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04-04-95 Regular . DELRA Y BEACH f L 0 I I 0 .. 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. . I 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 -2- . - . 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. -3- . - 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. -4- . 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 -5- 0' - . . . 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. . ' . . ~ ~p c/\ ['7l \ 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 SEAL ~.A' . "' -., 4 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 h,8. "' "' -, ~ 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 ~.e . - . 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 b.D. 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 to .E. 0 "' .-.. ~XI 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 SEAL c,.F "' , . 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. , . . oK 8?1 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. "' , . . . 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 . . ~ "- . . t '~, ~/)I},'~~ " " 1 '-'>-1 v''''''~ (--. '::, ~)~~:" ". ~7l1'~ .....-:; " ~8t LQ .....J /,', ~r~l_,'_ ~T~1 / I' l~'<":'\ -:1..... 0 \, I~J I lEl~r . ---., 1~,~1 I \ I I.:\'@J ~ !')' -- (j' '?',I ~) I ~ I'I! , , I I . I L_-1j I . - .I I L --- -, 'I.~ :;: I ~fr 1'1 ~t~:1 ~+~::tJ I: '"'' oJl ~ ~ m4_ ,- I ~h l~:;i , , ,I II . ~ 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. . . 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 . "' 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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C .CD I- --.J ~d~ci~ I ~ %Oa:N ~ ~ 0 :)C u (f) OLL.-JI-O tn _OI.L.OO 0 _"n a! ,....~~~~ ~ e::9 LL ~~g~~ ~ <:I 8 __u_ _ >- l.L. ~~:I::i~ ~ ~ a ~~~~~ ~ ~~ I-- -<o:rCD..ctn -:l !~ pq < ~ 80 o..~ nnn~~ I=::J~ : d~~!! e:::t}"'.. ~ - i. rv.:l~': t.:/U ..J." l1:!'::!Io~:; C":J:iW:' C-::J~ i ~ '" - ~g~ -', oc)..._ 9~~1 ~!~ ~~i g3v pi ~i,.t.oa.i"ii.'''",,;,'s'ii;'';I!of''.' 8 If:11lI_',r'''''Ct/rlfl.''''''I~."''''''1''' B I ....... ..... l&:v;~i~"Jl&'.=- ", PIli ~,1 (=:J LAKE ~~~r"::t~~I~"r l-JZ ~ PUJ _ 24. "..<< U1 . 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 . "' . . - . 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 . . " . . '. "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 " , . " . 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 - "' -.. · ,-- 41 - 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 .----" ----- . - . -.... - ' . ' - . - '- ' . - . , . ..- -_.- ,- . 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 ~ -, -- -- ----- ---- - - "' , , "' " 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 - , I" ----------1 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 " , . t . I . ~-..._- ------ - ._._-- ! 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 "' , . "' , 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. " , - "' ------------- - -----~._-----"----------------------- 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 "' , , , -.-.-...-.--..-- 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 I . " , . . 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 . ., . . 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 " , . . . . 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 - ::i!it'i!'!{{{:tttt!i'i!i!i!i!{{!1!i!{i!i!i!{i!i!{iiiWiii!i!i!i!i!i!i!{i!'!'!'!'tt!i!i!m!itli!mt!i!i!i!i!i!i!i}t'itii!i!i!i!iWftIIMU1M4,Q{:'f.!i!i!i!i!:t'it'{i!i!i!:t!:!:tt':t':!:!{{:!:ttt!:t!:!:!i!:!:i{iii:":t!'!{it!:!:t!:::ttt!:!:!:i:!{:!'!i!:t!'t!:!:!'!:!:!'!:!'!'!'f!:!'! . . . 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, - " , . - 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 ~... '''-;. "' , - .' 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~~\ l'-j'L~ ~~~ it-:~~v0:h 1!f~ &~/Y-,<=t~\ I I"~ ", Dx..