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06-06-95 Regular , DELR~" BEACH ~ l .) II I D .. CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING tdtd JUNE 6, 1995 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. AII.America Ci; '1111 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, (10 minutes for group presentations) , The Mayor or presiding officer has discretion to adjust the amount of time allocated, A. Public Hearings: Any citizen is entitled to speak on items under this section, B, Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section, The Commission may withhold comment or direct the City Manager to take action on requests or comments, C, Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections, 2, SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item, The primary purpose of the sign-in sheet is to assist staff with recor-d 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, APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record, AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of March 21, 1995 Regular Meeting of April 18, 1995 Regular Meeting of May 2, 1995 6. Proclamations: A, National Flag Day - June 14, 1995 B, Health Unit Coordinator Day - August 23, 1995 7. Presentations: A, Dwayne Hetherington - South County Boys & Girls Club B, Kathleen E. Daley - Legislative Report 8. Consent Agenda: City Manager recommends approval. A, PARTIAL WAIVER TO LANDSCAPE REQUIREMENTS/ELLIE'S DINING AND CATERING: Grant a partial waiver of the requirement to upgrade the entire site to current landscape standards (LDR Section 4,6,16(B) (3)) for Ellie's Dining and Catering, located on the west side of North Federal Highway, approximately 1,000 feet south of Gulfstream Boulevard. B. TRAFFIC SIGNAL IMPROVEMENTS/S,W, 10TH. STREET AND SWINTON AVENUE: Authorize traffic signal improvements at S,W. 10th Street and Swinton Avenue by the Palm Beach County Traffic Unit, in the estimated amount of $21,476, with funding from 228-3162-541-61,90. -2- C. FINAL PAYMENT TO HAZEN AND SAWYER/GOLF COURSE WELLS: Approve final payment in the amount of $4,677,35 to Hazen and Sawyer for consulting engineering services in conjunction with the design, permitting and construction of Raw Water Wells #35 and #36 at the Municipal Golf Course wellfield; with funding from 447-5171-536-31,30, D, FINAL PAYMENT TO PALM BEACH COUNTY/WEST ATLANTIC AVENUE (MILITARY TRAIL TO JOG ROAD) : Approve final payment in the amount of $9,350 to Palm Beach County for utility adjustments constructed in conjunction with the County's improvements to West Atlantic Avenue between Military Trail and Jog Road; with funding from 442-5178-536-64,13, E. CHANGE ORDER NO, 4 AND FINAL PAYMENT/ALL-RITE PAVING CONTRACTORS, INC: Approve deduct Change Order No, 4 in the amount of $14,669,97 and final payment in the amount of $16,122,94 to All-Rite Paving Contractors, Inc, for completion of S.W. lOth Street Road Widening Phase I, with funding from 448-5411-538-62.42. F, CHANGE ORDER NO, 1 AND FINAL PAYMENT/SULLIVAN BROTHERS, INC, : Approve Change Order No. 1 (Final) in the amount of $14,611.05 and final payment in the amount of $23,495.82 to Sullivan Brothers, Inc, for completion of the Homewood Park Sewer Facilities project, with funding from 441-5161-536-63.51 through budget transfer from 63,90, G, AMENDMENT TO LEASE/OUALITY BROADCASTING CORPORATION: Approve an amendment to the lease between the City and Quality Broad- casting Corporation (WDBF) , extending the lease term until 2020, with adjustments to the monthly lease payment. H, AMENDMENTS TO AGREEMENT WITH TATE AND TEMPLE SINAI AND ACCEPTANCE OF DEED FROM LAKE WORTH DRAINAGE DISTRICT: Approve an amendment to the Tate Agreement to allow for the extension of the discovery date to June 16, 1995, an amendment to the Temple Sinai Agreement regarding access to the existing dump- ster, and accept a Quit Claim Deed from Lake Worth Drainage District conveying a portion of the District's easement along the E-4 Canal to the City, 1. ACCEPTANCE OF EASEMENT DEED: Accept an easement deed from Roy A, and Geraldine E. Farland for an additional easement to permit the installation of a water main between S.W. 8th Avenue and S,W. 9th Avenue within the existing alley and an existing easement, J, AGREEMENT WITH ROBERT AND LINDA ALLEN/WIGGINS ROAD WATER AND SEWER IMPROVEMENTS: Approve a Right of Entry and License Agreement with Robert C, and Linda G, Allen which will permit the City to construct the necessary water and sewer improve- ments within Wiggins Road, K, SETTLEMENT/HERNDON V, CITY OF DELRAY BEACH: Approve settlement of the referenced matter as recommended by the City Attorney, -3- L, AWARD OF BIDS AND CONTRACTS: ~~~.@, Bid award to Harrison Uniforms for Police Department 0.' uniforms, at an estimated annual cost of $40,779,25 from \0 001-2111-521-52,22, 001-2115-521-52.22, and 001-2117-521- 52,22, 2, Bid award to Rinker Materials Corporation for ready mix concrete, at an estimated annual cost of $14,137,50 from 001-3113~541-53.90. 3. Bid award - to Chemical Lime Company via Palm Beach County and Boynton Beach co-op bid, at an estimated annual cost of $247,027 from 441-5122-536-52,21, 4 , Bid award - to the low bidder Rada Enterprises, Inc, for a housing rehabilitation project through the Community Development Block Grant Program, for a total grant amount of $15,351, from 118-1963-554-49,19, (215 N,W, 14th Avenue) 5, Bid award - to Hector Turf for the purchase of a Grounds- master 325D rotary mower via Florida State Contract in the amount of $12,055, and a Sand Pro 5000 rake via GSA Contract in the amount of $8,075.98, for a total of $20,130,98 from 445-4761-572-64,90, 6 , Contract award - to Canon USA Inc, and Office Systems of Florida for the Canofile 510-3 electronic image filing system, in the total amount of $17,153; with $7,147 from 001-2113-521-44,30, $2,100 from 46,20, and $7,906 from 64,90, 7, Contract award - annual contract to various vendors for automotive parts, at an estimated annual cost of $24,462.66 from 501-3311-591-52,50, 8 , Bid award - to Gateway for one PS-100 Network Server and six Intel 75 Mhz Pentium Processors, in the amount of $19,443, with funding from 445-4763-572-64,11, 9. Bid award - to Office Pavilion for office work stations for the City Manager's office secretarial staff, in the amount of $12,078 from 001-1211-512-12.10, 9. Regular Agenda: A, REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period May 15 through June 2, 1995, B, PROPOSED LOCATION OF BEACH PATROL HEADOUARTERS -4- C, CONDITIONAL USE REOUEST/TEMPLE SINAI: Consider a request for conditional use approval to establish a private education facility (Developmental Resource Center, Inc, ) at Temple Sinai, The subject property is located at the northwest corner of West Atlantic Avenue and N.W. 24th Avenue, and is zoned CF (Community Facilities) District, D, CONDITIONAL USE REOUEST/DELRAY OUICK LUBE: Consider a request for conditional use approval to establish an oil change facility (Delray Quick Lube) within an existing structure at 765 N,E, 6th Avenue, The subject property is located at the southeast corner of N,E, 6th Avenue and George Bush Boulevard, and is zoned GC (General Commercial) , E, CONDITIONAL USE MODIFICATION/BETHEL EVANGELICAL CHURCH: Consider a request for modification to an approved conditional use to allow building expansion, room conversion and construc- tion of a stabilized sod parking lot for Bethel Evangelical Church, The subject property is located at the northeast corner of S,W, 8th Avenue and S,W, 8th Court, and is zoned R-1-A (Single Family Residential) , F, SEWER EXTENSION JOINT FUNDING PROPOSAL/LEE PROPERTY: Consider a joint funding proposal for construction of approximately 1,400 linear feet of gravity sewer main along Franwood Drive to serve the Lee property, G, RESCIND NUISANCE ABATEMENT BID AWARD AND RE-AWARD BID: Rescind bid award to Seagull Industries For The Disabled, Inc, and award to the secondary contractor and next low bidder, Walcott and Son, H, CONTRACT ADDITION (C,O, #3)/MURRAY LOGAN CONSTRUCTION, INC, : Consider contract addition (C,O, #3) to Murray Logan Construc- tion, Inc. in the amount of $7,000 for the furnishing and installation of three slabs in conjunction with Lift Station #7 rehabilitation; with funding from 442-5178-536-61,83, 1. COMPUTER UPGRADES FOR ENVIRONMENTAL SERVICES DEPARTMENT: Consider approving the purchase of upgraded computer systems for the Environmental Services Department at a cost of $42,317 with funding in the amount of $5,550 from 001-2911-519-64,11, $3,000 from 441-5145-536-66,10, and $33,767 from 442-5178-536- 64,11. J. SPECIAL EVENT APPROVAL/FOURTH OF JULY PARADE: Consider approval of a request from the Centennial Committee to conduct a 4th of July Parade on Saturday, July 1, 1995, including temporary use permit and waiver of Police overtime costs. K, APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint a member to the Downtown Development Authority for a three year term ending July 1, 1998, -5- J~~~' GRANT FUNDING FOR SANDOWAY HOUSE ACOUISITION Consider ~!(J'V' directing staff to pursue grant funding to be used for the acquisition of the Sandoway House property, M. LITTLE LEAGUE REOUEST FOR FUNDING: Consider a request from the Delray Beach Little League to assist with the cost of taking the teams to a tournament in Orlando, -10. Public Hearings: A, QUIT-CLAIM DEED TO SHERWOOD H, SHEEHAN, JR,: Consider approval of a quit-claim deed transferring ownership of a 26 ft, by 300 ft, section of Dixie Highway right-of-way from the City to Sherwood H, Sheehan, Jr, The subject property is located west of and adjacent to Sherwood Pontiac, B, CITY OF DELRAY BEACH CONSOLIDATED PLAN: Consider approval of the City's Consolidated Plan which sets forth policies for the use of Community Development Block Grant funds for the next five years, including the City's Action Plan for 1995/96. C, STIPULATED SETTLEMENT AGREEMENT/COMPREHENSIVE PLAN AMENDMENT 92-2: Consider approval of a stipulated settlement agreement between the City and the Florida Department of Community Affairs (DCA) describing the changes required to Comprehensive Plan Amendment 92-2 to bring the Comprehensive Plan into compliance with State statutes and rules, D, ORDINANCE NO, 26-95: An ordinance designating The Blank House located at 85 S,E, 6th Avenue as a local historic site, E, ORDINANCE NO, 27-95: An ordinance designating The Monterey House located at 20 North Swinton Avenue as a local historic site, F, ORDINANCE NO, 28-95: An ordinance designating the Historic Bungalow located at 24 North Swinton Avenue as a local historic site. 11. 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, 12. First Readings: A, ORDINANCE NO. 29-95: An ordinance annexing a 4.17 acre parcel of land located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue; establishing initial zoning of POC (Planned Office Center) District, and providing for a small scale land use plan amendment to affix an official City land use designation of Transitional, If passed, public hearing on June 20, 1995. -6- . B, ORDINANCE NO, 30-95: An ordinance correcting the Future Land Use Map designation from General Commercial and Transitional to Commercial Core for property located south of Atlantic Avenue on the east side of S,E, 1st Avenue and the east and west sides of S,E, 2nd Avenue (small scale amendment), If passed, public hearing June 20, 1995, C. ORDINANCE NO, 31-95: An ordinance reestablishing the SAD (Special Activities District) zoning classification for Marina Delray, located at the southeast corner of George Bush Boulevard and Palm Trail, If passed, public hearing June 20, 1995, D, ORDINANCE NO. 32-95: An ordinance rezoning properties located along the F,E,C. Railroad corridor in the downtown area from CBD (Central Business District) , in part, GC (General Commercial) District, in part, and SAD (Special Activities District) , in part, to CBD-RC (Central Business District - Railroad Corridor) , If passed, public hearing June 20, 1995, E, ORDINANCE NO, 33-95: An ordinance amending Section 4.4.13(H}, Central Business District Special Regulations, of the Land Development Regulations by deleting the special use provisions for the light industrial area along the F,E.C, Railroad corridor in the downtown area, If passed, public hearing June 20, 1995, F, ORDINANCE NO, 34-95: An ordinance amending the Land Development Regulations by enacting a new subsection 4,5,1(M}, "Tax Exemption for Historic Properties", to authorize a partial ad valorem tax exemption for qualifying improvements to historic properties, If passed, public hearing June 20, 1995. 13. Comments and Inquiries on Non-Agenda Items. A, City Manager B. City Attorney C. City Commission -7- . J<, .t',"~'1 I WHEREAS, by Act of Congress of the United States dated June 14, 177], the first official Flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3, 1949, June 14th of each year was designated "NATIONAL FLAG DAY"; and WHEREAS, the Congress of the United States has requested the President to issue annually a proclamation designating the week in which June 14th occurs as "NATIONAL FLAG WEEK"; and WHEREAS, by Act of Congress, Public Law 99-54 was passed to have the "PAUSE FOR THE PLEDGE OF ALLEGIANCE II as part of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic, and stands for our country's devotion to freedom, to the rule of all, and to equal rights for all. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim June 14, 1995 as NATIONAL FLAG DAY in Delray Beach, Florida, and urge all citizens to pause at 7:00 PM EDT on this date for the sixteenth annual "PAUSE FOR THE PLEDGE OF ALLEGIANCE" to the Flag and join all Americans in reciting the Pledge of Allegiance to our Flag and Nation, 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 6th day of June, 1995, MAYOR THOMAS E. LYNCH SEAL 10 . A ' . . :J( C-.Jt I WHEREAS, the role of the Health Unit Coordinator has become significant in the non-clinical area of health care; and WHEREAS, . the importance of this non-clinical aspect of Nursing Care is emerging as a fundamental function; and WHEREAS, the National Association of Health Unit Coordinators established itself in August 1980; and WHEREAS, said organization has established a constitution, including a Code of Ethics and Standards of Practice; and WHEREAS, an annual certification examination based on a national job analysis for competency is administered nationwide; and WHEREAS, the primary function of the National Association of Health Unit Coordinators is ensuring high quality education for this developing profession; and WHEREAS, the competencies for certification and school registries are published and reviewed on a regular basis; and WHEREAS, participation in the National Association of Health Unit Coordinators is voluntary. NOW, THEREFORE, I, THOMAS E, LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim August 23, 1995 as HEALTH UNIT COORDINATOR DAY in Delray Beach, Florida, and urge all citizens to acknowledge the importance of bringing patients back to optimal health. 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 6th day of June, 1995, MAYOR THOMAS E. LYNCH ~.5. SEAL '" . .. REQUEST FROM THE SOUTH COUNTY ~ BOYS & GIRLS CLUB TO: MR. DAVID HARDEN I CITY MANAGER OF DELRAY BEACH FROM: MR.DWAYNE HETHERINGTON /UNIT DIREOOR RE: COMMISSION MEETING REQUEST DATE: 5JJI195 PLEASE PUT THE SOUTH COUNTY BOYS & GIRLS CLUB ON THE NEXT A V AILABLE CITY COMMISSION AGENDA SLOT. I WOULD LIKE TO UPDATE THE COMMISSION ON THE STATUS OF THE CLUB AND THANK THEM FOR THEIR CONTINUED SUPPORT. FJt4<<' 1!;41L 2//-39/1 C/K 6%2-52f7 eriC'/? f/k SLo! /IA./ &EE;! /lP?j4J~j) ~f ~ / /7 . ' . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # F, A ' - MEETING OF JUNE 6 , 1995 PARTIAL WAIVER TO LANDSCAPE REOUIREMENTS/ELLIE'S DINING AND CATERING DATE: JUNE 2, 1995 This is before the Commission to grant a partial waiver of the Land Development Regulations Section 4,6,16(B) (3) "Total Landscape Upgrades" in conjunction with a development request involving site plan approval for Ellie's 50s Diner, The development proposal is to construct a 5,508 square foot building addition to accommodate a catering hall, The applicant has requested a waiver from the LDR section which deals with upgrading the entire site to current landscape standards when a modification to existing development results in an increase of 25 percent or more of the gross floor area, The waiver relates to the existing parking area at the southeast corner of the property, where a five foot landscape strip is required along the south property line and between the abutting parking tiers, Along the south property line there is a shared access drive which has existed for many years, Therefore, staff feels it would be inappropriate to provide a landscape strip, Within the existing landscape area immediately north of the existing parking area, there is a water meter, gas valve, sprinkler pump, and the access drive, Given the location of these facilities, the cost of relocating them would be prohibitive. The Site Plan Review and Appearance Board, at its meeting of May 31, 1995, recommended approval of the waiver by a vote of 6-0. Recommend approval of request for partial waiver of the landscape requirement of Section 4,6.16(B) (3) "Total Landscape Upgrades" , based on positive findings, ( r, [')'/ CITY COMMISSION DOCUMENTATION TO: DAVID T. HA~TY MANAGER THRU: ~I EZ, ~~~ DEPARTMENT OF PLANNING AND ZONING --~ ~'~ FROM: j~F ~ . COSTEllO SENIOR PLANNER SUBJECT: MEETING OF JUNE 6,1995 CONSIDERATION OF A WAIVER TO THE REQUIREMENT TO UPGRADE THE ENTIRE SITE TO CURRENT LANDSCAPE REQUIREMENTS rSECTION 4.6.16(B)(3)1 FOR ELLIE'S DINING AND CATERING . LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY. APPROXIMA TEL Y 1.000 FEET SOUTH OF GULFSTREAM BOULEVARD. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of arantina a waiver of the requirement to upgrade the entire site to current landscape standards in conjunction with a development request involving site plan approval. The development proposal is to construct a 5,508 sq.ft. building addition to Ellie's Dinner to accommodate a catering hall. The subject property is located on the west side of North Federal Highway, approximately 1,000 feet south of Gulfstream Boulevard. BACKGROUND: The project involves a 5,508 sq.ft. catering hall addition to the existing Ellie's Dinner restaurant (3,749 sq.ft.) with parking and landscaping improvements. The applicant has requested a waiver from lDR Section 4.6.16(B)(3), which deals with upgrading the entire site to current landscape standards when a modification to existing development results in an increase of 25% or more of the gross floor area. The waiver relates to the existing parking area at the southeast corner of the property, where a 5' landscape strip is required along the south property line and between the abutting parking tiers. Along the south property line, there is a shared access drive City Commission Documentation Meeting of June 6, 1995 Landscape Waiver to the Requirement to Upgrade the Site to Current Landscape Standards for Ellie's Dining and Catering Page 2 which has existed for many years. Thus, it would be inappropriate to provide a landscape strip, Within the existing landscape area immediately north of the existing parking area, there are an existing water meter, sprinkler pump, and gas valve. Thus, in order to provide the landscape strip between the parking tiers, relocation of these items would be necessary. The cost of relocating these facilities would be exorbitant. Given the location of the existing facilities (Le. water meter, gas valve, sprinkler pump) and the access drive, staff is supportive of the waiver request. REQUIRED FINDINGS: Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the City Commission shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The development proposal will greatly improve the appearance of the property and provide for redevelopment along the North Federal Highway corridor which has been desired for many years. All other applicable provisions of the landscape code will be followed throughout the remainder of the site. A waiver of the requirement will not create an unsafe situation, diminish the provision of public facilities, or constitute a special privilege. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: At its meeting of May 31, 1995, the Site Plan Review and Appearance Board recommended approval, by a vote of 6-0 (Sheremeta stepped down) of the waiver to LOR Section 4.6,16(B)(3) (Total Landscape Upgrades), to not provide the required 5 foot wide landscape strip along the south property line and 5' landscape strip within the parking tier along the south property line. There was minimal discussion by Board members regarding this particular item. City Commission Documentation Meeting of June 6, 1995 Landscape Waiver to the Requirement to Upgrade the Site to Current Landscape Standards for Ellie's Dining and Catering Page 3 RECOMMENDED ACTION: By motion, approve the waiver request to LOR Section 4.6.16(B)(3) (Total Landscape Upgrades) to not provide the required 5' landscape strip along the south property line and within the parking tier at the southeast corner of the site based upon positive findings with respect to Sections 2.4.7(B)(5)(a) - (d), and pursuant to SPRAB's recommendation. Attachments: 0 Reduction of Site Plan 0 Letter of Request T:CCELLI E.DOC C r'vto;;lH ~Q i3r<" C AVl1H~lrl ~c:::1ad ,.--;L C""_~' ~ ...--- -~ ~ JJ J ~ ~ . ~ ~~ \:; ~& I ~ () ~ I L ~\;i .( ill [ ;~~ I " ~a - ~~ ~ : ~3 g , i r. ~ <>+0 -~ _ ,b'l-<c' r- .I' ~' ,~ ~l ~~~! 0 Ih . .~ ' ,'CIcIo >.-0 ~ ,E.:> I ,~1Il ' dl&- ! ~; ~d'1W " '-?L~~ ; , >" i 'c . . I ,qj ,01",' ~<h m'~ 1 ,~ '\ I ,"t . .. ,O',n . .. , .~r:.~ i.'ll _ <;"1~ ".il ~ ' U" . -"~""~ . · .~ ' _ r A ;;l"?oat1 ~ U . y. [ t.. r"- ~ I '____ __LV , I r- I , I .- I ~. I I I I ~ i ' ~ a, I I i I pN " _, . ,0,,", O' I : ' ,'0: i ~ [. Q : -, .. I -;i - "" !, J--' " L,I~ . , . " , , ' .' . I _________ .-------J \ )... '<It'" \'I1n \ \'I <3"'<\ 0'- . -- ..- "-' -' . '-'. .... May 10,1995 Mr. J.tf Cottello SetUor PJIDnef .- tOONW htAve Dolray BeIoh, Fl 33444 .~ .. '. Re: Ell1ea Dell Site PIn MocItflatloll : BelIef".. no. Mr. CoItolJo, TbIak you IDd tbc other stafl'meaabm bmJlwd Ia.. review ofb impRJwmeaIa at Ellies Deli. Upou revfewof the TAC ~ there ~ 2 itemI Uere we requtJe relief ftom the IItandIIrds set forth by the ZonfDa Code. 1'bete m= IS foUows: 1. Due to the existing sbared JlCCeSS drive wllicb spIllS the South property line It tI2e Southout comer of'1be poperty we reqaesudier tom Section ... 6. 16 .@) (3), wbich aequires a $' laocIsape Sbip ~. adjacent properties partms lIeU wIleD property upsrades aWect more tbaD 2$% oftbe site. 2, An existing water meIer.lpriDkJer\llJve.1Dd bIekIIow pev_.. Iooated witbiD tho existifta putdft8 area at the SoU1beast comer oftbe pmperty prew:at the ~~n of the roquired " )~ strip ~ the eJCistms abuUinJ tien of" 8pICeI. We can provide tile requirecl uland It tile end oftbe 1bis tier. This ccmdi.tion requires reUd ftom Seetion ".6. 16 .(B) (3), U well. We believe thi. pI'OposaJ r.-entla ......... impnmment to the area aad the items where Uefbu been reqUleSled I1'e ~le, Please coasidet supportfOS our ~ S. ) , . <<- Steve Myott, Architect ~m(clEnWlEID) 2657 NB 4th St. Boynton BeadI. F1 33435 (407) 7)6.3'64 MAY 11 \995 PLANNI~G & ZONING MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 55.5 - MEETING OF JUNE 6. 1995 SIGNAL IMPROVEMENTS/S.W. 10TH ST. AND SWINTON AVENUE DATE: JUNE 2, 1995 This is before the Commission to authorize traffic signal improvements at S.W. 10th Street and Swinton Avenue by the Palm Beach County Traffic Unit to bring the intersection into compliance with the County Standards. Due to the widening of the road, the existing signals must be reconfigured to provide maximum exposure to oncoming traffic, and the detector loops within the pavement need to be replaced. Recommend approval of traffic signal improvements at the S.W. 10th Street/Swinton Avenue intersection by the Palm Beach County Traffic Unit, in the estimated amount of $21,476, with funding from Decade of Excellence Phase II - S.W. 10th Street (Account No. 228-3162-541- 61.90) . Agenda Item No.: ;.13. AGENDA REOUEST ~ Date: March 25. 1995 Request to be placed on: --K-- Regular Agenda _____ Special Agenda Workshop Agenda When: June 6. 1995 Description of item (who, what, where, how much): Palm Beach Countv Traffic Unit has submitted an estimate for traffic sianal imorovements at the intersection of S.W. 10th Street and Swinton Avenue in the amount of S21.476. These imorovements are reauired in order to brina the intersection uo to Palm Beach Countv standards. due to the recent pavement widenina construction on S.W. 10th Street. The fundina source for this work is from the Decade of Excellence account no. 228-3162-541-61.90. ORDINANCE/RESOLUTION REQUIRED: YES@ DRAFT ATTACHED YES€) Recommendation: sianal imorovements for S.W. Oth Street Department Head Signature: Determination of Consistency with comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO Funding alternatives 1J A Account No. & Description Ro~~~ Account Balance'" 30 '3 City Manager Review: ~/?-l/'r Approved for agenda: tj/NO {/~l Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved File: Project No. 91-68 (D) AG168525.MRM H DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden city Manager FROM: C. Danvers Beat~~ city Engineer ~ DATE: May 25, 1995 SUBJECT: S.W. 10th street - Phase I project No. 91-68 (S.W. 10th street & Swinton Ave. Intersection) Enclosed is an agenda request and an estimate from Palm Beach County Traffic Unit for signal improvements to the referenced intersection. Included in the estimate are two concrete poles, eight signal heads, one pedestrian signal, wiring, pavement detector loops and miscellaneous equipment. These improvements are required to bring the intersection up to County standards. Due to the widening of the road, the existing signals must be reconfigured in order to provide maximum exposure to oncoming traff ic. Also, the detector loops within the pavement were removed during construction and have to be replaced. Based on our discussions with the Palm Beach county Traffic Unit, Engineering staff had roughly estimated the cost of the signal improvements to be $35,000 (see attached estima te) . Pa 1m Beach County I s recent estima te , based on the anticipated construction and material cost, is for $21,476. If acceptable, please place this item on the agenda for the regular Commission meeting on June 6, 1995. The funding source is Decade of Excellence account no. 228-3162-541-61.90. DB:KB:mm enclosures cc: Joseph Safford, Finance Director File: Project No. 91-68 (D) DB168525.MRM '''I Ii . . SW 10th Street and SW 10th A venue . . . BID TAB TOTALS E~i'/ S\f~:,:r;;~JJt~ii~..L ORIGINAL ESTIMATE DESIGN ESTIMATE ACTUAL BID BALANCE r:~ I~~' 1 i PH '0: t~E SW 10TH AVENUE: ROAD CONSTRUCTION ..... , ~ '"-,: I ~. j _v ~"334-3162-541-61.89 ACG(lUNT~BA~CE $ 305,596.00 j\i..- v ~_i 'ij ...fWI $ 300,000.00 $ 267.345.00 $ 210.981.25 Pavmg Drainage $ 50.000.00 $ 52,020.00 $ 56.020.00 Total SW 10th Avenue Road Construction $iZ67~Q01;?5< $ 38.594.75 SW 102;H AVENUE MAIN TRUNKlINE: STORM WATER UTILITIES 8 ...,.~ 448-5411-53 -xX.xx ACCOUNT BALANCE $ 103,635.00 Drainage Trunkline $ 100.000.00 $ 103,635.00 $ 75.995.00 Total SW 10th Avenue Storm Water Utilities >$)... 79i~9!i\QQ< $ 27,640.00 SW 10TH STREET: DECADE OF EXCELLENCE (PHASE II) 228-3162-541-61.90 ACCOUNT BALANCE $ 1,451.248.00 SW 10TH STREET: Paving $ 675.000.00 $ 672,110.00 $ 629.740.75 Drainage $ 127.000.00 $ 90.170.00 $ 130.601.00 Sub-Total Paving & Drainage $ 762.280.00 $ 760,341.75 RAilROAD CROSSINGS: FEC Railroad $ 100.000.00 $ 146.894.00 $ - CSX Railroad $ 100,000.00 $ 255,950.00 $ - Sub-Total Railroad Crossings $ 402.844.00 $ - TRAFFIC SIGNALS: Swinton Ave. $ - $ 35,000.00 $ - SW 10th Ave. $ 50.000.00 $ 60.000.00 $ - Sub-Total Traffic Signals $ 95.000.00 $ - Total SW 10th Street Decade of Excellence (Phase II) $ 760;341;75 $ 690.906.25 SW 10TH STREET: RENEWAL & REPLACEMENT 442-5178-536-61.90 ACCOUNT BALANCE $ 54.871.00 Water & Sewer $ 150,000.00 $ 69.075.00 $ 72,790.00 Total SW 10th Street Renewal & Replacement $ 72,79<W>Q< $ (17.919.001 SW 10TH STREET MAIN TRUNKlINE: STORM WATER UTILITIES 448-5411-538-62.42 ACCOUNT BALANCE $ 260.000.00 Drainage Trunk/ine $ 453.000.00 $ 235,960.00 $ 290.950.00 Total SW 10th Street Storm Water Utilities $ ....29()~~50.9() $ (30.950.00) Total SW 10th Street & SW 10th Avenue Bid .~., ~ ,: -:)~.;'.~~.~.;'2:r~=-: <~.:. " . MAY-10-1995 16: 18 22222222222222222 407 478 5770 P.02/03 SW/SE 10tb AVE & SWINTON AVE I OLD DIXIE HWY ITEM NO. OTY COM". CODE UNIT DESCRIPTION FIORI PRICE SUBTOTAl 102-A ,. 16aa2-000-00u-l37 Hie MAINTENANCE O~ TRArFiC :SEE F ~ 1 110.00 280.00 e SPECiAl ~ru NOT[ NO.id) ... ~. 632-1"'21 , 968~2.00Q-OOO-Oll PI SIGNAL CA&~E {SPAN LENGTH F & I 1,507.00 1,507.00 RANGE ~ 450' - 475') t.32-1-~0 j 9~S92-0uv-OO~-O!~ PI ?t~ESTRrAN SIGNAL CABLE F ~ j 549.00 5~9.00 (SEVEN C~NOucro~) 632-1-19A , g68a~-Oov-000-idO 0; PEDESTRiAN Sj~NAL CAelf (FOU~ ~ {\ i 535.0(: 535.00 . , . CONDi.l(:!OR) 6~4-i-121 1 96882-000-000-020 01 SPAN WIRE ASSEMBlw (SPAN r & I i (321.(:1) j ~ ~2 j .0'1 , . LENGTH RANGE: d50' - d751} 63171"'1.13 1 ~6B82-0(1(~"'OOl)-028 .~S tLtGT~!CAL P~~ER StRVICE ~ ; i 34i.OO 34B.00 (OVERHEAD) ,,4i-14-SG 2 9bo$2-DOO-O~Q-D3~ tA 38' CLASS V CONCRETE POLE F ~ j 1:507.00 3.010:1.00 ~.51)~1 ~l~l ~ ~&e$~.voo~QQO~05D ~S 3-5ECTin~ AlU~jNU~ F ir I %~.l)O ~,5l)a.OD SIGNAL kEAD (I~"l ~5j"111 l. 9b8S~wOOO-OOO-D66 ~w 121 PEDESTRIAN SIGNAL r & I 3~2. {;O 7 g, .00 ,,~ HEAD (i ~~n 653-112 \ 96882-000-000-0&7 AS 12" PEDE81RI~N B1DN~~ ~ & 1 794.00 7&~.:)~1 HEAn (Z wAY} ~.i,O.12~ ~ 96S82-uaO-OOO-C71 E~ DETECTOR A~PLIFltR WITH r -~ I 13.1.00 262.00 HARNESS (NURMAL} obQ-!2B 10 '~t.**2w:)(I(1 -(,100.0 n EA DETECTOR AMPLIFIER WIT~ r .~ ! ISd.OO 1.511Q.GO ~A~~E3S (DtLAy/~QRMAL) 6~(t"13A " ~be$2-Qoo.OOO-07a EA D~TECTOR LGOP & LEAD~!N WI~E F .~ 1 260.00 1~300,OI) '.' (26; QUADRI?OLE) t.60-t:!B . 96882-000-00Q-075 EA DETfCTOR lOOP & lEAD-JN WIRE F & J 271. ;jO 1.597.00 (46' QUAOKrpULE) 665-11 d 96582-000-000-082 EA P(~ESTRIAN D~TECTij~ F & I ~1~,(J(l ZO&.oo \ FUSHBUi'rGH 'j 690-10 J 9l>~l32-t)l)(l-(1l::O~ 114 [A REMfiVE TRAFFIC SI&NAl R~I'!(;\lE 1S.I:IO 45 d}O HEAD ASSEH~L~' 690-1 v(~ ~~*$2.QOO-vOO~:2a O' REMOVE HISCELLANEGUS W!I)\I( ~7.00 97.00 . , 1 SiG~RL EQUIP~ENT ,~,90-80 ! ~6882-CcO-oOc-:2~ t~ REMOVE SPAN WIRE ASSEMBlV REMOVE 97.00 9i.I}O ;:MII' 1 . ' . MAY-10-1995 16: 19 22222222222222222 407 478 5770 P.03/03 SW/sr 10th AV~ I SWINTON AVE I OLD DIXIE HWY ITEM MO. QTY COM". CODE UlfIT DESCRIPTION ELJU. PUCE SUBtOtAL 6'~O-'10 1 96862-000-000-123 ... MEr.GVE C~BLI~G ; CaN~UIT ilEMVt Q7.0(l '17.00 rl i!5-n-13 1 '16882-000-000-i31 PI COH?LETE 5T~EEi LIGHT INSj, F & I 1~ 707.0i) 1~ 7(:i.~t) (3 STREET lIGHiS) ~..~-..._----------- Total: 21,476.00 -----.---.-.--.----- TOTAL P.03 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # f'. e . - MEETING OF JUNE 6. 1995 FINAL PAYMENT TO HAZEN AND SAWYER/GOLF COURSE WELLS DATE: JUNE 2, 1995 This is before the Commission to approve final paYment in the amount of $4,677.35 to Hazen and Sawyer for consulting engineer- ing services in conjunction with the design, permitting and construction of Raw Water Wells #35 and #36 at the Municipal Golf Course wellfield. As noted in the material from Environmental Services, additional construction cost was incurred due to the erroneous location by the consultant of the permanent generator and fuel tank in the Well #36 zone. PaYment in the amount of $29,500.00 for backcharges has been received from Hazen and Sawyer. Recommend approval of final paYment in the amount of $4,677.35 to Hazen and Sawyer, with funding from the 1991 Water and Sewer Bond - Professional Services (Account No. 447-5171-536-31.30). ~~ CTn ~ _.=c-='"r \t"~' Agenda Item No. <; .(!., AGENDA REQUEST Date: 5/23/95 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: 6/6/95 Description of item (who, what, where, how much) : Staff requests Commission approval of final payment to Hazen and Sawyer in the amount of $4,677.35 for consulting engineering services regarding Golf Course Wells #35 and #36. Construction is complete; with invoices, including this final submittal, totalling $82,388.00, corresponding to the total contract authorized by the City Commission. We are also in receipt of payment from the consultant in the amount of $29,"500.00 for backcharges resulting from generator location errors at Well #36 site. Payment is from Purchase Order #507762, funded from Account #440-5179-536-63.52 (1993 W&S Bond, Golf Course Wells). ORDINANCE/RESOLUTION REQUIRED: l~S/NO DRAFT ATTACHED l~S/NO Recommendation: Staff recommends approval of final payment to Hazen and Sawyer. DEPARTMENT HEAD SIGNATURE: ~. ~ $ /Z5!Q5 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds) : Funding available~/NO Funding alternatives U Account No. & Descript.tor:. Account Balance '/ City Manager Review: >1'd"lf1r Approved fo: agenda: G/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: ~Richard C. Hasko, P.E. , Dep. Director, Public Utilities SUBJECT: FINAL PAYMENT - HAZEN AND SAWYER GOLF COURSE WELLS #35 & 36 (PN 92-024) DATE: May 24, 1995 Attached is an agenda request with a copy of a final invoice from Hazen and Sawyer in the amount of $4,677.35 for consulting engineering services regarding design, permitting and construction of Raw Water Wells #35 and #36 at the City's Municipal Golf Course. Construction, final testing and certification is complete. Invoices, including this final submittal, total $82,388.00, corresponding to the total contract approved by the City Commission. In addition, we are in receipt of payment from Hazen and Sawyer for backcharges in the amount of $29,500.00 (copy attached) imposed due to construction costs incurred by the erroneous location of the permanent generator and fuel tank in the Well #36 wellfield zone. Final payment will be made from Purchase Order #507762, funded from Account #440-5179-536-63.52 (1993 W&S Bond, Golf Course Wells) . RCH:cl cc: William Greenwood Victor Majtenyi File: 92-024 ( D) '. . cr~ -2~r. HAzEN AND SAWYER Hazen and Sawyer, P. C. 2101 Corporate Blvd. Environmental Engineers & Scientists Boca Raton, FL 33431 407 997.8070 Fax 407 997-8159 ,,\ r-~ ~<;)\ y ~\~,\(( . ,,&~'o.. . . 'l. 1.. November 16, 1994 ~~'\ CITY OF DELRAY BEACH ACCOUNTS PAYABLE 100 Northwest First Avenue Delray Beach, Florida 33444 project No. 92-24 H&S Job No: 4093 Purchase Order No. 507762 INVOICE NO. 24 Task Order No. 9 ........................................................................ ........................................................................ DESIGN, PERMITTING, AND CONSTRUCTION OF PRODUCTION WELLS AT THE GOLF COURSE WELL FIELD. For engineering services for the preparation of contract documents and part-time construction supervision, as per Contract dated April 1, 1992. For the period ending October 31, 1994. CONTRACT AMOUNT AMOUNT EARNED THIS PERIOD AMOUNT PREVIOUSLY EARNED AMOUNT REMAINING CITY OF DELRA Y BEAC ENVIRONMENTAL SERVICES DEPARTMENT PAYMENT R::VIEW o APPROVED ~L PAYMENT [] NOT AP~;ROVED INAL PAYMENT P.O.#: S"d 7;:z..6 ~ ~-~1q-r;;~b -~'I;" BUDGET ACCT.#: ~ ~y. rS.'7.' -". I l( By: (SIGNATURE) (PRIN~ ~ I fMTE: - II 2- z..- 9f' I -- -.,.. - --', ..." - --.-..----,.-.~-.....- . i ~ .-_... .'. .- New York, NY . Armonk, NY . Upper Saddle River, NJ . Rale'ilh, NC . Chatlotte, NC . Richmond, VA . Hollywood, Fl . Boca Ralon. FL . Fort Pierce, FL . Jupiter, Fl . Miami, FL . Bogola, D.E. Colombia HAzEN AND SAWYER Hazen and Sawyer. P.C. 2101 Corporate Blvd. Environmental Engineers & Scientists Boca Ralon, FL 33431 407997.8070 Fax 407 997.8159 May 17, 1995 Mr. Richard Hasko CITY OF DELRAY BEACH 434 South Swinton Avenue Delray Beach, Florida 33444 Golf Course Wells 35 & 36 City of Delray Beach ~ Closure and ReImbursement Dear Mr. Hasko: In order to complete project closeout and as stipulated in our November 11, 1994 letter to the City of Delray Beach regarding Change Order No.2 to the above project. please accept the enclosed check in the amount of $29,500 as full and complete reimbursement for the cost of the generator and fuel tank relocation. See attached letter. We regret the Palm Beach County ERM permit modification oversite which led to this additional expense. Should you require any additional support information, please call me. Very truly yours, copy w/enclosure: W.H. Greenwood A.F. Sykes 4093-7.1.2 4093L033.BCA New YOlt, NY . Armonk, NY . lJ\lper Saclllle River, NJ . Ralel9h, NC . ClIIfIoIte, NC . Riehmonll. VA . KoIlywooll. fl . 80Q l\aIon. Fl . fort Plelce, fl . Jup\\et, fl . Miami, fl . Booola.O.E Colombla . j . HAzEN AND SA\WER HAZEN AND SAWYER, P.C. For Professional Services rendered through October 31, 1994. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PROFESSIONAL PERSONNEL HOURLY CLASSIFICATION HOURS RATE TOTAL None this period. Total Labor 0.00 SUBCONTRACTORS Geraghty & Miller, Inc. - 09/14/94 9,960.00 Geraghty & Miller, Inc. - 09/14/94 900.00 Resource Management International, Inc. - 09/16/94 564.00 11,424.00 lOt Administrative Fee 1,142.40 Total Subcontractors 12,566.40 Total Billable This Invoice 4,677.35 REIMBURSABLES None this period. Total Reimbursables 0.00 TOTAL THIS INVOICE 4,677.35 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # J.D - MEETING OF JUNE 6. 1995 FINAL PAYMENT TO PALM BEACH COUNTY/WEST ATLANTIC AVENUE (MILITARY TRAIL TO JOG ROAD) DATE: JUNE 2, 1995 This is before the Commission to approve final paYment in the amount of $9,350 to Palm Beach County for utility adjustments performed in conjunction with the County's improvements to West Atlantic Avenue between Military Trail and Jog Road. Funding in the amount of $66,783 was originally approved by the Commission for this project. However, $53,948 was deducted because the planned relocation of an existing 12 inch water main became unnecessary. The County's plans were revised to reflect the maintenance of existing road grades, eliminating the need to relocate the main. Recommend approval of final paYment in the amount of $9,350 to Palm Beach County, with funding from Renewal and Replacement - West Atlantic Avenue Water Main Relocation (Account No. 442-5178- 536-64.13) . ~ ern ~ - - . Agenda It.. Bo. t. /) AGBNDA REOUEST Date: OS/25/95 Request to be placed on: t~ XI Regular Agenda special Agenda Workshop Agenda When I 0'/0'/95 Description ot it.. (who, what, where, bow aucb): Staff requests Commission approval of final payment to Palm Beach County in the amount of $9,350.00 for utility adjustments constructed ~n conjunction with the County's improvements to West Atlantic Ave. from Military Trail to Jog Road. Total proj ect cost is $12,835.00. Total contract authorization was $66,783.00 for a final deduct amount of $53,948.00. Deduct was a result of construction scope reduction. Funding is from P.O. #534842, account #442-5178-536-64.13, R&R - W. Atlantic Ave. WM Relocation. ORDIHAHCB/RBSOLUTIOB RBQUIRBD: J_,/BQ D~T A'1"1'ACBBD J_,/BQ Reco_endation: staff recommends approval of final payment to Palm Beach County. ~ sjz.shJ DBPAR'1'II1lJIT BEAD BIGlm1'1lllll. '. _ ~. w... Determination of consistency witb Coaprebensive Plan: city Attorney RevieW/Recommendation (it applicable) Budget Director Review (required on all it_s involving expenditure of tunds): Funding availabl~BO PuDding alternatives A Account Bo. , Descript on Account Balance.f 3?