Manager or his designee. In such
cases, subsection (D) below shall not be applicable,
but the person removed may request reappointment at
any time.
(D) Hearing; Decision of City Commission.
(1) Upon the timely request of the member
for a hearing before the City Commission, the
Commission shall set a date, time and place for a
hearing and direct the City Clerk to give the member
notice of the hearing.
i
(2 ) At the hearing, the member will have I
,
an opportunity to respond, to present evidence and I
arguments on all issues involved, and to conduct
cross-examination. The member may appear in person
at the hearing or be represented by legal counsel or
i some other representative as the member chooses. !
i
(3 ) The decision of the City Commission
may be either to remove, to suspend, to reprimand or
to absolve the member.
- 4 - Ord. No. 19-95
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~, ,,"--~_. -_..-.-,-"" - ._-_.._,_.,-,---,_...,_._.,-~-.. . ~-,-,._.~-,-_..._.._-,-
i I
i
1 (E) Effective date of removals. I
I I
( 1 ) Except as provided in (E) (2) below, I
the effective date of removal of a member shall be I
I
immediately after the expiration of the time in which i
the member has the right to request a hearing before
the City Commission, or any later date which the City I
Commission may provide, unless the member timely j
i
requests a hearing before the City Commission. If I
the member timely requests a hearing, and if the City
Commission decides to remove the member upon the
conclusion of the hearing, the removal shall take
effect immediately unless the City Commission
specifies a later date. If a member timely requests
a hearing but withdraws the request prior to the
hearing. the effective date shall be the date on
which the request is withdrawn.
(2 ) If the ground for removal is
abandonment of office, the removal shall take effect
immediately upon issuance of the notice by the City
Manager or his designee.
Section 32.19 VOTE NECESSARY FOR REMOVAL.
Removal of any member of a city board, committee
or commission shall require four (4 ) votes of the
City Commission, except in cases of abandonment of
office which shall constitute an immediate forfeiture
of office. i
I
Section 32.20 REAPPOINTMENT.
Nothing contained herein shall prevent the City
Commission from reappointing the city board,
committee or commission member to fill the unexpired
portion of the term if, upon good cause shown to the
City Commission, that member has requested and I
demonstrated good cause for such reappointment. 1
Section 2 . That Chapter Two, "Administrative Provisions".
Article 2.2. "Establishment of Boards Having Responsibilities For Land
Development Regulations". Section 2.2. I, "General Provisions", I
I
Subsection 2.2.1(F), "Removal of Members. Vacancies", of the Land
Development Regulations of the City of Delray Beach. Florida, be. and
the same is hereby amended to read as follows: i
,
I
- 5 - Ord. No. 19-95
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________. ..~_~_.. "'_"'_~'~"_'__ _~ __~.____~ ______. __,______..._..__._~._~..__..~,..__ _.... _'_"__V_'''~''__ 4'_,~,_
(F) Removal of Members, Vacancies:
, (1) Members of a board ~~_~~ ~ be removed by
the City Commission pursuant to the provisions of
Chapter 32 of the Code of Ordinances. ~p~~/_/tt~~t~0
~t/t~_ttt~t_~~tl/~_0~_~t/~t/~~ttl /~t/~_~t__~_~~_/t~
~ttt~_J / /1~_ /~t~~t~0 /~t /t~t__ /~~~~_~~tty_ /t_0~~_t
~~~~~_~~ /~__tt~w~ /~t /_ /~~_t~ /~~_~~ /_~t~~_t~~_~~t '
~~~~t~t~t~/_/t~~~~~W/~t/~~W~_~t/~t/~~ttJ i
;
(2) Vacancies which occur because of
resignation, removal. or expiration of a term shall I
be filled with a new appointment or reappointment i
pursuant to policies of the City Commission and I
requirements of Subsection (~Q)(l).
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph. sentence, or word be I
declared by a court of competent jurisdiction to be invalid, such :
decision shall not affect the validity of the remainder hereof as a i
whole or part thereof other than the part declared to be invalid.
I
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
I
PASSED AND ADOPTED in regular session on second and final
reading on this the 4th day of APr~~ ;
ATTEST:
() 11lJ1m'1fJ!/I.)f 1/ ~ )/()J.7v
City C rk
First Reading March 21. 1995 i
Second Reading April 4, 1995
i
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- 6 - Ord. No. 19-95
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