~.,il~~~ 8'. . >,;. , . ,~~ "-...-,1-'<-,- . ., 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 C;. r/.3 . " . 0000 0 0000 0 0000 0 000- - l/) l/) 0 0 '" 0 0 0'1 - - - N ~ 0000 0 =0000 0 ~-~OOO ~ = MOO- ~ =' = O~ l/) O~ l/) o 'C 0'1 0 O'I~ e \0 - t' Q,) Q,) - - = ~ li' = ~ . en Q,) (.) ~ Q,) 8 I~)~~ .- Q, ~ ~.~ -< 0.9 '5 l ~:( Q,) rn ~ ~ Q,) g 8 .~ J:l N ~ := ~~ -.+:t ..... ...." ~>::> = - 0\ ("f) - .9 ~ 10 0\ tI) ~ CI) = . ct:: -- 0 0 ;.:s -= .- Z CZl .- ~orgt)~ i_NM~ ~ 0 CZl . CI) CI) "'C ..= 4::: S OJ) ~~~~~ . . , 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. 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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. .' . c /- {7--/ 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. " ' . . 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. .' . . 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 " , - . . LOCATION MAP FOR CITY COMMISSION MEETING OF APRIL 4, 1995 L-30 CANAL . .----.-.-. ~ I W > i ~ ~ . ~ ~ r.: .J <t g J . a ~ 4. I ..... us ~ ,..._._._._._. . ~ IS i 0 rn ~ . .;: VI ! ~ LAKE IDA RDAD i i 0 I :E i ~ ! m ~.-._- .. ,........-.-.-. .--.- k' . ~.-.-., ~ L.._._._....... .. !.., J r .... . I . . . I ! L._._._. -, r.-.-.-l Ii' i . ~ rT:. ._.J i ATLANTic AVENUE ! ~ ~ ! .;: < r'-'-'" . m v ! a ! ~ ~ ~ I > i ~ . ~ I 0 . LOWSON BOULEVARD m 'S.W. 10lH fREET o z o ~ ~ 0 ~ u o ~ ~I~~ON BOULEVARD r. ~ I ':!!!>o.. ..: ,...-. t i . . .' I '-.-. L.J i . i ! i i L... . i >- ...J . < .J >- _ r-'-'-'-'.J "" <t It: ..--- & ~ ~ i x U :J . I"l :i ! I I W . I ! --- .-.---.-------- ---.-- ----------. 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 N - CITY OF DELRAY BEACH, Fl PI..AKNING DEPAFmIENl -- DlG/rAL B4SE IIAP SYSTEM -- ., I '" . . 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. " . _: ~,{. {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. "' ' . ., 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. . ., 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. - ., 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 " , . . ( ( , 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. :\~ .~~ \~~ 0 . '?,. \. ~\~ ~~~ flJ,1,o ':\~(, ~~ ~\,.~ " , .' ( ( I ~/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 "' , . ~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 I I ~ ~ ~ I--- I I ' ~ .. ~ r ~ < . -. A TUNnc I VElERAHS - r ~ r HOlIDAY INIl I I~ II II '11l 1 PlAZA I PARK J I i III I CAMINO REAL J ATLANTIC AVE N U E.., TIm rTTlT .. [mill]]] lIJJUll ([J rt nml] IT II II I -4 11-- · ! < .. ~II~ EE ~ -f- I-- - - I-- .. f-- - L-- i=t= '< J E I-- - 1=1= I- '" ~ f-- i=t= ~ ! ~: ~ f-- f-- = f-- - r=== '< I '-'-'- ... BAR ~ $' ~ I-- _ 0 HARIIOUR 6 r 1- f-- - 1== I 0 I CONDO I l~ '-- rr- 1ST I-- -,p:.............. '< .. III :: l7 r I J--.J r- T . ~1 ;>: I :: I - I 1 i J -, J I 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. " , " , ( ( 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. " , - "' 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. .' 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)] ., . 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. "' ' . 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 . , "' / ( 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 .' " 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. " .' 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. .' " 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. , . 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 . , .' . 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. . " (' ( 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. - " , . ., ( ( 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 - "' , . . 3111;3'([; f'4/l121Y3/\ .---' --_. ( .- '. -~_._------~ -'-'.