-~ B-. DO City Manager Review: Approved for agenda: ~'/NO ['101 Bold Until: / Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '.. I - -' MEMORANDUM TO: David T. Harden FROM: City Manager ~~ Richard C. Hasko, P.E. Deputy Director of Public utilities SUBJECT: FINAL PAYMENT TO PALM BEACH COUNTY WM ADJUSTMENTS, ATLANTIC AVE., MILITARY TRL. TO JOG RD.: PN 91-028 DATE: May 25, 1995 Attached is an agenda request and a copy of invoice #2 from Palm Beach County in the corrected amount of $9,350.00 for utility adjustments performed in conjunction with the county's improvements to West Atlantic Ave. between Military Trl. and Jog Rd. Project invoices including this final request total $12,835.00. Funding was approved by city commission in the amount of $66,783.00 resulting in a final deduct amount of $53,948.00. The reason for this large deduct amount is the deletion of a plan requirement to relocate an existing 12" water main in this section of Atlantic Ave. County plans had originally proposed a change in the roadway profile which, in turn, required relocation of our existing water main. The county's plans were subsequently revised to reflect the maintenance of existing road grades. This alleviated the need to relocate the water main and has resulted in the substantial final deduct amount. Funding is from account #442-5178-536-64.13, R&R - W. Atlantic Ave. WM Relocation with payment from P.O. #534842. RCH: jem c: William H. Greenwood f: 91-028 ," B~ard 'ot"County' Commissioners r ~ ,?~~bY z...- County Administrator Ken L. Foster, Chairman .0. S3b .(gq.\~ Robert Weisman Burt Aaronson, Vice Chairman ~. ~ c.Hz,-5/7f- Karen T. Marcus Carol A. Roberts ell--- Ov~ Department of Engineering ~~ Warren H. Newell and Public Works Mary McCarty Maude Ford Lee May 23, 1995 City of Delray Beach 434 South Swinton Avenue Delray Beach, Florida 33444 Attention: Mr. Richard C. Hasko, P.E. Deputy Director of utilities RE: Joint project funding agreement West Atlantic from Jog to Military Invoice number: 88540A&C-002 Gentlemen: Please consider this a request for paYment for expenses incurred during the period March 31, 1995 through April 30, 1995 for work on the above project. Work through April 30, 1995 $ 12,835.00 3c.f6'5'. to ~ Less previous paYments $ .99 Total currently due $ lJ,8Je.QQ 1,~t;o, (.Q ~ Please draft a warrant in the amount of $12,835.00 payable to the Board of County Commissioners and forward to: cashier Engineering and Public Works Dept. P. O. Box 21229 West Palm Beach, Florida 33416 Sincerely, ~~ Evelyn Al en, Director Administrative Services attachments cc: Cashier (acct numb = 360-361-0458-6994) "An Equal Opportunity - Affirmative Action Employer" @ printed on 'ecycI&d paper Box 21229 West Palm Beach, Florida 33416.1229 (407) 684-4000 '. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJJ<1 SUBJECT: AGENDA ITEM # <t. e . - MEETING OF JUNE 6. 1995 CHANGE ORDER NO. 4 AND FINAL PAYMENT/ALL-RITE PAVING CONTRACTORS. INC. DATE: JUNE 2, 1995 This is before the Commission to approve deduct Change Order No. 4 in the amount of $14,669.97 and final paYment in the amount of $16,122.94 to All-Rite Paving Contractors, Inc. for completion of S.W. lOth Street Road Widening Phase I project. Funding is available from Stormwater Capital Outlay - S.W. 10th Street (Account No. 448-5411-538-62.42) . Recommend approval of Change Order No. 4 and final payment to All-Rite Paving Contractors, Inc. ~ on ~ Agenda Item No. 3'.F' AGENDA REQUEST Date:May 31, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When:June 6, 1995 Description of item (who, what, where, how much) : Staff requests City Commission approval of Change Order #4, a debit in the amount of $14,669.97 and Final Payment in the amount of $16,122.94 to All-Rite Paving Contractors Inc. Funding is from Account #448-5411-538-62.42. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff requests approval of debit amount $14,669.97 ~~~. final payment of $16, ~~~ll-i7te Paving Contractors, Department head signature: '" ~ ~;'/75 Af Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): Funding available: @NO Funding alternatives AlIA (if applicable) Account No. & Description~-5lfl/ -738 -fo~,lf;J...~~ ~ cAfiw. 9w lont >i) Account Balance#~o/ 79~.rll PO1/:. 5;;Q034- ' 16tt~ bId,,; r;- Ci ty Manager Review:_, Approved. for agenda: ~/S/NO 171/1' Hold Untll: G l Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ., , Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction DiVisiO~ Date: Ma y 31, 1995 Re: Change Order No. 4, Final - S.W. 10th st Road Widening- Phase I - Project 91-68 Plus/Minus As-Built Quantities Attached for Commission approval is an agenda request for Change Order #4, Final to All-Rite Paving, Inc. for the above referenced project. It reflects the final as-built field measure quantities at the Contract unit prices. The amount of Change Order #4, Final is a net deduct of -$14,669.97. Approval is also requested for final payment to All-Rite in the amount of $16,122.94 for this project. A Contractor Evaluation is attached for your review. Funding is from Account No. 228-3162-541-61.90 (Decade of Excellence - Ph II). File: Memo to City Manager 91-68D A: 9168memo " ~ ,. . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER #4 & FINAL PAYMENT PROJECT NO. 91-68 DATE: PROJECT TITLE: SW 10th Street Road Widening - Phase I TO CONTRACTOR: All-Rite Paving Contractors Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Changes per Schedule "A" Attached SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $443,074.50 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $166,999.10 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $610,073.60 COST OF CONSTRUCTION CHANGES THIS ORDER -$14,669.97 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $595,403.63 PER CENT INCREASE THIS CHANGE ORDER -3.3% TOTAL PER CENT INCREASE TO DATE 34.4% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit competitive bidding. All-Rite Paving Contractors, Inc. (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Servo 448-5411-538-62.42 SW 10th st Main DEPARTMENT FUNDS BUDGETED CODE SOURCE DELRAY BEACH, FLORIDA By its City Mayor RECOMMEND: By: William H. Greenwood, Director Thomas E. 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'cv c - o >- :E CII .a ~ :v lir 'i c>> Qi ~ 1il c - c c a: c - 8 :;:::~ e ~ 1 - OI- l! ~o .51.1 ll..ll..: .~ fa I! ~ ~ Q. ~ ~.~ l3 ~ ~ ~ ~ 8 CII OIl- (/) c- ~ 1.1 .2 llit: ~ s~ II! ..9! ~ '5i 0 .a &;B 8 'ii !l! ~ 5 ~.5 {ij 6 < 0 (/).5s: 'i ~.- CII o ~ ~ ~ Iii .- ~ :;::: ~" ll..iSll..:""~~(/)(/)~ ""' :;f !P:>o_o&l ll..~~~ b!c'3-;E~ ~:;::: i g ~~~(/)~ c:: CII~ ::~~~~ (") (/) ... 8 ~ ~ ~ a 5 .g ~ ~ ~ 'It 0 . 1-1-...... OOIllXXX I I I I I ... - ~ :!:~~~u;~;:a;;:a;lR I I I ~ !l! . ~ < Q. o '0 CII CII C (/) ~ N 1! nI :;::: _ c3 (/) 1il '" " , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 'I. P. - MEETING OF JUNE 6. 1995 CHANGE ORDER NO. 1 AND FINAL PAYMENT/SULLIVAN BROTHERS. INC. DATE: JUNE 2, 1995 This is before the Commission to approve Change Order No. 1 (final) in the amount of $14,611.05 and final payment in the amount of $23,495.82 to Sullivan Brothers, Inc. for completion of the Homewood Park Sewer Facilities project. Schedule "A" references the final as-built quantities, and includes miscellaneous delays in the main installation and repairs needed due to unforeseen existing utilities encountered at the Clearbrooke and Woodlake subdivision entrances, as well as a conflict with an existing telephone cable. Funding is avail- able from Water and Sewer - Sewer Mains (Account No. 441-5161- 536-63.51) through budget transfer from Water and Sewer - Other Improvements (Account No. 441-5161-536-63.90) . Recommend approval of Change Order No. 1 (final) and final payment in the amount of $23,495.82 to Sullivan Brothers, Inc. for completion of the Homewood Park Sewer Facilities project. ~ on ~ Agenda Item No. i.~ AGENDA REQUEST Date:May 31, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 6, 1995 Description of item (who, what, where, how much) : Staff requests City Commission approval of Change Order #1, a net add amount of $14,611. 05 and Final Payment of $23,495.82 to Sullivan Brothers, Inc. All of the quantities/amounts are itemized per Schedule ~A" attached. Funding is available in Account #'s 441- 5161-536-63.51 (New Capital Sewer Mains) transferred from 441-5161- 536-63.90 (New Capital Other Improvements) per attached budget transfer. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff requests approval for a net add amount of $14,611.05 and Final payme~95.~ S/JI/C,;f It Department head signature: r~ lb> Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): Funding available:~NO Funding alternatives (if applicable) Account No. & DescriptionLf/fI-5i61-153t,-t.3.SJ(W+S. LN,iAL. I~v'~~~~) Account Balance~9'~Lf, 77 Poi/.:. ff";;'~pLfO . . /5: /2lJ,do - bvll)tf1::r '7'Y€I'ttv'J'fi=1e. hn1kl'/tl) City Manager Review: I Jdr~v ' 6/tf1r Approved for agenda: BSINO t7~'1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ," Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Divis'~n Date: May 31, 1995 /rVL Re: Change Order No.1, Final - Homewood Park Sewerage Facilities - Project 93-30 Plus/Minus As-Built Quantities Attached for Commission approval is an agenda request for Change Order #1, Final to Sullivan Brothers, Inc. for the above referenced project. All of the quantities/amounts are itemized per Schedule "A" attached. The amount of Change Order #1, Final is a net add of $14,611.05. Schedule "A" references the final as-built field measured quantities at the Contract unit prices. It also includes miscellaneous delays in the main installation and repairs due to unforeseen existing utilities encountered at the Clearbrooke and Woodlake subdivision entrances; and a conflict with an existing telephone cable with the new main installation parallel to Homewood Blvd. Approval is also requested for final paYment to Sullivan in the amount of $23,495.82 for this project. A Contractor Evaluation is attached for your review. Funding is available from Account No. 441-5161-536-63.51 (New Capital Sewer Mains) transferred from 441-5161-536-63.90 (New Capital Other Improvements) per attached budget transfer. File: Memo to City Manager 93-300 A: 9330memo '. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER #1 & Final Payment PROJECT NO. 93-30 DATE: PROJECT TITLE: Homewood Park Sewerage Facilities TO CONTRACTOR: Sullivan Brothers, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Changes per Schedule "A" Attached SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $154,923.50 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $154,923.50 COST OF CONSTRUCTION CHANGES THIS ORDER $14,611. 05 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $169,534.55 PER CENT INCREASE THIS CHANGE ORDER 9.4% TOTAL PER CENT INCREASE TO DATE 9.4% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit competitive bidding. Sullivan Brothers, Inc. (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER 5: Environmental Servo 441-5161-536-63.J1 Capital Sewer Mains DEPARTMENT FUNDS BUDGETED CODE SOURCE DELRAY BEACH, FLORIDA By its City Mayor RECOMMEND: By William H. Greenwood, Director Thomas E. 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I.> ~5 .....<m~~<mv~~~~~O.....N ~v~~~ c~ NNNN~~ ............... ......................... 0- o '. c!\' \ l'" RECEIVED i'" [ITY DF DELAAY BEA[H MAY 3., 1995 CITY MM""~~'c:' nCfICF. CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F LOR IDA ........ AII.America City MEMORANDUM " II'~ DATE: May 31, 1995 1993 TO: David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Lease with Quality Broadcasting The original Lease with Quality Broadcasting (WDBF), was for a term of twenty-four (24) years (or until June 4, 2004). The consideration for the original Lease was twenty- four dollars ($24.00), and the swap of certain property which resolved an encroachment of the Golf Course property on WDBF property. The new amendment to the Lease extends the Lease until 2020. The amendment, further provides for payment of rent in the amount of one thousand dollars ($1,000.00) In advertising per month commencing June 4, 1995 for a five year period, and for the payment of five hundred dollars ($500.00) per month, (or $1,000 in advertising if the City so chooses) for every subsequent month thereafter, adjusted for inflation. Hopefully, this clarification is sufficient. If you need anything further, please call me. I am attaching the original Lease and the Amendment to the Lease to this memorandum. Please place the amended Lease on the June 6, 1995 City Commission agenda. Thank you. SAR:ci Attachment quality2. sar @ Printed on Recycled Paper f.G. 0' . . :0,.";'--- _4,_", -_._-- .- AMENDMENT TO LEASE This Amendment to Lease is made and entered into in duplicate this 4th day of June, 1995 (the effective date) by and between the City of Delray Beach, a Florida Municipal Corporation (Lessor), and Quality Broadcasting Corporation, a Florida Corporation (Lessee) . WITNESSETH: WHEREAS, the Lessor and Lessee entered into a Lease dated June 4, 1980, which expires June 4, 2005; and, WHEREAS, the Lessee requests an extension of the lease term. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, the parties agree as follows: 1. Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. ~. The Lease as amended shall expire June 4,2020. 3. P~ent. The Lessee shall pay to the Lessor five hundred dollars ($500.00) per month commencing June 4, 1995, and by June 4th of each succeeding month thereafter; provided, however, during the first five years of this Amendment to the Lease, (until June 4, 2000) the City shall accept in lieu of the five hundred dollar monthly lease payment, radio advertising with a market value of one thousand dollars ($1,000.00) per month, non accruable. The $1,000.00 dollars in the form of advertising shall be calculated pursuant to the market value of said advertising as set forth in Lessee's published rate cards in effect for the year in which the advertising will run. If Lessee fails to provide said advertising as set forth above, '. '. . . '-.-.~ --. .-,- +----.__. through no fault of the Lessor, then the Lessee shall pay to the Lessor five hundred dollars ($500.00) in addition to the advertising that may have already run in any given month. 4. AdjustmentslNotice. Commencing on June 4, 2000, Lessee shall pay an amount to Lessor which reflects the original $500.00 payment adjusted by the Consumer Price Index. The adjustment shall be based on the "All Urban Consumers - United States" April Consumer Price Index (C.P.I). The payment will be adjusted annually from the prior year for each subsequent year thereafter. The C.P.I. adjustment shall reflect the actual C.P.! percentage increase or decrease, however, the C.P.!. adjustment shall not equal more than a five percent (5%) increase or decrease over the previous year's C.P.!. adjustment rate. The Lessor shall give Lessee by May 4, 2000 and on May 4th each subsequent year, notice of the anticipated amo.unt of the adjusted Lease payment due commencing June 4th for each succeeding month in any given year. The Lessor, in its sole discretion, may elect to accept for any subsequent five year period (commencing June 4, 2000) in lieu of payment as set forth above, advertising with a market value (as defmed in Paragraph 3 herein) in an amount equal to double the amount of the adjusted payment due. Lessor shall give Lessee 30 days notice prior to the commencement of any subsequent five year period, of its election to accept payment or to accept payment in the form of advertising with a value of double the amount of any payment due as adjusted yearly by the Consumer Price Index. 5. Termination. This Lease shall be terminated immediately if the Lessee shall become insolvent, bankrupt, or make an assignment for the benefit of creditors. The Lessee shall have the right to terminate the lease upon sixty days written notice to the Lessor. In the 2 " . - - ,~"--- . event of termination by Lessee, Lessee shall provide to Lessor a lump sum equal to twenty- four (24) months rent as last previously adjusted by the C.P.I. referred to in Paragraph 4. 6. Use of Premises. Lessee shall use said premises only for the purpose of maintaining and operating the radio transmitting towers and customary operations in connection therewith; except, however, the height of the towers shall not exceed 233 feet. 7. Assignment. This lease may be assigned with the consent of the Lessor, whose cO,nsent shall not be unreasonably withheld. 8. Incorporation. All other terms and conditions of the Lease entered into by the parties in June of 1980 shall be deemed incorporated herein and binding on the parties hereto, unless expressly modified by this amendment to Lease. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Lease on the date first above written. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Approved as to Form and Legal Sufficiency: City Attorney 3 . ' ----- " . WITNESSES: QUALITY~~ASTI~6~ ~' -kf ~-- ,/~;0~ ,//;Z~ / / I{ It- T H '-J g I'f<-, / LJ c. p (Type or Print Name) ~k (Corporate Seal) J e PF ..e Li DtJ J..j:J}./ . (Type or Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this /6 day of '-JJ ? VL-:J,;.J , 1995 by vJ c rc fil- /1/1, ~f/ Ie; 11 T (name of officer or U agent, title of officer or agent), of q]/ A-J.. I /II i!J r2l)/r/) c/J-c;T/AJ~ (name of corporation / acknowledging), a F 1-tJ R I fLIf- (state or place of incorporation) corporation, on behalf of the corporation. He.l8he is personally known to me/or has produced (type of identification) as identification. Name of radio.agt 4 ,. , I . LEASE THIS LEASE, made and entered into in duplicate this r{f-- day of June, 1980, by and between the CITY OF DELRA Y BEACH, a municipal corporation, hereinafter called the "Lessor", and QUALITY BROADCASTING CORPORATION, a Florida corporation, hereinafter called the "Lessee". WIT N E SSE T H: That for and in consideration of the covenants hereinafter contained on the part of the Lessee to be observed and performed, the Lessor hereby leases to the Lessee, and the Lessee hereby hires and takes from the Lessor, the following described property in Section 18, Township 46 South, Range 43 East, in Palm Beach County, Florida, to-wit: That part of the Northeast Quarter of the Southwest Quarter lying South of State Road No. 806, less the West 230 feet; and that part of the West half of the Southwest Quarter of the Northwest Quarter of the Southeast Quarter lying South of State Road No. 806 and West of the Drainage Canal E-4 as may be necessary for the erection, operation and maintenance of two radio transmitting towers, together with con- necting underground co-ax cable, which towers and cable are located in the approximate site shown upon the sketch attached hereto and made a part hereof; RESERVING, however, to the Lessor herein, the right to use, operate and maintain all the above described lands for golf course and recre- ation area, as will not interfere with Lesses.s said operation (which towers are to be located in the golf course roughs in such manner as will not interfere with play); for a term of twenty-four (24) years, commencing on the date hereof and ending twenty-four (24) years from said commencement date, at a rental of $24.00 for said term, payable in advance, in installments of $1.00 per year, for which Lessor hereby acknowledges receipt of rental for the first year. THIS LEASE IS MADE AND ACCEPTED upon the following terms, covenants and conditions: 1. The Lessee shall maintain the two radio transmitting towers, which have been built upon the site shown upon the attached sketch, in accordance with Federal Communi- cations Commission regulations. Such improvements shall be at the sole expense of the Lessee, and Lessee covenants and agrees to indemnify and hold Lessor harmless against any and all claims for labor and materials furnished in the construction or maintenance thereof. Such improvements shall remain the property of the Lessee at the expiration of this Lease. 2. The Lessee shall carry and pay for all liability insurance or other insurance incidental to the operation of the radio transmitting towers on the premises, and will indemnify and save Lessor harmless from and against all loss, liability or expense that may be incurred be reason of any accident resulting from Lessee's operations that may occur on said premises during the term. '. . 3. Lessee will use said premises only for the purpose of maintaining and operating the radio transmitting towers and customary operations in connection therewith. 4. Lessee further covenants not to suffer any unlawful, improper, or offensive use of the premises, or any use or occupancy thereof contrary to the laws of the State of Florida, or ordinances of the City of Delray Beach, Florida. 5. The Lessor, its agents, visitors, invitees and guests may use the premises in and around the transmitting towers for maintenance and the playing of the game of golf in such manner that it will not interfere with the use of the premises by the Lessee as a radio transmitting tower site. 6. All property that at any time may be on the premises during the continuance of this Lease shall be at the sole risk of the Lessee, and the Lessor shall not be liable to the Lessee, or any other person, for any injury, loss, or damage to property or to person resulting from such operations of Lessee. 7. Lessors shall pay all real estate taxes and assessments normally assessed upon the land, excluding any tax for improvements placed thereon by the Lessee as hereinabove provided for. Lessee agrees to pay all personal property taxes, licenses and occupational taxes as may be imposed against it. 8. If either the Lessor or the Lessee shall fail to perform, or shall breach, any agreements of this Lease for thirty days after a written notice specifying the performance required shall have been given to the party failing to perform, the party so giving notice may institute action in a court of competent jurisdiction to terminate this Lease or to compel performance of the agreement. 9. This Lease shall be terminated immediately if the Lessee shall become insolvent or bankrupt, or make an assignment for the benefit of creditors. 10. This Lease shall be binding upon the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, each party has caused this Lease to be signed in its duly authorized officers, and its corporate seal to be affixed this 11'- day of June, 1980. Witnesses: CITY OF DELRA Y BEACH /;) .-" IDb )~1J:;{,~1 By a~ n-M) // )~A./ ~-) Attest: -d'~'/AJ/::Z ~~ , , -2- '. .' . . . Witnesses: QUALITY BROADCASTING CORPOZ ~-Lbf - By ~ rn4 Attest: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, th!,! undersigned authority, personally appeared l.1':'"AJ M. k/~lF,Kt!!cr . and G't./~A~rH A,ifA/At/ of the City of Delray Beach and acknowledged that they are the appropriate City Officials qualified to execute the foregoing Lease and that they have executed said Lease for the purposes therein expressed. SWORN TO AND SUBSCRIBED before me this !/& day of June, 1980. duAuJ U~/A~~~nd NOtary Public State of Florida at Large My Commission expires: .,. """ie, S'al~ el Flollda at l~' (SEAL) ~mlsslon bplfP~ Al"i128. 1 er--.. f... to_" eo....., STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared President and , Secretary of QUALITY BROADCASTING CORPORATION, and acknowledged that they are the appropriate officers qualified to execute the foregoing Lease and that they have executed the said Lease for the said purposes therein expressed. SWORN TO AND SUBSCRIBED before me this _ day of June, 1980. Notary Public State of Florida at Large My Commission expires: (SEAL) -3- '. ' .. . 200 0 200 400 'tj ...,--- SCALE IN FEET -- .---.. - -_.- -'- r I< ETC. ,., '. " -----~-- II [IT' DF DELRA' BEA[H CITY AnORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH. FLORIDA 33444 FACSIMILE 407/278.4755 Writer's Direct Line: (407) 243.7091 DELRA Y BEACH . lOR I D A. lI:e:d AII.America City MEMORANDUM , ~ III! DATE: May 23, 1995 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Amendment to Lease Between the City and Quality Broadcasting COl:poration Attached please find an amendment to the lease that currently exists between Quality Broadcasting Corp. (WDBF) and the City which extends the lease term until 2020 or fifteen years more than the current term. The lease sets forth a $500.00 per month lease payment commencing June 4, 1995 provided that in the first five years in lieu of the $500.00 monthly lease payment, the City will accept advertising with a market value of $1,000.00 per month. The lease payment commencing June 4, 2000 shall be adjusted by the Consumer Price Index which shall not increase or decrease more than 5 % over the previous year. In the second five year period commencing June 4, 2000, the Quality Broadcasting Corp. makes payments to the City adjusted for inflation or the City, in its sole discretion, may elect to accept in lieu of any payments advertising in an amount double the value of the lease payment as provided above. By copy of this memorandum to David Harden, I am requesting that he place this Amendment to Lease on the consent agenda for City Commission approval on the June 6, 1995 agenda. ~ / Attachment cc: David Harden, City Manager Alison MacGregor-Harty, City Clerk Vie Knight, WDBF quality 1. sar @ Printed on Recycled Paper '. '. .f'" /\/ /)L ) [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRAY BEACH F lOR I D ^ ....... AII.America City MEMORANDUM "II'(~ DATE: May 25, 1995 1993 TO: City Commission FROM: David N. Tokes, Assistant City AttomeP SUBJECT: Amendments to Agreement with Tate and Temple Sinai and Acceptance of Deed From Lake Worth Drainage District At the Commission meeting of May 16, 1995, the Commission approved several agreements between the City, Stanley Tate, Excel Development Corp., and Temple Sinai. There has been a request for two amendments to the agreements which require Commission approval at this time. The two amendments are as follows: 1. Excel Development Corporation has requested an additional 30 days to complete its discovery and due diligence. As a result, Paragraph 3 of the Addendum to the City-Tate contract should be amended to extend the discovery period to June 16, 1995. All other references to the discovery period will reflect this date change. 2. The agreement between the City and Temple Sinai needs to be amended to specify that as part of the site improvements to be completed on the Temple property, that an access drive will be provided in order to insure access to the existing trash dumpster. This amendment is reflected in Paragraph 2 of the attached Addendum to the contract between the City and Temple Sinai. Our office would recommend that the Commission approve the amendment to the Tate contract to allow for the extension of the discovery date to June 16, 1995, and amend the Temple contract to provide the installation of access to the existing dumpster. As a separate item, the Lake Worth Drainage District offered the attached Quit-Claim Deed to the City. The Deed conveys a portion of the District's easement along the E-4 Canal to the City. As part of the agreements approved on May 16, 1995, the City agreed to convey this land to Excel. Prior to conveying the land; however, the Commission needs to accept the deed. @ Printed on Recycled Paper ?t/- '. , " City Commission May 25, 1995 Page 2 Therefore, the Commission should accept the Lake Worth Drainage District Quit-Claim Deed for a portion of the E-4 Canal right-of-way west of the canal. By copy of this memorandum to David Harden, our office requests that these three issues, amendment to the Tate Agreement, amendment to the Temple Sinai agreement and acceptance of a Quit -Claim Deed from Lake Worth Drainage District be placed on the City Commission June 6, 1995 consent agenda for approval. Please call if you have any questions. DNT:smk Attachments cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk amend.dnt . , " From: Vance & Done~ PHONE No. : 407 684 5544 Ma~.24 1995 2:30PM P01 M"IDIDUII ':1:0 CO.'J:JtAC'J! POR SALII: MID PUllCIUUI, ThiB Addendum to Contract for 8ale and Purchas. by and between TEMPLE SINAI OF PALM BRACH COUNTY, INC. (Seller) and CITY OF DRLnAY PEACH (Buyer). In addition to t.he terms and oonditione of the Contract for Sale and ~urchase by and between Seller and Buyar, the parties agree as follows: 1. It ill unclerstood and aoknowledged by Seller that Buyer is purchaein9 this property in conjunction with the settlement of a oert.ain lawsuit styled Tate vs. city of Delray BeRch, CAlle No. 93-5198 AI. This lawsuit. involve. adioining land. to the north of the Temple property. This Contraot i. therefore subject to and contingent upon th. settlement of said lawsuit. In the event said lawsuit is not settled prior to the cloDing date s.~ fort.h below, Buyer, in its sole discretion, may elect to terminate this agreement and the escrow depoeit made hereunder ghall be returned to Buyer. In the alternative, notwithstanding the fact that the above-mentioned lawsuit ie not settled, Buyer, in its Bole discretion, may elect t.o proceed to clo.ing upon t.he term. and condition. hereof. Buyer shall notify Seller of its decision to either terminate the contract or proceed to c10.1n9 within thirty (30) days of the scheduled clo_1n9 date. In the event this Contract does not proceed to closing because of t.he failure of set.tlement of the above-referenced lawsuit and Buyer further elects to not prooeed to Closing hereunder, Buyer's option t.o purchase ag get forth in the Reservation Agreement dated May 21, 1993 shall remain in full force and effect as set forth thorein. 2. In addit.ion to the purchage price set forth herein, Buyer shall, at it.s sole expense, provide those site improvement. in accordance wit.h Paragraph 4 of that Reservation Agreement between Buyer and Seller dated May 27, 19'3 including the providing of a suitable driveway access to the existing dumpster on the Seller's site. This provision shall survive clo.ing of t.it.le. All guch site improvements shall be done to Cit.y of Delray Beach code specifications and Seller shall not be responsible for any cost. relatod to the game. 3. Seller specifically acknowledge. that thi. Contract is ..signable to Excul Development Corporation, or nominee, provided Buyer shall remain financially responsible for all site improvements required by that Reservation Agreement between Buyer and Seller dated May 27, 1993. 4. Seller agreHM to permit. Buyer, or its assignee or nominee, to have II.CCeBI!l to the property for ongine6ring and .urveying prior to olosing. 5. Closing will occur on or before January 10, 1996, or five (!5) days atter Excel Development:. Corporat.ion obtain. p6rIllU:. to record a plat for the propert.y to the nort.h of the Temple property, whichever is Booner. Closing shall be held at the Law Offices of Brackett., Cook, Sned, Welch, Hewi~t., D'Angio and Tuoker, P.A. at. 218 Datura Street, West Palm Beaoh, Florida. Braokett, Cook, Sned, Welch, Hewitt, D'Angio and Tuck~r will furnish owner's title insuranoe at Buyar's expense. Buyer, or its aosignee or nominee, shall be responsible for all recordin9 fees, inclUding documentary stamps, and the oost of 11.11 owner' s t.it.le insurance polioy. TEMPLB SINAl: OJ!' PAIoM DBACH! COUNTY, INC. Attest: By: Secret.ary Pre.idDnt CITY OF DDLRAY BBACH Atte.t, By' City Clerk Mayor Approved ... t.o for.." Cit.y Attornoy 05/24/95 WED 14:25 /TX/RX NO 5609] '. RETURN TO: LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, FL 33484 PREPARED BY: MARK A. PERRY, ESQ. 50 SE Fourth Avenue Delray Beach, FL 33483 QUIT-CLAIM DEED Doc. No. 4927 THIS QUIT-CLAIM DEED, executed this ~ day of J(J/~ . 1994 by LAKE WORTH DRAINAGE DISTRICT, a Special Taxing District, existing under the Laws of the State of Florida, and having its principal place of business at 13081 Military Trail, Delray Beach, Florida 33484, First Party, to: CITY OF DELRA Y BEACH, whose mailing address is 100 NW First Avenue, Delray Beach, Florida 33444, Second Party: (Whenever used herein the tenn -Flrsl Party" and -Second Party~ Include singular and plural, heirs. legal representallve:. and assigns of Individuals. and the successo~ and assigns of corporations. whenever the conlext so admits or requites.) WITNESSETH, That the said First Party, for and in consideration of the sum of Ten ($10.00) Dollars in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF GRANTOR reserves unto itself a perpetual drainage easement, unencumbered, except for the existing asphalt road, together with the right of reasonable ingress and egress thereto, for purposes of canal maintenance and related purposes, including but not limited to, the excavation, removal of vegetation, irrigation, canal, drainage district, sluice ways, spoil deposit, water control structures, berm and area for maintenance and deposit, utilities, and other related purposes, on, over, upon, under, and across that property described in Exhibit "A" attached hereto and made part hereof. TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First Party, either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever. IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. LAKE WORTH DRAINAGE DISTRICT A Special Taxing District BY: (1_ k ~rl.l ).._~.-..~. C. Stanley, eaver, President Signed, Sealed and Delivered 13081 Military Trail In the Presence of: Delray Beach, FL 33484 a~,J xl ~_ :,~\ Witness Signature :~ ....' (;. I ~ \ R"~hdl rd 5 Whet:./,'/",,/ '" .. \" I Printed N me of Witness , (SEAL] ; .,: ; ~ 1 i Witness tnature " \. ~. I .. . - C!.A.rl> IA) e.o...no II~,';:/ /',' Printed Name of Witness ", '. '. . I " ~ STATE OF FLORIDA COUNTY OF PALM BEACH : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared C. STANLEY WEAVER and WILLIAM G. WINTERS, the President and Secretary, respectively of the LAKE WORTH DRAINAGE DISTRICT, known to me, and who did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the n day of -=r", I~ 1994. ~ (' uJ t A-1I..AAJ-J ~RY PUBLIC \ CtA.vn) W (flJ1n^\ t Printed Name of Notary State of Florida OFFICIAL NOTARY SEAL My Commission Expires: CAROL W CONNOLLY NOfARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC248887 cllwdd\loom.Qal MY COMMISSION EXP. AN. 5,1997 " ~ f{/P/1f/ {/#I/ A ~IIfT /Jt:1cf/ ;?f!. ~t?I-I-I \. ~.e: {'t:?~,(/c-K' d/-- ~ L~7- 1/ /N~ 1'/ /, i;~ . ,t/"-4A" p',r/ /FA ~ ,Pur gdt11! ~i1,. r:'tftj~~ EXHIBIT "A" ~ ~t't/Ol L/Nt"' ",.c- M.I I , ';7. 5~ / ~ I ~4'.~// ~ ~ 5e9t?44'5~/'E .AI. "9 t? ~ ~ /5' e''tv: "'- ~ ;t't1 /.AI / t1 r- I ,'" --~ ~---- t!l~tF/.vA//A/G ,"-l ~ ~ I '\ ~ ~ ~ ~ ~ ~ 'i\ ~' l\J I ~ ~ ~ ~~ ~~ ~,~/~ ~ \ ~ - ---- ~~! I~'~ ~~ \J ":I ~"'~ ~~ ~ ~~ I", ~ I'-~ \: IJ\ \) " ~~~ ~ ~ ~ ' ~ '\.J \.i " \\. I '" \.l Q ~ \,~l\ - ----- "t ~ ~ ~ 0: :. ---- --- ~ !!\ ~~'" ~ d ~ I ~ ~~~~ .Z ~ ;! ~ \ ;1/ [. ('tJ Il ,(IeI<.' CF,c' L -4 F /, ~"-J'\\; ~ Ii! 9~&Ki'~ ~~/I"L~ f 't ~~"~ ~~~~ \J '\ '" \: -f'd/II ~\.\~ ~. ~ ~ L"'(/t: "'F ~~~~ L"'r /t? I ~ . ~ ~ ~ ~ , ~ ,I.f\ " "\ ~ \i\ ~ h \ ~ I ~' ~ ~ ,'1.1 ~ ~ ~.~ ~,~~~ ~ ~~ \ ~" ~ \~ 'f\ ~ , ~ ~ ~ ,\t\ ~' ~ ~ I .~ "'- ~ ~ \ ~ . ~ '" ~ \\~ ~ ~ ~ . = C N ~ U ~ 'I,'~ \; ~ I\j ~ ~ 1\ -1110 ~N ~' ~ ~ ~~~ $ ~ -zit ~~ ~~~ . ..z. i ~ i ;~! ~ i \J\~ I ~ ,"'-I ~ ~ oil! -I ~ \~ ~ ----- ~ ei'- ! ~ .. :5 ___ ~ b ~ ~ 0 ~ ~ ~ ;l! ~D ~ ~~ ~ 011 ~ ( I' ~ (;) _ 0 I '$0 : ~i i l ~~. , ~ '" - : =ii~ ~ ~ om ~ · ~ . '3,/!J ,II"E' ~ - !.(6f{f- . . 1. 1/,~1 ~ u~ ~~'t., #tJt~~ r' a}ie A(J ~Of.p ~ 9 .Zi ~I d( rt /l-() EJ,1tJ,i 1, I~' ~ -I " .. M ~ ~f 1t'~e7 f'tA ( \r\ a III tI f' ~ "l ii~ f' a~ <:.\ "' . , . , . , ., O'BRIEN, SUITER & O'BRIEN, INC. Land Surveyors . ..~ 1Ml N. rFDrRAl HIGIfW^Y DHP.A'l' 276.A50l OFlR^ Y IIEM:Il, FLORIDA 334e~ II0YNTON 731.3179 EXHIBIT "A" JULY 21, 1994 DESCRIPTION: THAT PART OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 1, SUDAN UNIT A, AS RECORDED IN PLAT BOOK 28, PAGE 144 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S.89044'58"E., ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 1, 41.52 FEET TO THE POINT OF BEGINNING; THENCE S.11058'04'W., 1400.06 FEET TO THE NORTHEAST CORNER OF THE PLAT OF REPLAT OF PART, BREEZY RIDGE ESTATES, AS RECORDED IN PLAT BOOK 24, PAGE 116 OF THE PUBLIC RECORD~ OF PALM BEACH COUNTY, FLORIDA (SAID NORTHEAST CORNER BEING 20.00 FEET NORTH OF THE NORTH LINE OF LOT 10, REPLAT OF PART BREEZY RIDGE ESTATES AND 15.00 FEET EAST OF THE EAST LINE OF LOT 11, REPLAT OF PART, BREEZY RIDGE ESTATES); THENCE S.8028'41''W., ALONG THE EAST,LINE OF SAID PLAT AND ALONG THE EAST LINE OF THE 15 FOOT ALLEY AS SHOWN ON SAID PLAT OF REPLAT OF PART, B~EEZY RIDGE ESTATES, 688.40 FEET; THENCE S.oo59'19"E., ALONG THE EAST LINE OF SAID PLAT AND ALONG THE EAST LINE OF SAID ALLEY, 199.58 FEET TO THE NORTH RIGHT OF WAY LINE OF STATE ROAD 806 AS SHOWN IN ROAD PLAT BOOK 3, PAGE 28 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N.11031'41''E., ALONG SAID NORTH RIGHT OF WAY LINE, 25.15 FEET TO A LINE 24.00 FEET EAST OF AND PARALLEL WITH THE SAID EAST LINE OF THE PLAT REPLAT OF PART, BREEZY RIDGE ESTATES; THENCE N.oo59'19"W., ALONG SAID PARALLEL LINE, 190.08 FEET; THENCE N.8028'41''E., ALONG A LINE 24.00 FEET EAST OF AND PARALLEL WITH THE SAID EAST LINE OF THE PLAT OF REPLAT OF PART, BREEZY RIDGE ESTATES, 685.68 FEET; THENCE N.l105B'04"E., 1404.31 FEET TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 1, BLOCK 1, SUDAN UNIT A; THENCE N.89044'58'W., ALONG SAID EXTENSION, 24.51 FEET TO THE SAID POINT OF BEGINNING. SHEET. 2 OF 2 ORDER NO. 92-226 ".4 '" . '. i'l{ \.., l"/( I [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH F lOR I D " ~ AIJ.America City MEMORANDUM , ~ III! DATE: May 30, 1995 1993 TO: City Commission FROM: David N. To1ces, Assistant City AttorniJ SUBJECT: Acceptance of Easement From Roy and Geraldine Farland - Water Main Improvements - S.W. 8th Avenue to S.W. 9th Avenue The attached easement will permit the City to install an 8-inch water main between S.W. 8th A venue and S. W. 9th A venue within the existing alley and an existing easement. The alley and original easement are not aligned perfectly, and as a result, this additional easement is necessary. Therefore, acceptance of this easement from Roy and Geraldine Farland is recommended. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Dan Beatty, City Engineer Alison MacGregor Harty, City Clerk farlandl.dnt g.r. @ Printed on Recycled Paper '. " -- , '" -'.... '.._-~ ~. . ". . -.-~..- . . . . Prepared by: RETURN: David N. Tolces, Esq. City AUorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 BASEMENT DEED TillS INDENTURE, made lIlis .1rd. day of ~.~' 1995, by and between ROY A. FARLAND and GERALDINE E. FARLAND, am rri couple, wbose address Is 728 Avenue Chaumont, Delray Beach, Florida 33445, party of the first part; and the CITY OF DELRAY BEACH, 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of Ute second part: WITNESSETH: That Ute party of the first part, for and In consideration of Ute sum of Ten ($10.00) Dollars and oUter good and valuable considerations to It In hand paid by lite said party of Ute second part, Ute receipt of which is bereby acknowledged, does hereby grant, bargain, sell and release unto the parly of Ute second part, its successors and assigns, a right of way and perpetual easement Cor Ute purpose of: installation and maintenance of public utilities wiUI full and free right, liberty i and aulllorlty to enter upon and to install, operate, and maintain sucb utilities well under, across, Uuougb and upon, over, under or wlUrln Ule following described property located in Palm Beach County, Fiorida, to-wit: See Attached Concomitant and coex.tenslve wlUt Utis right is Ule CurUler rlgbt In Ule party of Ute second part, its successors and assigns, of ingress and egress over and on Ulat portion of land described above, to effect Ule purposes of Ute easement, as expressed hereinafter. That Uds easement shall be subject oniy to Ulose easements, restrictions, and reservations of record. That Ule party of Ule first part agrees to provide for the release of any and all mortgages or liens encumbering Utis easement. The party of the rust part also agrees to erect no building or effect any oUler kind' of construction or Improvements upon Ute above- described property. Party of Ule first part does hereby fully warrant Ule titie to said iand and will defend Ute same against Ute lawful claims of all persons whomsoever claimed by, Uuough or under it, Umt it has good right and lawful auUtority to grant" Ule above-described easement and that tbe same is unencumbered. Where Ule context of Ulis Easement Deed allows or permits, the same shall include tbe successors or assigns of the parties. IN WITNESS WHEREOF, Ute parties to Utis Easement Deed set Uteir hands and seals Ute day and year first above wriUen. WITNESS #1: r.