- - J41All:IJ..Qud - _._~---- 'U_n - "'< . ..':t, ,[ ':.r-o/. -",-'--_~lP.::---'/I\ ,. ,-~) O={j ..... ~............... 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'f: . ~.', ~ \ ":-&.~r ,-- ., '1 ~ ,j " . . ;a ~ <.:~' :. ~~~; :..,.~: ~ I_~'. .~:;..~ .~~: - . . .4.. . , ~ I ~ 1 I " '-l 1 tr- II ~ I ~ I i I I I I I I ! r "1 4 i i ! ~ I If I C, ~ 4 -j l. !u ~ . ~ ~ . I I j J o~ ~ ~ ~ \t , , ~ I ? I ,\ ~ I ~ J ~ ,,' ~ " ~ -- I I , , f I , .- oJ I ! - I I , I I . " ( ( , - slar\chno seam metal fC ,; ~"ldr'll"'''''''''t..c...r ,/ --- I baham",' stv~ operabee sOOlier" / / "gtll teltUfed stucco. pall lap SldtnQ. paint hn~IYI .- .- ~ .- ,/ /' // VlJI..-- ,~ ~ ,/" / ~ "- " Itgh' le.luted s'uceq. p..' / , 7"~ ~ Ope1'.~ shutte's.. -pa.,,' 'In~ lvp~ ~ NORTH ELEVATION - I - . -- ba~ ..:>~~~~ ~ \,," '~ ' . _.~ l:!u ~ Ilinted sIk:IIng gtus docKs. typ I \ ~"''''.c;e cOUftvafd waG wIth palnted'stucco "n.. Iyp Itght lextured stUCCo. pa..., ftn_. ~_;- ! SOUTH ELEVATION - - ., ( ( i i i ~ I I~ I '?' W ~ ~~. - I' i'~I'a ;. ~~' ~ r~ i Z~~~Z~ ~ ~ ~~.~ >1 - ~. '" w~~o ~. 1 i~i.~!.~ .~~! . i ,.~ I.; I ~ I ~ 5: ! g g ~ ~ g. ~ t:~t:~t:~ 5€ ~ ~.~;, ' ~ . 'l*.~:l " I t ',t, ,~:\, , ~8~: , . . lC! - ,,;t< '.. '( 1~~ [ .~; 8' :;t;'<C lI"m ~ i:~~' ~~. ~~:- " ~ ~,' ~ :; o ( ~_' 8 )f~ " b 't;!:fo/. . ~ f' - (, ,." .10 ~. ~ 51~~ b L'" '" I , "i"~ .c ,,' '~.,,~ ~ ., , t'; ~~ ~ . > ,~ It, ! I . I( ci.. rl.' l: , ~ ~,;~' )'" / I~ a'; .'r. . ( ell " / ' . !!.t'Z ,0 . " j! to ' Z ,. '",.... 0 .." 1:_ . .'i . ~!I- ~l, ~- 1"1 r A'" l1'\ t"<... )fl ~> 'F:.UJ ~' '< f;~;~; I~.~ I- I I I r: ~~ 1/. .~ 0. W ' .. LlJ !: 'I~~ > '8 ~ -: ~ ~ ! > '~~ .. ~ ~ ~ i ~ ' :~ ~ ~ i Cl ~ : i . 'E '8 ~E 8 . - ;! ~ ; ~ : :! i i .~ 0 ! c .,. ':) .,. e ~ ~ ii 0- : ~;;! --- ,LLt_. "' , " - ~~ 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. "' ' " .' .- - ~~ 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 " , . -- - . ., - ,.-, _. . , ) I ) "'-- ,"" 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 -",,-- "--- ----- ._-"-------"-"-_..'----' -- -'~~-'-- ----------- -_.~--- .- -----.----,-.--- -_.~------ -------...---,---.---------- .' . - .' -0-'- -~~) . (. ) . ......._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 .. , .' - - - ---- '. ) -~-- ) ~ " 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 - --"'...--.--.-.-,-," -------- ~--" - - -- - - . - -._--".--- ---------- . ----------------,---- . . " ~-) . ) -- --.-., _._...r "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 -, ~_.- .--.---------.---- -.- ---_..._---,- ..---.--..----.......--.----- ---.. .., , - . r -'. ) . \,J - . 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 .. ' . .. , '" .J'..... r '.11. ,: 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. . .. - 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) .. .' .< (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. . ..--. . ~_.;:~.: . : . , , ... 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. - ", 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. .' .' 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. 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ZZ ..J " I- ..J<t ~~ WW <r 0 Z <rl..!! <r<r QQ U I- ~ H UH Cl:" I-..JHH W <t I- 1-1- ::lOUU W " " ..JU 000 '" OHZZ U ~H I-W ll..ll.. ~>HH H 0 Z ZZ3 :t:Ll.. > 00 U WWW :> 0 000 O~ iZ~~~1-1- o u (run UUU Cl: Cl.. H UlOOI- U<t IYIH<t<t<rUlOO ..Jl7t:::l::l ZZZ W I- Cl:U:: OOUlOO Cl: ::l WWW <r00~<r<t<r (fl(fl W Ii.. iJJWWUl(flUlUI- UlI-Cl:U::l7t:WWWWZI-IHCl:lXllXllXll-(fl H ~ll....J<r<t<t1-l "UlXllXllXl..J..JI-..J UU<tctCl:ct..J<rw U:: Cl: UCl..Cl..Cl..Ll..ct ~::l UU::lUU::HI-I..J::l::l::l::l~U ~ U Cl..Cl..HOO(flOOLl..W~~~~~~~~r~~~r~r~<tA..J..J..JI-II-IOI-IWll..il.l..!JI-I-I-<tOOH ~1 (fl UlOOXWWW<tX(flOO(flOO(fl(flOOOO(fl(flOOUlUlOOUlUlWZ<t<t<rXXU::XXUlUlU::UlUlUlOOW..J fJ.. .. W ::l::lWU::U::Cl:U::I-::l::l::l::l::l::l::l::l::l::l::l::l::l::l::l::lU::OWWWWWZWI-::l::l::lI-IHHOOU::0 q- Q UlUl>I-I-I-I-OlXl~lXllXlmlXllYIlYIlYIlXlmm~lYIlXlmmUl:l::t:>:>W>OUlUlmOQQ<rI-il. 0 .... ~ A .... " ~o~q-l"l~~q-oooooooooooooooooooooooo~~ooooooooo W N ~~~N~N ~q- Z WlXl 0 ~~O~..