-- ~~ / K-P- lit ..c ,J &Ul-ffe (name printed or typed) '. , . , ;;#~j ;L ~ J lllE-fl- (name printed or typed) WITNESS #1: ~ ~~ k.ev;", ,T ~(D-tte . (name printed or typed) zt;~dg' IVl~ Ji /2lE.,L (name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH .r' milt The foregoing instrument was acknowledged before me this _ day of-Fcl..ul11', 1995, by ROY A. FARLAND and GERALDINE E. FARLAND, who are personally known to me/or-have-pwdm:ed (type of identification) as identi- fication and who did (did-tt6l) lake an oath. r~~u- .j)~ Signature f Nolary Publi - Slate of Fiorida " Cfl+/'-'p,J' nP '-r~ le.J~ Print, Type or Stamp N of Notary Public ~t-9.Y P,,~ O'~,\L NOTAIlY HAL iV1l OA""IIlI'" lNOL." , OO.......IOM NU....1l eell4o.. \~ 0, ..;I IIY OOIlIlIIl/ON IX', : 2 . . . . . . DESCRIPTION OF EASEMENT: TIIAT PART OP TIIB SOUTII SO FEET OF TIIB NORTII 19S FEET OP TIIB BAST 147 FEBT OP TIIB EAST IIALP OP LOT 9, SECTION 17, TOWNSIIIP 46 SOUTII, RANGB 43 BAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO TilE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGB 4 OF THB PUBLIC RECORDS OP PALM BEACII COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCB AT TIIB NORTIIWEST CORNER OF THB SAID SOUTH SO FB6T OP TilE NORTH 19S FEET OF THB BAST 147 FEET OP TilE EAST IIALF OF LOT 9, SECTION 17: TIIENCE S.O.OO'OO"B., ALONG TIIB WEST LlNB OP TilE SAID SOUTH SO FEBT OP TIIB NORTII195 PE6T OP THB EAST 147 PEET OP THB EAST HALP OP LOT 9, SECTION 1" 10.00 FBET TO THB POINT OP BEGINNING; TIIENCB S.89'0I'40"B., ALONG A LlNB 10.00 PE6T SOUTII OP AND PARALLEL WITH THE NORTH LlNB OF TlIB SAID SOUTII SO FE6T OP TlIB NORTH 19S FB6T , OP TIIB BAST 147 PB6T OP THB EAST IIALP OP LOT 9, SECTION 11; 10.00 FEET; TIIENCE S.4S'29'10"W., 14.02 FEBT TO TIIB SAID WEST LlNB OP TIIB SOUTII SO FBET OP TIIB NORTH 195 FE6T OP THB BAST 141 FEET OF THB BAST HALP OF LOT 9, SECTION 17; THENCB N.O'OO'OO"W., ALONG SAID WEST LINE, 10.00 FEET TO THE SAID POINT OF BEGINNING. 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" Ii'/I ~T 'fI1~' "''''d~~ ~ . /./,vE" "./'- Il ~ _I = . IUij;j~ \ f ItJr 9 t! ~ I ~. ~ ~ I!!r -f} S.1f/./JiO'A VE. -- I ~ ~ ~ ~i~~ M R" .... J .j . '~:'. " ~ 16~~ * :;1 ~ " ~ ~ !i~ . I ... ~~ ~ ~ . ~. .. ~\. t\~ d8~ II:- ~l\~ ~... N ';C I = ,>\~ ~ ~.~ ~f' I B '. Ii m .~ ~, ~ ~ ~6! ~ ~ I.. ~ ~ ~ ~ a!... ". ft" II"" ~~ ~~. ~~i '.'f:i:lr: ~ ;. · '0 ., '" b . ,1'-1' ~ ~ \', ... fl., "il) . . "... . ... ,." ~ .' ~.:.'.' .~..I:" d~ ' ~ :i! . "'.4 .. "I( (/ L^ ) EIT' DF DELRR' HEREM CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH F lOR IDA ........ AlI,America City MEMORANDUM , ~ III! DATE: May 30, 1995 1993 TO: City Commission FROM: David N. Tolces, Assislant City AttonIf. SUBJECT: Agreement Between City and Robert and Linda Allen - Wiggins Road Water and Sewer Improvements The attached agreement between the City and Mr. and Mrs. Allen will permit the City to construct the necessary water and sewer improvements within Wiggins Road. The agreement will require the City to return the Allen's property to the condition the property was in prior to construction. This includes driveway repair and the replacement of a mango tree, if necessary. Approval of the agreement is recommended. Please call if you have any questions. DNT:smk Attachment cc: David T. Har4en, City Manager Dan Beatty, City Engineer Alison MacGregor Harty, City Clerk aIIen.dnt @ Printed on Recycled Paper f:J. '~I ' . , ~""">'~ . '" ~.~ ~_'.- ,.. _". '" ......:.." ........t...._~ .'_ . t, - RIGHT OF ENTRY AND LICENSE AGREEMENT FOR WATER MAIN AND SEWER LINE CONSTRUCTION PROJECT: Wiggins Road Water and Sewer Construction PROJECT NO. 95-041 PARCEL NO. 12-43-46-08-21-000-0140 PROPERTY OWNER: Robert C. and Linda G. Allen 605 Wiggins Road Delray Beach, Florida 33447 THIS AGREEMENT entered into this _ day of , 1995, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY), and ROBERT C. ALLEN and LINDA G. ALLEN, referred to as (OWNER), provides as follows: WHEREAS, the CITY desires to complete water main and sewer line construction and/or modifications associated with the above-named project, which is located at the property described below; and, WHEREAS, the City has determined that the improvements are necessary to protect the public health, safety and welfare; and, WHEREAS, in order to complete said pavement and drainage construction, it is necessary for the CITY to enter upon and perform various construction tasks on the following described property: See Attached Exhibit "A" and; Page 1 of 3 . - ' .- -.. - ....... ..---.... ..~_..~ ~ ~, 4h- - ., WHEREAS, as part of this project, the CITY will return the disturbed area to like or better condition than prior to construction, and replace the concrete driveway adjacent to the said construction area. NOW, THEREFORE, in witness of the above and in consideration of the CITY agreeing to conduct the aforesaid restoration, OWNER hereby grants unto the CITY, their employees, agents, contractors, sub-contractors, and/or assigns the license the right to enter upon said land of OWNER for the purpose of constructing the project. 1. The above-stated recitals are incorporated herein as if fully set forth herein. 2. It is further agreed that the license and rights granted herein shall cease upon completion and finalization of the contract which said work is performed. 3. The City agrees to remove the mango tree located adjacent to the easement in the event it is determined to be dead within one year from completion of construction. The determination shall be made by the City's Horticulturist. 4. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. z::: 1 Uf/~ - Ot!et~ By: "'.. ~' , , /~/l-- B() {\ (\ \ e.. A Lb.e, rt Robert C. Allen (Name Printed or Typed) ~~ t~S~() (Name Printed or Typed) Page 2 of3 ," -~ -- - -- .~ ,.::"Il!f_. :Jf' ".- -'.. .... ~.'.-" ._-....-~. ..-.~_.,_.-.._-,. ~... .'--.. .. "'.~..~ '__...r........_....~"'".,.... ._. ,. . . . STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowl 1995, by ROBERT C. ALLEN, 0 IS -- as identification. _._--. - OF Signature of otary Public- CAROL N UURN~ i\IOTARY r:J::t:.: ~T^T2 CHI n,OKltlt\ ::(j~ JJ COMMl~~WJU NO, G<MiJ.l!,i!# MY COMMi'e:Ji.JN mw {,;p,lt iLj~,,;n WITNESSES: ~4,_ ..A!f ~..~~~_."._~ ~[~~ . Linda G. Allen (Name Printed or Typed) ~01~~fJ (Name Printed or Typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged befor ~ day Of~, 1995, by LINDA G. ALLEN, who is ersonally known to me _ h produced as identification. - Signature ofNolarj Public- State of Florida CITY OF DELRA Y BEACH, FLORIDA ATTEST: By: City Clerk Thomas Lynch, Mayor Approved as to Form: City Attorney . Page 3 of3 . - _...--..:........... .-.L ~~ .. -~... ....- - _=_~c.,_ .~. ...4_= --- -_._, ,-. ~" - ~.. .._......._.._.. ..... u~<~~."......_~.,.__.._'... -.. ., , .. .~___'-._,,_.........~~oN-..__ . . .. . LEGAL DESCRIPTION A parcel of land in Section 8, Township 46 South, Range 43 East in Palm Beach County, Florida, being more particularly described as follows: The South 20.00 feet of the East 175.00 feet of the Southwest quarter of Lot 2 of the subdivision of said Section 8 as recorded in Plat Book 1., Page 4 of the Official Records of Palm Beach County, Florida. The above described parcel contains 0.080 acres, more or less. EXHffiIT "A" " /. ! :-f i [ITY DF DELRRY HEREH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F lOR IDA ....... AII.America City MEMORANDUM " III! DATE: May 30, 1995 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Herndon v. City of Delray Beach This case involves a breach of contract suit for the reimbursement of unused sick leave upon Mr. Herndon's resignation from the City. Mr. Herndon worked for the City for approximately 19 3/4 years when he took advantage of the early retirement window which credited him with an additional two years of service for pension purposes. The issue is whether Mr. Herndon is entitled to sick leave benefits on the basis of 20 or more years of credited pension service or the 19 3/4 years of actual service performed by Mr. Herndon. The contract language is unclear on this issue. Because the contract language is unclear, it is our office's opinion that we should pay the sick leave benefits based on the 20 years or more of service. Further, it is our opinion that the contract language should be clarified before opening the early retirement window in the future. Our office recommends the payment of $11 ,460.00 to settle this dispute, which includes all costs, interest and attorney's fees subject to the City's receipt of appropriate releases. By copy of this memorandum to David Harden, City Manager, our office requests this matter be placed on the June 6, 1995 City Commission consent agenda for approval. W70u have any questions. SAR:jw cc: David Harden, City Manager herndon5. sar @ Printed on Recycled Paper ?K. '. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # cg-L - MEETING OF JUNE 6. 1995 AWARD OF BIDS AND CONTRACTS DATE: JUNE 2, 1995 This is before the Commission to approve the award of the follow- ing bids and contracts 1. l(O Bid award to Harrison Uniforms for Police Department ~o'U~. uniforms, at an estimated annual cost of $40,779.25 from q. 001-2111-521-52.22, 001-2115-521-52.22, and 001-2117-521- 52.22. fY'\oTl on to e~E.Cr BflO eE. -l8lc 2. Bid award to Rinker Materials Corporation for ready mix concrete, at an estimated annual cost of $14,137.50 from 001-3113-541-53.90. 3 . Bid award - to Chemical Lime Company via Palm Beach County and Boynton Beach co-op bid, at an estimated annual cost of $247,027 from 441-5122-536-52.21. 4. Bid award - to the low bidder Rada Enterprises, Inc. for a housing rehabilitation project through the Community Development Block Grant Program, for a total grant amount of $15,351, from 118-1963-554-49.19. (215 N.W. 14th Avenue) 5. Bid award - to Hector Turf for the purchase of a Grounds- master 325D rotary mower via Florida State Contract in the amount of $12,055, and a Sand Pro 5000 rake via GSA Contract in the amount of $8,075.98, for a total of $20,130.98 from 445-4761-572-64.90. 6. Contract award - to Canon USA Inc. and Office Systems of Florida for the Canofile 510-3 electronic image filing system, in the total amount of $17,153; with $7,147 from 001-2113-521-44.30, $2,100 from 46.20, and $7,906 from 64.90. 7. Contract award - annual contract to various vendors for automotive parts, at an estimated annual cost of $24,462.66 from 501-3311-591-52.50. 8 . Bid award - to Gateway for one PS-100 Network Server and six Intel 75 Mhz Pentium Processors, in the amount of $19,443, with funding from 445-4763-572-64.11. 9 . Bid award - to Office Pavilion for office work stations for the City Manager's office secretarial staff, in the amount of $12,078 from 001-1211-512-12.10. Agenda I tern No.: fL.{' AGENDA REQUEST Date: May 16. 1995 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: June 06, 1995 Description of agenda item (who, what, where, how much): Bid Award BiCk1/95-35 - Purchase of Uniforms for Police Department Award"~:o Hardsmi lln-lforrns'at estimRted annual cost of $40.779.'l.r, ORDINANCEl RESOLUTION REQUIRED: . YES/NO Draft Attached: YES/NO ...... ~ -. Recommendation: cost of 40 779.25. Fundin pepartment Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~ NO Funding alternativ '. ruf fIJ/icab)e) '. Account No. & DescFtp.t1r 111&i:fl~!;}t 1.'1. ~t5 5:1-27- ~ ~ccount Balance: .!? - 1 \: J.X 1 <;; 1z> ~ _ Cit Manager Review: - r I Approved for agenda: ~~I NO t1^-/ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director FROM: Jacklyn Rooney, Senior Buyer ~ DATE: May 16, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 06, 1995 - BID AWARD - BID #95-35 PURCHASE OF UNIFORMS FOR POLICE DEPARTMENT Item Before Commission: The City Commission is requested to approve the award for the purchase of uniforms for the Police Department to Harrison Uniforms, the most responsible, responsive bidder meeting all specifications and requirements, at an estimated annual cost of $40,779.25. Background: Bids were received on April 07, 1995, from six (6) vendors all in accordance with City's purchasing procedures. (Bid #95-35 on file in the Purchasing Office.) A tabulation of bids is attached for your review. The bid specifications clearly states that the Bidder shall submi t with their bid submittal a sample of uniforms they were bidding on, and if offering alternate or equal product, they shall include a detailed listing of variances. The Administrative Offi cer and the Department's Uniform Committee have reviewed the bids, exceptions to the specifications, and samples provided, and recommend award to Harrison Uniform Company, per attached memo. Recommendation: Staff recommends award to Harrison Uniform Company at an estimated annual cost of $40,779.25. Funding from department's various operating budget. Attachments: Memo From Delray Beach Police Department Administrative Officer Tabulation of Bids cc: David Junghans, Administrative Officer ~. L.I pE,L~~~ B~A,P"! Delray Beach Police Department Dad AHmericaClty 300 West Atlantic Avenue · Delray Beach, Florida 33444.3695 , III ,,~ (407) 243-7888 Fax (407) 243-7816 1993 MEMORANDUM TO: Joe Safford, Director Finance DePart~ FROM: David Junghans . Administrative Officer DATE: May 11, 1995 SUBJECT: SELECTION OF UNIFORM VENDOR The Department has selected Harrison Uniform Company to provide the Department's duty uniforms. Harrison Uniforms was selected over five (5) other companies bidding for the contract for the following reasons: 1. Argo Uniforms did not supply the required sample uniforms in a timely manner and did not list uniform variance as required by the bid. 2. Concept One Police Supplies, while they did list some variance, they did not list all required uniform variances. 3. Zeidel Uniforms did not list all required uniform variances and did not supply samples of the uniforms they bid. 4. R & R Uniforms is not currently located in the required counties for operation, did not supply the required samples, and did not list all required uniform variances. The last company submitting a bid was Martin Lamar Uniforms; while their bid was $1,539.00 less than Harrison Uniforms, they were not selected for the following reasons: 1. Company, over the last year, has failed to provide timely service to the Department. Items I ordered in September of 1994 (Department badges) are only now being delivered, and then they are not what we ordered in all cases. 2. In their bid they indicated their delivery time to be 15-30 days (doesn't state calendar or working days); Harrison's delivery time is 1-5 calendar days. Because of the reasons listed, the Department's Uniform Committee selected Harrison as the company that best met all bid requirements and could provide the best service to the Department. Should the Department's selection not be approved by the City, it is the Committee's recommendation that the contract be rebid. .," \ .. TABULATION OF BIDS CITY OF DELRAY BEACH BID 1195-35 PURCHASE OF UNIFORMS FOR THE POLICE DEPT. tem Gold Nugget Inc. dba Concept One Police Martin's Unfiroms Div. II Description Argo Uniform Co. Supply Inc. Superior Surgical Mfg. 1. Short Sleeve Shirt - Male 17.95 I 11,218.75 21.50 / 13,437.50 * 22.40 I 14,000.00 Oty. 625 Short Sleeve 17.95 I 1,436.00 21.50 / 1,720.00 * 22.40 I 1,792.00 Shirt - Female Qty. 80 2. Long Sleeve 21.95 / 7,353.25 * 22.50 / 7,537.50 * 24.65 I 8,257.75 Shirt - Male Oty. 335 Long Sleeve 21. 95 / 878.00 22.50 / 900.00 * 24.65 I 986.00 Shirt - Female Qty. 40 3. Trousers 19.95 I 5,286.75 21.50 I 5,697.50 23.40 I 6,201.00 Male Qty. 265 Trousers 19.95 I 798.00 21. 50 / 860.00 23.40 I 936.00 Female Qty. 40 4. Police Unfiorm 110.00 I 6,050.00 95.00 / 5,225.00 128.50 I 7067.50 Jacket wi Zip Out Lining Oty. 55 Grand Total Bid $33,020.75 $35,377.50 $39,240.25 Cost Manufacturersl Elbeco 113310 Liberty 767 MNV Shirt Martin's 1122470, 22464, Catalog Number Horace Small 11909 S/S - 767 MWH Shirt 22478, 23470, 23464, Fechheimer s/s White 23478, 23430, 23454, Delivery in 7-10 days Liberty 777 MNV Shirt 23448, 21248, 21448, after receipt of order L/S - 777 MWH Shirt 24718. All items are Item's 1 & 2 oversize L/S White Martin's Uniforms charges: 18~ - 20 20% Fechheimer 3900 Male / Products - Catalog 11611 44 - 48 10% 3933 Female Trousers Delivery 15-30 days 50 & up 20% Fechheimer 58120 Jacket after receipt of order. Item #3 - oversize w/32740 Liner Note: Our tailoring I charges: 44 - 50 10% *collar made of self facility is located I 52 - 54 20% goods - oversize in Miami, Florida. 18 - 24 10% charges apply on I I Item 114 - oversize sizes 46 & up on , Detailed specification I submitted with bid charges: 40 - 50 reg, trousers and 18 and , package. Samples tall - 10% up on shirts. submitted. 42 - 46x tall - 10% Delivery 5 - 7 days 52 - 54 ref, tall after receipt of order 20% Samples submitted with 48 - 52 tall 20% bid * Elbeco does not come I with a Banjo Elbow I reinforcement. We car l ! supply you with Clif- ! ton that has the Banj{ 1 i reinforcement for samE I price " TABULATION OF BIDS CITY OF DELRAY BEACH BID 1195-35 PURCHASE OF UNIFORMS FOR THE POLICE DEPT. tem Zeidel Uniforms Harrison Uniform Co. R & R Uniforms /I Description l. Short Sleeve Shirt - Male 24.25 I 15,156.25 22.85 I 14,281.25 25.95 I 16,218.75 IOty. 625 Short Sleeve 23.95 I 1,916.00 Shirt - Female 22.50 I 1800.00 22.85 I 1,828.00 Oty. 80 2. Long Sleeve 28.25 I 9,463.75 Shirt - Male 26.50 I 8,877.50 24.85 I 8,324.75 Oty. 335 Long Sleeve 24.95 / 998.00 24.85 I 994.00 26.75 I 1,070.00 Shirt - Female Dty. 40 3. Trousers 23.50 / 6,227.50 25.00 / 6,625.00 Male 28.90 I 7,658.50 Oty. 265 Trousers 23.50 I 940.00 28.90 / 1,156.00 25.00 I 1,000.00 Female Oty. 40 4. Police Unfiorm 99.50 I 5,472.50 118.85/6,536.75 107.00 I 5,885.00 Jacket wi Zip Out Lining Oty. 55 Grand Total Bid $39,471.75 $40,779.25 $42,178.50 Cost Manufacturersl Elbeco Z3314-3 mens Fechheimer - 12020. Male Trs. E314 Catalog Number ss shirt, Z314-3 12021, 12030. 12000, Male SS Shirt Z3314-3 mens long sleeve shirt 12010, 12001, 34200, Female Trs. E9314 9814-3 womens ss shirt 34250, 58120, 32740 Female LS Shirt Z9314-3 9414-3 womens Is shirt Samples 58120, 32740. Jacket Bravo N2714 mens slacks E314, at Delray Beach Police Male LS Shirt Z314-3 ladies slacks E9314 Dept. Delivery in Female SS Shirt Z9814-3 Jackets 2714 or 1 - 5 calendar days Delivery in 14-30 days Horrace Small 2309 after receipt of order Female shirts do not Detailed Specification after receipt of order I include zipper. Add submitted with birl I $3.50 extra if zipper package. Samples ! , is required on female submitted. I I shirts. , I Delivery 14 calendar days after receipt of order. I I I I I i i Agenda I tern No. : Cf.L .A' AGENDA REQUEST . ~ Date: May 16, 1995 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: June 06, 1995 Description of agenda item (who, what, where, how much): Bid 1195-38 Bid Award ~ Ready Mix Concrete to Rinker Materials Corporation Estimated Annual' Cost of $14,137.50 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Rinker Materials Corporation at an estimated annual cost of $14,137.50 Account Code 001-3113-541-53.90 and Various Capital Project Accounts pepartment Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO _ Funding alternatives. ~Aeeount No. & Oeser' ion, -I Account Balance:' ~~J/ . City Manager Review: Approved for agenda: &/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved M E M 0 RAN D .U M TO: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director FROM: Jacklyn Rooney, Senior Buyer DATE: May 16, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 06, 1995 - BID AWARD READY MIX CONCRETE - BID #95-38 Item Before Commission: The City Commission is requested to approve the award of the purchase of ready mix concrete to low bidder, Rinker Materials Corporation, at an estimated annual cost of $14,137.50. Background: The Streets Department and City Construction Division have a need for an annual contract for purchase of ready mix concrete. Bids were received on April 26, 1995, from two (2) vendors all in accordance with City I S purchasing procedures. (Bid #95-38 on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Superi ntendent of Streets and Traffi c and Construction Manager have reviewed the bids, and recommend award to R in ke r Materials Corp. , per attached memo. Recommendation: Staff recommends award to Rinker Materials Corp. at an estimated cost of $14,137.50. Funding from account #001-3113-541-53.90 and vari ous capital project account numbers. Attachments: Memo From Superintendent of Streets And Traffic Tabulation of Bids cc: Scott Solomon, Supt. of Streets Howard Wight, Construction Manager r.L.';. . MEMORANDUM MEMO TO: Jackie Rooney, Senior Buyer Purchasing Department FROM: Scott Solomon, Superintendent of Streets and Traffi~ DATE: May 12, 1995 SUBJECT: BID #95-38 - READY MIX CONCRETE After reviewing the tabulations and references for the Ready Mix Concrete contract, I recommend we award the contract to Rinker Materials Corp. If you require further information, please call me at Ext. 7339. SS/sdl REF: SS 51295A.MEM , , . . . - TABULATION OF BIDS BID #95-38 READY MIX CONCRETE TERM CONTRACT April 26, 1995 . Rinker Materials Corp. Tarmac America, Inc. l. 2,500 PSI Regular $ 46.50 / 8,137.70 * $ 56.00 / 9,800.00 Ready Mix $ 48.50 / 8,487.50 ** 2. 3,000 PSI Regular $ 48.00 / 6,000.00 * $ 57.50 / 7,187.50 Ready Mix $ 50.00 / 6,250.00 ** Total Bid Price $ 14,137.50 * $ 16,987.50 $ 14,737.50 ** Additional Delivery $75.00 for deliv of les! Short load Charge = $75.00 Charges If Applicable than 5 cuyd. One callback (any order of 5 cu. yds. allowed on pours exceeding or less) 10 cuyd. Maximum delivery tim 60 min. p/load. After 60 min. there will be a charge of $60.00 p/hour Comments/Exceptions *Prices prior to Dec. 31, 95. Delivery 24 hours after **Prices reflect an increase receipt of order. effective Jan. 1, 1996. These prices good until May 31, 1996. Delivery 3 days after receipt of order . . ~~) Agenda Item No.: C/.L.3. AGENDA REQUEST Date: May 16, 1995 Request to be placed on:' ! X Regular Agenda Special Agenda Workshop Agenda When: June 06. 1995 Description of agenda item (who, what, where, how much): Bid Award Award to ~hemical Lime Company per Palm .Beach County Co-op Bid - City of Boynton "Beach Bid #041~134-95/CJD at an estimated annual cost of $247.027 for purchase of Bulk Quicklime, at $92.14 per ton. ORDIHAHcE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Chemical Lime Company for purchase of Bulk Quicklime via Palm Beach County Co-op Bid - City of Boynton Beach #041-134-95/CJD from account #441-5122-536-52.21 ----- pepartment Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: 9- Account No. & Description: . Account Balance: .~ , City Manager Review: Approved for agenda: @J NO t~/I Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director FROM: Jae k 1 yn Rooney, Sen i 0 r Buyer c{- OATE: May 16, 19955 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 06, 1995 - BID AWARD - CO-OP BID BULK QUICKLIME Item Before Commission: The City Commission is requested to approve the purchase of Quicklime from low bidder, Chemical Lime Company, at a estimated annual usage of $247,027. Backqround: The City of Boynton Beach i s the lead entity for this cooperative bid. Bids for thi s contract were recei ved on Apri 1 20, 1995, from three (3) vendors. A tabulation of bids is attached for your review. The Cooperative Purchasing Council of Palm Beach County voted to award to Chemical Lime Company at their meeting of April 25, 1995. The Manager of Water Treatment Plant has reviewed the bids and recommends award to Chemical Lime Company per attached memo. Recommendation: Staff recommends award to Chemical Lime Company at an estimated annual cost of $247,027. Funding from account #441-5122-536-52.21. Attachments: Memo From City Of Boynton Beach Tabulation Of Bids Memo From Manager Water Treatment Plant cc: Don Haley, Manager of Water Treatment Plant f.L.3. " MEMORANDUM To: Jackie Rooney, Senior Buyer From: Don Haley, Manager of Water Treatment Plant~ . SUBJECT: QUICKLIME CO-OP BID #04134-95/CJD Date: May 12, 1995 After review of the co-op bid for quicklime, it is acceptable to the Water Treatment Plant. Quantities for this year's contract will be approximately 2,681 tons at $92.14 per ton. Extended cost for this contract term of May 16, 1995 thru May 15, 1996 is estimated at $247,027.00. Please process the appropriate agenda request necessary. I can be reached at Extension 7318, should you have any questions. DH/dk cc: Richard Hasko, P.E. , Deputy Dir. Public Utilities File: a:lime.doc " . fJ1U City of 'Boynton 'BetUn 100 'E.. 'Boynton 'BeD& 'Boukvartf P.O. 1Jo~310 'Boynton ~ %nitfa 33425-0310 City 9fDil: (4fJ7) 375-(j(J(J() 1'JU: (4fJ7) 375-6090 Ma y 1, 1995 TO: ALL PARTICIPATING ENTITIES OF THE COOPERATIVE PURCHASING COUNCIL OF PALM BEACH COUNTY FROM: LANA M. KOESTER CHAIRPERSON SUBJECT: AWARD OF THE...CO-OP BULK QUICKLIME BID #:: 041-134-95/CJD Effective Dates: May 17, 1995 to May 16, 1996 option to renew 1 Year Attached is the Tabulation Sheet and the proposal from Chemical Lime Company of Mulberry, Florida, for the above mentioned bid. On Tuesday, April 25, 1995, at the Co-op meeting, it was voted that Chemical Lime Company was the lowest, most responsible, responsive Bidder meeting all specifications and requirements. It is scheduled for approval at our Commission meeting, May 2, 1995. If you have any questions please call me. s~nCereIY,~ . ~a:-M~~es~~ e Purchasing Agent cjd C: All Participating entities as listed below: Acme Improvement District City of West Palm Beach City of Boynton Beach City of Delray Beach Town of Highland Beach City of Lake Worth South Central Regional Wastewater Plant ;(meriazs ga.uway to tIU qulfstTUlm . 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'J :: z' == .:=i ~ <l: '" _-' -' -< :Jl <l: ,- ..J':l O/l J :_: -' .. .. , ,~ r f 20 .~ ,~ -=.. <l: ~;..;.J4 ::l <I: '~ -x-' -. :t '..:.. ~ <1:....- I' ,:;.. ~,..... ..:.... 5- .::;:- . <l: ' -~.:: ~ ~- ,_, .~ - , .0:>:: . -'" J~ jf ::!l.;t -' '..... ~.-J........ 'S '~ Z:Z~ -' .;.jJ :::: ~ '~~ - I"'" '- .... ............ '0 .... I .. -, zz f~t-I~c )~ - ~ >- J .", :.:. ;..;.J ~ . ,. 1-15 1<1: ' ., - . - ~.:.L:: l~ '~ ,~ <: < - .:.. :l .:l Z :' >:: ~ _ ~.- ,~ :z_ '= -. :> Z __:.J< -< - ;..;.JZ - ,~ .~ , 'Z =:.,::)~ J~ :;; -=,- -.:,j;x I-....J .< 'i= . ~...... - :; .! J ,: ~=~ :x)1 ~.i '~, :.i .J .::J.:.J':': ,#, ,~ - . Agenda I tern No. : g.L .1- AGENDA REQUEST Request to be placed on: Date: MAY 12, 1995 Regular Agenda Special Agenda Workshop Agenda xxx Consent Agenda When: JUNE 6, 1995 Description of item (who, what, where, how much): CASE' ADDRESS GRANT AMOUNT 92-043HR 215 N.W. 14th Avenue $15,351.00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT AWARDS FROM ACCOUNT #118-1963-554-49.19 GRANT AMOUNT INCLUDES CONTINGENCY. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~([.- --- Department Head Signature: --=--......." (/ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): , . ~ ' ~ -'3I,g'~~ Funding available: NO t Funding alternatives: (if applicable) Account No. & Description: 1I~-Il1~3-S"~_~q. ,q Account Balance: $/S"", '2.l, . City Manager Review: Approved for agenda:~/NO t~l Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director FROM: Jacklyn Rooney, Senior Buyer C/ DATE: May 18, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 06, 1995 - BID AWARD - BID #95-36 HOUSING REHAB I LIIAUONJJiQ~RAM Item Before Commission: The City Commission is requested to make award to low bidder Rada Enterprises Inc., at a cost of $15,351.00, which includes contingency. Background: The Community Development Division handles and processes their formal bids on housing rehabilitation projects, with funding from their housing rehabilitation budget. Property: Contractor: Amount: 215 nw 14th Avenue Rada Enterprises Inc. $ 15,351.00 Recommendation: The Purchasing Office concurs with the recommendation to award to the low bidder as outlined above from account 118-1963-554-49.19. Attachments: Memorandum from Community Development Bid Information Sheets cc: Lula Butler r;.L.J./. M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR~ THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT ~ DATE: MAY 12, 1995 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE THE COMMISSION This is to request approval for one Housing Rehabilitation Grant Award. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change orders. All unused funds remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case file are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. RECOMMENDATION Staff recommends Housing Rehab Grants be awarded for the following: Case#" Address Grant Amount 92-043HR 215 Northwest 14th Avenue $15,351.00 HR2 .. . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 95- 36 APPLICANT: Julia Rolle APPLICATION #: 92-043HR PROJECT ADDRESS: 215 Northwest 14th Avenue DATE OF BID LETTERS: 3/27/95 DATE OF BID OPENING: 4/7/95 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ 16,450.00 ALPHA ULTRA INC. $ 16.450.00 ARTHUR BADALOO $ BUCCI ENTERPRISES $ CSB CONSTRUCTION $ 1ST CHOICE CORP $ INTERCONTINENTAL CONSTRUCTION CORP $ HENRY HAYWOOD $ MJD CONSTRUCTION SERVICES $ CARLO MERCURIO $ PALMERI CONST. $ PRESTON CONST. $ 15,630.00 RADA ENTERPRISES INC. $ $14,620.00 RAY GRAEVE CONSTRUCTION INC. $ SOUTH FLORIDA CONSTRUCTION $ IN - HOUSE ESTIMATE: $ 16,920.00 CONTRACTOR AWARDED CONTRACT: Rada Enterprises Inc. BID/CONTRACT AMOUNT: $ 14,620.00 COMMENTS: Low Bidder BIDFORM/PG1 . . .- Agenda Item No.: f.L'5. AGENDA REQUEST Date: May 25r lQQ5 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 6. 1995 Descriptlon of agenda item (who, what, where, how much): Award Hector Turf for the purchase of a Groundsmaster 325D Rotary Mower and a Sand Pro 5000 Rake. Total Cost $20,130.98 -----.The Gronnd~ma~t,pr vi a Florida State Contract #515-630-95-1 at $12,055.00 'T'hp Sr!nn Pro Rakp vir! GSA r.ontract #GS-075F-563A at $8,075.98 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: RPrommenning pnrrnase from Her.tor Turf at a total cost $20,130.98. Fllnning: 445-4751-572-64.90. ._- Department Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available~NO Funding alternati (if applicable) Account No. & Description: "t~ -l.)/~) - S7'2--I...\') .e; 0 ~4S-oce> Account Balance: $'~o~ I ) onv-..-n.. )?') (.}-~..... 'ER v', t> . City Manager Review: r~ll) Approved for agenda: e/ NO Hold Until: Agenda Coordinator Review: . Received: Action: Approved/Disapproved " MEMORANDUM TO: DAVID HARDE~(lER THROUGH: JOSEPH SAFFO _ CE DIRECTOR FROM: J.AHICE SlAZYK. BUYER ~ DATE: 1v\A. Y 25, 1995 SUBJECT; DOCUMENTATION - CITY CO/vlvtlSSION MEETING JUNE 6,1995 - GROUNOSMASTER 3250 ROTARY MOWER AND SAND PRO 5000 RAKE FOR THE GOLF COURSE Item Before City Commission: The City Commission is requested to make ali~ard to Hector Turf for a Groundsmaster 325D Rotary Mov~er and a Sand Pro 5000 Rake for the maintenance of the Golf Course at a total cost of $20,130.98. Background: The City of Delray Beach Municipal Golf Course is in need of a Rotary Mower and a Sand Pro 5000 rake for maintaining the grounds at the Golf Course. The Groundsmaster 3250 Rotary tvlower is on Florida State Contract #515-630-95-1 and the Sand Pro 5000 rake from GSA#GS-075F-5636A Recommendation; Purchasing concurs with recommending the above equipment for the Golf Course at a total cost of $20,130.98, Attachments: Memo from Golf Course Quote from Vendor y. /-.5. . , . DONALD ROSS' 1923 TO: Brahm Dubin FROM: Tom Arendt DATE: May 19, 1995 RE: Purchase of Rotary Mower and Sand Pro .000 We need 3 rotary mowers to cut outside area of course. Presently, one of the three we have is nine years old and is at the end of its useful life. It must be replaced. with 90 sand bunkers it is necessary that we have two sand rakes to stay in front of players every day. One of our two machines is 6 years old and maintenance costs will outweigh the cost of a new machine. Both pieces of necessary equipment are available thru State or Federal contracts and both pieces match what we are presently using. TA/cmd SANDROTA.WPT 2200 Highland Avenue. Delray Beach, Florida 33445. (407) 243-7385 - Managed by Dubin & Associates - fl ~cUJ ~ ChntvrA u- ~ (Y\DUrfh- Session FSC,XWP Screen Selection ~l . ~::I .,/ 9 ~, E; . ::: 3 : D:3 AM CEPTIFICATION OF COI'lTPl~C:T TITLE: Lav,rl1 Equiprnr3nt CONTPACT NO. : ~\ 1 :\ - 6 3 (I - :~~ :\ ~- 1. BID 1'10, : 6-:;,15-630--E EFFECTIVE: January 26, 1 ':J 9:, through January 2 ':', 19 ;:.1 i:. CONTF:ACTOP. (S) : See Attached List ::::UPEP.SEDES: ::,1:',-630-94-1 ANY QUESTIONS, SUGGESTIONS: , OF CONTRACT ::::UPPL IEF PP.OBLElvlS \,\IHICH IvlAY AF: I SE SHALL BE BP.DUGHT Te) THE A TTENT I ON OF TOH':(' A. MENDOZA AT (904) 488-7515 SUNCOM 278-7515. A. J:.JJTHOP.IT\:' - Upongftirmative ,gc:tion taken b',;! the state of Fl,=,rid.'3 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1.10[e--- ;. 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I FT , '::.~ T 7T..~ 7 1 -- I t.j (~}i c:r)rT ;-' ~ ........... ),jII'IIMUM, 76-INCH CUT MA~IMl~ \;.JA TEF CCiCiLED ENGINE, H'lDP.A.UL Ie p, T , (] . Hr1:PLD1ENT DPI\/E OP P,T,Q, DP T \/E :~:HAFT TO C:UTTEP.HEhD, ELECTrIC: STAPTEP. MID Ep.TTER'l. \,~!ITH 4 - C~.:{C:LE " :>:::1 ~~ Hr.=!F~.;:::E - F:Q\/"lER. }1.1 I 1~.1 I bill)l~!l , DIESEL EI'.1GIl-1E, I)EL I \/EI=:.ED , UNLOADED, UNCP.ATED, A::::::?EHBLED. PEADY TD l"iOv';. i"1At~'lIJF A C:TtTRER. TOF~C) l;riODEL I~IO, ~o 78.8 ~/'.}.,/3 fJ 70_22.. '~;070(:: , '-.. ,l r-:'""': .-, ,-', - .': _ -; ,. ..... It - -- ,., - - -' ~- :~ 10 ,8 ~{t .\lif.l,\,./ SIZE OF CUT 7 .-, " ,}-Ip .2 4 , 9 H~' i' '7.: ,;.. .J:' OPTION ADD Fo.R PEi\P DISCHh.PGE I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I -:. -- Pre\.' 1':-1c1re -- \lTX CC1itUn3nd> "' Sess i Clf! FSC, :{v~lf) s.: (:'re8n S;g 1 e c t i c1n ~,,,/ 2 :,./"9::. 2; : 3 '7 : :;, i:, AM CUTTING UNIT ~:197,OCi OPTION ADD FOF f'; 0- INCH FLp.IL tvlO\r.,IEP. ~:97,OO OPTION ADD FOP ADJUSTABLE 3USf'ENSION SEAT <"'4' Cov' .;, ~ U. J OPTION ADD FOR ~'lULCHING DECK 8917.00 v OPTION ADD FOP FOUP. ( 4 ) WHEEL DRIVE ~:2,O97,OO ''-!'ENDCJP : ZAUN EQU I:i?MENT CO, ~/0bJ-J ~ ~.~ J; I~l OS S (JO - . . ~y.~ i ~o/A k. GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SCHEDULE GS-07F -5636A GSA PRODUCT PRICE BOOK MODIFICA TION NlJMBER: AS07 CONTRACT EFFECTIVE DATE MARCH 30, 1993 THRU FEBRUAR),' 29, 1996 fDlm N(J. 93-21:)-1, ~~v. 2,1195 . -- -- ---- -- --,. -'" "-'-"'-"" "-" .- -'-'--- "-- ~ ~ ';:;; ; ~ 'Z ;: ;: :i: ~-: ~;:. ~ ~.~J~ ~ oJ ~ H ~~~~~~~~ ~~~~ ~ ~~~~~~ ~ Z I I I 1 . I I f I I I . WW~NWWWN NWWW ~ wwNNWW ~ ~ NNWWWNWW NNWW N WWNNNN W 0 . ~~~~~m~N ~~W~ ~ 0000000 0 I~ NWN~wwNw ~wa~ ~ ~IDro~~~ ~ 0 III III ~""'-JI rQ::)o:>ma;:.o;. 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(ll" ~ ~ I ~ -.JW-lVl~WlJlw wO'\O'\oo ~ O....I-'.N~ ~ "':F- ~ ~ -.J-.J~-.lI.OI,OIX>O ol'--J~O'\ 0 HCOo.m"t> IX> OJ () ~ ~ -~ ~ ~ ~ ....~I-' I-' w H~OOw~~ ~ 0 00 ~ C\ ..... ..... ~ 0 .,. ... ~ 0'\ 0\ W U1 N 0'\ 0 m ~ -g.. ~OW~~I-'N~ IJI-J"'~ .... o~~o~~ ~ ~~ ~ ~WO.....oorooow WCl'\~~ ~ ~~~lJIwol:> ~ . ~~I.O~I.O-.J~~ ~~o~ 0 "~~~\O~ N ~ ~ ~ Q - l>J w >-' ~ ~ 1-' W ..... "t> (D W Ul (LJ 0'1 <:DO'IO'I..... .....\00 oI:>.....~o,\ ~ ~~NIJIO~ 0'\ ..... .o.....ooro~ow ~~.....H .... I.O~O'I~w..... ~ ~ -.lWW~(l)O'\O'IU WO'lO'\~ ~ O'Iro~~w~ 01:> ~ -.l~~~~~~~ ~~O~ = ~OOW=~..... 0'1 ~ ~ RECEIVED MAY 2 5 f995 CITY MAN~r~~'(' ()~'2 {, Agenda Item No. : .'. AGENDA REQUEST Date: May 22, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: June 6, 1995 Description of agenda item (who, what, where, how much): Award for the Lease & Maintenance ContraCt for the Canofile 510-3 Electrnni.. Tmrlgp Filing Sy~tpm frnm ~rlnnn nSA Tnr. rlnd ()ffice ~~tpm~ of F"nrin~ ~t ~ tot~, ro~t of ~'7. l~~ nn ORDINANCE/ RESOLUTION REQUIRED: YC:S/NO Draft Attached: YES/NO Recommendation: Recommending award to Canon USA Inc and Office Systems of FLorida at a total cost of $17,153.00. Fundinq: 001-2113-521-44.30 001-2113-521-46.20 001 2113 521 64 Department Head Signature: Determination of Consistency ~ -. J .. City Attorney Review/ Recommendation (if applicable): A Budget Director Review (required on all items involving expenditure of funds): Funding available, ~/ NO Funding alternative '~ ~ (if ~j..cEf~e) , Account No. & DescriP'g,on' ~1-~-92_- "'>0 SUP- tLlP'/(fNl7\( ~ccount Balance, 0;1 '7. .' . _ , . ./. )(-:2 -,S'2-I./i-b-2D ErcvltlP YtA t N I . C~ty anager RevLew: -rIOJbg~ Approved, for agenda: ~ NO cOO I-LA l~ -Sif . ~'t~qD or~e fl)t.ll P. Hold UntLl: Z"i1./ $ 1, ~Ofr Agenda Coordinator Review: Received: Action: Approved/Disapproved " MEMORANDUM TO: DAVID HARDEN, CITY rv\A.NAGER THROUGH: JOSEPH SAFFORD, FINANCE DIRECTOR FROM: JANICE SLAZYK, BUYER cp DATE: r~Y 22, 1995 SUBJECT: DOCUMENTATION - CITY COlvlvllSSION MEETING JUNE 6,1995. GSA CONTRACT # GS-25F-4019B - LEASE & rv\A.INTENANCE CONTRACT FOR CANOFILE 510-3 Item Before City Commission: The City Commission is requested to make a~'4ard to Canon USA Inc. for the lease of a Canofile 510-3, Electronic Image Fifing System, totalling $7 I 147.00. The maintenance contract for one year at a total cost of $2,100,00 and support equipment and training required totalling $7,906.00 awarded to the authorized dealer Office Systems of Florida. Grand Total requested is $17,153.00. Background: The City of Delray Beach Police Department is in need of an Electronic Image Fi~ng System. The Canofile 510-3 Desktop Electronic Filing System meets the needs of the Department. The lease of the equipment is available via GSA Contract #GS-25F-4019B, maintenance and support equipmentitraining from the authorized Canon dealer Office Systems of Florida. R.equesting leasing of the above equipment through September 30! 1995 ~\Jith the option to purchase 0 ctober 1, 1995. The lease has no interest or finance charges and once the equipment is purchased the total amount of the lease paid will be put toward the purchase. . Recommendation: Purchasing concurs with recommending the above equipment for the Police Departments needs. Total cost is $17,153.00. Attachments: Memo from Police Department Quote from vendor i.L' c:,. pE,LRoAY. B~A.!=~ Delray Beach Police Department tdb:II A11.America City 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 " II r! (407) 243-7888 Fax (407) 243-7816 1993 MEMORANDUM TO: JanSlazyk, Buyer 0{ FROM: David Junghans, Administrative Officer - DATE: May 18, 1995 SUBJECT: CANOFILE 510-3 It is requested that the City fund the cost of leasing and the purchase of required support equipment and services for the Canoille 510-3. The total funding required is $17,153.00; $7,147.00 for a six (6) month lease, $2,100.00 for a one (1) year maintenance contract and $7,906.00 for required support equipment and training. The funds should be placed in the following accounts: 1. $7,147.00 in account 0012113 52144.30 2. $2,100.00 in account 0012113 52146.20 3. $7,906.00 in account 0012113521 64.90 Per the direction of Mr. Safford, the funding should come from the Current Year Surplus. Should the accounts listed above be incorrect, or you have any questions concerning this request, please call me at extension 7852. ppt j I I j I j - - : ! I : I Quqtation : PtQe; OFFICE jt' i E~S €IF FLORIDA, INC. ' ." ! - . , 7" ~.",. ., . h :. '" . "l ! 5150 N.W. 1, th Sf ri Mi..~i. FI. 33014 ' OADe:~ 620J 654 ' ROWARO: 522.4165 ~ , I II I, I i I I' i ' 'I I ,_ ,.,,~;:,\O;'~~~~'(:' ~-'~7~" .;','.:.,'.:..'.' :..~i-U,~.i,~,;:.i,:..:;':""".j, ";.~;:..,.~ 'iW."':1~~.;::J'~;, ;~~:': ,:::\"i~..":!ff.!I".".~;:.::.~M1I:: .:;.: ,':IF"l: ,~:'.-':!;J:~.;.:l~.";.~t!:~:>,;i~;:~;i,J,:~~~,~O: ~.:r:'.,'," DAn ~~I"".., NO.. i ---I 11..~J....,.;...!,.;,'ll"'."1~,r~:1-."~;":,..~.:,"..!.~:~l;,I:_0:1.1.....: '" 'f;.~J . I IJ'.... '\\1 '\ I : . ..ror......,......-. .It". -..~J.(..,. . "......,,, T,.. I ......-!-- "'7'3'< O::~/I.Q/9.; l)FLOOl '3:1. ::+; i snl1"')~~:;; ! I I TO' : I : StUP TO: i I . ('i'-'" ,....... ",FlF"\Y ph. 'r1r F'" ....'It .'.' "F ',:\' c.tV cr,~\; ~,..C' "~E'r',' . - '.' . .... , . . II" ~ ' ; I" ''-' . '.' -. ", .. " ,. ',' '. . '.' -" , ::11.'. i F. C:G! F ,r! ':'i! I. r F ':Ci rt :;r:[, ',t.' AT!,,!-.rJTJC 4VfW),'f Ji(lC' ~' A:b'ftJTrc.~.\I'fIJl;E' 01:LFU.'" 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I.. ~ T '7, -'. .L .' ......,t-'l ,~', ,..7.. .f:-"" ;/.-"t~J.o,R[.., ~d).C,C .'A..C1_r:l( ,.:A.Nl\N U':, .!; i i I I' I' ! I Ii. i ! I :; : : r1)i.. \0:. ":"!'II: ~ ~ :,l ','. ,.: ... '" ;.. .,. -;. .,.:. -.A. "".,: 'A" ".\ .... ~ :. v";' "'" '1- .