-l~ Ol"l ~1 Ul:l: l'l !"l ~ O~!"l ('., ~ ~') W 0- <t::l 0 N 0 ~..-l ('.j 0 ('~ 0 , UZ !"l l"l!"l!"l!"ll"lq- t<J q- .... ~ ~~~~~~ ~~ :I< l") "- * l") 0 * ~) ., liP . .. . . e 'I>' l" /\ 'J \,..1 ;:J \:;i; " .' " , .' . . . 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, ., . '>/\ 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,^, ., . o. 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 ., . 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 " ' .' , 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, " ., 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 .' ., 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 ., 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 .' ., " 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 .' . ., (. ~ \ ~ ~ ':.1'0 .,. . - ~ ~1~~ \ $ - - III - ~ \ ~ ~ \ \\ 'I. = Ii $.. 1 ll. 11 'I. a \ \ ~,,~ \\, ~. \ \)1 . ~ \ i\\II\ -- ""~\ii 1\\ )____.0. . ) A ~- -z... ~ -- I ---->-- ~~ ~ - . . ~ \ -~--~ ~ ~- ) \ = = /' "---- ~-- -=-=-=::O~~-~~HVIHS n ;-- '\ { r-:;:::- \ --- --=-= '\ -_.- -. '-"'-r - u:-....:..::-~____ ~ ( \-;~:r - ..~ ~ , j I I ~ , ~ I; , -' I ~ ~~_" ~:'l ~. ....-..: I I " . .."" . -"(i - O 0'0 ." --' -Hnll' )IXI - H }'V.\\." ~ ----- ,- I _,...==_~. u__. I _....-=...:....~ .-- -----7'j-j- I _ .__ AVMiivl;i -0 I ____ _ .., __ .____ ... .-,..,-- - . " OELRAY TOYOT~ U-M,t,r A~UE' MORSE SAlURN ~ -------- i ---. ~ MORSE SAlURN :r ---- --- -.oJ ILl I g 0 MOBILE HOMES -- SHERWOOD HONDA /( lAOBILE HOLMES crflct UOCP- ~P-iOtl N - LINDELL VILLAGE PLANNING OEPARTMENT Cl T1 or OELRA Y BEACH, FL -- DIG/fA/. BASe UAP SYSTf:U -- ., . .' ~'.. 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- _c'~~'''' .__. _."... ~..'_ _ .._.._. ._ -c-- . r )-- ) . 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- ......'.", .....__..__._.,.~_._"____.."w._... . .___..~ ._....._.,"__ .._ __....c_._ _. _. ,."",'_ ..~ .,__~_ .' , . . . i ) ) . 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_ ~__.__.__ _' _.._ __.~...___. ___ __ ______ ___ _ __ , . . , ) 'I . 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- ..-..~-..._--.~"~......-----~ ,.--.-..-----~~--_..--..__.'".. .,--. .-,."~',- M',' ~. _ .. , ~ 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 ~. ...-.-.... ..._._~.- - . ~~ j f _ 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 .-..- . --,--~ .- ,_.'-- .....-. ~~.._..__._----,,_..__.--_.__. _._-------_..~ -.-- --..----.,-- ---- .. " - :r ;, ~ _TS . ! : I I i : i Ii' I . ,I . . ! I! f I ; j I __J-- __.J--.l.___~ --J-.~._J'~-,-L...- I " ii' I I I I: I . i , I " I I , I , 1 I I I ! i I I ! i i : I i , ! 1 :!, I , i .:: I !:..-1' -_---'- - _ ,---LJ-. _'--L __J- ""---. -..r---'--'------L--~ - -~- ; , I I I I ! i I Iii : : 1 I i I: I I . I ! I i I' . I I:, . ~I ! I I I' L ,!; '!" ~ !_' '_ . I! I !: I ! I ._ L ~ ~ .'? \. . - . . / "- "" / - 0 . ~ , NORTH ELEvATION SCALE 1/211=1"'-"0" .. 10'-0" ?f f----------------------- I I . ~. -- .... ~- ~":""~'''~ .,..:~'.;f <>- ..,., ,- .oj ,-: . :. 1- _ .' . ,.' .. ~.~ BEAC-H PROPERTY OWNERS' :.:'.' . ASSOCIATION, INC. \el~ ~ ~ ,:;., " ~ -=/t~~ P,O.BOX375 ~.:.t ,~tCio \~ 0 ...... "'ir OELRA Y BEACH. FLOR IDA 33444 f . . ~ \. \qq ~ECEIVED ~. '~~ ~ n~ ~; 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~,:' ~ " ... ~:,.' '-. 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. ,.. ~.. . l<.:~ il:'; . I 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 . _ ___~.:..;;r~_.-:-:~',,-. ~ -, -..._ .. ""'-1.,.,- ~~'H~ ~~ ...~ . ~ '" ,," ~. -". -'.- ,t '4 : ,. 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. ~'. 'l. ~, Sincerely, ~~ ~/: Executive Director "','.'i, !r. Beach Property Owner , s Association ~L;: ' rtii: . ~-~ ..: ~. ; ,':." ,.. r ., ~\" .~' ff." '. ~. r'.,: l< If~r ~)~~: . 'r~' . 1;'.:\':- ' ~. ... .. . , . , " ~. MEMORANDUM TO: David T, Harden, City Manager ~. THRU: Joe Weldon, Director ~' - Parks and Recreation Dep rtment -.' ,.,~ <:> ., r-" c,~~. :::.t FROM: Joe Dragon, Assistant Director .~~'b-- \%~ ' ~'f>~ ~~~ Parks and Recreation Departm ~~,-"> <(Y" , ' 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 ~.~_.......-. ~ ....~ .... .".--. ~ - _..~__. ..~.._"_'-"-__ _~'____"_'____'__'_ _..~ _._u _,_ '. .'--...~-- ~..-_...~..._.... -.-.-..... ., / /. 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 . .' . . 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 ;)- ~ ~ 3 E/"~ {11t P #0/ C(flwP- ~~W;) ref:agmemo7 .' . ~ { 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 . .' . 'I ./ '-- "~'~\.: -.--, -r; --ri "'_. r~ -- . I j'" . C ..., r !-.. I \. I f:~ :;-\ .. ...., ,. I...L... CD Community MAR 2 1 1995 Redevelopment Agency C!, '{ ti it -a , ,. 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 ,. : LE ~ ;:~E I GHBD1:: . ,.., .-._. ,...;-.,-.. ',-'.-,'-, ," ........r<'-r'i.:-- ,..,...,,",", N~ljHbUKMuIJU 1~I~K0vc4tli~ PF~EPqEEL~ BY ~ ,.. ~."".'.. ,.-,' '.. '.,... sUt~r1AF\" S~EE1 l"',.......... .,. 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','-, .. .-.",' T,.,"", ,-.c_, .... . ..,., . ". L.M1"i:.: "",l.iL" 1;:' i : i ~);'f BANKBCYNTJ~ :If ~w 5T; RyE: .:",.. ,,,'.' .. $1 0;. : .~; i ,!ill' ;" ... .;. .-.... ~ -.. '.. '.' .- '.' '. - . - NE 2:~D AVE-VACANT ~~~T) t 4:, ~ il. 1. ,} r.O'. ,-1,-....... r- ..,. .-.-r- r.. -:-~. ',t.-.'.''-'-. K~LU~H;t H~jI0hl~ HJ:~t~ .. ':ill. ";" ..:;,). ~ .:',)" :~i.; .- ; . ,. .-.... r- ~..- i;, > ~: WF:U\ :'L'_;,. ...,.,... :'",'-; '-,'. 1'"...........;, !?1=' ~ 9b ~. /;' i , '1':: ij';- Lj'~:LK';.~ ~ tit,n....h ~.~) .- i... \., ~I...!, '.)1... ;'.r.'. ,'''' ,,...,...... ,....,..-.. J:~th,. ' n- 1 u- i ~ :..-:'4- 't').;.}'..: 4T': t'.i~ TC; ':':.-,.) ;.,! - ~;\.' ~~, )-:;~, \ r ';ME3I(Hf': Llt113NG MAIN1El"AtLE 't,-=:, ~ ~.,:~<. IV' - ... , ."'., ~ .-. . .... ~ - ~ - -- ;". ,~, ~ , t;' l' . ~J L:, ...........".._....,__..___._w.____ _..___,,___._____._..,__""._~__..____.___,_.._.___,_._,~__.'__..~~..._.__________________,___.______...__. ...__..___._,_._.....~.___ T~T;L EFF!D;rU"E~ .. .. ,..... f,',_,. t,! t <:, .:"'=. j. ~ ""j . ,....-_--.,. _-..-'_r, , 1'} .~,:~:: -"i)!.",)f) 'tlf::::; t<~; '.'0 .;,,.-.., "."-,,..: "'-"' - . . - .. ...........;.... ....< '''- . . . - . .. . B A,~ {l ~"; ;~. E ~.t.; ~ ')l) \ i,(:: O[ s:.:.. . ~ ;).;, c ,::::;.,: -,.,..., .". . ..." .. i~'-~illi)l .'>+ .--, -.;,",-,,, ........-..... :-;".-.; :......,-. ,-.', """.~,... .; -j,::;) !,,:.: , ,:::1 T" L.~'1'1'" 1. ,i ;:1.: :NL~;:lt:,r;H~'L.t;:.' :t. .'.'i_' ---------------.-------- --_.----------.._-,-------- .---.---,-------.---.--------.-----.-- .... --- "'" ., '._~,,, c .......... r-. .-,"; ,~" ,"":- ~,'.), ':)1) 3:-:..', ..........-, ,.... .' + .':- UW-,"j~':nJ j ~ ::;.' jHLRi";'_-:, ....-.;'1. :'1; :_. .,....., '--,........... ----------------------.-----------.-------------------------------------------------------- ------.----.-----------------------,----------------------------------------.--------.--.- -- .. - --" ._ ._ r-.__ . -.--_. __. --- .-' ~., ---. -..- -_. .. --- _...- .__.___. ._:":'!.~_.._ . ____--__._.___.__.__ ______u.-.- _'_._"'_ _._ ._.___ .~___ "._____._.___ _._ __."..___.R ,...._ _ _. _______. ___ 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 ...... ------------.------ ---- ..--.---...------ .' -'- ' ,- _._- . . - .- _.. --...-- -- .....,_.~>----. --.-". -- . , . .- ----._- - -- ._-_.__.~- , - 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 I . CD :::I CD C :::I ~ c .i c( 'a C 1;) N ~ W W Z z I :--IT--i 1 I ' I I I I I __J L_- 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 .' "'" 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 -------- -------- -------- ...