\ "'!" j,. *. ~ .... ~ .. )r~y. Oi;:PO!$I,T REQ.UIRF.D wITH )C',DER 'l,IRCH"A"SE,'1 N,'.Drr, TO:R[},L~As. !tWlc.A.ltl,n : !'i' ,: . . j I \IJIf' '*"* *; .4.:,1' ~. J'o'lok .' ^. I; ,," ..... H ... .L1 ... K 1"0' A Ir It.: A: ;..- Ir I'f .... .' ~' 4- ~ ,J..' A,~ ;... .k Ii( -;. .x.J... I I' ' '. . . r I: 1 I , , o. , ,. . - , . - - - _.. -e....:... _'0:.- _ .. _ ... .... . $~3,37C.O W'x..r.='" ,- TI4IS IS ~\ :-.;.t_.:O~1:; Ci.\LY - I I i 1 I , , Ii !' i FILE COpy! - I'. I ICCEPI'ED BY ' i' , . I jr! TlTlE ......... " ........ . . - I ;: Agenda I tern No.: <j.L' r AGENDA REQUEST Date: May 31. 1995 Request to be placed on:' X Regular Agenda Spec ial Agenda Workshop Agenda When: June 06. 1995 " Description of agenda item (who, what, where, how much): Bid Award Bid #95-20 - Automotive Parts - Annual Contract - To Various Vendors at an estimated annual cost of $24.462.66 ORDlNANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommenda t ion: Award to various vendors at an estimated annual cost of $24.462.66. Funding from various departments operating budgets. ... pepart,ment Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): . Funding available: ~/ NO Funding alternatives: ~li~ ~ccount No. & DeSCriPtionl1R~~ - Account Balance: ~/OCO , City Manager Review: Approved for agenda: ,e;;:, NO l".Jll ,,( Hold Until: ~ ,/ Agenda Coordinator Review: Received: Action: Approved/Disapproved M E M 0 R ^ N D 'u M TO: Davld T. ~y Manager THROUGH: Joseph Saf 0 nce Director FROM: Jacklyn Rooney, Senior Buyer ~ DATE: May 30, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 06, 1995 - BID AWARD - BID #95-20 AUTOMOTIVE PARTS - ANNUAL CONTRACT Item Before Commission: The City Commission is y'equestecl to approve multiple awards to various vendors listed below for the purchase of automotive parts, at an estimated annual cost of $24,462.66. Background: Bids were received on May 02, 1995, from ten (10) vendors all in accordance with City's purchasing procedures. (Bid #95-20 on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Deputy Director of Public Works and Fleet/Building Maintenance Superintendent have reviewed the bids received and recommend award to various vendors per attached memo dated May 24, 1995. Recommendation: Sta ff recommends award to various vendors listed below at an estimated annual cost of $24,462.66. Funding from vari ous department's operating budget. Vendor: Est. Dollar Amount: A To Z Auto Parts $ 16,091.66 Bennett Auto Supply 455.16 The Parts House 5,051.52 Whitey's Auto Supply 70.32 Palm Beach Brake 54.96 Arrigo Dodge 201. 12 Vehicle Maintenance 572.16 L & L Distributors l, 718.56 S & H Distributors 247.20 TOTAL $ 24;462.66 Attachments: Recommendation Memo Dated May 24, 1995 Tabulation of Bids cc: Richard Corwin, Deputy Director of Public Works Richard Sandell, Fleet/Building Maint. Supt. Merle Hess, Storekeeper I rt.L.1 . - ~--~.__.~ ..c: u "" OJ 6": ..... ~ ~ .... 0.."" a- ~ o '" OJ boO ~ '"" 0 ..... (Xl <aM 0 '""~ ~~ ...... .'t8 ~~ N OJ u C '" OJ C ..... 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Vendor Award - Extended Amounts A To Z Auto Parts: Item II -Amount It em /I Amount It em II Amount 1. $2748.00 87. $ 74.44 158. $ 30.96 . 4. 372. 00 88. 6.00 159. 35.28 6. 480.00 11. 134.28 89. 40.80 163. 189.00 12. 112.92 90. 45.60 164. 160.56 13. 132.00 91. 135.00 165. 151. 64 14. 83.04 92. 55.20 166. 53.52 15. 144.24 93. 24.36 167. 109.80 17. 159.68 94. 48.72 TOTAL $16,091.66 19. 411.00 95. 24.36 20. 385.92 96. 73.08 21. 214.20 97. 56.84 22. 327.00 98. 73.08 23. 359.40 99. 73.08 24. 224.28 100. 24.36 25. 256.68 101. 48.72 27. 357.24 102. 79.20 29. 357.24 103. 45.00 30. 478.32 104. 22.80 51. 225.00 105. 30.00 52. 28.08 106. 9.60 53. 28.08 107. 9.00 54. 28.08 110. 360.00 55. 30.60 111. 132 . 00 56. 28.08 114. 446.52 57. 28.08 115. 26.40 58. 29.40 116. 35.20 59. 28.08 117. 17.60 60. 28.08 118. 39.60 61. 29.40 120. 678.12 62. 28.08 122. 1680.00 63. 30.00 124. 204.00 64. 30.00 134. 53,40 65. 28.08 135. 100.44 67. 58.80 136. 121. 34 68. 28.08 137. 121. 32 69. 30.00 138. 100.44 70. 28.08 139. 109.44 71. 6.00 140. 129.60 72. 10.20 141. 207.00 73. 7.80 142. 165.60 74. 14.40 143. 165.24 75. 10.20 144. 54.00 76. 10.20 145. 19.08 77. 4.20 146. 20.88 78. 28.08 147. 60.84 79. 28.08 148. 45.00 80. 6.00 149. 35.00 8l. 25.08 150. 19.80 82. 38.40 15l. 35.28 83. 50.40 152. 60.84 84. 13.56 154. 10.20 85. 57.00 156. 28.08 86. 78.12 157. 182.16 . . . . Vendor Award - Extended Amounts Bennett Auto Supply: Vehicle Maintenance: I tern II Amount Item II Amount 3. $ 21.60 36. $ 9.24 31. 163.32 38. 51.72 32. 41.88 39. 1.92 33. 18.00 41. 6.48 34. 116 . 64 42. 5.64 108. 29.28 43. 2.04 112. 26.28 44. 2.88 153. 38.16 45. 176.64 Total $ 455.16 126. 43.42 127. 43.32 128. 78.48 The Parts House: 129. 38.28 130. 66.48 2. $1869.00 131. 45.72 10. 15.24 Total $ 572.16 26. 411. 84 28. 818.76 L & L Distributors: 113. 363.00 5. $ 11 76. 00 119. 131. 04 7. 228.00 121. 886.44 8. 56.88 123. 531.84 16. 149.76 160. 24.36 47. 49.60 Total $5051.52 49. 25.32 162. 33.00 Whitey's Auto Supply: Total $ 1718.56 -- 35. $ 15.00 S & H Distributors: 66. 55.32 9. $ 23.04 Total $ 70.32 37. 58.32 40. 2.16 Palm Beach Brake: 46. 16.80 48. 7.5.44 133. $ 54.96 SO. 22.68 132. 23.88 155. 29.52 Arrigo Dodge: 161. 45.36 109. $ 39.36 Total $ 247.20 125. 1.61. 76 Total $ 201.12 . . DK ~ [IT' DF DELRA' BEA[H DELRAY BEACH , LOR lOA tze:d 100 N.W. 1st AVENUE. DELRAY BEACH. FLORIDA 33444.407/243-7000 A11.America City , 'III! MEMORANDUM TO: David T. Harden, City Manager 1993 FROM: ~bert A. Barcinski, Assistant City Manager DATE: June 1, 1995 SUB,JECT: AGENDA ITEM l.t. .8' CITY COMMISSION MEETING BID AWARD COMPUTERS/MUNICIPAL GOLF COURSE Action City Commission is requested to award a bid to Gateway for one PS-100 Network Server and si:::. Intel 75 Mhz Pentium Processors in the amount of $19,443. Funding lS available in the Municipal Golf Course Clubhouse Account #445-4763-572-64.11. Background Staff has thoroughly reviewed the computer needs for the clubhouse and are recommending a network configuration like that being used in other City departments. The golf course operation currently has a two cash resister self-contained system for restaurant sales, a computerized cash register system for pro shop sales, and an old IBM :::.t for office use which lS tied into the AS400. Pro shop staff and other office staff are using their own personal computers. The configuration proposed provides a network server and PC's for the Banquet Manager, Chief Head Pro, Assistant Pro, Receptionist and Secretary. The e;::.isting cash register systems in the restaurant and pro shop will continue to be used in the new facility. @ Prmted on Rec ie/ad Paper THE EFFORT ALWAYS MATTERS ;.L.; .. " . Page two The total configuration package including previously ordered banquet software lS appro~:imately $37,500. Commission lS being requested to approve those items that cost over $10,000. This proposal will make the course operation computer functional and provide increased software capabilities. Recommendation Approve bid award to Gateway via state Contract in the amount of $20,224 with funding to come from account #445-4763-572-64.11. RAB:mmd . Golf Course Computer Needs lNetwork Server Gateway I Midwest Micro I DPI I Dell I COmtrad. IState COntract Specifications (Quanity 1) PS-100 $5,059 $6,159 $5,655 100 Mhz Pentium Processor 32 MB Dram, 256 Casche 2GB SCSI Hard Drive PCI Enhanced IDE Interface PCI Bus Graphics 2MB VRAM Quad Speed SCII CD Rom Drive 3.5 Diskette Drive 15" Color Monitor Tower Case w/power supply Any-Key Keyboard MS Mouse Windows for Workgroups 3.11 MS Office Professional MS-DOS 6.22 400 Colorado Tape Backup icrocomputers Gat_ay Midwest Micro DPI Quanity (6) Intel 75mhz Pentium Processor $14,394 $17,394 $16,350 16MB RAM, 256KB Cache 730MB 10ms IDE Hard Drive PCI Enhanced IDE Interface PCI Local Bus Graphics with 1MB Quad Speed CD ROM 3.5 Diskette Drive 15" Vivitron Color Monitor Desktop Case, Keyboard and Mouse Windows for Workgroups MS Office Professional Page 1 . . . Golf Course Computer Needs ~Token Ring Cards ~ Microcomputers Quanity (6) $2,334 State COntract Server Quanity (1) $571 ~prin ters ~ Hewlett Packard LaserJet 4+ Quanity (2) $2,798 State COntract 2nd Paper Drawer Quanity (2) $440 Envelope Feeder Quanity (1) $220 8 Meg Memory Upgrade Quanity (2) $716 Ilsoftware II MS-NT Advanced Server 3.51 $861 Corporate Software Part # 218547 Arcadia Tape Blu Software for NT $488 Corporate Software Part# 980758 Norton Anti-virus Quanity (6) $534 Corporate Software ~smart UPS700 ~ $338 American Power powershoot For Windows NT $61 Datacom Warehouse IIMiSC Items II Multi Access Unit Quanity (1) $239 DataCom Warehouse Personal Communications Quanity (1) AS/400 For Windows $299 IBM Direct (Part # 20H1624) Modem - V . 34 U. S . Robotics Quanity (1) $249 DataCOm Warehouse Set of Office Professional Quanity (1) $95 COrporate Software Manuals (Part # 97566) Estimated Cost of Project Using Gateway for Server and Micro- computers $29,696.00 Page 1 "' Agenda Item No. : gL.Cj. AGENDA REQUEST Date: June 2. 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: .June 6, 19(Fi Description of agenda item (who, what, where, how much) : Purchase of office work stations for the City Manager's office secretarial staff in the amount of $12.078.00 from Office Pavilion. Funding is available in account ---number 001-1211-512-12.10 City Manager's Regular Salaries. ORDINANCE/ RESOLUTION REQUIRED: Y2S/NO Draft Attached: YES/NO Recommendation: Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds) : Funding available :~ NO Funding alternatives: (if applicable) Account No. & Descripti ~count Balance: ~~1O ~t::WV\ F.a~ City Manager Review: Approved for agenda: fI11 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . [IT' DF DELIA' BEA[H DELRAY BEACH f lOR I II A ~ 100 N.W. 1 st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000 AII.America City " III! MEMORANDUM 1993 TO: David T. Harden, City Manager FROM: Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING JUNE 6, 1995, APPROVE PURCHASE OFFICE WORK STATIONS/CITY MANAGER'S OFFICE COMPLEX DATE: June 2, 1995 ACTION City Commission is requested to approve the purchase of office work stations for the City Manager's office secretarial staff in the amount of $12,078.00 from Office Pavilion. Funding is available in account number 001-1211-512-64.10 Furniture/Fixtures. BACKGROUND It has been apparent for some time now that the existing work stations utilized by the administrative support staff in the City Manager's Office are inadequate and inefficient in view of today's computer technology needs. The existing work stations were never designed for computer compatibility. As a result, the existing work stations are cluttered, inefficient and lack sufficient work space. We have consulted with two office design and layout companies, 2HSD and Office Pavilion. The original work station layout and design was completed by 2HSD. The total original cost quotation obtained from 2HSD was $22,192.88. This quote was for a style that contained wood veneer working and trim surfaces with fabric partitions. 2HSD also provided options without wood surfaces from two different vendors at $11,346.42 and $11,773.97. In order to obtain price comparisons we contacted Office Pavilion to provide a quote. Their quote and comparison was based on the original 2HSD proposal with some additions and changes requested by our secretarial staff and totaled $12,078.00. Quotes provided by each company were based on different product lines; @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS 9L.9. . " Agenda Item # Page 2 2HSD was based on Options System, Office Pavilion was based on Herman Miller. The 2HSD proposals without any wood were R.O.S.I., Inc. Basic Solutions and Precision. We believe that the product quality proposed by Office Pavilion is adequate for our use and is more in line with our budget projections. The product quoted by Office Pavilion contains wood working surfaces and wood trim. We feel that this style is more conducive to our office environment versus an all metal/fabric style as quoted by 2HSD in their alternate proposals. Office Pavilion's quote is a 70% discount from list price, based on the GSA contract for Herman Miller furniture. RECOMMENDATION Approve the purchase of three work stations as quoted by Office Pavilion in the amount of $12,078.00. with funding to come from account number 001-1211-512-64.10. RAB:kwg File:g:agenda Doc.:OfcFurn.CM ~ -z ] 0 () ~ ..J <J 1 ~ ~ ~ ~ .-1 \i1 (> II \.L. () ~ \ \L\) <:) ~ -- h- \~(J (!" 0 "\J \j ~ -Z 98/2 dS " .. ] " 1 . ~ l ?- f-t G -J ~ J. II \I) ~ () <:i I~ ~~ C\J ~ ~ "V' I~ N a.. (,? J 0 C\J FF SP ~ (,? ~ j.:l dS " .----' May 24, 1995 Ms. Miriam Denham City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33344 Dear Ms. Denham: We are pleased to present the following revised proposal for your consideration. If you have any questions or if I may be of further assistance, please do not hesitate to contact me. Sincerely, OFFICE PAVILION --.' Offic(' Pavilion 1/;fa ~ .;Zh-C6.ni -\ If'>"lIIan Mill.>" D,-al,'r Marilyn R. Wilson Onc Oakwood Bo"It'van) Market Manager S"ite JOO Hollywood, FI,wida :\:lO:W MRW/cr Bnl\.."anl :\OS '12 I . !\TH Fax :lOS 92\ - _,727 Enclosures ()O I Brick,'lI K"v \".i"" S"i'" LOI Miami. F\ol"itla Proposal #8843mw2 :nl:~1 Dad.. :~OS ');9 - 02LO Fax :lOS :,;7 -GH j 100 Northpoint P,"-kway S"ite 10] W..st Palm B"'lC'h, FIOI'ida :H40; Palm B",,,'h 40; ()!Ill - O()OO Fax 407 ()!\!\ - 06')!\ " City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 Attn: Miriam Denham May 24, 1995 Proposal #8843mw2 Re: City Manager & Administration SUMMARY Option A Total GSA Product: $8,141.40 (As Per CAP Spec. CDB01AA) Total Open Market Product: $2,361.60 (As Per CAP Spec. CDBOIAA1) Installation: $35.00/man hour (Estimated to be 45 man hours) Make Purchase Orders As Follows: GSA Herman Miller, Inc. c/o Office Pavilion One Oakwood Blvd., #100 Hollywood, Florida 33020 Contract No.: GS-OOF-5092A Purchase Order Total: $8,141.40 Open Market Office Pavilion One Oakwood Blvd., #100 Hollywood, Florida 33020 Purchase Order Total: $2,361.60 Labor billable at $35.00/man hour Note: Herman Miller pricing on this quote is good on orders placed with Office Pavilion by May 30., 1995. Orders placed after that date will be subject to price increase. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJI<1 SUBJECT: AGENDA ITEM # 9.A. - MEETING OF JUNE 6. 1995 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JUNE 2, 1994 Attached is the Report of Appealable Land Use Items for the period May 15 through June 2, 1995. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. 1? Sc. E-,'t)E-O ~ e- I ~D 6-0 L // i )0 \ \ CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER ~~ THRU: DIANE D~NGUEZ, D~~ ,EARTMENT OF PLANNING AND ZONING Wnu~ ~ FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF JUNE 6, 1995 REPORT OF APPEALABLE LAND USE ITEMS MAY 15. 1995 THRU JUNE 2.1995 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 May 15, 1995 , through June 2, 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 June 6, 1995 Page 2 PLANNING AND ZONING BOARD MEETING OF MAY 15. 1995 _ A. Approved on a 6 to 0 vote a modification of a conditional use associated with the expansion of office areas for the South County Mental Health Facility located on the east side of Military Trail, south of Linton Boulevard. The following agenda items which were considered by the Board will be forwarded to the City Commission for final action: * Recommended approval (6 to 0), of a conditional use request to allow the establishment of a private school at the Temple Sinai Campus on West Atlantic Avenue. * Recommended approval (6 to 0), of a corrective small scale Future Land Use Map amendment from General Commercial and Transitional to Commercial Core for parcels located within City Blocks 77, 78 and 86. * Recommended approval (6 to 0), of a change of zoning from CBD (Central Business District), GC (General Commercial) and SAD (Special Activities District) to CBD-RC (Central Business District - Railroad Corridor) for properties located Downtown, adjacent to the FEC Rail Corridor. * Recommended approval (6 to 0), of a rezoning request associated with the re-establishment of the Special Activities District (SAD) for Marina Delray, located at the southeast corner of George Bush Boulevard and Palm Trail. * Recommended denial (6 to 0), of the annexation and initial zoning of POC (Planned Office Center) and small scale Future Land Use Map amendment form County HR-8 (High Density Residential - 8 units per acre) to City Transitional for the Carusillo and Evans Property, located on the west side of Military Trail, immediately south of the L-34 Canal. * Recommended approval (6 to 0), of a conditional use request to allow a building expansion and construction of a parking lot for Bethel Evangelical Church, located at the northeast corner of S.W. 8th Street and S.W. 8th Avenue. * Recommended approval (6 to 0) of a conditional use request to allow the establishment of a vehicle care facility (limited to the changing of oil and City Commission Documentation Appealable Items Meeting of June 6, 1995 Page 3 lubrication) for Delray Auto Repair and Quick lube, located at the southeast corner of S.E. 6th Avenue and George Bush Boulevard. * Recommended approval (6 to 0), of an amendment to the land Development Regulations deleting the special use provisions for properties located within 100' of the FEC Railroad within certain geographic areas in the Central Business District. * Recommended approval (6 to 0) , of an amendment to the land Development Regulations allowing for an exemption from certain property taxes when associated with improvements to historic properties. * Recommended approval (6 to 0), of the Redevelopment Plan for West Atlantic Avenue. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MAY 17. 1995 1. Approved (6 to 0), the architectural elevation for the addition of a perimeter wall associated with a single family development Whispering Oaks located on the south side of Germantown Road, west of Homewood Boulevard and immediately west of Andover Subdivision. 2. Approved (7 to 0), a request for a color change to an existing commercial building Linton Towers, located at the southeast corner of Linton Boulevard and Dixie Highway. 3. Tabled (7 to 0), a request to change the architectural elevations of a commercial building to permanently allow boarded-up windows at Silver Plating Delray , located at the southwest corner of Federal Highway and George Bush Boulevard. The Board continued the item to allow the applicant to come up with a timeframe and plan for replacing the windows. 4. Approved (7 to 0) with conditions, a request for internal adjustment for a reduction in the rear yard setback for screen enclosures around swimming pools within the Sabal Lakes Phase III development, located on the east side of Barwick Road, north of lake Ida Road. City Commission Documentation Appealable Items Meeting of June 6, 1995 Page 4 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MAY 31, 1995 5. Approved (7 to 0), a request for a color change to an existing commercial building Giancarlo Restaurant, located at the northwest corner of N.E. 6th Avenue and N.E. 1st Street. 6. Approved (5 to 2) with conditions, the landscape plan for the Citation Club, located on the east side of Military Trail, south of Linton Boulevard. The site plan and architectural elevations were previously approved by the Board. 7. Tabled (6 to 0), the site plan, architectural elevation plan and landscape plan for Fine Realty Office, located at the northeast corner of N.E. 3rd Street and N.E. 5th Avenue. The Board tabled the item in order to address discrepancies on the plans and numerous technical comments. 8. Approved (6 to 0) with conditions, the site plan, architectural elevation plan and landscape plan for Seaside Dunes, a 12 unit multi-family development, located on the east side of A-1-A, 100 feet south of Linton Boulevard. Concurrently, the Board approved several waivers, namely, * an interior adjustment to reduce the front setback to zero with respect to the 24' access tract, to allow the second story balconies to encroach into the access tract up to 6 feet and to allow the side interior setback for pools and spas within 3 feet of the individual lot lines within the development. * the requirement for the installation of a sidewalk in the A-1-A right- of-way. * a reduction of the parking requirement from 30 spaces to 28 spaces. 9. Approved (6 to 0) with conditions, a major site plan modification, architectural elevation plan and landscape plan associated with a 5,508 sq. ft. building addition at Ellie's Diner, located on the west side of North Federal Highway approximately 1,000 feet south of Gulfstream Boulevard. Concurrently, the Board approved a request to reduce the parking requirement for the catering hall addition from 76 spaces to 62 spaces and recommended that the required 5 foot landscape strip along the east half of the south property line be waived. City Commission Documentation Appealable Items Meeting of June 6, 1995 Page 5 HISTORIC PRESERVATION BOARD MEETING OF MAY 17 , x. Approved (4 to 0) with conditions, a Certificate of Appropriateness associated with the demolition of a non-contributing single family residence and new construction of a single family residence located at 345 S.E. 7th Avenue. RECOMMENDED ACTION. By motion, receive and file this report. Attachment: Location Map - LOCATION MAP FOR CITY COMMISSION MEETING OF JUNE 6. 1995 L-3Q CANAL -----------.--.------- ~ ! i ! ~ 8 c: oC ID ..J Z ~ :;c i ~ e: r'-'-'-'- z <D l ~ . ~ G. ! 0 LAKE IDA ROAD i I ~ ;E i a:: < ! ID c:: hJ'---'-' i...-__J-'-" I .1,., I t . . t I L._._._ .-., ...--J t I . i . ~ SW 2 ST i ~ !I;! ....-.-j < i III .... i ! ~ ~ i Ul LOWSON BOULEVARD 2 11lft:T 8 ~ ~ ~ ...J oC ~ " I III --.-.-......- .,.....-.-.-....-......-....-----.. . L-38 CANAL S.P .RAS. P. & 2.: CITY UMn'S --.-.. 1. - WHISPEAING OAKS A. - SOUlH CDUNTY ftlENlAl HrALTH 2. - LINTON TOWERS I U1LE , 3. - SILVER PLATING DElRAY I 4-. - SABEL LAKES PHASE III SCALE 5. - GlANCARLO RESTAURANT H.P.B.: 6. - CITATION CLUB N 7. - FlNE REALTY OrnCE 8. - SEASIDE DUNES X. - 34-5 S.E. 7th AVENUE 9. - EWE'S DINER Cl1Y Of' IlELRAY 8UoCH, FL PIMtNNC DEPMmIENT -- DOrA!. 1llSE' I/AP SYS7EIf -- " . . [IT' DF DELRA' BEA[H DELRA Y BEACH r tOil I D A tI.ftd 100 N.W.. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000 All-America City , III I! 1993 MEMORANDUM DATE: June 2, 1995 TO: City Commission FROM: David T. Harden, City Manager ~ SUBJECT: Location of Lifeguard Headquarters Attached is a copy of our architect, David Miller's, evaluation of six alternative lifeguard headquarters locations. In addition to the information you have been given previously, we now know the following: 1- Ingraham Park is somewhat wider than we had previously informed the architect. We finally located a copy of the Ingraham parking lot plans. They indicate the park is 60' wide. The property appraiser's records indicate it is 59' wide. The lifeguard headquarters designed by our architect is 40' wide. Mr. Miller stated that we could easily take one foot out of the middle of the building if that were neces- sary. Therefore, it is possible to put the lifeguard headquarters as presently designed on Ingraham Park and still have the 10' setbacks required by our LOR's. If nothing else is changed, we would lose 12- 15 parking spaces. Also, the officers of the condo-minium on the south side of Ingraham Avenue have indicated their residents would oppose putting the lifeguard headquarters at this location. 2. The architect shows that from an operational standpoint, Sandoway Park, Anchor Park, Ingraham Park, and the Sandoway House site are all equal. After discussing operational issues further with our staff, I believe it is more important operationally for the lifeguard head- quarters to be close to the vehicular access point to the beach at Casuarina Road. It is less important for the headquarters to be centrally located, relative to the lifeguard towers. Therefore, Anchor Park is operationally superior to the other three sites. @ Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS 9.8. . . City Commission Lifeguard Headquarters June 2, 1995 Page Two Based on the above, together with the information contained in the architect's Site Analysis and Recommendations previously distributed to the Commission, I recommend that Commission choose Anchor Park as the site for the new lifeguard headquarters, subject to the County agreeing to extend our lease to Anchor Park so the lease term remaining will be at least 50 years. DTH/mld Attachment . ~, '-- \ IV: CONCLUSIONS AND RECOMMENDATIONS: i The conclusions and recommendations to be drawn from this site analysis should be categorized into several distinct areas. These include: Cost - the anticipated costs for the new facility exclusive of property acquisition; Operations - the operational needs for the facility; and, Maintenance - the short and long term costs to keep the facility operational and maintain it over time. CQSI Based upon the previous analysis, the sites can be ranked from least to most expensive: 1 : Sandoway Park 2: Anchor Park 3: AlA, adjacent to Fire Station #2 4: Ingraham parking lot and roadway 5: 142 South Ocean Boulevard 6: Atlantic A venue, East of A 1 A OPERATIONS Based upon the previous analysis, the reports attached in the appendix, and the known operational needs of the Beach Patrol, the sites can be ranked from best to worst in this category: 1 : Atlantic A venue, East of A 1 A 2: (tie) Sandoway Park Anchor Park 142 South Ocean Boulevard (new facility) Ingraham parking lot and roadway 3: (tie) AlA adjacent to Fire Station #2 142 South Ocean Boulevard (renovate existing) MAINTENANCE -. Based upon exposure, site location, expected building materials, and ongoing usage, the sites can be ranked from least to greatest maintenance and operational costs required over time: I: (tie) Sandoway Park Anchor Park 2: (tie) 142 South Ocean Boulevard (new facility) AlA East of Fire Station #2 Ingraham parking lot and roadway 3: Atlantic Avenue East of AlA 4: 142 South Ocean Boulevard (renovate existing) (5) , M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: fJ'}{ITY MANAGER SUBJECT: AGENDA ITEM ~ g ~ - MEETING OF MAY 16. 1995 PROPOSED LOCATION OF BEACH PATROL HEADOUARTERS DATE: MAY 12, 1995 At the workshop meeting on May 9, 1995, Commission directed staff and the City's consultant (David Miller and Associates) to evaluate a suggestion from Mr. Robert Neff concerning Ingraham Avenue and the location of the Beach Patrol Headquarters. At the time the agenda was complete, the site analysis for the Ingraham Avenue proposal had not been received from David Miller and Associates. This material will be hand delivered as soon as it is available. '/ iJfW . I q 5 / . !PI .f # .5!I'f ~ lib ~ 6 .r v"S~pJil-l ' ~,)if"'{dtfl-k C 0 {~o(\ ~ f-P f?JSI oJJ-- 1Jtfl #' ptf' (I/)0 ~ li~ oe ~ eP p~ ';)- 50' ~fe,t f{ffl Col.o' ,q oj<~; P'q~ Jb /qs' I ~II j1eof11 t;1 6 " l~l1 l' /inp~ I~ ~(1'1" ref:agmemo16 M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # qC - MEETING OF MAY 16. 1995 PROPOSED LOCATION OF BEACH PATROL HEADOUARTERS DATE: MAY 15, 1995 Attached is a copy of the analysis prepared by David Miller for the Ingraham Avenue proposal. This proposal utilizes all of the roadway on Ingraham. It would provide a net gain of approximately thirty (30) parking spaces. The option of just using half of the roadway would not permit double loading parking. At this writing, the City Attorney is still investigating the right-of-way issue. ref:agmemo20 . 'TDUCHSTONE WEBB REALTY TEL:407-659-6711 Ma~ 15 95 13:18 No.012 P.02 David Miller and Ass 0 cia t e s, P.A. DII\'id R. Miller, A.I.A. MEMORANDUM TO: JOE Vt'ELDON/BOB BARCJNSKI FROM: DAVID MILLER~ PROJECT: BEACH PATROL FACILJTV/SJTE ANALYSIS SUBJECT: INGRAHAM PARKING LOT AND ROADWAY DATR: MA Y 15, 1995 i Attm:hed please find information on the above-referenced site for inclusion with the previously prel')arcd report. The information includes a site analysis (pagc 4.1), a site plan, and modifications 10 page 5 of the report ranking tlus site in relation to th~ others. Please let me know if you have uny questions 01' concerns. Architecture ])Ianning COhRtruction ManH2cmcnt . Interior Dcsi&JJ JO~ SOlllh NlIn'iuul Avenue 'West Pnhn Rellch .lilorldA .33401 (407; 6SS.]77~ . JO~CHSTONE WEBB RE8LTY TEL:407-659-6711 Ma~ 15 95 13:19 No.012 P.03 , . F: Ingraham Parking Lot and Roudway: This site was ~uggested hy a resident ohhe City and comhincs the existing parking area along with the Ingraham Road right of way. The optimum usage of the combined areas is for parking lot access off Gleason Street to the \vest, a double Jo~de.d parking area (approximately 60 spaces), and thl: Beach Pau'ol fadIity at the east end ofthc site. There is adequate lhmbtge to im:lude a one way access d1ive oIl' A 1 A. The attached site plan shows this configuration and indicates an aUemative entry off Gleason Street which would necessitate new curb cuts and would not align with Ingraham Roud t.o the west, but would provide udditionul parking (approximately 4 spaces). The Beach Patm1 facility \''I'ould be a h''I'o level structure which would be built into the existing grade (which is similar to the conditions at Samloway and Anchl.)r Parks). There, is not adequate grade differentia110r the lower level to be placed fully under the upper area \".'ithout extensive cul and fill and removul of the access drive allhe easl end. The public l'cstrooms would be itlcorporated into this sile. The additional costs which may bc incurred at this site include removal of the existing roadway, new paving and drainage, landscaping and irrigation, as well as site lighting and signElge. These additional costs could range between $75,000 and $80,000 in addition to the construction of the llcaeh Patrol facility. (4.1) " TOUCHSTONE WEBB REALTY TEL:407-659-6711 Ma~ 15 95 13:19 ~~c'.01.? F.C'" .....-. . -~_.-... 00, , , AL 1E:RNA TE fNTR y I I , . I I I I , , , I I , , RIGHT-Dr-WAY I I .' I I I I I I I , I I I , , , , I I I I I ..:1 c-_ I I , I I I I , , , I I I I I , , I , I J I , , I I I , I I I . , I I I 1 I I STC;<AOr./MAINTfNANCE BUILDING , NE W BeACl1 PA TRO~ - I I ACILITY ....-----.. ---- S. Oce ------~ ""-~....~;.''''_::,''''"''____ On BlVd. ~:~-'=-- [TO BfAC ~~ H ..:::.~-:--,.... --....;-~- ~ Sit e F -~=-~ ~-_._------ ;"-...~o; Ingraham PorklnQ Lot & Roodwov ...... -'~~ . . TOUCHSTONE WEBB REALTY TEL:407-659-6711 Ma~ 15 9:, 13:20 No.012 P.OS , . IV: CONCLUSIONS AND RECOMMENDATIONS: The conclusions and recommendations to be drawn from this site analysis should he categoril:ed into several distinct areas. These include: Cost ~ the anticipated costs for the new facility exclusive of property acquisition; Operations ~ the operational need~ for the facility; and, Maintenance ~ the short and long term CO!its to keep the facility operational and maintain it over time. COST Based upon the previous analysis, the sites can be ranked from least to most e.xpens;vc.: 1 : Sando way Park 2: Anchor Park 3: AlA, adjacent to Fire Station #2 4: Ingraham parking lot and roadway 5: 142 South OCCat1 Boulevard 6: Atlantic A venue, East of A I A OPERA TI()NS Based upon the previous analysis, the reports attached in the appendix, and the known opcrational needs of the Beuch Patrol, the sites can be ranked from best to worst in this category: 1 : Atlantic A vcnue, Ea!\t of A 1 A 2: (tic) Sandoway Park Anchor Park 142 South Ocean Boulevard (new facility) Ingraham parking lot and roadway 3: (tic) AlA adjaeel1t to Fire Station #2 142 South Ocean Boulevard (renovute existing) MAltsWANCE Bused upon exposure, site, location. expected building materials, and ongoing usage, the sites call be ranked from )~ast to greatest maintenance and operational C(Jsts required over time: 1 : (tie) Sandown)' Park Anchor Park 2: (tie) 142 South Ocean Boulevard (new facility) AlA &'"iSl of Fire Station #2 Ingraham parking Jot and roadway 3: Atlunttc A venue Bast of A 1 A 4: 142 South Oce,\n Boulevard (renovate existing) (5) . 4/24 TO': ~-:...: t- l" ' ':. Planning -- Please evaluate this idea. Thanks! DTH/mld MAY - ~ 1995 . '" IT Y r,:: i. 300 S.Oce~n' Blvd.~ Delray :I1~ a c h , FL 33483 A ~ r i ~ 2_? -'_....:_:;;C,._~ " ,. f:F~t=I\!f=""" I Delray Beach City Commission - j - . . . r J Delray Beach, Florida !iFil 2 1 1~95 '" . 1'/ iY ~~~. ,v , .. I.' 'li,.i.Glith S aI'FleE Dear Commissioners: ,;; " '- - "'-., If ;I ..--.............. oN' - -... , Please consider saving $650,000 for Delray Beach taxpayers and also provide a great Ocean Boulevard location for the beach patrol building. By moving INGRAHAM AVE North 45 feet (Gleason to Ocean Blvd.) you double the amount of parking spaces. If you use 50% of the increased parking space for the beach patrol building, you have created a great site for this activity and have increased beach parking by 50% at this location. Other creative uses of this property can be achieved by closing or creating one-way traffic on Ingraham Avenue as there is a surplus of east-west cross streets in this section of the city. Sincerely yours, r-. ..' /. ' I ./ I . '""... "'" ,~I / Robert H. Neff Ohio-Florida developer retired ~T-" \ " ':'- .. ,~ ." . :-: ,.. ._~ / ~ I, t A;!' : -. ~.... ~10~;-~ " i(,j]]) APR 2.1 1993 PLANNING 2: ZONING MEMORANDUM TO: Diane Dominguez, Director w/ ' . J X' ~.~'v~- FROM: John Walker, Project coordlna~or (.~ t DATE: May 5, 1995 SUBJECT: SUGGESTION FROM ROBERT NEFF CONCERNING INGRAHAM AVE. Mr. Robert Neff suggested that additional parking could be gained in the Ingraham Ave. parking lot by moving the road 45' north. Although the specific suggestion would not result in additional parking, a site visit shows there is a possibility to more than double the existing parking. There is a condominium on the south side of Ingraham Ave. which takes access from Gleason St. into a parking garage. There are no driveways on Ingraham Ave. For the block from AlA to Gleason, the only access points are to the City parking lot. Ingraham Ave. parking lot provides 49 parking spaces, single loaded. The total distance from the south side of Ingraham Ave. to the north side of the parking lot is approximately 70' . A double loaded parking lot requires 64' or less. Ingraham Ave. could be closed as a street, and the road and parking lot could be rebuilt as a double loaded parking lot, with driveways on AlA and Gleason, located approximately 25' north of the existing Ingraham Ave. This would net approximately 108 spaces, an increase of 59 spaces. There would also be room for additional landscaping to buffer the adjacent properties. In addition, a portion of this property could be the location for the new lifeguard headquarters. "T: \advanced\INGRAHAM . . A/A , I l - ~ ~ 4.s-1 "-.:. 7(1 , i .. . . . t4f..A I I I I I I I \> I ~ ! I I ~ ! I ~ I ~ ~ ~ "- ~ 'i ~ Z~I ~ I I I I I . I j I ! I . j j - ')"'------- '" . . , We the undersigned request that the City Commission eliminate the property at 142 Ocean Blvd. as a site for the Lifeguard Headquarters for the following reasons. 1. It will not be efficient for the Lifeguard requirements. 2. It will be unnecessarily costly to renovate and maintain. 3. It will postpone the actual construction of the facility for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! NAME ADDRESS ~~~~~~~-~' _ 6Rlicj --Z:?--S!----g-~ -2 ~~ fX/~~~ 4(;-i' ~ !jJ.J//f ~5r2:/fI>F,;C_~ ~ 'I "I' .r ------ 1b-ij----1~ ~ aJ d ; (! .g:~eI- / . \__LIdZ E 1 ----~~-.- ------/~------~~--- ft/JTffo;J y q 0S"' 1(- _/{ __ --~--1lt8T-ff~~~itc-~ __~KJ_LJ{-----~--~-1fG ~J.ltJ If 1 ~ f ._.._._----~ .--- 9tfl ~.~ J L1 { ( Ir ----------(f{(; ------ II "Co U . .~ / . . i3'? y~ <K"-'i) a~ . 71hy.ES _ J?i:(fJ~~~ ~~ A' - .'. ! ,. c.,.. IE ~ ~~_tP t.lc~_.2, 7~-1JP~~__!' f))L,,/ fJ.Jl" e-t, :i'P_ u - i>~ '%~?L~JJ~_i;~_~~~ T1t~- _'-~~P _'i-;/2-r~c~f)~$,~0 / ( - ~"'-- We the undersigned request that the city Commission eliminate the property at 142 Ocean Blvd. as a site for the Lifeguard Headquarters for the following reasons. 1. It will not be efficient for the Lifeguard requirements. 2. It will be unnecessarily costly to renovate and maintain. 3. It will postpone the actual construction of the facility for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! NAME ADDRESS d:P-ILtf:f- __u 9/0 !1l~ (Oft~.H ~{__ ,-- v)~ 7 l t~ ffi . . /J. 7 '(5 , ~14~6.L,. ; '_H - --, 7'/ () )1 --. Cr'. H__ ___2L ~:-~C_~C___________ _. _( (_0 .. wJ s~_ i~-J-~~---- ____ \. ,." ______ __I/_~__lt)ll5zaz11__~__ --. - -~--- !ZLr~~l ___ J /II _lJIleJdni _____jrfl~ 7,R-~C ~cJ? ..-._____ _ __n_._ ..-___.lLizL- ~;-~___~____ _ __ ________ 9'1 8_L&>PL.C2___f L '! /). '--71!f- . .._---_.._---~~~ . , ______:!1 (i~_ J2 ,. q3 9-; , ~ .___. .......______.'___ __'i_h. .~____.__.__ __.____._ _LA~~~~~~_1-=t).__~~_~~~~_~\ s \.. ^ ~.- m .-1'<. ji>!-~---3'f3 .C01-~4 __If~J~L,_L2 ~!f)J..E-LJ__ __ _____ 't__.. ___L3] _ __ s',_W_ .._ __.__Ave? ___ _._._---,----_._--~_._---~.__.._._._.. ......_..._--"---------,--'.'-_._....._- .".-.- .--------...--.'.---..-,- --"- -.. ""---'- ....,-..-. -- --.-.. --- .~+- -- ----.- ~._-. .~_.__.._-"-_.. -.--. .._- --- -.",.- ._.... '-.'.-'.~~._"'-'."-' ._- .-.".-..-.--------... -.-.-- _... _..-----~-- - -.-.--.-.---- --.-- ._~----_._-_._--_..- ----_._._----_..._-~-- ~ 1'1 )___ We the undersigned request that the city commission eliminate the property at 142 Ocean Blvd. as a site for the Lifeguard Headquarters for the following reasons. 1. It will not be efficient for the Lifeguard requirements. 2. It will be unnecessarily costly to renovate and maintain. 3. It will postpone the actual construction of the facility for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! NAME ADDRESS ~<,&pEtfj~/ 4:JZ~:]2eLJf.&~. ~" =EkL~ I] e 12..,-fi!y.dtd.__ .___ .JoJkl,fu_]).e.--~---- JYJ~ >"~ "I!D ~~ ~. .___.__,,___.__.._ _....."...._.__......__.__________u_._~~..__,.~____________. '.._ r0~1 "t-beN'Aff;S ~ 13~j_jjtJ ~11+~_ fA ,- c., -<. ~-t-P- - ------7------------.----- B f-yv /~-~ ' ~ l, i1Mcl <^-~~~-f 1 ~_~_~iV1U~ ~'--u.u._ {/ ilr4~r<.-) li);Z tV u/ ::i ~f !W/f/!.AU/ ~)) - / / f).,/ - P b ,/) F L~_0~J~: _L~'_d_I ~-~-'b ~~----.Q G5f1:/2--d~n.________.__ ..-- .~./fl-i:#_-------------.-6--e()-4 ~._______ 7J. LJ /1f4 ThA ~'-"~/!~"jz;~f-.-.!2~A~~~n~-~. 3'"''10/ - -- ._._~.... ----------.-.--------..----- ___~faJ.<LJ.!..U1t'~ 3-3 '(<Il! _-_5CfJt- 71 LJ5_~r ~ -'--'------'--'--'-- ------ - --~- --.---.--------.--- ._--.~._--_.__._.__._,-_._-------,._.~_._-----_._._- -~._---~._---, '-'-.--.--- ._--- .'.--- --- ----~---------_. ~,_.,----- , We the undersigned request that the City Commission eliminate the property at 142 Ocean Blvd. as a site for the Lifeguard Headquarters for the following reasons. 1. It will not be efficient for the Lifeguard requirements. 2. It will be unnecessarily costly to renovate and maintain. 3. It will postpone the actual construction of the facility for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! NAME ADDRESS , Pe.-r~f\ ITIS ) , 1/ ,; . ., , ) ,1/ :__~lSlc -J , I I &:- t. / I: ,I -j', t -, - ",' ; ':,~:... '". ~r__ t.. t.~~: '--I ' I I., ,- / I "--------- -~---_.."-"_.,-_._._--_._- , ]l~~ 1') RAu,J -- f?e irJ t#o'-P gr(2.fC/l t.MP CA/I1I~Z. I I Vo L PE- B!) l:> f2.0~ I ~oa>Aoc;.. , ...(b., w-t.. MAUl../ ,J /~ c..D MM 1'1,(-z 0#{J. _____ ____________________l_2:1~__LlLI,,,L~/ _<1~~ (!- ~-_._-_.-~------,_._-~,_..__., ---_.._-_...__._-,._-_.._-----~.-_._._-,-_. _.,~-_..-..._-~_.__.._,---_.._.__.~-_._._-------"._._-._-~_._._-------- ----,.__._--,---,._-_._-_.,._.._-~--- -- ------'---.-".-----+-..---,.----..... -- _.___m______.__ ------- --_._- -------..----------------- - . i ' ,. :1. ,.<. '~l We the undersigned request that the city Ccmmis:;ion eliminate the property at 142 Ocean Blvd. as a site for the T,ifeguard Headquarters for the following reasons. 1. It will not be efficient for the I.iregu. rd lequirements. 2. It will be unnecessarily costly to reno-ate and maintain. 3. It will postpone the actual construction of the facility for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! .. " NAME ADDRESS ~~ @!t~. . c?7d&S'C<-_3L4u~ iM~6e-/ ~ff~--~~&!-~ 7~~~ ~J!zt;d)~ 27.;10 sz~~:~;fJ;p)_ . 