------- -------- -----..-- -------.. -------- -------- -------- -------- -------- -------- -------- ,. .' . 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 ... .' . . 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 .' 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 .. .. " , . -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 .. .' , . . . 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 .. , . . 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 / / . , , - , --" "- -~.,,- . '-".-- --"._~----,- ---_. -.-. ~._.,,--_.,--~.~------ ----_._.-.-.,----_.._~-_.~- ..-._~." " ---1- " i; , I, 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 " , . . , . . ----"-- . _.~._. .--..-.-.,- .--- 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~ I ~ M&nOR i i, I ATTEST: (hNm'f!I!/-'J.u[~ 1Im.-4 Cl y Cler I i I I I I ! i i i I i \ I I, I I: I' j' I I I i I ! I' I I -2- Res. No, I I i I : . . 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 -. 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 -- - --- ---~----_._- - -~- ---- ., -."- .- ., 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 z Robert Brown p p A P P P P P P P - ~ - atten.doc ---. ---- -- ..-. -- - - " ., . .>- CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~ NAME J b firV' T;;- t~ct..l Tt~ ~ If '- [1'. bC'(, 33 f- . t; ( 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.~{ . 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 ., , [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 ~ , III I! 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 . ., 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 .' .' r" ~~_i \} MAR 3 1 1995 I .~ ii I~ ., 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 - .' . 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: -2- 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 - 3 - , ., ., 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 -4- , ., . . 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. - 5 - " ., . . 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 - 6- . .' - ... . 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 . ., .. . 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 ., 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 - " --- .' cK -,~- ?J/) [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 . ., . Agenda Item # Page 2 RECOMMENDATION Consider approval of Banner Attachment Agreement with Florida Power and Light Company on U,S. 1. RAB:kwg Attachment ., , 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, . .' . 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. - .' . . 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) . .' . 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 ., . . . , 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 .' ~ .. . , [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 ., 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. . .' 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 $20,000, We are also concerned that Miramar between Gleason and A-1-A is not really adequate to handle the extra traffic. As a practical matter, people with local knowledge of the streets will use Miramar as well as other streets, depending upon their ultimate destination. Recommend approval of the East Atlantic Avenue Traffic Maintenance Plan as required by the Florida Department of Transportation. . ., Agenda Item No.: AGENDA REOUEST Date: April 3. 1995 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: April 4. 1995 Description of item (who, what, where, how much): Department of Transportation is reauirina that Citv Commission approve the maintenance of Traffic (M.O.T. ) Plan for the East Atlantic Avenue Beautification proiect. (See attached M.O.T. sketch. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the proposed M.O.T. for East Atlantic Department Head Signature: ,v$~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) "' - 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 '. . . w > W <r: > w <r: N Ul W w 3 ct: w co ct: <r: 0 w z Ul <t V ... A J"""It ANT I~ A V E.... .. 0 '" w > <t L -' w <t w > >- > <r: <r: <( f- W z .$ 0 <t Ul Z z 0::: 0 ::J ct: <t co Ul LJ f-=. MIRAMAR DR. Z <t <:( .$ w U 0 -l a ct: <r: 5 w f-- -' ::J 0 U1 (1J U ~ ~ '==> 0 f- U Z <( <{ Q:: N --J I-- z <t ~ Z f= w z <t - w > ~ 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. . 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. .' .' ~.l: . ,', ~ I 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. .' 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 ., ., 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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' _-:to - - u / -- - -' ,- -- ., ~I VI h,~ 1 *-t '" 1 ' , -4. ~ 1.. .'-- : J..J -~ , ----j , , - { +[E ~ - --- -~--~--- f: - iL ~ ~ -,--, Ii' I d __ oj i-I ) -' r cc__ ,.- "---T-- 1 ---=l r (I! ;_ "*'11"") ~=- /1' -.t -B :s- ---=-- I 'f -.J -.-r- -1+ ~. o. ~ -- ~ Jfr -f~ (L. -~l- --Jr uJ '-~ I Jill -J ~ a - J 13 A ill El ~ ... ~r- ~ 0.- Z . 0 .n ::, - I- <t > UJ ..J W I ( =k- :I: =--= \ 1 ----= , I- ~ --',,~ '~MI iU u. ::> -[ I \,) -----~~- il · -- Ii if 0 "4 I _ . . W ji . if' '-:r (/) -- ~ _t\____7__ II ' ~ - -==~-~"~- --4 I ., 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. .' ., . . 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. ., . ' (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 " ., . 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 .' ., 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 .' ( ( 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 __._..___.__ . ., ( ( ?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 ., . .' . ( ( 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 .. ., , ., ( ( 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. . ' - ._~- .. , . , ,.' . \' I ~,'-' I '\ '" ~. '<. " ,~ ~ ~ ~ ,.. " . ' ;: ~ ~ I /'.'c< {1 ~ . '- Cr"'<'~ >-- \ I Ii/,'A ("~ ,r,flJ~J , . C,tJ,:I,!///U J /43-Cd' _ __ __ " (~~" J /' ,- ,C,'. 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[ j?//?' =1fR?Er---"~'6- ~Nm ---- \ --:,. ---- \ \ -------- - -----\ 't.. \ \ I /"1'1, ./ OCf7C/1/;:J7/cJ;1/: 80tlAl~~~tl5'ti~{/cY LCI/7 I?, 1-1 /ft!/cJ /5/ /f :ft/t90/r//:f/~,v tJr:- t!Jct?C)( /2'.17/ t?~-t.~/!Y, TLtJ~/O-4" Afll. fy,({~5 57c~//c,.(/;<:, c[,+/cJL.5 r1 C'C'tJ,4'O//V6- T,:J /Ye //L4/ .T.-vc/;!c'C.c k'cC'tJ,4?C7cL/ /,(/ r?L-f/ 6't?~".r( !'''i. ,d/?'6[ ~ o~ rHt"- ~~t/ CJL /C /2t-C't?4c?> ~/ ,,?'/1 L,(-1 : i~~:~::\;~~~~t ;,'~.~,~:I;:/~:\~:('~;,,~:' ~::(:~~:/~~:.~~rl~:~:r~~t J:9E,.4ch" {?t:1t:/'#ry; L""~4/?.4/t:?A U'(O"~I...t. _Il" t1,. ...1,,1......... hct"dc.l II.nd.nH fCo" ,-..d IU......'t". / r :.~~.' I, l', Stot, of fl.".. .. u\ fo." .. ""01" """,' flo".' ""'q;J' ..~tnttt...t I... CC'de :,.~ IId....,..Io,IlI..".l LC$cAltJ: '''Jot ;:~~:.:~'~:;:" c:;l~ ~-:::;..;~ ., 0;1(, ". CLJ#O!E'/c' 7' ,....;.:t!' J: I(~,l/{? "r. 8, iJ. . : C.<'A/(, ;;lucY J-7r;/(',.<' /,/,{'O ~?'''("I::'/~''k.' ,(~, J.9ZZ ~t~dt:? .u>~/t'-: /1[ cc 7 O'BRltN, SUIt~R & O'BRIEII, IIIC. ENGINH:ns; SlJFtvHort~, l^ND Pl^HNrnS ,.,. IIOnTll HOEn^l IHbli.....^V. D~Ln^y OEACII, rLOtllDA CCI.;'jJ, i99Z ".TO. ..,. /",,:?t?' }J/c,' '4:C '"'''''5'1./1/''/ - ., . (!c ;{h/.LtJVL, \ cm.IBIIA'_"- I -. ~..... ,I .. ....,. JOIIWAnIIl. tt em_ i""""- III 5ecIlan a15IA). 'WiiVerS fII CIty OnIin111C01".IlOTICE IS -'HEREBY GIVEN thrI . '-' .... ... nceIWd'""" CllUdIl IIId SIIphen Echols. . ... fie 11_ -- ,wsofl.Glsl3,1<I1IId15..-- ,ei Block 111. Del,., IIeIdI F_, lor I' ,WI'" 10 ... __ of QIIpIIr l'our. 