4 __ ... ~~7~%&~~~h;&/ ~~ A3bo );0 -:<~.( (Jy~ 7 ~~-- _.___ .,___'_.______'_..___.______.. _____,._____._._______,_._...________~_,.,_A_.______.___ ... .._.._.. _0_,__. ______ ... ..._.._____.._.....__....._.. ,,~~~ me~~ 23(,~____~l.(j . J,.;,~'lltlc-~ Rxu- :s3~)- ~/A~ -2& 60<;lu!-2?.vI~ ~33>/<I.s- . .~-rl:;-: - ~ ;<3;l.C):~':J2')..~At.€ ~33'1~~ ~~If7h' . _ ~i2-1. ii..t~ )1-v'~" 11 . nd~/r~ C;(~L_~':<~.....tCUH'_ If 'I Q ~~:c:L ~ ~)o:Ro..u.L. CI. 2 ~ 2-0 ~ Lt \ __J- '2- ~ <. '-/ #t Ol '3 :7- 0 ) w.. .J,:2- f2..J-( , ~I /( - ~ 3 "0 -SJv, ~). ~ k. 0 .)-:/2-1/5 tc/Y/ 4-1..f W Zl~. ~.. ... - .:-j-:i~~{:::;;~-ff:J-;,'~;:~::~ 7~--.---n----u--.--- . --- ~ ~<..-_--~~ Jt~~~~'- 3~:!~ (!ft.ff, ~~.<'--- !J-).i~g.Yr:-?_J.-I 4-<-- -'6')<1<1-(--- --~-21~---..~.----..----..._--------..---.--.--- - /!..~ We the undersigned request that the City Commission eliminate the property at 142 Ocean Blvd. as a site for the Lifeguard Headquarters for the following reasons. 1. It will not be efficient for the Lifeguard requirements. 2. It will be unnecessarily costly to renovate and maintain. 3. It will postpone the actual construction of the facility for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! NAME ADDRESS /'J-31/ S 0/1/7/€ r".J S' A-t,-<- . .2_tJ 6, ~~ ~d~h~/ ~ (' ;- rl' r' ...-.--."' I {; $/ ... S~~~ve:v, ~~~ II~d~~ ~ ---,---.------------- ---. .._._-----~----- "--- -- -_._- .- ---..'..-.-.-..-----.---.-.-----------.-..----.----.--_._-------- --.-------.-----..- ,,--_. "..---.-..,. "-"'-'-", -. - ".">'_._~._..._.._._".....- -"-.-'--- . _u.,._. ..__._.__..__...._..,.__.'.__._..__.____'". ----_..._----~--_._------,.~._-_._~-.'------~,------------..-. --. --- ---- .... ~ '!t"~ ----,---_._._------ ,.'....": " - &h...-..- 7:P-- We the undersiqned request that the City commission eliminate the property at 142 Ocean Blvd. as a site for the Lifeguard Headquarters for the following reasons. 1. It will not be efficient for the Lifeguard requirements. 2. It will be unnecessarily costly to renovate and maintai!1. 3. It will postpone the actual construction of the facility for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! NAME ADDRESS . .w y.. f < /' ~ 3a~ We the undersigned request that the City Commission eliminate .th~ property at 142 Ocean Blvd. as a site for the Lifeguard Headquarters for the following reasons~ 1. It will not be efficient for the Lifequard~equirements. 2. It will be unnecessarl1y costly to renovate and maintain. 3. It will postpone the actual construction of the facility for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! NAME ADDRESS eX __j~~f) ~if; k5; . _~ . ._A~~~____~tLQ~t1~_t: .~_~2_ ~.. A / )~]) . (. / r ' ,'r \ / 4////1 .~ /i'S-O" / r: '- ..--....--.-....- ..... -.. ... -------- ._===~_-~-1_~_~~~_a.--~.L=8- ~;~-~~ _-----L'~,g_<f- ~ . cl u h Otp :_ld/~ /6.0-)) ~Br\, , - ~..a-1J\__~* 1Jn.... -- y;rs--c: '1, (IiJ~ -_. /lJ('S8~~.~'~ . lOin A- ~ ~-E-. . /1)/0 4 /~~J ~ /d2/J If (he ~~:e- ~ , ~-______L~::zt24~-0de ,0\1. L ~~d-U--~ /0<0 ~ ~e&~7. 2~ 1J~ ~. -32!$:: ~ /k .< .- -..- .-- 6-f....A..W --.-' . ---..- -.---...-. . ----.- _. ____..___________________~j1.)l.~ /~~~_____ 7/.~ ' '2.- U D, IV. I I ) ~ .~<16 l+_.L ~~'v(7 o'ld ~ rn~ ~ - .Jl --<-'I . . We the undersigned request that the city Commission eliminate the property at 142 Ocean Blvd. as a site for the Lifeguard Headquarters for the following reasons. 1. It will not be efficient for the Lifeguard requirements. 2. It will be unnecessarily costly to renovate and maintain. 3. It will postpone the actual construction of the facility for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! NAME ADDRESS 9~- ~ ?,,4P? -<l../ il t. It :1/-/l-I/J; ,!J EL/{;9. .3 3> 'J~~ GtJAJ"rR mAlO,e(' (! d'v,.JIR ~#~ I / I -,,,", I' / {( t I ( ( /. J- t, l. 1 (1 I , ~~ (... ..=>-----\:....l We the undersigned request that the City commission eliminate th~ pI0pgrty at 142 Ocean Blvd. as a site for the Lifeguard .HegQfJlla~tQr!':: for the fOllowinq reasons. - -- -- . 1. It wll1 not be efficient for the Lifeguard requirements. 2. It will be unnecessarily costly, to- renovate anctmalntain. 3. It will postpone the actual cons.tructlon ottne tac1lity for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! NAME ADDRESS 3W().~ CCK"'_~ lCd:JoD~ \2-&, t:ili~& uA~ ~, Jl~c:.. ~? ~~tI- I b oClr:D-L'k~__/d{Jr-llm u\ It . ~~~~----~;:-~~~~~ '~1~ ~'- J7A&'f}4J;'-V'~~ Jrc/ J1d/lL<l ~~ ~ ~~v ,:t7~t~ /6~/r!~. ~~8d' 7/-4 .fcUJ /i-f'A~a-.- /.t Ou j}=-<,~, 0 '. " R, j I?'C/ZJ a(/~ ~~ - ~~-t, /6 tJ'7J ..to ( R~ _~o~~/[c( ;L~/~I!l ~ ~ ~ /6tJi) ~v;tJ, 1/' II ~3v--!!T~~ . ' :, ~.' '-Cfl~-r.L-___ .. 3--~ - t ( .-e-'Lhvt jJe rc(/ 1..Yt.:J)~.h~' /J ,..~~-_..----~ ()_ I~~~ tt ~ llttt B ' ~_u___________ ___ -----~-:l------ ___ ______________':1_ ~!...$. c.1i..~~~3b..u.--~t;;'-_.ffi..d_~~ nc J ~,~ ~6h~- / jhMo-&i,.~ R~ ~:-/.'ed--L.~, 3l,<4-g 5 u) &.1: LV'l, :L~ 1ca i;hL n 3?5hS0 ~{jjI- kvL' ,B~- ~ ft.J:...~ We the undersigned request that the City Commission eliminate the property at 142 Ocean Blvd. as a site for the Lifeguard Headquarters for the following reasons. l. It will not be efficient for the Lifeguard requirements. 2. It will be unnecessarily costly to renovate and maintain. 3. It will postpone the actual construction of the facility for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! NAME ADDRESS , Ij~ '2... c. ,J 0 f/...-<:('~ 'tl \t ' ~tCL-{("'t 6~ {fad Ai1f~'Be lJ ,:& 3-z,1-<ls' u~----f,;ZJ;2~ ,', , (f/L W~YI }FfJAy3Y 'PfS- --- ._::~tjb2}Ii4;~: Jd ~ __L '/ z#]ja U I - {l/r.,l - _ _.______ ______________/:1.1> tz;J2-~! ._ 3-ai'ls -/;t5;; }~ _=~_=:-;~i~~~ (:#~; ;;~~'-= -~_. , -.--. -- --- ._"----_.._-~._.._--". ---- -- -"--'--'~-----'----'---"'--'-------'--- --- -_._._--,--_._.._--_.~-----_..._----~.._-----,-_..._----_._-----,~-_..._-_.._.- '.-'-'- ....-.---- .__.--_._._----~~_.. - -"------ -------- .-. _._.._-~---_.----+---,_._----,--------------_._--_. -------_._--+------- --_._-- ---._-- ~ 11 El,/"1- We the undersigned request that the city commission eliminate the property at 142 Ocean Blvd. as a site for the Lifeguard Headquarters for the following reasons. l. It will not be efficient for the Lifeguard requirements. 2. It will be unnecessarily costly to renovate and maintain. 3. It will postpone the actual construction of the facility for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! NAME __ -3 ~_c??-! -- ------_.------_._._..._._---_._.._--~-_._._- --....---------- ._.._-_._.,--_..__._.~----,._---~-~--_._..__.__.__._.----_._---~--_._._--,-_._-,..._------_.- _._._----,---- --- --------_.._--_._~.__.- ------ -- -.--.- -- -- ._-_.._-_.,._----_._--,---_._-~ -.---'-'- ---.-----------.- - - ~ We the undersigned request that the City Commission eliminate the property at 142 Ocean Blvd. .as a site for the Lifeguard Headquarters for the following reasons. 1. It will not be efficient for the Lifeguard requirements. 2. It will be unnecessarily costly to renovate and maintain. 3. It will postpone the actual construction of the facility for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! NAME ADDRESS --L'a_IZV ~#2-U/Ldt?G~__ _____~(_?:_t! ~_ _;!_).~:( ~~~ I//~ ~~_______S~d ~.cJ /$t'-7i-gg.,.. ~L;~ ~m____jlt2& tlK 5JlJJ!:/fti<<;$f.::*--- ~ ~I ;L _.SLJ ~ef 1lu~ _ ~ _ /J.d 4L--4i&."i-z ~ Oe\~~ -=6: ~~~JJ~~ _~~ll)u! J! !-~t/,e . _~- f:,i.l ;Z P4 a ~ 1-0 S'\"f } A Yji; J)~J.. RA"j - .fA C ti R.___.___ ___. _._.._.,..._.__.____"_.__..,__._.._.,___.._..~__.___._._..____.___ __ ~-..J.iJ~JaI/J,~-~~___A_hr-- " 1luJ1 __2t~___J~2~k _ ~_ (e.~ n1 ~ -J G-o~ I'JLU' iJ ____________b_QE_____.s:~___-~Ltt~___ ...~~--.====~:~I~~s:-\~~~:~;;:~ r -- ._-_._---_._-_.-._.~----_..,._-_.- -.-.----.------- ------.--,--- --- ..-----..---.-------.- ---.'----..--- -_.._._---~.~._._-_._------- ---- ---..-- -- ------,_._._.__._--,-------~-,------- -_..~-,------~----_.__...._------,------ A-!JIJ- ~ We the undersigned request that the city Commission eliminate the property at 142 Ocean Blvd. as a site for the Lifeguard Headquarters for the following reasons. 1. It will not be efficient for the Lifeguard requirements. 2. It will be unnecessarily costly to renovate and maintain. 3. It will postpone the actual construction of the facility for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! NAME ADDRESS ---^.--' .-- _____&__i9~~ ._~~P / 1 \ " I ~ We the undersigned request that the City Commission eliminate the property at 142 Ocean Blvd. as a site for the Lifeguard Headquarters for the following reasons. l. It will not be efficient for the Lifeguard requirements. 2. It will be unnecessarily costly to renovate and maintain. 3 . It will postpone the actual construction of the facility for as long as it takes to obtain sufficient grants to pay back either the county or the trust. It will not be free! NAME ADDRESS _.____m.__'__ __.._______.__,___. ,_..__ ____ _ - ---- - --...-..-..- .-.._~- -- --- - ---....'--...- ~--------._-_._-_._--~----------_.._.-_._--- -,-_._------- ._-_.__._._--------_._._-_._-~ ---_._-~-_._- - ---, ---~-,--_._------- ._-<"-- -~.~ ..-------- --- -_.._-_.__._-_._--_._-------_.~.._.,-._"-_._--_.~--_.-.-...--.-.. -..--....--...---.,. --- -- -------------_._--_._-_._-----_.~--,---- --_._--_._-_._-,.~-"'.__.._.,--_._..._------,._--_.~---_.._-_.--_._,._~_._.._------------_._--....~----_. -----_.__._--~~._.._- - _._---------_.~._..~... -"_......_..-_.~. .,' .---.. '-'-'--'-'.-' ._------_..---_._"---.-_._-_.._.._._._~-_.-.,-~--~-- - ...-..--------.--.-------.----.--.....-.-- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERm, SUBJECT: AGENDA ITEM # q.C . - MEETING OF JUNE 6 , 1995 CONDITIONAL USE REQUEST/TEMPLE SINAI DATE: JUNE 2, 1995 This is before the Commission to consider a Conditional Use request to allow the establishment of a private educational facility (Developmental Resource Center, Inc. ) at the Temple Sinai Campus on West Atlantic Avenue at N.W. 24th Avenue. Developmental Resource Center, Inc. is a school devoted to educating children with learning disabilities such as attention deficit disorder and dyslexia. The school will be occupying four existing classrooms. The class sizes are limited to a maximum of 12 students with one teacher and one aide. Therefore, maximum total enrollment will be 48 students. Hours of operation will be 8:00 a.m. to 5:30 p.m. , with classes conducted from 8:45 a.m. to 2 :45 p.m., and tutorial services provided between 3:00 and 5:00 p.m. There will be four full-time and four part-time employees. At its meeting of May 15, 1995, the Planning and Zoning Board voted 6-0 to recommend that the request be approved, subject to the condition that the maximum enrollment be maintained at 48 students, and hours be limited to 8:00 a.m. to 5:30 p.m. Recommend approval of the Conditional Use request to establish a private education facility at Temple Sinai subject to the find- ings and condition as recommended by the Planning and Zoning Board. ~ 5-0 (;/~ CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DI~NG~~to DEPARTMEN ~F P NIN AN ZONING FROM: SUBJECT: MEETING OF JUNE 6, 1995 CONSIDERA TION OF A CONDITIONAL USE REQUEST TO ESTABLISH A PRIVATE EDUCATION FACILITY (DEVELOPMENTAL RESOURCE CENTER, INC.) AT TEMPLE SINAI, LOCATED AT THE NORTHWEST CORNER OF WEST ATLANTIC AVENUE. AND N.W. 24TH AVENUE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Conditional Use request to establish a private education facility (Developmental Resource Center, Inc.) at Temple Sinai, which is zoned CF (Community Facilities). The subject property is located at the northwest corner of West Atlantic Avenue and N.W. 24th Avenue. BACKGROUND: The development proposal is to establish a private education facility for Developmental Resource Center, Inc. at Temple Sinai. Developmental Resource Center, Inc., is a school devoted to educating children with learning disabilities such as attention deficit disorder and dyslexia. The school will be occupying 4 existing classrooms consisting of approximately 4,000 sq.ft. at the southwest corner of the structure. The class sizes are limited to a maximum of 12 students with 1 teacher and 1 aid (14 total). Thus, the maximum potential enrollment for this facility will be 48 students. The hours of operation will be 8:00 a.m. to 5:30 p.m., with classes conducted from 8:45 a.m. to 2:45 p.m., and tutorial services provided between 3:00 p.m. and 5:00 p.m. There will be 4 full-time and 4 part-time employees. "' City Commission Documentation Meeting of June 6, 1995 Developmental Resource Center, Inc. at Temple Sinai- Conditional Use Approval Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of May 15, 1995, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony objecting to the proposed use. After reviewing the staff report, the Board voted 6-0 (Schwartz absent) to recommend that the Conditional Use request be approved subject to the following condition: . That the maximum enrollment for the school be 48 students, and be limited to the hours of 8:00 a.m. to 5:30 p.m. RECOMMENDED ACTION: By motion, approve the Conditional Use request to establish a private education facility (Developmental Resource Center, Inc.) at Temple Sinai subject to the findings and condition as recommended by the Planning and Zoning Board. Attachment: . P & Z Staff Report and Documentation of May 15, 1995 JCIY:CCTEMPLE.DOC 'PLANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: May 15, 1995 AGENDA ITEM: V.B. ITEM: Conditional Use Request to Allow the Establishment of a Private School at the Temple Sinai Campus on West Atlantic Avenue. I , i!i 2 :, IIClH _MIl I (fl ~ (fl &..I 5 E ell: L .; u i!i :I- ATLANTIC ::z !: I)E\.RA'I' 1lEf'O' Q ~~ U GOLf' cijuRSi: GENERAL DATA: Owner......................................................... Temple Sinai of Palm Beach County, Inc. Agent........................................................... Jeffrey Levine Developmental Resource Center, Inc. Location...................................................... Northwest corner of West Atlantic Avenue and N.W. 24th Avenue. Property Size............................................... 9.99 Acres City Land Use Map...................................... Community Facilities - Church . City Zoning.................................................. CF (Community Facilities) Adjacent Zoning.................................North: RM (Medium Density Residential) East: R-1-AA (Single Family Residential) South: OSR (Open Space and Recreation) West: RM and POD (Professional and Office District) Existing Land Use........................................ A 29,480 sq.ft. synagogue with associated facilities (Le. classrooms, assembly hall, etc.) Proposed Land Use...........,,,,,,,,,,,,,,,,,,,,,,,,,, Establishment of a private school with a maximum enrollment of 48 students within a portion of the facility. Water Service.............................................. Existing on site Sewer Service.......... ....... ............................ Existing on site V.B. I T E M B E FOR E THE BOA R D : The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval for a private education facility (Developmental Resource Center, Inc.) at Temple Sinai, pursuant to Section 2.4.5(E). The subject property is located at the northwest corner of West Atlantic Avenue and N.W. 24th Avenue. B A C K G R 0 U N D : In 1954, a single family subdivision plat comprised of 74 lots was recorded for Breezy Estates. Approximately 12 of the lots were developed at that time and the balance remained vacant. In 1982, Temple Sinai purchased a portion of the vacant lots to build a synagogue. On July 27, 1982, the City Commission approved a conditional use request to establish a 12,740 sq. ft., synagogue on the subject property which was located within the R-1-AA (Single Family Residential) zone district. The facility accommodated 350 seats and 175 parking spaces. With the Citywide rezoning and adoption of the Land Development Regulations in October, 1990, the property was rezoned from R-1-AA to CF (Community Facilities). At its meeting of January 14, 1992, the City Commission approved a conditional use modification for the Temple with conditions. The development proposal was a two-phased project consisting of a 10,663 sq. ft. addition to the synagogue to accommodate additional lobby space, office space and classrooms (Phase I); and, a 6,077 sq. ft. social hall with a stage, bema, dressing rooms and storage area (Phase II). The classrooms were to be used for bible study and other related acti vi ties which are accessory uses to the Temple. In conjunction with the condi tional use request, the need for a collector road was . identified in order to provide access to the vacant land north of the Temple property. The right-of-way for the collector was reserved along the western boundary of the subject property via a reservation agreement. On February 5, 1992, the Site Plan Review and Appearance Board approved the'site plan modification for Temple Sinai which incorporated the Phase I (10,663 sq. ft. ) and Phase II (6,077 sq.ft.) improvements along with associated landscape plans and building elevations. The improvements associated with both phases were constructed in 1992. Currently, the Developmental Resource Center, Inc. is renting 4 classrooms from Temple Sinai with 3 full-time and 3 part-time employees and an enrollment of 31 students. A conditional use request (application) has been submitted to legally establish a pri vate education facility at Temple Sinai, and is now before the Board for action. P & Z Board Staff Report Development Resource Center at Temple Sinai - Conditional Use Page 2 PRO J E C T DES C RIP T ION : The development proposal is to establish a private education facility for Developmental Resource Center, Inc. in the CF zone district. Developmental Resource Center, Inc. , is a school devoted to educating children with learning disabilities such as attention deficit disorder and dyslexia. The school will be occupying 4 existing classrooms consisting of approximately 4,000 sq. ft. at the southwest corner of the structure. The class sizes are limited to a maximum of 12 students with 1 teacher and 1 aid (14 total). Thus, the maximum potential enrollment for this facility will be 48 students. The hours of operation will be 8:00 a.m. to 5:30 p.m., with classes conducted from 8:45 a.m. to 2:45 p.m. , and tutorial services provided between 3:00 p.m. and 5:00 p.m. There will be 4 full-time and 4 part-time employees. CON D I T ION A L USE A N A L Y S I S . . CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 of the Land Development Regulations, prior to 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 Board to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of Community Facilities and a CF (Community Facilities) zoning designation. The land use and zoning designations are deemed consistent with each other. Pursuant to Section 4.4.21(C)(2), within the CF zone district, a private education facility is . allowed as a Conditional Use. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Positive findings as they relate to Concurrency were made in 1992, with the conditional use and site plan modification approvals for the 16,740 sq. ft. addition to Temple Sinai. However, level of service standards which may be affected with this request to establish a private school must be revisited. . " P & Z Board Staff Report Development Resource Center at Temple Sinai - Conditional Use Page 3 Streets and Traffic: A Traffic Study was prepared indicating that the proposed school will generate 144 (2.99 trips per student x 48 students = 144) additional trips per day to the surrounding roadway network. Access to the site is provided from West Atlantic Avenue which has been recently widened to 6 lanes. The traffic generated by this development will not have an adverse impact on the level of service standards along Atlantic Avenue. Solid Waste: The trash generated each year by the proposed school will result in an 18 ton increase to the 3 tons currently generated by the Temple (21 tons total) . This increase can be accommodated by existing facilities therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings i.n 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. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable policies are noted. Section 2.4.5(E)(5) Required Findings: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the . stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject 'property is bordered by the following zoning districts: to the north is RM (Medium Density Residential); to the east is R-1-AA (Single Family Residential) ; south, across Atlantic Avenue, is OSR (Open Space and Recreation); and west is RM and POD (Professional and Office District) . The existing land uses adjacent to the property are: north is vacant land (Tate property); east are single family dwellings (Breezy Ridge Estates subdivision); south, across Atlantic Avenue is the Delray Beach Municipal Golf Course; and, west is the High Point condominium development and vacant land with a development potential of offices. " P & Z Board Staff Report Development Resource Center at Temple Sinai - Conditional Use Page 4 Compatibility with the adjacent residences is not a major concern. Establishment of the school on the site will not necessitate any exterior building modifications or upgrades to the site (parking and landscaping), and the traffic generated by the use will be minimal. Existing landscaping adequately buffers the site from the adjacent residential properties to the east and northwest. Thus, the establishment of a private school at this location should not have a detrimental effect upon the stability of the adjacent neighborhoods, nor should it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS With the conditional use and site plan approvals of 1992, the site was developed in compliance with the Land Development Regulations (i.e parking, landscaping, building setbacks, etc.). There are no modifications proposed which would require processing a site plan modification. With the school proposal there is no additional demand for parking. There are 238 parking spaces existing on the site wnich exceeds the number of parking spaces needed for both the temple and the school. REV I E W B Y o THE R S . . The development proposal is not located within a geographical area requiring review by the Community Redevelopment Agency (CRA) , Downtown Development Authority ( DD~) , or Historic Preservation Board (HPB). Special Notice: Special Notice has been provided to the following homeowner's associations and citizen's groups: Highpoint Condominium Association Progressive Residents Of De1ray (PROD) United Property OWners . Public Notice: Normal public notice has been provided to property owners within a 500 ft. radius of the subject property. Letters of objection, if any, will be pr~sented 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 private education facility at Temple Sinai. The school will occupy approximately 4,000 sq. ft. of the existing 29,480 sq. ft. structure. The request is consistent with Chapter 3 (Performance Standards), Section 2.4.S(E)(S) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive P & Z Board Staff Report Development Resource Center at Temple Sinai - Conditional Use Page 5 Plan. The proposed use will not require any exterior building modifications or site upgrades. The existing landscaping adequately buffers the site from adjacent properties. Sufficient parking exists on site for the proposed use, and the traffic generated by the development proposal is minimal. A L T ERN A T I V E ACT ION S . . 1. Continue with direction. 2. Recommend approval of the Conditional Use request for a private education facility at Temple Sinai (Developmental Resource Center, Inc. ) based upon positive findings with respect to Chapter 3 (performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan, subject to conditions. 3. Recommend denial of the Conditional Use request for a private education facility at Temple Sinai (Developmental Resource Center, I nc . ) based ,upon a failure to make positive findings with respect to Section 2.4.5(E) (5) (Compatibility) and Chapter 3, Sections 3.1. 1 (C) (Consistency) of the proposed use with adjacent land uses. R E COM MEN D E D ACT ION : Recommend approval of the Conditional Use request for a private education facility at Temple Sinai (Developmental Resource Center, Inc. ) based upon positive' findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E(5) of the Land Development Regulations and the policies of the Comprehensive Plan subject to the following conditions: 1. That the maximum enrollment for the school be 48 students, and be limited to the hours of 8:00 a.m. to 5:30 p.m. . Attachments: Location Map Site Plan T:CUTEMPLE.DOCl .. ~ I r'r-'--'-~'__'T_'__'__'__'__ ,__.__.__.___;!G.:!l~!..._.__._ -.--.--.--.--.- .- -'--'--'--'--'-l I , i I . I ' I i : i I , : ! i I I : I! I i'~~ I ~ ...--\-.--.--.--.--.--.-- I 'I /. . I ;.. I . I I h .tl l . ....---------- t _, );I=! ,. ! ! Ii l Ii~i __\__ (. L.__.__. -.--r'-' . I " ...,,"--1ia ---!(: - ~ ...." ,:' /"! I : ,-;.- -----\;:r-- ~, \ \ / I I 1//. \' \ ,. i I I I , ~ '..' 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I ill,,;.. . ~ i I j , i . , ~ I ~ I \ ~ \ ~ I '" ~ ~ -i 1 I . i ~ i \ ------------------ i I ~f! -------~- -- ----. - -----,- \ ~~~-~-- - ~-c ;VENUE ,'\,LI\N1\ . . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM it q. D. - MEETING OF JUNE 6. 1995 CONDITIONAL USE REOUEST/DELRAY OUICK LUBE DATE: JUNE 1, 1995 This is before the Commission to consider a request for conditional use approval to establish an oil change facility (Delray Quick Lube) within an existing structure at 765 N.E. 6th Avenue. The subject property is located at the southeast corner of N.E. 6th Avenue and George Bush Boulevard, and contains 0.31 acres. The site formerly operated as a full service gasoline station, including automotive repair. The service station (gasoline sales) aspect was abandoned several years ago, but the automotive repair use continued and remains in operation. Prior to the 1990 City-wide rezonings, the property was zoned SC (Specialized Commercial) . In 1990, it was rezoned to GC (General Commercial) and the existing auto repair use became non-conforming under the GC district regulations. The current development proposal is for the construction of a 771 square foot addition to the existing structure, containing two service bays to be used in conjunction with the oil change facility. The non-conforming auto repair use will remain in operation, which is permissible provided the use is not expanded beyond its current location. Please refer to the staff documentation for a detailed analysis. The Planning and Zoning Board considered this petition on May 15, 1995, and voted 6 to 0 to recommend that the conditional use be approved, subject to conditions including the submission of a recorded affidavit attesting that no repair work other than oil changes will take place in the building addition. Recommend approval of the conditional use for Delray Quick Lube, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan, and subject to the conditions recommended by the Planning and Zoning Board. ref:agmemo5 ~ 118/ {f?MOOLPI-I dj5S~W'a9 ) . , (/( i':~) CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: MEETING OF JUNE 6, 1995 CONDITIONAL USE APPROVAL FOR ESTABLISHMENT OF AN OIL CHANGE FACILITY (DELRAY QUICK LUBE) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a conditional use request for the establishment of an oil change facility (Delray Quick Lube), pursuant to LOR Section 2.4.5(E). The subject property is an existing structure located at 765 NE 6th Avenue, located at the southeast corner of NE 6th Avenue and George Bush Boulevard. BACKGROUND: The subject property is a 0.31 acre parcel containing an existing service station structure. The service station use was abandoned several years ago, but a full service automotive repair use, which was formerly accessory to the service station continued to operate on the site. The site was rezoned from SC (Special Commercial) to GC (General Commercial) with the Citywide Rezonings associated with the adoption of the LDRs in October 1990. The existing auto repair use is non-conforming to the GC district regulations. The development proposal involves the construction of a 771 square foot addition to the existing structure. The addition would contain two service bays to accommodate the proposed oil change facility. The non-conforming auto service use would remain in operation. LOR Section 1.3 Non-conforming Uses and Structures does not prohibit an addition containing a permitted or conditional use to a structure containing a non-conforming use, so long as the non-conforming use is not expanded or extended beyond its current location. In addition to the above, the applicant proposed the following improvements: 0 reconfiguration of the parking lot to accommodate 9 spaces; City Commission Documentation Delray Quick Lube - Conditional Use Approval Page 2 0 facade upgrades for the existing structure to match the proposed; 0 addition of a dumpster enclosure; and 0 landscape improvements. The facility will operate from 8:00 a.m. to 5 p.m. Monday through Friday, 8:00 a.m. to 2:00 p.m. on Saturday, and will be closed on Sundays. The oil change use will require two employees (one for each service bay). No vehicle storage or repairs are proposed in the new bays. However, vehicle storage and repairs are currently undertaken on the site, associated with the existing auto repair use. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board Considered this item at its meeting of May 15, 1995. The Board had concerns regarding the possibility of the applicant expanding the non-conforming use into the new structure, but telt that the proposal would benefit the City by improving the appearance of a blighted site. The Board voted to recommend approval of the conditional use with the added condition that the applicant submit to the City an affidavit, to be recorded in the public records, attesting that no repair work other than oil changes will be undertaken in the new bays. RECOMMENDED ACTION: By motion, approve the Conditional Use request for Delray Quick Lube based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan, and subject to the following conditions: 0 Approval of a Site Plan by SPRAB in general conformance to the submitted sketch plan and addressing all conditions of approval. 0 Address all Landscape Technical Items with the Site Plan submission. 0 Construct a sidewalk in the George Bush Boulevard right-of-way 0 Dedicate 7' of additional right-ot-way tor George Bush Boulevard at the time of site plan approval 0 Submission to the City of an recorded affidavit from the applicant affirming that no work other than oil changes will take place in the building addition 0 Submit an Affidavit of Notification to the Palm Beach County Department ot Environmental Resource Management Attachments: 0 P&Z Staff Report ,~\ P'LANNING AND ZONING BOARD CITY OF DELRAY B~,CH --- tAFF REPORT --- ./ MEETING DATE: May 15, 1995 AGENDA ITEM: V. I . ITEM: Conditional Use Request for a Vehicle Care Facility (Limited to the Changing of Oil and Lubricatiop), for Delray Auto Repair and Quick Lube. GENERAL DATA: II i---ll 11""'" i ' - f J L ;! /HIB1 ~ I ;f!fd 11f=~ OWner............................................ Bill Shanahan 11111 1ST.,' 'I I, ~ c Appllcant.......................................Jim Johnson ~ 19 I' .J Location......................................... Northeast corner of NE 6th Avenue I-- Ij "I (northbound Federal Highway) and I ~ George Bush Boulevard. I j ,CS~ ,~ Property Size................................. 0.31 Acres I .. I Land Use Map Designation............ General Commercial H I I ST. I _ Zoning........................................... GC (General Commercial) ~ .~ I ._ Adjacent Zoning....................North:GC I'-~:::= I Ea~:GC ~ ~ I South: GC r--, ~ I West: GC and AC (Automotive Commercial) ~ ..:; 1.Eo I ST. Existing Land Use.......................... Existing 1,211 square foot full selVice 0.... = I ~rr vehicle repair facility - I III - ....... -- - I - UI Ip. ~ Proposed. Land Use........................ Conditional use approval for a 771 square Ii - - m~ r T~ - - foot oil change facility to be added to the -= I = - existing non-conforming use, with associated = I - - parking and landscape modifications. = I ~ = - - N W t S . Ex' t. 't --- I - .Eo ...... (; ..m a er elVlce................................ IS Ing on-sl e. _ _ ---1-0 - . . . . - lz,--_ Sewer SelVlce................................ Existing on-site. - 1 . ':'-- _ (; - :r:f--_ !-- . I.,f--_ - I . ~'-- - - f-- _ --I ~ - - = ~ '"' ~ ~ :r: :r: ..J -l .., < ,I ffi ...- 'iI t=~ ~ ~ V.1. . ( C' 0 The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval for an oil change facility (Quick Lube), pursuant to Section 2.4.5(E). The subject property is portions of Lots 40-42 and Lots 59-61 of McGinley and Gosman's subdivision. The 0.31 acre parcel is located at the southeast corner of NE 6th Avenue and George Bush Boulevard. The subject property is a 0.31 acre parcel containing an existing 1,211 square foot service station structure, constructed in 1959. The service station use was abandoned several years ago, but a full service automotive repair use, which was formerly accessory to the service station continued to operate on the site. The site was zoned SC (Special Commercial) until 1990. The site was rezoned to GC (General Commercial) with the Citywide Rezonings associated with the adoption of the LORs in October 1990. The existing auto repair use is non- conforming to the GC district regulations. The development proposal involves the construction of a 771 square foot addition to the existing structure. The addition would contain two service bays to accommodate the proposed oil change facility. The non-conforming auto service use would remain in operation. LOR Section 1.3 Non-conforming Uses and Structures does not prohibit an addition containing a permitted or conditional use . to a structure containing a non-conforming use, so long as the non-conforming use is not expanded or extended beyond its current location. In addition to the above, the applicant proposed the following improvements: 0 reconfiguration of the parking lot to accommodate 9 spaces; 0 facade upgrades for the existing structure to match the proposed; 0 addition of a dumpster enclosure; and 0 landscape improvements. The facility will operate from 8:00 a.m. to 5 p.m. Monday through Friday, 8:00 a.m. to 2:00 p.m. on Saturday, and will be closed on Sundays. The oil change use will require two employees (one for each service bay). No vehicle storage . . . Planning and Zoning Bo( ;taff Report (- Conditional Use Approval - Quick Lube Page 2 or repairs are proposed in the new bays. However, vehicle storage and repairs are currently undertaken on the site, associated with the existing auto repair use. .:...:...:.:..............:...............:.:.............:.:...............................................itjflI.UIIIltlNlIu...........SSr.RIiIIi......IS.......................................................................................................... ;::;;;::~:;~t:::\::::::1::~:::;::::\:::;;;~1::::\\;::;II\:\:~\:\::::::;::::;:::\:t:::~:::~:\::::.:::;;:::.;::::.:::.:.:::.:.:.:.::'.::::I)f::.:.::::;::.:::.:.:::::.::::::::::::.:.:::::tl::.:::.:.:.:i::;::~:!.:::::::::.:.:::.:.:::::::::::::.:::::::j.:::~::I::.::;.:::.:":~::::::::~:\::::::;:;i,:::::::::::;:::~:::::~::::\:;~:~~::::::::\:::::::::~::::::;\:::::::::::I:t:i,::i,~;l .' FUTURE LAND USE MAP The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of General Commercial and a zoning designation of GC (General Commercial). The GC zoning district is consistent with the General Commercial land use map designation and 'Vehicle care limited to changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station" is listed as a Conditional Use in the GC district [LOR Section 4.4.9(0)(15)]. The existing full-service vehicle care use is not permitted in the GC district. The use was established as an accessory use to the service station that formerly occupied the site. The service station ceased operation and the gasoline tanks were removed in 1989. The auto repair use has been in continuous operation since that time. The applicant proposes to continue the non-conforming use and add the conditional use. The addition of a permitted conditional use to the site does not constitute an expansion of the non-conforming use. Based on the above, a positive finding can be made with regard to consistency to the FLUM. CONCURRENCY Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. . Traffic: The applicant provided a traffic study by a registered engineer indicating that the use will generate 120 new average daily trips (ADT). Capacity is available on NE 6th Avenue and George Bush Boulevard to accommodate the added trips. Water: Water Service is provided to the site by a 6" main in the George Bush Boulevard right-of-way. According to the Comprehensive Plan, the City's water treatment plant has capacity to serve the City at build-out under the existing FLUM " Planning and Zoning BO(. .itaff Report (- Conditional Use Approval - Quick Lube Page 3 designations. No upgrades or extensions of existing facilities are required for this development. Sewer: Sanitary sewer service to the site is provided by an 8" main in the NE 6th Avenue right-of-way. According to the Comprehensive Plan{; the South Central Wastewater Treatment Plant has capacity to serve the City at build-out under the existing FLUM designations. No upgrades or extensions of existing facilities are required for this development. Solid Waste The added 771 square feet of auto service use will generate 138 pounds per week of solid waste. The Solid Waste Authority has capacity to dispose of the additional waste. Waste oil from the development will be recycled. Parks and Recreation: Level of Service standards for parks and recreation facilities are not affected by non-residential developments. 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 redevelopment of nearby properties. The proposed use will be located in an existing commercial area in the GC and AC zoning districts. The adjacent properties are a bakery, a service station, a vacant and blighted service station, a funeral home, a full-service automotive dealership, and a partially vacant commercial structure that contains a metal Planning and Zoning Bo{ -'taft Report (- Conditional Use Approval - Quick Lube Page 4 plating shop, The site as it currently exists is in a blighled condition, with - derelict fuel pump islands remaining from its former use, a dilapidated structure, broken glass, pavement in poor condition, and no existing landscaping (except poorly maintained grass). The current condition of the site has a detrimental effect on the neighborhood and hinders development of the surrounding properties. Significant upgrades to the appearance and functionality of the site are proposed. Thus, the proposal will significantly enhance the immediate vicinity. While the appearance of the site will be greatly improved by the proposed upgrades, there is a concern that monitoring the types of activities which will take place in each bay will be difficult and that the petition will result in an expansion of the non-conforming use. The City has taken a strong position against the continuation of non-conforming auto uses, particularly along Federal Highway. The Board could find that the continuation of the non-conforming auto repair use is, in itself, detrimental to the surrounding area. In that case the Board has the options of outright denial of the conditional use request or approval of the request with a condition that operation of the non-conforming auto repair use cease. That condition would ensure against expansion of the non-conforming use into the new bays, however, the applicant may feel that it is not economically feasible to operate the Quick Lube operation alone. Staff reviewed the objectives and policies of the adopted Comprehensive Plan and identified the following applicable policies: Conservation Element Policy A-2.1 Assurance that the County Wellfield Protection ordinance is complied with shall be accomplished by including compliance as a performance standard for which a specific finding must be made upon approval of any site plan or Conditional Use action. The site is located in wellfield protection zone #4. Submission of an Affidavit of Notification to the Palm Beach County Department of Environmental Resource Management is included as a condition of approval. . Traffic Element Policy A-2.2 Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of-way of adjacent streets. Such dedication shall also include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Plan. The proposed site is adjacent to Northbound Federal Highway (NE 6th Avenue) and George Bush Boulevard. Federal Highway has an ultimate right-of-way of 60' and 80' is existing. George Bush Boulevard has an ultimate right-of-way of 80' and 66' is existing. A dedication of 7' ot right-ot-way tor George Bush Boulevard is included as a condition ot approval. Planning and Zoning So{ .