'Zan1n9 ROllUlllilInI'. ArlIdt <I.,. 1-EsIIbIIsIlmont of DltlriclS IIId Offl- : cIII Zonill9 Mr1p'. Secllon .,\.4. 'II. of I.IIs of R~. Wnoctlon .,U(CI. of 1111! IIIId IlrielCIPIIlOlI RogullliDns of ... CAllle of 0nI11l11lC15 of ... City of DeIr., 1IeIdI, floridl. TIle City C0m- mission will CllI\sIIIIr WIMnll ... .... p1icnllity of Secllon .. UIC) to .11ow ,aIIlSlnlClIOn of . sIn9Ie lImll, rosI- I doIa....~loIofrecord. \ i A PUBLIC HEARING ... ... ..... : __ WliVer ,of ... City'. CAllle 01 . Ordlnances will lie IloId ... ~ '.... ... t-. III 7lII _In'" City \ : Commission C/lIIftIIlrS II City HIli, I 1lIII N,W. III A_. Del,., 8eIdl. I ,f_. . A _ lie IdYitId ttlIl . . l*1OIl de- cIdoS to _I .., declsioll - by IIle City CommisSion willi ""*' III ..,_"",,_lIltIis..,.1nO. such l*1OIl will ....., . record -of ..... ".,..... IIId lor lllls IM1lOR such l*1OIl l1li' ....., to -. 11111 . ....' bIllm rMcDnl Includl. ... loSl!mony IIId evidence _ wtlicl1 ... _, is III be bIsed. TIle City _ not provide .... prtpIft sucIi record. .......... to f.5. ..0105. ' ! CllY OF DELIlAY lEACH AlilOll MIcG_ HIfIl' , CIty Clerk PUILISH: loAardl M. 1995 THE NEWS ............, - .., ~,- - ., ., , 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 .' I ' - - ~ '-- ''-- -,-, _a,_ ----::- ." --.- ."- - -- -.." -. ,---- -- . .. ... . -. .' . ~. . - ,__u -' C) -- -' -'---, --'---' -- -- nO.. -'-- ----. -' ,-- -- -)' -"'-'--'-~'--- -~. ..~. -. '-. - . -+----- -- - - -- . -. -,-. '- - .: ..~ . ' , , - 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-- --, . "--- ~ ..-- ._-;-. -"'~'_. - - , , _.~. -- --.- L) , - .-_. ~~. ) -, - -- _._.~ .-.' 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 - , , - - 2 - Ord. No. 20-95 ., , ~ 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. .' 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 .' , .' 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. ., . 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] .' -- .- 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. .' . 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. ., .. ~,. . (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. .' . . . . . I 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. .. '" ~~ (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. .' . .~ 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 . . " 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: " . .' , 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 .' ., . 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 .' .' 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 .' .' 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 .' ., , . 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 '. .' ., . , 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 -, ., 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 . ., , --'-._-,-- ~~ ._-"-,~._,--.~.----~..,-,.....,~-- "'-~ _.__...- ---._- --._-_. 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 . ., _'_00_. - ~ ". ""-- - '0" ,_._, .. ""__0. "'=~'_.' ,_.,.~_o.~ ....~~_~...,__~ _ ,. ..,..~...M'_. ,.._'~'_' __.... _.".__~_____.,_ ___U"_,,_,,~~__,_,_~,,_,,,__~.._,"_,,__ ____.___..._. _~""'.,,_. . ____'o_~ 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 " I, f "', '--'."-.-'--. "--'.-., _... - ._. ~ ~~-----'-------'--'-'--- ,------ ----,---- --,----,-- --,,-, 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 ., ~ ~-, - ..- '._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 .' ., _... ,__,. 0-" ^ .. ", .~ ~, ,,"--~_. -_..-.-,-"" - ._-_.._,_.,-,---,_...,_._.,-~-.. . ~-,-,._.~-,-_..._.._-,- 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 .' .' ________. ..~_~_.. "'_"'_~'~"_'__ _~ __~.____~ ______. __,______..._..__._~._~..__..~,..__ _.... _'_"__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 , - 6 - Ord. No. 19-95 .! ..