- ( .>taft Report Conditional Use Approval - Quick Lube Page 5 Traffic Element Policv 0-1.1 All new development shari provide for the installation of sidewalks... A sidewalk is existing in the NE 6th Avenue right-of-way. Addition of a sidewalk in the George Bush Boulevard right-of-way is a condition of approval. Future Land Use Element Policv A-2.4 Automobile Uses' are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall be adhered to: Q Auto related uses shall not be permitted in the CaD zoning district or within the geographic area along Federal Highway which extends four blocks north and three blocks south of Atlantic Avenue. The site is not located in the CBD district or in the described geographic area. 0 Auto related uses which involve the servicing and repair of vehicles, other than as a part of a full service dealership, shall be directed to industrial/commerce areas. The proposed use is specifically listed in the GC district as a conditional use. The use falls under the general category of "specialty service shops," which are distinct from "automobile service and repair" as defined by the LDRs. All specialty service uses (muffler, brake, tire, etc. service and oil change facilities) are conditional uses in the AC district, and oil change facilities conditional in GC (General Commercial rather than in Industrial or Commerce FLUM designation). Thus, the proposed conditional use does not conflict with the intent of this policy. The existing non-conforming auto repair use does conflict with this policy. however, that use is "grandfathered," and may be continued, subject to the . conditions of LOR Chapter 1.3. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS LOR Section 4.3.4(K) Development Standards Matrix: Setbacks: The existing structure and the proposed addition meet all required setbacks for the GC district. Planning and Zoning 80(- 3taft Report ( Conditional Use Approval - Quick Lube Page 6 Buildino Heioht: ~- The GC zoning district has a height limit of 48'. The existing structure is approximately 15' tall and the addition will be the same height. Open Space: I ~-J GC district regulations would require a minimum of 25% of the total site area to be devoted to landscape area. The site data provided with the submitted sketch plan indicate a total of 30.4% open space. However. a review of the submitted sketch plan indicates that only about 17% of the site is proposed in landscaping. Increasing the open space provided to meet the 25% minimum is a condition of approval. A portion of the required open space can be achieved by providing the required landscape setback adjacent to Federal Highway. Other: No requirements for minimum lot area, lot depth, frontage, lot width, floor area. development area, or maximum lot coverage are established for the GC district. LOR Chapter 4.6 Supplementary District Reaulations: Parkino: The site currently has no parking spaces that meet LOR design standards. The submitted sketch plan indicates a total of 9 spaces. Per LOR Section 4.6.9(C)(5)(b) auto repair uses are required to provide 4.5 spaces per 1,000 square feet of gross floor area. The structure, as proposed, has a total area of 1,982 square feet, requiring a total of 9 spaces Stackino Distance: Per LOR Section 4.6.9(D)(3)(c), a stacking distance of 100 feet must be provided . for all drive-through facilities. The submitted sketch plan shows a stacking distance of 120'. Landscapino: The site has minimal existing landscaping, which is in poor condition. The applicant has submitted a preliminary landscape plan that addresses many landscape requirements. The City Landscape Inspector has examined the sketch plan and has identified the following deficiencies in the plan. These items are listed as Landscape Technical Items. The applicant will be required to address these items as a condition of approval. . Planning and Zoning BO( 3taft Report (- Conditional Use Approval - Quick Lube Page 7 - - Landscape Technical Items: 1. Trees must be provided at a maximum spacing of 30' in all perimeter landscape areas. 2. Based on the proposed amount of pavement on site a minimum of 749 square feet of interior green space must be provided, approximately 400 square feet is proposed. 3. For 749 square feet of interior green space, a minimum of 6 interior trees are required, one is proposed. 4. An irrigation system must be provided for the site, including the addition of a rain sensor. 5. Add foundation plantings to portions of the building which are visible from the right-of-way. 6. Submit all required landscape calculations and notes with the site plan submission. LOR Section 4.3.4 (H)(6) Special Setbacks: Along Federal Highway a special landscape setback of 10' is required for lots with a depth of up to 200'. The site currently has no setback to the existing pavement. The proposed sketch plan shows a 5' landscape setback to the parking spaces. Provision of the minimum 1 A. landscape area adjacent to Federal Highway is a condition of approval. Along George Bush Boulevard a special building setback of 50' from the center line is required. The existing structure is setback 78' from the center line of George Bush Boulevard. . Downtown Development Authoritv: The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority). Community Redevelopment Aaency: The CRA (Community Redevelopment Agency) Board reviewed the proposal at its meeting of May 4, 1995 and recommended approval of the proposal. The ,. " Planning and Zoning saC 3taft Report ( Conditional Use Approval - Quick Lube Page 8 Board expressed concerns regarding the continuation of-the existing non- conforming use, however, they felt that the extent of the site upgrades outweighed their concerns about the use. Public Notice: . Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: 0 Stanley Milowski, Loren Sheffer, and Robert Dittman North Federal Highway Property Owners 0 AI Brock La Hacienda 0 Tony Del Fiandra Del-Ida Park Other: The P&Z Department has received more than 50 letters from the applicant's customers indicating their support for the applicant and the current proposal. However, it should be noted that while some of the letters addressed the merits of the development proposal, the majority attested to the skill and honesty of the applicant rather than the appropriateness of the proposed land use in that particular location. I(\ll(l[l[ll(l([[\[::l:~[ll\l:[l:\:(\~\:ll[!\[:~[~\.(:(((:(:ll\'l:I~ll[:[\I::\((:\\\:l\:;~\::llllllllllI\\:III(:\II:IIIIIIIIII\:\(;\ll\llll\\I:\:\I\\\\\\I"I\I\\\\\\\III'\II\\I\I\IIIII\1,1\\111\' . The proposed conditional use for the establishment of an oil change facility at the subject property will provide significant building and landscape improvements to a dilapidated and blighted site. The proposal will bring the site into compliance with all LOR requirements when the conditions of approval are met. The one item that will not meet LOR requirements is the existing non- conforming auto repair use. However, that use would be permitted to continue operating at the location, regardless of the outcome of the conditional use request. The addition of the Quick Lube use will not be an expansion of the non- conformity, so long as the applicant complies with all conditions of approval. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E}(5) regarding compatibility of the proposed use Planning and Zoning BO( 3taff Report (- Conditional Use Approval - Quick Lube Page 9 with surrounding properties. The Board also has the option of requiring cessation of the existing non-conforming use in order to ensure that compatibility, however that condition may render the proposal unfeasible. A. Continue with direction and concurrence. B. Recommend approval of the request for Conditional Use approval for Quick Lube based upon positive findings with respect to Section 2.4.5 (E)(5) (Compatibility), Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan subject to the following conditions: a Elimination of the existing non-conforming use and conversion of the two existing bays to the oil change use. a Approval of a Site Plan by SPRAB in general conformance to the submitted sketch plan and addressing all conditions of approval. a Address all Landscape Technical Items with the Site Plan submission. a No repair work other than oil changes, chassis lubrication, replacement of filters, and refill of fluids are to take place in the new bays. a Dedicate 7' of additional right-of-way for George Bush Boulevard at the time of site plan approval. a Submit an Affidavit of Notification to the Palm Beach County Department of Environmental Resource Management. a Construct a sidewalk in the George Bush Boulevard right-of-way. C. Recommend approval of the request for Conditional Use approval for Quick Lube based upon positive findings with respect to Section 2.4.5 . (E)(5) (Compatibility), Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan subject to the following conditions: a Approval of a Site Plan by SPRAB in general conformance to the submitted sketch plan and addressing all conditions of approval. a Address all Landscape Technical Items with the Site Plan submission. 0 Dedicate 7' of additional right-of-way for George Bush Boulevard at the time of site plan approval a No repair work other than oil changes, chassis lubrication, replacement of filters, and refill of fluids are to take place in the new bays - Planning and Zoning BO( -'taft Report ( Conditional Use Approval - Quick Lube Page 10 0 Submit an Affidavit of Notification to the Palm Beach County . Department of Environmental Resource Management 0 Construct a sidewalk in the George Bush Boulevard right-of-way D. Recommend denial of the Conditional Use approval for Quick Lube based upon a failure to make positive findings with respect to Section 2.4.5 (E)(5) (Compatibility) and Chapter 3. .' Recommend approval of the request for Conditional Use for Quick Lube based upon positive findings with respect to Chapter 3 (Performance Standards) of the land Development Regulations and the policies of the Comprehensive Plan, and subject to the following conditions: 0 Approval of a Site Plan by SPRAB in general conformance to the submitted sketch plan and addressing all conditions of approval. 0 Address all landscape Technical Items with the Site Plan submission. 0 Construct a sidewalk in the George Bush Boulevard right-of-way 0 No repair work other than oil changes, chassis lubrication, replacement of filters, and refill of fluids are to take place in the new bays 0 Dedicate 7' of additional right-of-way for George Bush Boulevard at the time of site plan approval 0 Submit an Affidavit of Notification to the Palm Beach County . Department of Environmental Resource Management Attachments: 0 location Map 0 Sketch Plan Y:\PlNZN\QUICK . (~ ( "" , H.E. 8 TH. 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"" '- '}..' ~ ~ .......~L ^ y y ~ "':: n ~ V" II ~ flY %dW -"" I 6 S!TE PLAN NORTH SCALE 1/6" . 1'-0' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ'!11 SUBJECT: AGENDA ITEM # 9.E - MEETING OF JUNE 6, 1995 CONDITIONAL USE MODIFICATION/BETHEL EVANGELICAL CHURCH DATE: JUNE 2, 1995 This is before the Commission to consider a modification to an approved conditional use to allow the construction of a 1,540 square foot building addition and an on-site stabilized sod parking lot for Bethel Evangelical Church, located at the northeast corner of S.W. 8th Avenue and S.W. 8th Court. The addition will accommodate six classrooms, a kitchen, and a bathroom. The pastor's office and choir room in the west wing will be converted to a Fellowship Hall, while the four classrooms in the south wing will be converted to a pastor's office, a clerical office, and additional seating for 64 people (7 pews) . The Planning and Zoning Board considered the request at public hearing on May 15, 1995, and voted 6 to 0 to recommend approval, subject to the conditions outlined in the staff report. Recommend approval of the conditional use modification for Bethel Evangelical Church based on positive findings with respect to Section 3.1.1 and Section 2.4.5(E) (5) of the Land Development Regulations, policies of the Comprehensive Plan, and subject to the conditions recommended by the Planning and Zoning Board. ~ ..1 -0 ~/< {/L I CITY COMMISSION DOCUMENTATION TO: THRU: ZONING FROM: PLANNER SUBJECT: MEETING OF JUNE 6, 1995 - CONDITIONAL USE MODIFICATION REQUEST FOR BETHEL EVANGELICAL CHURCH LOCATED AT THE NORTHEAST CORNER OF SW 8TH AVENUE AND SW 8TH COURT AND CONSISTING OF LOTS 1,2,6 BLOCK 1 COLONIAL HEIGHTS AND LOTS 19 AND 20 BLOCK 8 ROSEMOUNT PARK. ACTION REQUESTED OF THE COMMISSION: The item before the City Commission is that of approval of a conditional use modification to the Bethel Evangelical Church to allow a classroom addition, conversion of the existing pastor's office and choir room in the west wing to a Fellowship Hall, conversion of 4 previously approved classrooms into seating for 64 people (7 pews), a pastor's office and clerical office and construction of an on-site stabilized sod parking lot. Bethel Evangelical Church is located at the northeast corner of SW 8th Avenue and SW 8th Court. BACKGROUND: The subject property was developed as a 1,800 square foot church in 1965. A 1,000 square foot Sunday school addition was added in 1967. In 1987 Bethel Evangelical Church received conditional use approval for a 4,080 square foot addition to the existing church. The previously approved Sunday school was demolished and replaced by a the existing 5,880 square foot building accommodating seating for 140 persons, 4 study rooms, a church choir room, a pastor's office, and 48 parking spaces. In March 1995 an application for conditional use modification was submitted and is now before the City Commission. PROJECT DESCRIPTION: The modification request involves the addition of 1,540 square feet to the west wing, to accommodate six classrooms, a kitchen, and a bathroom. The modification includes the conversion of the approved pastor's office and choir room in the west wing into a Fellowship Hall. The classrooms will be used for adult bible study and Sunday school. The proposed hours of operation are as follows: City Commission Documentation Conditional Use Modification for Bethel Evangelical Church Page 2 Sunday service and school: 11:00 a.m. to 1:00 p.m. Bible study: Sunday: 10:00 a.m. to 11:00 a.m. Thursday: 7:00 p.m. to 9:00 p.m. The modification also includes the conversion of the south wing (previously 4 classrooms) into a pastors office, a clerical office, and addition seating for 64 people (7 pews). PLANNING AND ZONING BOARD CONSIDERATION: The Board considered the request at its May 15, 1995 public hearing. There was one person (Hazel Hoyt) from the public who spoke voicing concerns with respect to loitering in the area and the desire to have the church property secured. In response the Planning and Zoning Board added a condition that vehicular access to the parking area be restricted (chained) during non business hours. The Board unanimously recommended approval on a 6-0 vote. RECOMMENDATION: Recommend approval of the conditional use modification for Bethel Evangelical Church based on positive findings with respect to Section 3.1.1, Section 2.4.5(E)(5), policies of the Comprehensive Plan and subject to the following conditions: 1. Processing of a minor site plan modification for the proposed parking lot, internal modifications, additional seating, and classroom addition. 2. That the operation of the Fellowship Hall is restricted so that events are not conducted simultaneous with Sunday service, including a restriction that the hall not be used for extra seating in conjunction with worship services. 3. Removal of 7 existing pews and a restriction that the Fellowship Hall and other vacant areas within the church not be utilized for additional seating (permanent or temporary) without further conditional use modification approval. The maximum occupancy for worship services is restricted to 204 people. 4. Relocation or removal of the chain link fence to create standard 18' long parking spaces on the east side of the existing parking lot. 5. Provision of a chain or gate to restrict vehicular access into the parking area after hours. Attachment: * Planning and Zoning staff report PLANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: MAY 15, 1995 AGENDA ITEM: V.H. BETHEL EVANGELICAL CHURCH ITEM: CONDITIONAL USE REQUEST TO ALLOW A BUILDING EXPANSION AND CONSTRUCTION OF A PARKING LOT Sow. ,... ,~. 'II J~' 7TH ~ .n,h ~ Ji ~ lw. "" cT. .. 1/ SlJ I I. . I .' II. . iii ~ II , II' , I ..- .. I1H 1 .~ - ...... .. -.<om. _ ~ - 4 ,. ~ .,.. · \ - \'1 i-- - ~r:},?r- DIIIIIIIIIII I I I - II - - - - """"" - - ~ < -=m3 - n - - i-- - - #~ 8EHBIt83 I I I I I' I III - - . I I .', - - - """"" - - Sow. ... - - - - """"" - - ~II 11111111111\ \I IJI - - I- .11111111111111111 r I -- - '- S. \Y.' '--- 10TH -!l. II I I I II I r 11:1 - .~. 111,. 1l..UIf L JI ~ _._--- ----- GENERAL DATA: . ..- Applicant.................................................... Rev. Frank Francois Bethel Evangelical Church, Inc. Agent.............................................. ...... ...... Frank Dino F. P. Dino International - Location...................................................... On the northeast comer of SW 8th Avenue and SW 8th Court Property Size............................................... 1.04 Acres Land Use Plan............................................. Low Density Residential .. City Zoning.................................................. R-1-A (Single Family Residential) Adjacent Zoning.................................North: R-1-A East: R-1-A South: R-1-A West OSR (Open Space and Recreation) Existing Land Use........................................ Existing church with associated classrooms, with attendant parking and landscaping. Development ProposaL............................... Conditional use modification for the addition of six Sunday school classrooms. conversion of an existing office and choir room to a fellowship hall, conversion of four existing classrooms to add 64 new seats to the sanctuary, addition of .. two offices, modifications to the existing parking lot, and addition of a new stabilized parking lot with associated landscaping. Water Service.......................................... ... Existing on site. V.H. Sewer Service................................ ........ Existing on site. " ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation on a conditional use for Bethel Evangelical Church to allow the following: * A classroom addition. * Construction of an on-site stabilized sod parking lot. * Conversion of existing pastor's office and choir room in the west wing to a Fellowship Hall. * Conversion of 4 previously approved classrooms into seating for 64 people (7 pews), a pastor's office and clerical office. Bethel Evangelical is located at the northeast corner of SW 8th Avenue and SW 8th Court, Lots 1, 2, and 6 Block 1 Colonial Heights. The proposed parking lot is located on contiguous property across an abandoned alley, east of the Church, on Lots 19 and 20, Block 8, Rosemount Park. The site is located in the R-I-A zoning district. Modifications to conditional use approvals are processed pursuant to LDR Section 2.4.5{E){7). Modifications which involve intensity of use or hours of operation are approved by the Planning and Zoning Board. If the Board finds that the modification is significant, the modification must be heard as a new conditional use application, requiring formal notification, public hearing, and final action by the City Commission. - BACKGROUND: The subject property was developed as a 1,800 square foot church in 1965. A 1,000 square foot Sunday school addition was added in 1967. In 1987 Bethel Evangelical Church received conditional use approval for 4,080 square foot addition to the existing church. The previously approved Sunday school was demolished and replaced by a 5,880 square foot building accommodating seating for 140 persons, 4 study rooms, a church choir room, a pastor's office, and 48'parking spaces of which 47 are required. In March 1995 an application for conditional use modification was submitted for a 1,540 square foot addition to th~ west wing of the existing church. This addition would accommodate six classrooms, a kitchen and a bathroom. The proposed expansion would eliminate 7 existing parking spaces. .,.-r. . P & Z Memorandum Staff Report Conditional Use Modification--Bethel Evangelical Church Page 2 The modification also proposed the conversion of 3 of 4 proposed classrooms. The floor plan indicated that one classroom will be converted to a pastor's office while the other two will contain 14 pews with a seating capacity of 126. During the review of the plans, staff determined that the subject property was not developed according to the approved plan. The site currently has 52 parking spaces on site rather than 48, however, 10 spaces on the east side of the site do not meet code requirements due to the encroachment of a chain link fence. Staff also learned that the proposed 14 pews had already beel\ installed and are in use without approval. The 14 pews were located in an area that was previously approved for 2 classrooms. The sanctuary now accommodates 266 people rather than 140. At this time additional parking spaces to comply with the extra seating have not been provided. Per Section 4.6.9(C)(6)(c) churches must provide one space for every three seats. Thus, the existing 266 seats require a total of 89 parking spaces, leaving a shortage of 37 spaces. This is in addition to the 7 spaces being eliminated by the classroom expansion. The applicant was informed that under the circumstances, staff would not support a modification to add classrooms unless the parking shortage was addressed. The applicant indicated that the church would provide parking for the additional pews on a lot located immediately to ~he east of the church as a second phase. Staff had suggested that the. petitions be processed together, however, the applicant indicated that financing for the project was in jeopardy unless approval of the addition was forthcoming. In order to assist the applicant in securing the projects - financing the conditional use modification request was processed in phases, as described below. Phase I: 1,540 square foot addition for six classrooms to be heard at the April 17, 1995 meeting. Phase II: Construction of a new parking lot and installation of additional seating to be heard at the May 15, 1995 meeting. The request for the conditional use modification for Phase I was before the Board at its April 17, 1995 meeting. However, the Board took no formal action and determined that both phases should be heard as one item at the Board's meeting of May 15, 1995. On May 9th 1995 a revised floor plan was submitted which includes the ..-following modifications described in the next section. P & Z Memorandum Staff Report Conditional Use Modification--Bethel Evangelical Church Page 3 PROJECT DESCRIPTION: The subject petition is to modify the previously approved conditional use for the church, through the addition of 1,540 square feet to the west wing, accommodating six classrooms, a .., kitchen, and a bathroom. The proposed expansion would eliminate 7 existing parking spaces to the north and south of the existing west wing. The classrooms will be used for adult bible study and Sunday . .W school. The proposed hours of operation are as follows: " . Sunday service and school: 11:00 a.m. to 1:00 p.m. Bible study: Sunday: 10:00 a.m. to 11:00 a.m. - Thursday: 7:00 p.m. to 9:00 p.m. The modification also includes the conversion of the south wing to contain a pastors office, a clerical office, and retention of seating for 64 people (7 pews) into an area previously approved for 4 classrooms. Furthermore there is a proposal to convert the previously approved pastor's office and choir room in the west wing into a Fellowship Hall. The Fellowship Hall is a multipurpose facility that will be used for a choir room, meeting hall, and as a dining area. The fellowship hall will remain vacant and will use portable tables and chairs to accommodate its variety of uses. The proposal includes removal of 7 of the 14 unapproved pews. In order to accommodate the additional seating the applicant has proposed a new parking lot located on two parcels immediately to the east of the church. This new parking lot will accommodate 26 - spaces for a total of 68 parking spaces on site. REQUIRED FINDINGS: Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in 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 developmerit application. These findings relate to the following four areas. Future Land Use Map: (The use and structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation). The Future Land Use Map designation of the church and proposed parking lot is Low Density Residential 0-5 units per acre. The church and the proposed parking lot site are zoned R-I-A. The R-I-A district is deemed compatible and consistent with the Low Density Residential land use designation. P & Z Memorandum Staff Report Conditional Use Modification--Bethel Evangelical Church Page 4 Pursuant to Section 4.4.3(C)(2) churches and their attendant use of educational and Sunday school facilities are allowed as a conditional use under the R-I-A zone district. Concurrency: Facilities that are provided by, or through, the City shall be provided to new development concurrent with a Certificate of Occupancy. These facilities shall be provided pursuant to levels of services established within the Comprehensive Plan. The expansion of the west wing for classrooms will not affect concurrency with respect to water,sewer, parks and open space.' The classrooms will normally be occupied only twice a week, and their addition is not expected to affect basic services. A discussion of the following concurrency items is appropriate .~ for this request: ~ Streets and Traffic: I ( According to the ITE Manual of Traffic Generation (5th Edition) .\ l'f~ the proposed 1,540 square foot expansion will generate an additional 15 average daily trips ( AnT) . The Palm Beach County Traffic Performance Ordinance considers ADT below 200 average daily trips to be non-significant. This site is deemed to meet traffic concurrency. Solid Waste: The proposed 1,580 square foot addition is expected to generate an additional 2,528 lbs of waste per year. This is considered to be an insignificant amount and landfill capacity exists to accommodate it. . Drainaqe: The conditional use modification involves the replacement of minimum pervious area (landscaping) with the proposed classroom addition. No drainage concerns are anticipated, however drainage is to be addressed during the site plan review process. Consistency: Compliance with performance standards set forth in tJ Chapter 3 and required in Section 2.4.5(E) for the conditional .1. ~ use request shall be the basis upon which a finding of overall ~ consistency is to be made. Other objectives and policies found t: in the adopted Comprehensive Plan may be used in making a t finding of overall consistency. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehens i ve .p Ian was conducted and the following applicable objective )s noted: P & Z Memorandum Staff Report Conditional Use Modification--Bethel Evangelical Church Page 5 Land Use Obiective A-I: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. This objective relates to Lots 19 and. 20 Block 8 of Rosemount Park. This vacant land owned by the church is proposed for a 26 space stabilized sod parking lot. The vacant lots contain no physical features that require special consideration. The proposed parking lot enhances the compatibility in the area in that it provides an open space area during most of the week and minimizes parking impacts on the adjacent roadways during peak hours of the church. The. site will be appropriately landscaped -and buffered further enhancing its compatibility with adjacent residences. REQUIRED FINDINGS: (Section 2.4.5 ( E) ) Pursuant to Section 2.4.5(E)(5) (Findings) in addition to provisions of Section 3.1.1, the City Commission must make findings that establishing a conditional use will not: A. Have a significant detrimental effect on the stability of the neighborhood within which it will be located; and B. Nor that it will hinder development or redevelopment of nearby properties. The conditional use modification request seeks an addition of - six classrooms, the creation of a Fellowship Hall, installation of an additional 64 seats, and conversion of existing classrooms into a pastors and clerical office. The proposed internal modifications, excluding the additional seating, are accessories to the principal use and do not require additional parking to be provided. However the addition will require the elimination of 7 existing required spaces, leaving the site deficient. Also as previously noted 14 unapproved pews (126 seats) have been added without the provision of parking, and 10 of the on-site spaces are shorter than what is required by code. The proposed parking lot will provide 26 spaces. With limits on maximum occupancy in the church to 204 people, restrictions on the simultaneous use of the Fellowship Hall in conjunction with worship services, and the addition of the proposed parking lot, the impact of the proposed modifications should be minimized on the surroundi~g neighborhood. . P & Z Memorandum Staff Report Conditional Use Modification--Bethel Evangelical Church Page 6 The installation of landscaping and buffering of the proposed parking lot and the limited use of the lots should provide the neighborhood with a facility that will serve as an important dual function in that it provides an identified need for parking on Sunday, and secondly, that it provides a landscaped open space area for the neighborhood on the remaining days of the week when the Church is not in service. By providing these functions the proposed parking lot enhances the compatibility of the neighborhood. LDR Compliance: . With respect to these findings the conditional use modification involves adding classrooms which are accessory to the principal use, and are not expected to significantly increase -the intensity of the church. However, the deletion of parking to accommodate those classrooms has the potential to impact the surrounding neighborhood. The provision of additional parking should mitigate this potential impact. Parkinq and Additional Seatinq: The existing Conditional Use approval allows a total capacity of 140 parishioners requiring a total of 47 parking spaces. Currently, the church provides seating for 266 persons. This has been achieved through the installation of additional pews without approval. While the conditional use request further eliminates on-site parking spaces, an additional 26 spaces are proposed with the parking lot addition. The total of 68 parking spaces will allow a total capacity of 204 persons. To comply with LDR requirements a total of 7 pews must be removed and . restrictions placed on the use of those vacant areas within the - church that were formerly occupied by the pews. Furthermore as noted above 10 on-site parking spaces are shorter than what is required by code. The removal or relocation of the fence adjacent to the abandoned alley will eliminate this non-conformity Classroom Addition: The addition of 6 classrooms are an accessory to the principal use, and do not require additional parking. These facilities are to be utilized by existing parishioners and therefore will not increase the intensity of the church. Further, it is expected students attending the Sunday school will be the children of adults attending Sunday church service. As church service will not occur on Thursday nights it appears that utilization of classrooms for bible study classes during the week will have adequate parking. < . .. P & Z Memorandum Staff Report Conditional Use Modification--Bethel Evangelical Church Page 7 Internal Modifications: The submitted floor plan proposes that a portion of the church approved for a choir room and pastors office will be converted to a Fellowship Hall. The Fellowship Hall is accessory to the principal use and will not significantly increase the intensity of the church. To assure that the Hall does not further intensify the use, restrictions should be placed to prohibit simultaneous use of the Fellowship Hall and the main church building. The petition also proposes that 2 previously approved classrooms in the south wing are to be converted to a pastors office and clerical office. These uses are accessories to the principal use and will not significantly increase the intensity of the church. ASSESSMENT AND CONCLUSIONS The church is currently surrounded by the R-1-A (single family residential) zone district to north, south, and east and a Open Space Recreation district(Municipal Cemetery) to the west. With the limits on total capacity ( i . e removal of some of the pews), restrictions on simultaneous use of the Fellowship Hall, and the addition of the proposed parking lot, the parking impacts of this facility should be minimized on the adjacent neighborhood. Further the installation of landscaping and buffering on Lots 19-20 and the limited use of the lots should provide the neighborhood with an open space area. - REVIEW BY OTHERS At its meeting of May 11, 1995 the Community Redevelopment Agency (CRA) discussed this petition. The CRA recommended approval of the modification. RECOMMENDED ACTION: Recommend to the City Commission approval of the conditional use modification for Bethel Evangelical Church based on positive findings with respect to Section 3.1.1, Section 2.4.5(E)(5), policies of the Comprehensive Plan and subject to the following conditions: 1. Processing of a minor site plan modification for the proposed parking lot, internal modifications, additional seating, and classroom addition. . P & Z Memorandum Staff Report Conditional Use Modification--Bethel Evangelical Church Page 8 2. That the operation of the Fellowship Hall is restricted so that events are not conducted simultaneous with Sunday service, including a restriction that the hall not be used for extra seating in conjunction with worship services. i 3. Removal of 7 existing pews and a restriction that the ~ Fellowship Hall and other vacant areas 'within the church t not be utilized for additional seating (permanent or ,,~ temporary) without further conditional use modification, ".. i approval. The maximum occupancy for worship services is I . . '! - restricted to 204 people. . '.'; 4. Relocation or removal: of the chain link fenc~ to',_qr~ate;. standard 18 I long parking spaces on the east side:' of "t.~e.' existing parking lot. - Attachments: * Sketch Plan 1-. ". ~ 1< ".,' .. . . . ~o .... '.' ;::.: , ~i t i- f;, :~: I' ../ ~: . , . . >~ .'. . , :',\ ~! . -~'f' 8TH A VENUE . "''''. SW ; :::~~ ~ - - - !S. ~T !.AVOIDfT ;.~!:~ .-l{\. - - - - - .:.~:.: I f . "I '.:f' . -!F"; , .~~~r: :..~.~:~. I ",;'i .1' "~,;.~r , <;'i; ~.L ".'C" '::~(~. ' . ~.',.' 1.' .:.,t'. X. ,... -"'. ~ I ., :, .. .J. 0"1 i . ., 0 ..' c ;::0, j -i1 , .. , + "' , , 6 .-i .... J!I , i .' .~. ;~::. ~.:-.. .... - .' " ;', \, :< , . , AvE. ... t ~ ' 5.'t'r: ,.,,. --& t- - A MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'/f1 SUBJECT: AGENDA ITEM # 9. F. - MEETING OF JUNE 6 , 1995 SEWER EXTENSION JOINT FUNDING PROPOSAL/LEE PROPERTY DATE: JUNE 2, 1995 This is before the Commission to consider a joint funding proposal for construction of approximately 1,400 linear feet of gravity sewer main along Franwood Drive, a county roadway, to serve the 16 acre Lee property which was recently annexed into the City. The proposed development of the property is for approximately 50 to 55 single family homes. In order to supply service, the developer's agent had suggested a plan for running the sanitary sewer line along Franwood Drive to an existing manhole on Barwick Road. The City was asked to share substantially in the cost, to be financed as a credit against future connection fees from benefited properties. Commission considered this matter on May 16, 1995, with the end result being that while the City was willing to participate to a certain extent, staff was directed to continue negotiations with the applicant to arrive at a more equitable arrangement. This has been done, with the results outlined in Mr. Hasko's memorandum. The current cost estimate for the project is $100,000.00. Based on the ratio of existing homes on Franwood Drive to total units served by the facility, staff feels that a one-third participation, or $33,333.00, by the City is equitable. Funding would be from Water and Sewer Capital Outlay. Another solution, probably at lower cost to the developer, would be to construct a lift station in the new subdivision and pump a short distance north or south to sewer manholes in High Point or the shopping center. This solution, however, (1 ) is likely to cause odor problems, (2) would require a separate sewer line on Franwood Drive at a later date, and (3 ) would require the City to operate and maintain another lift station in perpetuity. Therefore, I recommend that we participate in the cost of the sewer line on Franwood Drive to serve the Lee property. . , MEMO From CITY MANAGER'S OFFICE Th: ~~: '. t~v.~i=tt, "'--'" h.--l.S~.:.. I'} '-t.' ,t.? C-~ ,-~.. . L",:,:~, c.. c.-'';;,(. . C..".' I L . ( . If' --r- . . ( \.,. ,. '-C'-t; ~"'. L,,-..,j...\\.K_~. (,,, C~C" :.~C '-c t" ll-:\ :lc. Iv :---- i , I . .' , '-t L ;\ \ 1 . \... "-L}... ,..- '1:' ,-,", ',', \ ""'-.: '\.'_'. "- h~,-: 1-~L ...~~. ';""t.'~, (~-:-( /.h~V7) <--.. -/ ",-,C-, . {~"cL '(... ,C ( ~ "l-l\\ ''- < ....-~t -~= -Ft~".~\ ~C ~___.l'"t'~+- . .,~. ,. ' .... . A- t ... '" - ,-- ....'- .' --- , '-"" f) . . . __.( . . ,.. , ------.'-- !~/1t\ / :~. {1... .lr..:.. Il'-Cll~'-.i (C:\,,-. '\. 7' 'I /" ~,:-t,- '. ~ ~'--<:' ,-,~ (/) c < {~L-l, --rr:-.- (c' .. .j..":,, ,cl e'L. , I ~ .. '"/ ~ \ ). ~r . ,-- \_, -~ (:L" .,. , '. ,.. I , ".\...: ... ' ).J..' '-'v, V''7-/.;~I'''\... '---,'---<,'.''''---(. ';-k/,"'.," -- .;N-. ,.",,-,\ C'-'~( ? ~'/I .,- , - . . \ ' c'", '':=:'''''''''''.',T I~"",-.-c..-: ("'\ c. ,l,:t., clJ.:~ c....A(.)) c. ,~\\, " '-' I '- ,'- ,'"'.". ,., -d f.-j--.'."';"', ~ (- _",t ' ~'-',--,-'~ " .,......~ J, --1 '-"~ ' , ',J ~ . '--'- ...."L , '-~. /""- , ('. .,. f,L.. . .. f,. .' 1,.. ../ . 7~,- '""'. ,""-, ." ---c .......",J..,..I.....' c .....~!. ,,'" ... ' ,I, " " ''-'-' \ J+~O~"'"'~'~0'?C~ .~~"f""\ c'--':","~v'-L_\ cL,~ C~ /!:'~~'~JL~\:'__- ...', .cL cuc..c\ ~. -Ul.;:, '~L_--t \ .L~~L ,,-,-j,,,, _, ..: > \. IJ,- \. ~-'----__ C" "c ~ .....-. d~ i-~~ / '---/~--=tl / q.f. Aqenda :Item No. 'l.p-. AGENDA REQUEST Date: 05/30/95 Request to be placed on: XX Regular Aqenda special Aqenda Workshop Aqenda When: 06/06/95 Description of item (who, what, where, how much): Staff requests Commission consideration of a joint funding proposal for construction approximately 1,400 If. of gravity sewer main along Franwood Dr. to serve the Lee property. Current cost estimate is $100,000.00 with proposed City funding at a one third level, or $33,333.00. Funding would be from Water & Sewer Capital outlay. If Commission agrees to funding participation, staff recommends that the City Attorney prepare an agreement between City and developer outlining terms of city participation. ORD:INANCE/RESOLUT:ION REQU:IRED: J,,/NO DRAFT ATTACHED J"/BQ ReoommendaUon: N/A ~ DEPARTMENT BEAD SIGNATURE: .- Q..~ ~"/{, Determination of consistency with comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budqet Director Review (required on all items involvinq expenditure of tunds): ~ Fundinq available YESANO Fundinq alternati ~ooount No. , Desori t10n Account Balance . City Manaqer Review: Approved for aqenda: Hold Until: Aqenda Coordinator Review: Received: Placed on Aqenda: Action: Approved/Disapproved . ' MEMORANDUM TO: David T. Harden ~ city Manager FROM: Richard C. Hasko, P.E. Deputy Director of Public utilities SUBJECT: SANITARY SEWER EXTENSION FRANWOOD DRIVE DATE: May 30, 1995 Attached is an agenda request for city commission consideration of a proposal for capital contribution to construction of a sanitary sewer extension along Franwood Drive, a County roadway, to serve the 16 acre Lee parcel recently annexed into the city. Construction costs estimated for the 1,400' :!: sewer main considered an alignment along the center of Franwood Drive, and totaled approximately $140,000.00. Over 50% of this cost was for roadway restoration subsequent to sewer main construction. In response to inquiries by the project engineer, Mr. Gerald Church, P.E. , Palm Beach County has indicated that a main alignment outside the existing paved roadway would be permissible. Since Franwood Drive is a 60' right-of-way, there is sufficient width to accommodate this proposal. The resulting cost estimate revision reflects a total estimated cost, including contingencies for engineering, surveying and permitting, of approximately $100,000.00. I have met with Messrs. Bill Plum and Gerald Church regarding the magnitude of the City's participation in this project. On the basis of the ratio of existing homes on Franwood Drive to total units served by the facility, a one third participation by the City is considered equitable. This amounts to a share of $33,333.00. Funding would be provided from Water & Sewer Capital Outlay. Should commission agree to participate in the funding of this project, staff recommends that the City Attorney prepare an agreement for Commission approval between the city and the developer outlining the terms of the City's participation. RCH: jem c: William H. Greenwood Diane Dominquez C. Danvers Beatty f: T/F City Manager " , . GERALD B. CHURCH, P.E. - CONSULTING CIVIL ENGINEER 2575 So. Ocean Boulevard, Suite 310 Highland Beach, Fl 33487 Phone/Fax (407) 278-7401 May 26, 1995 Mr. Richard Hasko, P.E. Director of Public Utilities City of Delray Beach 434 S. Swinton Avenue Delray Beach. Fl 33444 Rl<" Sanitary Sewer Extension ~. 16 Acre Tract Vicinity of Gallager Drive & Franwood Drive Dear Mr. Hasko: As a result of our meeting of May 19, 1995 which included Mr. Plum, the proposal to share the cost of extending the 8" sanitary sewer to the subject site, was as follows: The City would participate, and pay a share of the cost. based upon the benefit as determined from the capacity utilized. The proposed development of the 16 acre tract is for approximately 52 single family homes. The sanitary sewer to be extended along Franwood Drive would include sewer taps for 26 existing lots, nearly all developed with single family homes. On this basis the City's share would be one-third of the cost (26/78). The estimated cost of the sanitary sewer line extension is $85,000. for actual construction, plus $15,000. for engineering fees and permit costs. The total estimated project cost is $100,000. for which the City's share would be $33,333. The developer would have the plans prepared and the sewer line constructed, and pay the entire front end costs to complete the work. The City would reimburse, to the developer, one third of the final project costs, upon completion of the work and acceptance of the sewer line by the City and permitting agencies. The developer. Mr. Robert S. Rickel, President, Four Waves Enterprises, Inc. IS willing to proceed with the development of the site on this basis. It is considered mutually beneficial to both parties since the tract was voluntarily annexed to the City and the addition of 52 single family homes will add approximately $5.000,000 to the City's ad-valorem tax base. '1" IS also the future benefit to the ...nere . city from connection fees for the 26 lots served. With this cost sharing arrangement, it would be feasible for Mr. Rickel to develop the site. We thank you for your cooperation in this matter. Respectfully submitted, ,,~~~C'd ~- ~cL Gerald B. Church, P.E. c: Mr. Robert S. Rickel Mr. William Plum . FRANWOOD DRIVE SANITARY SEWER ENGINEER'S COST ESTIMATE ALTERNATE #1 No.1 DESCRIPTION I UNIT I EST. QTY.I UNIT PRICE I TOTAL PRICE :::::::I:::::::::::::::::::::j:j:::j:j:::j:j:::::::i::::j:::\:j:::::::::j:;::j::I:::j::::::f:j:::::j:::j:j:::::ffjII:j::::I::::::::I:::::j::::I::::::::I:::::::j:::j:::)14:lrtI4M~Ilt:~tti~)f::::j:::::j:)::))::::::::j:)::j:))::))j:;;;I::I:::)fj:::jW))::)::;j::::::::::lj:::::;l::I:::j:::::::::::jlkjI:::i:::i:f::::@:::::j:)::: 1 Maintenance of traffic LS 1 $2,500.00 $2,500.00 2 Open-cut pavement repair LF 50 $38.50 $1,925.00 3 Sodding SY 1900 $2.50 $4,750.00 4 Driveway reconstruction SY 360 $20.00 $7,200.00 5 8" PVC - Sanitary (8'-10' cut) LF 514 $32.00 $16,448.00 6 8" PVC - Sanitary (10'-12' cut) LF 807 $35.00 $28,245.00 7 8" PVC - Sanitary (12'-14' cut) LF 220 $38.00 $8,360.00 8 4' Diameter sanitary manhole (8'-10' cut) EA 3 $2,300.00 $6,900.00 9 4' Diameter sanitary manhole (10'-12' cut) EA 1 $2,700.00 $2,700.00 10 4' Diameter sanitary manhole (12'-14' cut) EA 1 $3,100.00 $3,100.00 PAVING AND SEWER ESTIMATE $82,128.00 :::::::::::::::::::~:::~!::!::::::::::::::::::::::::::::::::!~!:::!::!:::::::::::::::::~!::::~:::!:::!::r:!:::::::::::::::::;::::~:~:::~:~::!::;:::;:i:i::::::::::;::;:::;:::;::::::~:::::::~i::::::::~:!:~:~:::::::JaqmJl..~:::::::i:::::::~:::::::::::::::~:::::~:~:~::I:::::i:~!::::::::::::!:!:::r!:!:I:!:::!:::::::::~:::~I::::::::::::::i:::!::::::::!::::::::!:!::!!:::::::::::::!:::!:!i:f:::!::::::::i:f::::::::::::~!::::i:::: 11 Video Allowance LS 1 $500.00 $500.00 12 Utility Allowance LS 1 $5,000.00 $5,000.00 13 Indemnification LS 1 $10.00 $10.00 ALLOWANCE ESTIMATE $5,510.00 TOTAL PROJECT COST ESTIMATE $87,638.00 SAY: $88,000.00 14 Engineering, surveying, and permits - 13.6% $12,000.00 TOTAL: $100,000.00 .513019.5 . 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I , 'I . - ~ /;i' ~~. -,; ,;.... /" 1" I / I i -.-: ',.- / o;f>. ..' .,' , - ,~'- .P>It ~_ __~ >~ '-~'1.1: :..~ ..~ .,.-/" /'~" ,,/ , 7/~~ SEE SHEET 13 Y :t4~-OAl A\ ~-",n.AS\BOOKS\S~Er: \ 4$.OWC ~ CITY of DELRAY ,BEACH ~ rfi\ I ~ ~ W..C C MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ'If1... SUBJECT: AGENDA ITEM # 1.G. - MEETING OF JUNE 6, 1995 RESCIND NUISANCE ABATEMENT BID AWARD AND RE-AWARD BID DATE: JUNE 2, 1995 Commission is requested to rescind the bid award approved December 6, 1994 to Seagull Industries For The Disabled, Inc. as the primary contractor for nuisance abatements and appoint Walcott and Son, the secondary contractor and second low bidder. Mr. Jeff Price of Seagull Industries requested termination of his contract due to personnel problems, distance in traveling to Delray Beach, and the amount of time required to do the nuisance abatement jobs. The original bid awarded to Seagull Industries was in the estimated annual amount of $20,000, with funding from Code Enforcement Lot Mowing and Clearing (Account No. 001-2741-524- 34.30) . Walcott and Son are willing to accept the contract, and able to do the work. The City Attorney and the Finance Department have reviewed the matter. Recommend rescinding the original bid award to Seagull Industries and appointing Walcott and Son as primary contractor for nuisance abatements. ~&-O . I '. ^<Jenda I tem No.. 1.(;. I "AGENDA R..eQueST Da te: 6/1/95 Request to be placed on:' Regular Agenda Special Agenda Workshop Agenda When: 6/6/95 . X Consent Agenda Uescription of agenda item (who, what, where, how much). Appointment of Primary Contractor for Nuisance Abatements Removal of Seagull Industries and Appointment of Walcott Ann ~nn ORDINANCEI RESOLUTION REQUIRED: ~ES/NO Draft Attached: YES/NO Recornmenda t ion: Appro,,"!l . Department Head Siqnature. ~ '~, . Determination of Consistency wIth COlDprebenslve Plan, , . <?i,~Y .."A.ttorney Re'y,i.e.w/. Reco.ll\m.e.ndation (l,f" ap~~.lc~~U~). ., . . . .e : '. '0 ... ~ . . . . . T audqe~ Director Review (required ~n all ite.s invol~inq expenditure', ot, funds) : ....: .~: ..: . . ~. , . ." '. Fundinq availables 'YES/ NO Fundinq alternatives: . (if appllc.able) Account No. & Description: ^ccount Balance: City Manager Review: Approved for agenda: ~I NO ~ Hold Until: V .' .,Aq~nda Coordinator Review: Received: ' Action: Approved/Disapproved interoffice MEMORANDU M to: David T. Harden - City Manager tP from: Lula Butler - Director, Community Improvement re: APPOINTMENT OF PRIMARY CONTRACTOR FOR NUISANCE ABATEMENTS date: June 1, 1995 ITEM BEFORE THE COMMISSION: Commission action to remove Seagull Industries as the primary contractor for nuisance abatements and the appointment of Walcott and Son. BACKGROUND: On Dec. 6,1994, the City Commission awarded Bid #95-01 for nuisance abatements to Seagull Industries Ine. as the primary contractor. Mr. Jeff Price of Seagull Industries has requested termination of his contract with the City, due to personnel problems, distance in travelling to Delray Beach and the amount of time it takes to do the nuisance abatement jobs. Walcott and Son was the secondary contractor if for any reason the primary contractor could not perform. Walcott is willing to accept the contract and able to do the work. This matter has been reviewed by the City Attorney's office and Finance Department. RECOMMENDATION: We and the City Attorney recommend the removal of Seagull Industries as the primary contractor for nuisance abatements and the appointment of Walcott and Son as the new primary contractor for nuisance abatements. LB:DQ Walcott. CC . . . r M E M 0 RAN DUM TO: Brian Shutt, Asst. City Attorney THROUGH: Joseph Safford, Finance Director FROM: Jackie Rooney, Senior Buyer DATE: May 12, 1995 SUBJECT: Seagull Industries For The Disabled, Inc. Bid #95-01 City Commission on December 06, 1994, approved the award of the bi d for Nusi sance Abatements (Lot Clearing and Mowing) to Seagull Industri es For The Disabled, Inc. as pri mary contractor and Walcott & Son as secondary contractor if for any reason primary contractor can not perform per specifications and/or as work load dictates. Per the attached letter to Richard Bauer, Code Enforcement Administrator, dated May 5, 1995, Seagull is giving their 30 day notice of termination of contract. I have talked to Mr. Jeff Price at Seagull, and he states the reasons for termination of contract a re due to many personnel problems, distance in travel to Delray, and amount of time to do these jobs. I therefore placed a call to Walcott & Sons, and they are ab 1 e to do the work required per this contract. Does Purchasing need to prepare a Commission Agenda and request cancellation of Contract with Seagull and award entire contract to Walcott and Sons? If you have any questions, you may reach me at (407) 243-7163. Thank you. cc: Richard Bauer, Code Enforcement Admin. Attachments: Copy of Letter to Richard Bauer Copy of Commission Agenda 11/30/94 Seagull's Bid Copy of Original Bid . ' ~ . ~ CITY OF DELRAY BEACH TABULATION OF BIDS NUISANCE ABATEMENTS LOT CLEARING AND MOWING November 15, 1994 BID 195-01 Seagull lndust- I Walcntt & Son Coastal Canst. Ultimate Cleaning ries for the Svcs. of Boca Service, Inc. Item/Description Disabled, Inc. R"'f"l"'ln Tnt" Category 1- Mowing Va~ant and Occupied Lots: 1. Lots up to 3 , 375 sq. f t. $15.00 $25.00 $35.00 $59.00 2. Lots over 3,375 sq. ft. to 6,750 $22.50 $35.00 $40.00 $64.00 sq. ft. 3. Lots over 6,750 $26.50 sq. ft. to $40.00 $45.00 $83.00 13,500 sq. ft 4. Lots over 13,500 sq. ft. + $26.50 $40.00 $45.00 $83.00 I Flat rate per + + + + 1,000 sq.ft. over $1. 15 /1,000 $1. 75 / 1, 000 $1. 50 / 1000 $5.38 / 1,000 13,500 sq. ft. sq. ft. over sq. ft. over sq. ft. over sq. ft. over 13,500 sa. ft. 13,500 sq. ft. 13.000 sa. ft. 13,500 sq. ft. Category 11- Accumulating and Removing Trash 5. .Bid Per Man / Hour $14.50 / $16.00 / $20.00 / $29.00 ! per man hour per man hour per man hour per man hour Comments/Exceptions I I I j I I I I I \ I ! ! j ! I I I i I I I I I 1 I 1 , i , " ! ! I i ; 1 I i I : I I . ' , ~ - CITY OF DELRAY BEACH TABULATION OF BIDS NUISANCE ABATEMENTS LOT CLEARING AND MOWING November 15. 1994 BID 195-01 Luis Cintron's Ocean Crown Lawn Service Environmental Item/Description Services Category 1- Mowing Va~ant and Occupied Lots: 1. Lots up to 3,375 sq. ft. $ 77 . 00 $250.00 2. Lots over 3,375 sq. ft. to 6.750 $128.00 $475.00 sq. ft. 3. Lots over 6.750 sq. ft. to $155.00 $725.00 13,500 sq. ft 4. Lots over 13,500 sq. ft. + $ 177 . 00 $810.00 Flat rate per + ! 1.000 sq.ft. over $188.00 / 1000 13,500 sq. ft. sq. ft. over 13.500 sq. ft. Category 11- Accumulating and Removing Trash 5. Bid Per Man / Hour $26.06 / $8.75 / per man hour per man hour Comments/Exceptions I I I I ; I I I I , I , I I ! I ! ; I I I ! I ! ! I i , I I , I I I I i ! I . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # q. H . - MEETING OF JUNE 6 , 1995 CONTRACT ADDITION (C.O. #3)/MURRAY LOGAN CONSTRUCTION, INC. DATE: JUNE 2, 1995 This is before the Commission to consider a contract addition (C.O. #3) to Murray Logan Construction, Inc. in the amount of $7,000. The additional work includes the furnishing and installation of three slabs in conjunction with the rehabili- tation of Lift Station No. 7. Recommend approval of the contract addition to Murray Logan Construction, Inc. in the amount of $7,OOOi with funding from Water and Sewer - Lift Station Conversion to Submersible (Account No. 442-5178-536-61.83) . Agenda Item No. q.H. AGENDA REQUEST Date: May 31, 1995 Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: June 1, 1995 Description of item (who, what, where, how much) : Staff requests City Commission approval of add Contract Addition (C.O. #3) to Murray Logan Construction in the amount of $7,000.00. Work includes furnishing three slabs to be installed in conjunction with Lift Station #7 rehabilitation by ESD W/S Maintenance Division and Construction Division. Funding Source for this agenda request is 442-5178-536-61.83, LS Conversion to Submersible in the amount of $7,000.00. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff requests approval of Murray Logan construction in the amount~~oo. 5/31/1~ ~ Department head signature: ~~. ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): Funding available~NO Funding alternative (if applicable) Account No. & Dy;cription4Lf?.-5778 -S-sb-t,l&-3(Wft; ~..tz . w't>S€tV/~ Account Balance I~ p~L{-.<Jt..f 'LFT ST 'C~NV TV Sv'/) ~~ '/,!1s- City Manager Review: e/NO ~ Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir of construc~ Date: May 31, 1995 ~tl Re: Bay street Stormwater Pump station / Basin street Stormwater Pump station Rehabilitation (proj 93-70) Contract Addition (C. O. #3) for furnishing slabs for Lift station #7 rehabilitation. staff requests the City Commission to consider approval of add Contract Addition (C.O. #3) to Murray Logan Construction in the amount of $7,000.00. Work includes furnishing three slabs to be installed in conjunction with Lift Station #7 rehabilitation by ESD W/S Maintenance Division and Construction Division. The two top slabs with hatches will replace existing deteriorated tops on the valve vault and the wet well. They will be sized to allow adequate access for servicing and removal of equipment. Currently, the entire top slab has to be removed from the valve vault in order to access the equipment inside because the existing hatch is too small. There is presently no bottom slab in the valve vault. Standing water is always present in the bottom of the structure. This condition inhibits proper periodic maintenance of equipment within the structure. Installation of the new bottom slab will eliminate this condition. Funding Source for this agenda request is 442-5178-536-61.83 LS Conversion to Submersible in the amount of $7,000.00. CC : Dick Hasko, P.E., Dep Dir Public utilities Memos to City Manager A:memo9370.doc . " CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER #3 PROJECT NO. 93-70 DATE: PROJECT TITLE: Bay street Stormwater Pump Station and Basin Street Stormwater Pump Station Rehabilitation TO CONTRACTOR: Murray Logan Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: All labor material and equipment to furnish the following: I. Lift Station #7 (7'-0"x8'-11"x8") wet well top slab $3,500.00 II. Lift Station #7 (7'-0"x4'-8"x8") valve box top slab $2,000.00 III. Lift Station #7 (7'-0"x4'-8"x8") value box bottom slab $1,500.00 Total $7,000.00 PRICE BASED ON THE FOLLOWING: 1. Concrete to be 4,000 PSI 2. Rebar to be grade 60 black, size and spacing as specified by engineer 3. Hatch cover for top slabs by Halliday as specified 4. Delivery included in price: unloading and installation by City of Delray Beach . BAY '" BASIN STREET STORMWATER PUMP STATION REHABILITATION CHANGE ORDER #3 PROJECT NO. 93-70 PAGE 2 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $347,610.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED -$135,554.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $212,056.00 COST OF CONSTRUCTION CHANGES THIS ORDER $7,000.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $219,056.00 PER CENT INCREASE THIS CHANGE ORDER 2% TOTAL PER CENT DECREASE TO DATE - 37% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit competitive bidding. Murray Logan Construction, Inc. (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Servo 442-5178-536-61.83 LS Convers to Submersible DEPARTMENT FUNDS BUDGETED CODE SOURCE DELRAY BEACH, FLORIDA By its City Mayor RECOMMEND: By: William H. Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk . ' " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJi'i1 SUBJECT: AGENDA ITEM # CJ;I - MEETING OF JUNE 6. 1995 COMPUTER UPGRADES FOR ENVIRONMENTAL SERVICES DEPARTMENT This is before the Commission to consider computer upgrades to accommodate user connections to the new Local Area Network (LAN) and use of new software applications for the Environmental Services Department. The M.I.S. staff has reviewed the PCs currently in use to identify upgrade requirements. They are recommending replacement of six existing machines with current models, a color LaserJet printer, a Jet Direct Card for connection of Engineering's color plotter, and new fiber optic equipment to rectify incompatibility problems in the department's complex. Departmental needs have been prioritized so the replacements and needs can be programmed over time. The cost to implement the priority upgrades is $34,200.86; adding the fiber optic equipment brings the total to $42,316.86. Funding in the amount of $5,550 is available from Engineering - Computer Equipment (Account No. 001-2911-519-64.11), $3,000 from Construction Division - Software (Account No. 441-5145-536-66.10), and $33,767 from Water and Sewer Renewal and Replacement - Computer Equipment (Account No. 442-5178-536-64.11) . Recommend approval of the computer upgrades for the Environmental Services Department. ~/o . Agenda Item No. r.:r:- AGENDA REQUEST Date: 05/31/95 Request to be placed on: REVISED XI Regular Agenda Special Agenda workshop Agenda When: 06/06/95 Description of item (who, what, where, how much): Staff requests commission approval for the purchase of upgraded computer systems for Environmental Services Dept.. to accommodate staff access to new LAN and associated software. Total cost for first priority departmental upgrades per M.I.S. recommendation is $42,317.00 with funding from the following accounts: 001-2911-519-64.11 - $5,550.00; 441-5145-536-66.10 - $3,000.00; 442-5178-536-64.11 - $33,767.00. Interfund transfer is proposed from P. U. Admin. - Legal to R&R - Computer Equipment. City Attorney advises maximum $20,000.00 needed for Aero-Dri litigation this FY. ORDINANCE/RESOLUTION REQUIRED: 1J'/NO DRAFT ATTACHED 1J'/BQ Recommendation: Staff recommends approval of purchase of upgraded computer systems. DI!lPARTMEIIT BI!lAD SIGHATURI!l:~(' ~ ~t/1:; Determination of Consistency with comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): ~l Funding available~NO Funding alternatives d (if ap.) " 11 " Account 1110. & DeSC~tiO~/Zt?lr~;q. btf-i ( ~!J-L~f,'UI(- Account Balance <;;;/ s;,[) . ':o:f. , ." 1-~I4-C- s~. 06-10 6tic1A./ D~A/-L-4-<-~ C1ty Manager Rev1ew: _ * 'Oleo) ~f\flt~ Approved, for agenda: 4SJlNO 442-S/7g-~~.fo4--' J J/i/QAR-CAfY"'f?' Bo 14 Unhl: c.::::"'..] fell; /llfl fq\M..P . Agenda Coordinator Review: l't- Received: Placed on Agenda: Action: Approved/Disapproved . .' MEMORANDUM REVISED TO: David T. Harden, City Manager ~ FROM: Richard C. Hasko, P.E., Deputy Director of Public Utilitie~ SUBJECT: ENVIRONMENTAL SERVICES DEPARTMENT COMPUTER UPGRADES DATE: June 1, 1995 In conjunction with the recent upgrade of the Local Area Network for Environmental Services Department, M.I.S. staff has reviewed the inventory of PCs currently in use in the department. This was done to identify upgrade requirements to accommodate user connections to the new LAN and use of new software applications installed thereon. As a result, M.I.S. is recommending the replacement of several existing machines with current models to allow user access to the LAN and provide capability for staff use of the new Microsoft Office software. To maximize the efficient utilization of the LAN Microsoft software package, we requested that M.I.S. include a Color LaserJet printer for enhanced graphic applications and a Jet Direct Card for connection of the color plotter, residing in Engineering Division, to the Lan. M.I.S, has also requested funding for new fiber optic equipment needed to rectify incompatibility problems affecting network users in the ESD Complex. Total cost of the necessary equipment is $8,116.00. We have met with M.I.S. Staff and prioritized department needs so the necessary equipment replacements can be programmed. The attached priority list, recommending replacement of six (6) machines, will accommodate our immediate needs by ensuring at least one PC in each division can access the new LAN and use the MS Office software. Total cost to implement the priority upgrades is $34,200.86. Adding the fiber optic equipment needs, the funding requirement totals $42,316.86. Funding for the requested upgrades is available as follows: 001-2911-519-64.11 $ 5,550.00 (transfer attached) 441-5145-536-66.10 $ 3,000.00 442-5178-536-64.11 $33,767.00 (transfer attached) Please note that the majority of funding will be transferred to R&R from Utilities Administration , Legal . The City Attorney has advised us that a maximum $20,000.00 is anticipated to be needed for Aero Dri litigation for the remainder of this fiscal year. Please attach this revised memorandum to the agenda request, equipment list and copy of M.I.S' recommendation regarding this matter, previously forwarded to you. RCH:cl c: William Greenwood Joseph Safford Richard Zuccaro f: T/F City Manager u: LeverettJMSW/MEMORCH,18 . t.1emorClndum To: Joseph Safford, Finance Director "'\ From: Richard Zuccaro, lnfor"" lei nn Systems M.nager ~ Date: May 31, 1995 Subject: Budget Request For New fi 11Pr Optic Equi pment Currently the network clients (users) located at the Public Works Complex are experiencing down time due to incompatibility problems between the 8220 and the 8230 Fiber Optic Repeaters. The problems are sporadic and normally occur when a power failure occurs as the newer 8230 Fiber Repeaters expect a recovery signal from the older (non-Intelligent) 8220 Fi bel" Repeaters which do not have the compatibility of sending a "recovered" signal. Fiber Repeaters are used to connect the fiber from one building to another, i.e., ESD Administration Building, Engineering Building, etc. The 8230 Fiber Repeaters (replacements for the older 8220 Fiber Repeaters) were acquired during the expansion of the automation at ESD when additional Fiber Repeaters were needed to connect the various divisions housed in other areas (buildings). The additional 8230 Fiber Repeaters proposed in this request would replace the older 8220 Fiber Repeaters, currently being used at the Public Works Complex, making the entire network compatible which would significantly reduce the LAN failures and support from MIS. Additionally if the fiber to the City Attorney's Office is approved in the 95-96 Budget we would have enough 8220 Fiber Repeaters from ESD to use at the City Attorney lOCi1.tion. Fiber Optic Equipment Cost ---... . --------.-- I I Item Description :Qty : Cost I I I ___________________._~. _". . .__.. .. _., _..._ _0 ____.__ ___ ___ _______ I I 1 :IBM 8230 Model 3 : 2 $3,950: ______ __ ___ - - - - ~_ _._ ,_. ... 0'" _ __. .-- --..------- ---- ------- I , IBM Optical Fiber IeS RI/RO Feature 2 $1,100: ------------------.- -,---_...-.." ._---~- --- -- ---- ------- I 1 IBM ICS Optical Fiber RI/RO Feature' 2 $1,100: ----------------------------------- ---- ------- I I IBM Optical Converter Module 5503 2 $1,996: ------------------------....----------- ---- ------- I , Total Cost , $8,116 : I , --------------------...--r - ---..-------------, ---- ------- I 1 , js_esdexp . .' >- ~ ~ c: (1) CIl c: (1) >- en >- - .g E oS 0 ~ '(ij" CIl ~ Q) :ii: .c: Q) 0 ~ .~ ~ ~ (1) 0 III ~ c: c:O:: ~ J: :t:: 0 e 's, "C (1) 1) ... 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TO: Richard Zuccaro FROM: Barbara Flynn DATE: Apri127,1995 RE: Pricing for Equipment and Software for ESD Network Please find attached copies of requisitions I have prepared which include the items to order discussed at the meeting with Environmental Services on Monday April 25th. The items include: Cost: 3 ea. Pentium lOOMHZ PC's with 32MB memory $ 10,737.00 3 ea. Pentium 75MHZ pc's with 16MB memory $ 7.362.00 6 ea. Token ring cards for above with cables $ 2,846.34 1 ea. HP Color LaserJet Printer $ 5,547.78 1 ea. Jet Direct Card for Network attachment of the HP650C Plotter in Engineering $ 470.74 7 ea. License packs with books of MS Office Professional S 3,143.00 46 ea. Nonon Anti-Virus Software $ 4.094.00 Total of Requisitions Entered: $ 34,200.86 All items not on state contract over $500.00 include two additional quotes. 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I I I ~ I III: ~ I I ~ I 1-4 I -' I l!f I I I I I I ~ I ~ J ~ ~Ii i~i Z I ~ ~ ~ I ~ li~ 0 5:: 1-4 I ~ 5 I, '" ... iN : ! I I ~ft i ltl III: ... 0 0 o U III 'I. ... i ~ Z A- ~ A- .. 1-4 1-4 i ~ f1I ; III. . ~~ ~ I I ltl ~ CI iti I -' ~ I .. ~ .. 0-0- 0 I ! ~ o-N li ... u ~ III u ~ c ~ i:5 ; . 0 III ~ ~ ~ III: ~ ! : ~ ~ .0 o 0 111:1-4 .0 I ; ~Iil ... ... I '" f Ie I .. , ... ~ t= .. .. I 811 ~ ~ >- li li ii' ; 5 ~ ~I~ I ~ ~ ~ ~ ~"III: fll li ~ i e ~ ~~~~i I I I ltl A- I I ~ ~i ~ I I I I . . . , , . . t/\ " )' I ( i . [IT' DF DELIA' BEA[H DELRAY BEACH r lOR I II A tdb:II 100 N.W, 1 st AVENUE. DELRA Y BEACH. FLORIDA 33444 . 407/243-7(;00 All-America City , III I! MEMORANDUM TO: David T. Harden, City Manager 1993 FROM: ~ Barcinski, Assistant City Manager . Robert A. DATE: June 1, 1995 SUBJECT: AGENDA ITEM 9.1"'. CITY COMMISSION MEETING JUNE 6, 1995 APPROVAL 4TH OF JULY PARADE Action City Commission is requested to approve the request of the Centennial Committee to conduct a 4th of July Parade on July 1, 1995, from 6:00 p.m. to 8:00 p.m., authorizing use of City streets, per LDRS Section 2.4.6 (H) , and waiving overtime costs. Background The Centennial Steering Committee is proposing to hold a 4th of July parade on July 1st from 6:00 p.m. to 8:00 p.m. The parade will start at Venetian and proceed along Atlantic Avenue to the Courthouse. An alternate route from the Colony Hotel to the Courthouse lS also being considered. The final route selected will be based on participation in the parade. Permits have been filed with FDOT and the Police Department. Estimated overtime costs for the event are as follows: Police (long route) $ 1,750 Police (short route) $ 1,000 Recommendation Consider approval of the parade request, temporary use permit and waiving of Police overtime costs. RAB:mmd @ Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS . , II J RECEIVED MAY 3'1 1995 CITY MA~'. ",.",(' nJ:FICE Centennial Steering Committee fl /1. . David Ha/1.den City flanage/1. Honorary City 01- Del/1.ay Beach 100 N.td. 1/:,1_ Avenue Chairpersons Del/1.ay Beach, '11 33444 Sandra Mortham Secretary of State Dea/1. fl/1.. Ha/1.den: Mary McCarty The Del/1.ay Centennial 4th 01- July Pa/1.ade will ~e held County Commissioner 1-/1. om 6:00 - 8:00 p.m.. Lining up will ~egin at 5:00 p.m. Thomas E. Lynch The pa/1.ade o/1.iginate.6 at (Atlantic Ave.) St. Rd. 806 and Mayor of Defray Beach Venetian D/1.ive. 7he pa/1.ade will ma/1.ch on St. Rd. 806 Carolyn Zimmerman c/1.o.6.6ing the Int/1.awate/1.way, N & S 7-ede/1.al Hwy, c/1.o.6.6ing Chair TE.C Rail/1.oad commencing to Swinton ,qve, continuing we.6t (407) 276-1715 on St. Rd 806 to Std 2nd ,qve, tU/1.ning lel-t to S County Cou/1.thou.6e pa/1.king lot and di.6~anding. Sandra Almy I would like to /1.eque.6t a waive/1. 1-0/1. city ove/1.time 1-0/1. Frances Bourque the pa/1.ade. Commi.6.6ione/1. E.lling.6wo/1.th .6ugge.6ted thi.6, Marjorie Ferrer .6ince we will only ~e doing thi.6 pa/1.ade once eve/1.Y 100 yea/1..6. 11.1.60, we will need a va~iance 1-0/1. amplil-ied Lisa Henderson mU.6ic which would ~e u.6ed in the pa/1.ade. Jerry Janaro II- the/1.e i.6 anything I have lel-t out, plea.6e call me. Nancy King Thank you to/1. YOU/1. help. Sharon Koskoff Since/1.ely, Janet Onnen 7a.-?~ Dottie Pa tterson Spencer Pompey Ca/1.01yn Zimme/1.man Barbara Smith Chai/1. Michael Weiner Elizabeth Wesley 212 Std 2nd Ave Mike Wright Del/1.ay Beach, Tl 33444 f f . . .1 \ 'I' t ~ l , ) ,f ;, .1,\ f' ,4l \.\ . t' f f .' .t...\ ." I .\ Jlfj', >. 'I, t ,,'~ \, f DELRA Y BEACH POLICE DEPARTMENT MEMORANDUM To: Major Richard M. Lincoln Field Operations Bureau From: Lieutenant William McCollom ~ Special Operations Section Date: June I, 1995 Subject: PATRIOTIC PARADE DETAIL --------------------------------------------------------------------- --------------------------------------------------------------------- Per you request, I have projected the manpower and related costs for the upcoming Patriotic Parade. If the parade starts from Venetian Drive and E. Atlantic Avenue and ends at SW 2nd Avenue and W. Atlantic Avenue (Courthouse Parking Lot), it will require one lead officer, one officer to follow and 17 traffic direction posts, for a total of 19 officers. I am projecting the cost for a three hour minimum at a rate of $30.23 per hour. The total will be $1,723.11. .----- --- If the parade starts at the Colony Hotel and ends at SW 2nd Avenue and W. Atlantic Avenue (Courthouse Parking Lot), eight positions will be eliminated, reducing the cost to $997.59. No matter which starting point is chosen, the parade will require one supervisor to coordinate/supervise the efforts of the officers. The hourly rate for the supervisor will be $37.38 per hour, with a minimum of three hours, totaling $112.14. If I need to provide additional information, please give me a call. . .. " f AS ~E~~' ~ 0 1995 jW .. , Centennial . Steering .,' Committee fl /l. . David Ha/l.den City flanage/l. Honorary City 01- De1./l.ay Oaairpersons De1./l.ay Beach, '1.a Sandra Mortham Dea/l. fl/l.. Ha/l.den, Secretary of State Mary McCarty I am 4uimitting the attached app1.icati.on to/l. YOU/l. County Commissioner 4ignatu/l.e. D07 wou1.d 1.i.ke the app1.i.cati.on 4uimi.tted Thomas E. Lynch today. I wou1.d app/l.eci.ate YOU/l. 4i.gni.ng the app1.i.cati.on Mayor of Delroy Beach thi.4 mO/l.ni.ng i.t P044i.i1.e, 4ince I mU4t a1.40 have the Carolyn Zimmerman Oo1.i.ce Chi.et'4 4i.gnatU/l.e a4 we1.1.. Chair 7he Pa/l.ade wi. 1. 1. ie made up ot o1.d ta4hi.on t1.oat4 copi.ed (407)276-1715 t/l.om o1.d photo4. 7hi.4 wi.1.1. ie /l.e-c/l.eati.ng the pa4t, 01.d Ca/l.4, t/l.U ck4, t/l.actO/l.4, and o1.d ti/l.e engine4. Sandra Almy Chi1.d/l.en on t/l.icyc1.e4 and iicyc1.e.4 de.co/l.ated i.n /l.ed, whi.te, Frances Bourque and i1.ue with Unc1.e Sam 1.eadi.ng the. Pa/l.ade. Marjorie Ferrer YOU/l. co-ope./l.ati.on wou1.d ie. app/l.e.ci.ated. Lisa Henderson Jerry Janaro Nancy King Since/l.e.1.y, Sharon KoskotT rl4 ~~./ Janet Onnen Ca/l.o1.yn Zimme/l.man Dottie Patterson Spencer Pompey Barbara Smith flay 25, 1995 Michael Weiner Elizabeth Wesley Mike Wright Downtown ~~d/~-7 Joint Venture 64 S.E. Fifth Ave. Delray Beach, FL 33483 (407)-279-1381 . ' : .,-ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 8SO.040.15 REQUEST FOR TEMPORARY CLOSING/SPECIAL USE OF STATE ROAD MAINT . 02/.2 PAGE 1 OF 2 INSTRUCTIONS: OBTAIN SIGNATURES OF LOCAL LAW ENFORCEMENT AND CITYICOUNTY OFFICIALS PRIOR TO SUBMITTING TO DEPARTMENT OF TRANSPORTATION. ATTACH ANY NECESSARY MAPS OR SUPPORTING DOCUMENTS. NAME OF ORGANIZATION PERSON IN CHARGE DATE entenniaL Commit ee Ca/LoL n Zimme/Lman 5/24/95 TELEPHONE NUMBER Beach 'FL 33444 (407)276-171 O/t.iginate at (AtLantic' Ave) st lid 806 g Venetian D/t.ive. Pa/t.ade wilL ma/Lch we.6tlound on St Rd 806 c/t.o.6.6ing tAe Inte/t.coa.6taL wate/t.way, N 8- S 'fed flwy, c/t.o.tJ.6ing 'ftC Rai.l/t.oad commencing to Swinton Ave. , continuing we..6t on St Rd 806 to SW 2nd Ave, tu/t.ning Lett to.Cou/t.thou.6e pa/t.king Lot and dL6!anding. DETOUR ROUTE (INCLUDE ALTERNATE ROUTES - INCLUDE MAPS) NAME OF DEPT. RESPONSIBLE FOR TRAFFIC CONTROL. ETC, (CITY POLICE. SHERIFF'S DEPT.. FLORIDA HWY, PATROL, ETC,) (INCLUDE PRECINCT NO.) Del/La Police. SPECIAL CONDITIONS: 1. f1lajo/L inte./L-!Je.ction-!J wiLL Ae cont/LoLLed Ay PoLice. Dept. 2. ALL t/Lattic will Ae cont/Lolled via a /t.oLLing PoLice Alockade at each inie/L-!Jection. 3. Road-!J wiLL n.eopen a-6 pa/Lade pa-!J.6e.6 ly. THIS SECTION IS TO BE COMPLETED WHEN PERMITTING SPECIAL USE OF A STATE ROAD FOR FILMING. LICENSED PYROTECHNICS OPERATOR LICENSE NO. APPROVAL OF LOCAL FIRE DEPARTMENT LIABILITY INSURANCE CARRIER POLICY EFFECTIVE DATE COVERAGE AMOUNT ($1,000,000 MINIMUM) LENGTH OF COVERAGE DAYS FEDERAL AVIATION ADMINISTRATION APPROVAL FOR LOW FLYING FILMING ADDITIONAL LIABILITY INSURANCE AMOUNT ($5,000.000 MINIMUM) TYPED NAME AND TITLE (INCLUDE BADGE NO. IF APPROPRIATE) SIGNATURE OF CHIEF OF LAW ENFORCEMENT AGENCY DATE SIGNED TYPED NAME AND TITLE OF CITY/COUNTY OFFICIAL DATE SIGNED Joseph M. Safford, 5/24/95 AUTHORITIES: CHAPTER 14-65. FLORIDA ADMIN1STRATIV E: RULES OF THE DEPARTMENT OF TRANSPORTATION - TEMPORARY CLOSING AND SPECIAL USE OF STATE ROADS. SECTIONS 337.406(1), 496.06 AND 316.008. FLORIDA STATUTES. .21.137 . FORM 150'-040.55 MAnh ; 02112 PAGE 2 OF 2 The Permittee, .hall indemnHy, detend, and hold harmle.. the Department and all ot its officers, agents and employees from any claim, loll, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by the Permittee, Its agents, employees, or subcontractors during the performance of the Contract, whether direct or indirect, and whether to any person or property to which the Department or said parties may be subject, except that neither the Permittee nor any of Its subcontractors will be liable under this Article for damages arising out of the Injury or damage to persons or property directly caused or resulting from the SOLE negligence of the Department or any of its officers, agents or employees. Contractor's obligation to indemnify, defend. and pay for the defense or at the Department's option. to partiCipate ,and associate with the Department In the defense and trial of any damage claim or suit and any related settlement negotiations, shall be triggered by the Department's notice of claim for Indemnification to Contractor. Contractor's Inability to evaluate liability or Its evaluation of liability shall not excuse Contractor's duty to defend and IndemnHy within seven days after such notice by the Department Is given by registered mall. Only an adjudication or judgment after- highest appeal Is exhausted specHlcally finding the Department SOLELY negligent shall excuse performance of this provision by Contractor. Contractor shall pay all costs and fees related to this obligation and Its enforcement by the Department. Department's failure to notify Contractor of a claim shall not release Contractor of the above duty to defend. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be entered upon and used by the Permittee, and the Permittee will, at all times, assume all risk of and indemnify, defend, and save harmless the State of Florida and the Department from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said Permittee of the aforesaid rights and privileges. During the event, all safety regulations of the Department shall be observed and the holder must take measures, including placing and display of safety devices, that may be necessary in order to safely conduct the public through the project area in accordance with the Federal Manual on Uniform Traffic Control Devices (MUTCD), as amended, and the Department's latest Roadway and Traffic Design standards. In case of non-compliance with the Department's requirements in effect as of the approved date of this permit, this permit is void and the facility will have to be brought into compliance or removed from the R/W at no cost to the Department. Submitted by: Delrav Beach Centennial Committee Place Corporate Seal Permittee ~4Y~~~ ~k Signature and Title Attested ~cott.w S8lomon Barbara Garito, Acting City Cler} uper1nten ent of Streets Department of Transportation Approval: This Request is Hereby Approved Recommended for approval Title Date Approved by: Date District Secretary or Designee DISTRIBUTION: Original - Permittee 1st copy - District Maintenance Office 2nd copy - local Maintenance Engineer @RECYCLm PAPER . . . ., -- ---. -'-"'''--~1~J-bTIlAVG-~ - .--- -."--- . -- _ u-~ - _ - · _I I n] ~.~':." .. ....:. :' S ,. 'lG 'I - . ..:.. ._.,.....;.:.:....". \-'!~ SW.5THAVE 01:' . N A. _ ..~::.:. _ ........ '.' .w .. . ." ... r lOA I I : ';":", .~:~...:__. " I I NIB. - ..', . S, 0 "ll=:.??!~~~.~~~1 T SW 4TH AVE T . S - r,7--~"""""""~,f I I 0 I 6 T C ,". . ~-~.- ,., ..,~ c I . . .... " s P.. D, . .. . ...... . '. ......- ~"~.-.,,........_.~..J!~ T . S -"':4m" ~'n....._..~........-_~;.:,p...c:.. - A. NL/3AYE T D. - _.,... "'1__""'-'- ~.~..:.;:. ..' .~f'. W ._~..~.:-..,....--'li~_;t.~.~"7'"'~" ;...;:";.. ..... ~ y -.. ,.,.,.......;... -. :: E.N b .' . R """'~~ h.. ~.J'= I. :.JIr"!.-.....,, ~ C, H. I 'iEJJN IS E E. . .., . ~_'.... ....a.;~.s......"'"'.',;t,.'--~, ,..- . CC''''T''R E :~~~,~~~,;::a..~:~~. ST'/2ND AVE - """ &. - . .-:a'.. ;,"-' .-' ,,-,, . '. - ' '. T F _ ~~:-=:.~.,;~:-.:~~;,;:.L.~ I I -"~XCITYHAlL . . "-..:.~~~";"~~.. '.,. .~;;#~~~~.-i: ' .......___..'. ....~~.-~....",,_..,....-~..':: SwlSTAVE ". G. ,..,.. . ~ ,- .-- ... I ~ ,._,.,~ ~-~.. "":~'-'-"' .. I I . '1 I ':E.:~i?i~~'~~' H. . .--....--...,..-- ~- .~ r.u,o.ITON"VE 0 eo. J '. _~........__,'._.'.-~_. _. ..~,. .. "'.. "TT ,." " ..WINTON .VE .... ~':'"!-f:'.~.~4:'j;t;:-...,...:V~:O:::i. ". ...,.._!I.,..,.......~""-'*~---=:.;: I I I I J._ . -- '..---,.. '.-- --. --- ,.. . -'~:~~~::r;:,=:=-::=~.;...fr--~3: SE 1ST AVE K. . " ~.~~"'!'~,:~~.;;;~~ I I I .... ""'_. ~'-_. .. -- .'.' _._'-" .' ..::!....~..:t..~:':i"""":~.~~~~:.:&Z: L ---.' '.-- .,.-." ..,.'.. ~"'<;.... . , SE 2ND AVE . ~~~_~~~:=:.".... I I I __ . _.___. ___.-'..... . _.. M ..:::~~~::..~:;~::;,,~~~-~;:._.;.,_:~ ~ .. AUEY .. ~ .. . ,-." ' ".. ,'--."-".' FEC R/R . . :- S ' FEC R/R_ . '~~'r~~'..:~;~??:":~"~-:' E SE 3RO AVE ALLrf N. - , . '.' -', .' .-' ., ,~-_.. '..' I I I ._ __. ,.'L..... .. _ ..,.__ _.. '_,..' N . ."" . - .- .;." ' lED. :w.,..,.......__.~-:~~~._.,....-..:- S SE 4TH AVE .. T I . ,n.H,' ..__.- - S I I I ~ ~. T SE 5TH AVE ell O. -- __'.......J R I S .'_ n. _" .--..,- E I I T . . .-,.. -- - . . E R. SE 6TH A'oIE R _ _'" ""._ T' ... E - _On -- J I I I ~ I S. - SE 7TH AVE T. . .. I I 'ofUE?.AWSI , PALM SOUARE X PARK U. -- I . _._-.-- -. - ....... . _0.... .. _,'_. ".- \ -, 1"\ ---- ..;. -::... _. 4 ___ l__ IV J IC\i/ . ".-=~-- ---.--"-- I W_ - . " I X. -~~~~"::":"''7~J::,~J'::-7-::''~ EAST DRIVE :: ": :'" :~".~ ...':' ""'.' 0::'" -. I Y. ..:'~.~';~._ "':#7..- .:~~,.--.-~-. I I' SEABREEZE - --., ..... -.- 0 L. .. __'~---'- I GLEASON I I I -~ . .' -- Ar.IORE....~ t'lE ----- I "''''' 6" e J '.~ 6~o,oJ.s0<\l 0 JtfU' I, I J XXXXXXX '. ~. t -~ OIO~;L! iX~~N D' "'" , M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM * 9.1(. - MEETING OF JUNE 6. 1995 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: MAY 31, 1995 The term of Marguerite "Meg" Eaton on the Downtown Development Authority will expire on July 1, 1995. Ms. Eaton was appointed to fill an unexpired term on December 13, 1994. She is eligible and would like to be considered for reappointment. The term is for three years, ending July 1, 1998. The attendance record is attached. To qualify for appointment to the DDA, a member must reside in or have their principal place of business in the City, and cannot be serving as a City officer or employee. At least three members shall be owners of realty wi thin the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner of qualified lessee. This requirement is satisfied since Ms. Bright, Mr. Listick and Ms. Wenzel, current DDA members, own both businesses and real estate in the downtown area. The following have submitted applications for consideration: David I. Cohen Marguerite Eaton (incumbent; co-owner of business and manager) Rebecca Jennings Harriet Lerman Per Commission direction, a check for code violations and municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Randolph (Seat #4). Recommend appointment of a member to the Downtown Development Authority for a three year term ending July 1, 1998. ref:agmemo1 DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec James F. Stahl Ex P P A A Christine Wenzel Ex P Ex P P Anne S. Bright P P P P P .- Michael M. Listick P P P P P Marguerite Eaton P P P A P . '" tf'''''''' ;. l J {,t-' (t , r ']) J.- . r,L p,l., ~ 1 '1 .y t.. '..I J. iLl. f /' [J. . . . I t--<"',,,, 4/ z.. } t- CITY OF DELRAY BEACH ~) C/o' t BOARD MEMBER APPLICATION , I 33717 ~ . / (Street, City, Zip Code) G~ RESIDEN ). {, ~ f4iWLh c ~. !JJ?j;'1 3 3~~3 PRINCIPAL BUSINESS ADD~SS (Street, City, Zip Code) #A7b -1-9 ~I HOME PHONE l'7J-3<:Jlr;: BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING () tJ~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) [) ? ~.W- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MO 51tifJ -- 6 t ullLf2- Y DESCRIBE EXPERIENCES, BOARD T 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. LI/.tl ~!V - ~ I ~a-/rf- I~ATURE .. . DATE l.-/ 4/90 . [IT' DF DELRA' BEA[H DElRA Y BEACH f lOR In" ~ 100 N,W, 1 5t AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000 AII.AmericaCity , III I! 1993 MEMORANDUM DATE: June 2, 1995 TO: city Commission FROM: David T. Harden, City Manager!J'1 SUBJECT: Sandoway House Acquisition As you are aware, Commissioner McCarty has indicated that Palm Beach County is willing to assist, to a large degree, in acquiring the Sandoway House property. The County is willing to acquire and hold the property in much the same manner as the Trust for Public Land would do, while the City seeks grant funding to assist with the acquisition. Then the County would provide the local match for the grant funding. The attached letter from the Trust for Public Land, as well as our own contacts, indicate that acquisition of this property stands a good chance of qualifying for a Florida Communities Trust Grant. In view of the county's willingness to provide most, if not all the local dollars required for acquisition, I believe we should move forward and acquire this property to join together Sandoway and Ingraham Parks. At the County's request, in order to assist them, we have ordered two appraisals of the property. At this time, Staff requests that the Commission formally authorize us to seek grant funds from the Florida Communities Trust and any other appropriate sources for acquisition of the Sandoway House property. DTH/mld Attachments ~6~O ClppL @ PrintBd on RecyciBd Paper THE EFFORT ALWAYS MATTERS 9-[4 . , . -3 U I'.~ - 1 - '3 5 THU 10:4-4- :=;IPKIt.~ .~-: t., c- C L "r' t', 0 t.~ D ::::: P.O:2 i ! ..... .--.._"_0. _ THE JR.U~r FOR PU-BIJC [1\-1\1 1) 1II1II1 L~___J June 1, 1995 O:m.\ervin,g Land fUr' People Mr. Bob Barcinski Assist~nt city Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: On behalf of the Trust for pUblic Land (TPL), Bob McClymonds and I wish to thank the city of Delray Beach, the Historic Palm Beach County preservation Board, and Carolyn Patton for meeting with us on Friday, May 19, 1995, t~ discuss TPL's possible role in protecting the Sandoway House i~ Delray Beach. After our meeting, I felt encouraged that TPL could playa potential role in the acquisition of the property if needed. I was also pleased I that our letter of May 15, 1995 to the Mayor and the Commjssioners helped bring attenti~h to this important protection effort.. From the May 24, 1995 newspape~ article in the Sun Sentinel ~nd conversations with others, it riow appears that public acquisition of the Sandoway House i's proceeding well without I TPL's assistance. I was gratified ~o hear of the County's apparent intention to work with the city' to provide funding for the acquisition of this important ~ite, and to structure an arrangement with the City that allo~s for a feasible payback schedule. Because of the County's ~illin9ness to provide essentially the same service as TPL, our organization will not be providing furthar acquisition assistance unless specifically requested by the city of Delray Be~ch or Palm Beach County, Because TPL is committed to these important community projects, as we promised on May 19~b, we did follow up on discussions with Anne Peery, Executive Director of the Florida Communities Trust program (FeT), regarding the potential of the project receiving an FCT grant awa~d to help with the cost of acquisition. In April, Ms. Peery h~d spoken with Mr. Doug Randolph, Training and oeveloprnentManager for the City of Delray Beach, and indicated that the Sandciway House project as then propcsad would probably not fare w~ll against other applicants, ~l I .~ ~l I 0 f ~ I (' to; 7~1I0 RED RO'\!) SUI T E , ~ SQUTH MIAMI Fl.ORIDA .'~H.\ 11 1I ( . I. t. ~ I\.f" I) . t Mr. Bob Barcinski June 1, 1995 Page - 2 - At the time, I believe Mr. Randolph indicated that the eventual use of the structure would' be as office space to house the Beach Patrol Headquarters. The peT program was created to help Florida communities fulfill th~ open space, recreation, and growth manageme.nt elements of theirl cornprehBnsive plans by creating or enhancing existing publ~c parks and facilities, and Ms. peery felt that the proposed us~ of the site as office space would not score well against other ~pplications which were more consistent with the progra~'s inten~. TPL's recent conversation with Anne shed new light on the mat~er. If the Sandoway House were to become solely a Marine Education Center for the public, the project COUld be eligible for a~ FCT grant award. Based on our organization's e~erience with the FCT program, I feel strongly that the City of Delray Beach, either as a sole applicant or in partnership with p~lm Beach County, should prepare an FCT application for acquisition of the Sandoway House and property, if the city and COUhty are prepared to commit to creating the Education Center. The parcel's proximity between existing city owned park sites wil~ create an opportunity to link and enhance those facilities, thus greatly increasing the chance of a successful FCT award. Thank you again for the opportunity to meet with you on this important protection effort. If th~ Trust for Public Land can be of any further help on this or any !other public benefit project, please do not hesitate to call. Sincerely, /7 {/ r ")/llJ1,,{(tu I }'k "-.,,,l,/Jv(/ .. -, Brenda Marshall Project Manager Southeast Region cc; Mayor Tom Lynch and Commissiondrs Mr, John Johnson : Ms. carolyn Patton, Friends of :Sando~ay House Ms, Anne Peery, Director, FCT . . County won't bud?e Private developer : on beach home prIce would huild condos The county says at DelraJ" Beaeh site $600,000; a developer wants $25,000 more. HOUSE By BARBARA FEDER From 1 B I Palm Beach Post Staff Writer eventually decided that the city couldn't afford DELRA Y BEACH - Devel- it and rejected his offer. oper Frank McKinney thi.nk~ it's I McKinney says he's great that County CommIssIOner now negotiating with a pri- Mary McCarty w~ts t.o spend vate developer who wants $600,000 to save a hlstonc ocean- to build condominiums on front hO,use he hopes to sell. ~ the 3-acre property, leaving He Just wants her - or the the house's future uncer- city - to cough up an extra .. tain. $25 000 quarters or manne educatIOn cen- :'I'd'love to see the house ter there, the county could use the ':If th~ county would saved" Frank McKinney said property to provide more beach buy It~,I t~mk that would ~e Wedn~sday. "But we're not in the parking. great, CIt,Y M~nager D~vld business to lose money." But the county's offer stands I Har.~~n saId, \\ ednesday." McCarty McCarty has suggested using firm at $?OO,OOO, she saId. I ve saId all along It . $600,000 set aside for beach parks McKmney recently offered the makes a lot of sense to ~cqU1re, the ~ouse in her district to buy the property 1936 h~use at 142 S. Ocean ~lv? ~~~ause we o~n the propertIes op. eIther sIde of from McKinney. The county to th~ C1t>' for $?2~,00~. T~e CIty IS It, Harden saId. would then lease the land to the consIdenng bUIldmg It~ hfegu~d Delray Beach shouldn't consider the coun- city to use as a lifeguard headquar- headquarters at an adjacent cIty ty's offer a handout, McCarty said. She expects ters or marine education center. park. , city officials and historic preservationists who "It's a wm-wm situation," The de~l :"ould have nused the have been trying to save the house to search i McCarty said Wednesday. "The cost of buJldmg a new headquar- out grants to return some of the money to the county is always looking for more ters from $225,090. to $900,000. county. b hfr t property and the city Although commISSIoners were " , . eac on. . Both county and cIty commISSIOners WIll doesn't have the money to acqUlre tempted by the rare opportumty to consider the issue at their respective June 6 it " buy oceanfront real estate, they t' . "d h 'f th mee mgs. McCarty SID t at even I e city doesn't put the lifeguard head- Please see HOUSE/2B. ~, [IT' DF DELIA' BEA[H OElRAY BEACH f lOR I 0 " tdb:II 100 N,W. 151 AVENUE. DELRAY BEACH. FLORIDA 33444 . 407/243-7000 AII.America City , till! 1993 MEMORANDUM DATE: June 2, 1995 TO: City Commission FROM: David T. Harden ~ SUBJECT: Little League Request for Funding We have been approached by a Mr. Vincent Straghn representing the Little League organization concerning assisting with the cost of taking Little League teams to an upcoming tournament in Orlando. A copy of the budget submitted by Mr. Straghn is attached. I expect that he will attend the City Commission meeting. The City has not participated in funding this type of activity in the past. Staff is concerned that if we set a new precedent by giving some funds to the Little League for this purpose, that we would be receiving requests for similar funding for all of the other youth sports leagues. In view of other demands on the City's resources, we recommend that this request be denied. DTH/mld 00 ;mat;:Qn - . f)~ td P 1 /~ 0rt. U Mue.OC ~ . ~ (j)U -& ~ ~ - @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS q.l1. . ~ . . .. BASEBALL TOUREMENT TO ORLANDO. FL r.)yl.-' ~'J J-2-,/l C}J HOTEL ACCOMODATIONS $40.00 PER ROOM X 15 ROOMS INCr...UDING 4 ADULTS SHAPPERONES TO'::;::' AL $1800.00 MEALS BREAKFAST. LUNCH. DINNER X 35 PLAYERS $335..00 PER DAY X 3 DAYS TOYAL $1005.00 TR.ANSPORTATION BUS RENTAL X 3.5 DAYS $'2000 . 00 AMUSEMENT WET & WILD WATERSLIDE .$15.25 PER CHILD X 35 PLAYERS TO 'TAL $525.00 . TOTAL COST $5330.00 . ~j ~ {),Yr<X1UC r;fY~4-nU c A-vdt~,=, ( <-.~ 'I 7 ) - y'~ ]' /, /_ / r". L)". \..L.- . . . . f) 1 57e18aTELJ . 6/6/96 June 6, 1995 Delray Beach City Commissioners City Hall 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: REQUEST FOR F:INANCXAL ASSISTANCE '1'0 ATTEND THE CITY OF ORLANDO LITTLE LEAGUE BASEBALL '1'OURNAMEN'l' Dear Commissioners: I am requesting the City'S financial support of $5,165 to provide for thirty-five (35) youths and six (6 ) coaches to attend the Ci ty of Orlando Little League Baseball Tournament on June 29 - July 2, 1995. I am attaching for your information a cost breakout of the expenses. These youth participated in the City'S American League; however, there has not been a tournament of champions, per se, to award and recognize the top teams for their hard work and extraordinary playing abilities. These youths need to be given that ultimate challenge for an explosion of self confidence. For the past six ( 6 ) years, as a volunteer coach, I have sponsored these tournament play opportunity for these youth with much of my own finances. Unfortunately, I am unable to continue without assistance. There has not been one year that these youths have placed less than fourth in any of these competitions. They compete agains,t other youth from cities throughout the southeastern region of the United States, It is important to note that well over 50% of these youths are honor roll students despite the economic and social hardships many of them face. Education is highly stressed to these youths. For many of them, this tournament will not only be a showcase of their skills and abilities, but the highlight of their summer vacati~-'n . . RECOGNITION and a sense of BELONGING is one of our strongest needs. Please recognize these youths for their hard work and accomplishments. Through all of our efforts, they will BELONG. ?n~:el.~ Vincent straghn Volunteer Coach attachment . BUDGET HOTEL ACCOMMODATIONS Fifteen (15) rooms x $40 each x 3 nights = $1,800.00 (Four (4) kids per room, one (1) chaperone per room) MEALS $12 per day (3 meals per day) x 35 youths x 3 days = $1,260.00 $3 x 35 youth (breakfast on Sunday 7/2/95) 105.00 ($3 breakfast, $3 lunch, $6 dinner) $1,365.00 TRANSPORTATION Quality Transportation, Ft. Lauderdale = $2,000.00 Cost of Driver included (Leave Thurs.(6/29) AM return Sun.(7/2) Noon) TOTAL COST = $5,165.00 . { - . i : <, [)( f [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DElRAY BEACH f LOR I D A ......... AII.America City MEMORANDUM , III I! DATE: May 30, 1995 1993 City Commission TO: FROM: David N. Tokes, Assistant City Attor.:f-., SUBJECT: Quit-Claim Deed to Sherwood H. Sheehan. Jr. On May 2, 1995, the City Commission approved Sherwood Pontiac's request that the City quit claim a 26' x 300' parcel adjacent to Dixie Highway located just to the west of the Pontiac dealership. Attached for Commission approval is the Quit-Claim Deed for the property which will transfer ownership to Sherwood Sheehan. If approved, the deed will be forwarded to Mr. Sheehan for recording. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Diane Dominguez, Director of Planning and Zoning Alison MacGregor Harty, City Clerk sheehan,dnt @ Printed on Recycled Paper /O.A' . . Prepared by: RETURN: David N. Tolces, Esq. City Attorney I s Office 200 N,W. 1st Avenue Delray Beach, Florida 33444 OUlT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this _ day of June, 1995 by CITY OF DELRAY BEACH, and having its principal place of business at 100 N.W. 1st Avenue, Delray Beach, Florida 33444, First Party, to: SHERWOOD H. SHEEHAN, JR., whose mailing address is 2400 South Federal Highway, Delray Beach, Florida 33483, Second Party: . (Whenever used herein the term "First Party" and "Second Party" include singular and plural. heirs. legal representatives, and assigns of individuals, and the successors and assigns of corporation. whenever the context $0 admits or requites.) WITNESSETH, That the said First Party, for and in consideration of the sum of Ten ($10.00) Dollars in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit- claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: The East 26' of the West 76' of Lots 1-11, Block 2, Del-Raton Park, according to the plat thereof recorded in Plat Book 14, Pages 9 and 10 of the Public Records of Palm Beach County, Florida, TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever. IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. WITNESS # 1: PARTY OF THE FIRST PART CITY OF DELRA Y BEACH, FLORIDA By: (name printed or typed) Thomas E. Lynch, Mayor WITNESS #2: ATTEST: By: (name printed or typed) Alison MacGregor Harty, City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of May, 1995, by THOMAS E, LYNCH, who is personally known to me/or has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public-State of Florida . cc: ,A I (.s()~ Lr.rt) __ Of IIlTIIlT to 1lU1lU1_11TY NOTICE IS HEREBY GIVEN that the City of Oelray Beach, Florida. has de. t!rmined to sell the following de- scribed property: The Ea.. 26' of the West 76' of Lo" 1-11, BlocK 2, [)eo' R,ton ",,~, accord. ing to the plat thereof recordecl in Plat Book 1", Pages 9 and 10 Of the PUbliC Records of Palm Beach County, Flori. clII, The sale of the property is tor public purposes . F urthtr information. a' available, may be obtained from the City Manager'S Office. Tht City Com- mission of the City of Otlray eea(~, Flori~, stIall hold a public I'lNring 01'1 the proposed sale at their r("gular Cify Commission metting of June 6, 1995 at 1:00 p.m. in tne City Commission Chambers, City Hall CITY OF DELRAY BEACH, FLORI. OA Alison MacGregor Harty City Clflrk Publish: May 26 & June 2,1995 The News Boca Raton/Qelray Beach AD .3lOO9J . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # / D . B. - MEETING OF JUNE 6 , 1995 CONSOLIDATED/CITIZENS PARTICIPATION PLAN PUBLIC HEARING DATE: JUNE 2, 1995 This is to solicit public comment on the HUD-required Citizen Participation Plan and the Consolidated Plan for the period 1995 through the year 2000. The Consolidated Plan sets forth the relative priority for Community Development Block Grant ( CDBG ) funds, outlining the level of priority needs as suggested by the public at an April 5, 1995 needs assessment meeting and the Visions 2005 assembly held in May, 1994. These needs relate to housing, public services, economic development, public facili- ties, infrastructure, homelessness, public housing, lead-based paint and other community development needs. Also included is a plan to address barriers to affordable housing along with an assessment of housing market conditions. In addition to the five-year plan, a one-year action plan presents the distribution of the 1995-96 CDBG allocation of $669,000, plus anticipated $8,000 in program income. A complete listing of the projects and description of the use of funds is presented in this material. The City expects to receive $184,040 in HOME Investment Partner- ship funds. There is a federal requirement to match these dollars that will be met through the City's State Housing Initiatives Partnership (SHIP) program. A total of $286,454 is available to meet this requirement. Upon Commission adoption of the Consolidated Plan and Citizen Participation Plan, documents will be submitted to Palm Beach County to be incorporated into the Palm Beach County/City of Delray Beach HOME Consortium Consolidated Plan. The Plan will subsequently be submitted to HUD. Recommend consideration of public comments on the Consolidated Plan and Citizen Participation Plan. . . . MEMORANDUM To: Alison MacGregor Harty, City Clerk From: Dorothy Ellington, Community Development Coordinator ~t Thru: Lula Butler, Community improvement Director W Date: May 22, 1995 Subject: Public Hearing Publication This is to request publication of the attached Notice of Public Hearing in the May 26 issue of The News of De/ray. Please request an affidavit as proof the notice was published. Thanks for your assistance. ~/!2 '-f }r iiMY' (ppi). - . ''-I- L:uJ- '1 CU- tJ.1u-~ o t~d-, dJ;"-W/ tod-a/.(t;tv w, ,/ 0 (r0~ ~u.J. J ~ /V-WLJ--'ccL jod~ ~ Co VVV/VL . .~()~~- F PS yJ h CUJ-C fu ~~inCLL . , . . NOTICE OF PUBLIC HEARING JUNE 6, 1995 CITY COMMISSION meeting 7 :OOPM, CITY HALL CITY OF DELRAY BEACH CONSOLIDATE PLAN The City of Delray Beach Department of Community Improvement invites the public' to attend a Public Hearing to provide input on the federally mandated Consolidated Plan. This plan has been developed to meet requirements of federal regulations governing the use of Community Development Block Grant dollars and HOME Investment Partnership Program funds. The City's Consolidated Plan sets forth policies for the use of CDBG dollars for the next five years. The Plan also outlines the City's strategic plan for services as they relate to housing, homelessness, public facilities, infrastructure improvements, public services, economic development and other community development needs. Also, included in the Consolidated Plan is the City's Action Plan for 1995-96 and the proposed use of Community Development Block Grant funds. The 1995-96 CDBG Entitlement allocation is $669,000. Additionally, the City estimates there will be $8000 in program income through staff participation in the Community Redevelopment Agency's Loan Subsidy Program. The following is a summary of CDBG Proposed Projects: l. Housing Rehabilitation $312,381 Assistance to 15 homeowners 2. Emergency Repair 35,000 Assistance to 10 homeowners 3. Community Child Care Center 21,000 Salary of one full time staff person 4. Alpha Time Child Care Center 10,000 Salary of one part time staff person 5. MADDADS of Greater Delray Beach 58,500 Salary for two full time positions to provide crime/drug prevention activities within the CDBG Target Area. 6. Urban League of Palm Beach County 12,000 South County Satellite Office . . 4 . Assistance is provided to expand the housing counseling, emergency intervention program. 7. Boys and Girls Club of Delray Beach 33,800 Public Facility Improvement activities associated with the rehabilitation of Catherine Strong Center. 8. Sidewalks 50,000 Funding is p'rovided to install sidewalks at various locations within the CDBG Target area. 9. Fair Housing 2,000 Funding provided for HOPE, INC. a HUD-approved agency charged with promoting Fair Housing Activities. 10. Administration 127,306 Administrative costs associated with the CDBG Program 11. Contingency 15,013 Available for unforeseen program costs. TOTAL CDBG (including Program Income) $677,000 Through the Palm Beach County/City of Delray HOME Consortium, the City expects to receive $184,040. The Plan sets forth the use of these dollars as follows: 1. Substantial Rehabilitation of 6 Owner-Occupied substandard housing units. $85,600 2. Conditional Grants to Community Housing Development Organizations providing subsidies directed at new home ownership opportunities. 98,440 TOTAL HOME FUNDS $184,040 A copy of the Consolidated Plan may be obtained by visiting the Department of Community Improvement, Community Development Division, located at 100 NW 1st Avenue, Delray Beach, Florida 33444. The Plan may be obtained in an alternative format upon request. For additional information, please contact Dorothy Ellington, Community Development Coordinator at (407)243-7280. Published: May 26, 1995 The News David Harden, City Manager Alison MacGregor Harty, City Clerk . " cc . ,4 ( ,.SO fJ (H) . icmCI C1fPUalC_ 2. Emrrgency Reflair _"IllS cm__..... Assistance to 10 hOmeowners .. ,_, em "AU ~.~ cmClfDIWY 3. Community Child Care Center -..oA7I1'Ull Salary of one full time staff person The City of Delray Beach Depar1ment 21,IlOO of Community Improvement ivitts the .. A.lpha Time Child Care Center publIC to at1ena a Public Hearing to p-ovide input on the federally mana. I Salary of one part time staff ~rson dated Consolidated Plan. This plan l'Ias 10,IlOO betn QevelOQe<l to met1 requirements of feaeral regulations governing the l. MADDADl of Greeter Delroy Beach use of ':ommunity Otvelopment Block. Salary foI' two full time positions to Grant dollars and HOME Investment provide crime/drug prevention llctivi. Partnership Program funds tie within the COBG Tarve' Area l8.1oo The City'S Consolidate<! Plan sets forth policits for the use of CDBG dollars 6. Urban League of Palm Beach Coun. for the next five years. The Plan also ty outlines ttle City'S srtatf9ic j)lan for Soutn County satellite Office services as they relate to houSif1g 12.IlOO bomtlfSS, public fKiliHes, infrastruc. lure im!)rovements, j)ublic services, Assistance is provided to eX!)and the <<enomic development and other com. hovsing counseling, emergency inter- munity deVelopment needs. vention j)rooram Also, included in me Consolidated Plan 7. Bovs and Girls Club of Delray Beach is tne City'S Action Plan tor 199>96 PubliC Facility Improvement activities COBG Entitlement allocation " associated with the rehabilitatio~ of 5669,(0). Additionallv, the City esli. Catherine Strong Center mates there will be S8000 if' program 33,800 income through staff participation in the Community Redevelopment Agen. I. Sidewalks cy's Loan SubSidy Program. The tol- Funding is provided to install side- lowing is a summary Df COBG Pro- walks at various locations within the postd Proiects CDBG Target area 50,IlOO 1. Housing R.ehabilitation Assistance to 15 nomeowners 9. Fair Housing 5312.381 Funding provided tor HOPE, INC 8 HUD-approve(l agency chargtd with promoting Fair HOUSing Activities 2,IlOO 10. Administration Administrative costs aSSOCiated wifh the COBG Program 127,306 I 12. Contingency program I Available tor unforeseen costs 51l,013 1 TOTAL ~(inc!uding Program In- come) 1177,000 Througn the Palm Beach County/City of Delray HOME Consortium the Cify expects to receive Sls.t,G40. The Plan sets forth the use of these dOllars a~ toll~: 1. Substantial Rehabilitation of 6 Own. er.()ccupi!'d substandard housing units 515.6110 2. Conditional Grants to Community Housing Development Organization~ providing subsidie~ directed at new, home ownership opportunities 9i,AAO 1OTAL__ IIM,MO A copy of me Consolidated Plan may t' be obtained by visiting the Department t of -Community Improvement, Commu. , nity OevelO!)ment Division, located at 100 NW 1st Avenue, Delrav Beach, Florida 33U4. The Plan may be 0b- tained in an alternative format upon request. For lOclitional information, p..... contact Dorothy Ellington, Community Development Coordinator .t 1<0712<3-7280. Davtcl Harden, City Manager Alison MacGregor Harty, City Clerk PubH'" , May 26, 19'Jl The News Boca RafOnJOelray Beach AD'330123 . Agenda Item No.: /0.8. AGENDA REQUEST Request to be placed on: Date: June 1, 1995 x Regular Agenda PUBLIC HEARING Special Agenda Workshop Agenda Consent Agenda When: JUNE 6, 1995 Description of item (who, what, where, how much): THIS IS A PUBLIC HEARING TO OBTAIN INPUT FROM THE PUBLIC ON THE HUD-REQUIRED CONSOLIDATED PLAN AND CITIZEN PARTICIPATION PLAN. ,T' (Example: Request from Atlantic High School for $2,000 to fund project graduation), ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO - Recommendation: ADOPTION OF THE CITIZEN: PARTICIPATION PLAN AND THE CONSOLIDATED PLAN IS RECOMMENDED (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55), Department Head Signature: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . Memorandum To: David Harden, City Manager Thru: Lula Butler, Community Improvement Director Lb From: Dorothy Ellington, Community Development Coordinator fJ ~ Date: June 1, 1995 Subject: Consolidated/Citizens Participation Plan Public Hearing ITEM BEFORE THE COMMISSION This is to solicit public comment on the HUD-required Citizen Participation Plan and the Consolidated Plan for the period 1995 through the year 2000. BACKGROUND This document is a result of the U. S. Department of Housing and Urban Development's new process for planning the use of Federal Community Development Block Grant funds, HOME Investment Partnership funds and other housing and community development programs. This plan replaces andconsolidates the Comprehensive Housing Affordability Strategy (CRAS) and the Final Statement of Objectives and Proposed Use of Funds formerly required as the application process for the CDBG program entitlement allocation. The Consolidated Plan sets forth the relative priority for CDBG funds, outlining the level of priority needs as suggested by the public at an April 5 Needs Assessment meeting and the Visions 2005 Assembly held in May 1994. These needs relate to housing, public services, economic development, public facilities, infrastructure, homelessness, public housing, lead-based paint and other community development needs. Also included is our plan to address barriers to affordable housing along with an assessment of housing market conditions. CDBG 1995-96 ACTION PLAN In addition to the five-year plan, a one year action plan is included in this document. The action plan presents the distribution of the 1995-96 CDBG . allocation of $669,000 plus anticipated $8000 in program income. That portion of the plan is entitled Listing of Proposed ProJects and includes the following: Housing Rehabilitation (Includes Staff & Overhead) $282,381 Emergency Repair $35,000 Community Child Care Center of Delray Beach $21,000 Alpha Time Children's Center $10,000 MAD DAD s $58,500 Boys and Girls Club of Delray Beach $33,800 The Urban League of South County $12,000 Sidewalks $50,000 Fair Housing (HOPE, Inc.) $ 2,000 Administration $127,306 The TED Center $30,000 Unprogrammed Funds $15,013 TOTAL $677,000 A complete description of the use of funds is included in the Listing of Proposed Projects. Palm Beach County/City of Delray Beach HOME Consortium Since 1992-93, the City has been a partner with Palm Beach County's Department of Housing and Community Development in order to qualify for HOME Investment Partnership funding. We expect to receive $184,040 in HOME funds as a result of this partnership for the 1995-96 program year. These dollars are proposed to be allocated as follows: Substantial Rehabilitation (6 substandard units) $85,600 Grants to Non-profits for new housing $98,440 TOTAL $184,040 There is a federal requirement to match these dollars that will be met through the City's State Housing Initiatives Partnership (SHIP) program. A total of $286,454 is available to meet this requirement. Citizen Participation Plan As an additional requirement, local governments are required to develop and follow a plan for citizen participation. Included in this agenda item is our Citizen Participation plan that has been developed according to 24 CFR 91.105. The purpose of the plan is to outline the City's method for obtaining public ideas on addressing community development needs. Upon Commission adoption of the Consolidated Plan and Citizen Participation Plan, we will submit the documents to Palm Beach County to be incorporated into the Palm Beach County/City of Delray Beach HOME Consortium Consolidated Plan. The Plan will subsequently be submitted to HUD by August 16, 1995. RECOMMENDATION Staff recommends consideration of public comments on the Consolidated Plan and Citizen Participation Plan. Upon closing of the Public Hearing, we recommend adoption of the Plans (with amendments if necessary) and approval to submit to Palm Beach County for subsequent submission to HUD. TABLE OF CONTENTS CITY OF DELRA Y BEACH CONSOLIDATED PLAN 1995 - 2000 PAGE NUMBER Introduction.............................................................................. .1 Housing Market Analysis....................................................... ...2 Area of Minority Concentration................................................3 Public and Assisted Housing.....................................................3 - 5 Barriers to Affordable Housing.................................................5 -8 Strategic Plan Priority Needs Analysis...... ..... .................... ....... .......... ...9 - 19 Housing............. ....... .................... ..................... .......9 Homeless................................................................ .12 Public Facilities...................................................... .13 Youth Centers............................................. ..13 Child Care Centers............................ ........ ....13 Parks, Recreational Facilities........................ 14 Parking Facilities.......................................... .14 Infrastructure Improvements.................................. .14 Public Service Needs............................................. ..15 Youth Services.............................................. .15 Transportation Services.................................15 Substance Abuse Services............................. 16 Employment Training.................................. ..16 Crime Prevention........................................... 16 Tenant/Landlord............................................ .17 Child Care Services........................................ 17 Health Services............................................ ...17 Accessibility Needs..................................................... 1 7 Historic Preservation Needs........................................ 18 Economic Development Needs...................................18 - 20 Other Community Development Needs......................20 Lead Based Paint Hazard Reduction............................................... .21 Anti Proverty Strategy.................................................................... ..21 lnstittutional Structure..................................................................... .22 - 23 Consolidated Action Plan................................................................. .24 - 25 TABLES Listing of Proposed Projects Listing of Priority Needs Support of Applications by Other Entities Report Funding Sources CITY OF DELRAY BEACH CONSOLIDATED PLAN 1995 - 2000 I. INTRODUCTION The City of Del ray Beach, like many Florida coastal communities, experienced a decline in its charm and attractiveness during the 1970s and 1980s as development moved west into the unincorporated areas of the county. Recognizing the City's strengths -- an authentic downtown, historic architecture, accessible beaches, neighborhood schools and a diverse population, residents of Delray Beach took it upon themselves to work together to revitalize the City and recapture the city's character of previous years. Utilizing the "visioning" process, the City assembled approximately 100 residents and community leaders in 1988 to chart the direction for the City through the year 2000. This assembly (Visions 2000) was the beginning of the City's Renaissance, leading to a $21 million bond issue which was used to rehabilitate Delray Beach's aging infrastructure. With better roads, sewers, landscaped public areas, the transformation of the old Delray Beach High School into a cultural center and the designation by the National League of Cities as an "All America City", residents recognized the need to continue the rebirthing process. Therefore in May 1994 residents were reassembled for "Visions 2005". The latest "Visions" assembly had as its purpose the task of addressing a number of social issues which were not addressed or remained unresolved since Visions 2000: youth involvement, human relations, crime prevention, economic development, deteriorating neighborhoods, governmental coordination and public . education. The 1995 Consolidated Plan has as its basis, the Vision Statements of both the Vision 2000 and Vision 2005 assemblies. In addition to the federal requirements for citizens participation, the Visions process has been adopted as the City's method for obtaining citizens input for long-range planning. On April 5, 1995 input was received from a public meeting held at Pompey Park attended by residents who would be the primary beneficiaries of federal funding identified in 1 . this plan. Also, since the approved policies, goals and objectives of the Comprehensive Plan and Comprehensive Housing Affordability Strategy (CHAS) continue to be valid through the year 2000, this plan will update the data and present it in a format consistent with the federal regulations at 24 CFR 91.200 Subpart C. The information was extracted from several sources: . The City of Delray Beach Comprehensive Plan, 1989 . The City of Delray Beach Comprehensive Housing Affordability Strategy (CHAS) . The 1990 Census . City of Delray Beach Population Tracking System (Planning Department, 1993) . Palm Beach County Affordable Housing Study, Thompson Consulting, Inc. June 1994 II. HOUSING MARKET ANALYSIS A. The most significant characteristics of the City's housing market obtained from the data sources include: . No significant difference between data obtained for the City and that of Palm Beach County. The City continues to be a microcosm of Palm Beach County. . In 1990 46% of all units in the City were rentals or vacant. However, 72%ofthe occupied units were occupied by owners. The 24% vacancy rate reflects seasonal occupancy of owned units as opposed to unrented apartments or single family housing units. . Only 13% of occupied housing units are more than thirty years old with 34% of all occupied units constructed since 1980. . . The 1990 Census shows overcrowded conditions occurring in less than 1 % of occupied units. The Census indicators relating to units lacking complete kitchens, heating equipment and complete plumbing were used to determine the number of substandard units. These indicators revealed less than 2% (523) of the housing stock as substandard. . The predominance of the fair and poor housing is concentrated within the area bounded on the west by 1-95, the east by Federal HighwaylU.S. 1, on the north by Lake Ida Road and the south by Linton Boulevard (CDBG 2 --.-...... Target Area). . Forty-seven percent of all owner-occupied housing units are valued at $100,000 or more; 35 per cent of all owner occupied units are valued between $60,000 and $99,999; and 18% of all owner-occupied units are valued at less than $60,000. . Within the CDBG Target Area 58% of all owner-occupied housing units have values less than $60,000; 38% of the units have values between $60,000 and $99,999 while only3.6% of the units are valued above $100,000. . In 1990,67% (443) of homeowners with incomes less than $10,000 paid 30% or more of their income for housing costs; fifty-one percent (555) of homeowners with incomes of$10,000 to $19,999 paid 30% or more of their income for housing costs; thirty-two percent of homeowners with incomes of $20,000 to 34,999 paid 30% or more of their income for housing costs while only 11% of homeowners with incomes above $35,000 paid more than 30% of income for housing costs. (Affordable housing costs are defined as less than 30% of annual adjusted gross income). . In 1990, fifty-one percent of Renters with incomes less than $10,000 paid more than 30% of income for housing costs; 79% of renters with incomes between $10,000 and $19,999 paid more than 30% of income for housing costs; and 34% of renters with incomes of $20,000 to $34,999 paid more than 30% of income for housing costs. B. AREA OF MINORITY CONCENTRATION The City's minority population is 26% of the totaL Therefore it was determined that Census Tracts with minority populations in excess of 26% are areas of minority concentration. These areas are defined as: . CT 6501 27% Minority . CT 6502 45% Minority . . CT 6605 32% Minority . CT67 96% Minority . CT 6801 84% Minority . CT 6802 89% Minority C. Public and Assisted Housing 3 '. 1. Inventory Housing assistance is provided by the Delray Beach Housing Authority through the following: . Moderate Rehabilitation Program (Section 8) at Lake Delray Apartments 403 Units, . Section 8 Vouchers and Certificates Scattered Sites 477 Units, . Public Housing 200 Units at Carver Estates, 1 Single Family detached unit Total = 1081 Assisted Units. 2. Physical Conditions of Public Housing Units The PHA does not participate in the Comprehensive Grant program but is a recipient of Public Housing Comprehensive Improvement Assistance Program (CLAP) funds. CLAP dollars have been set aside to address substandard conditions at Carver Estates public housing facility. The PHA has identified the following as items in need of upgrading: a. Kitchen Cabinets b. Bathtubs/Showers c. Air-conditioning Units d. Safety Grab Bars e. Light Fixtures f. Electrical Wiring g. Flooring (tile/carpeting) h. Interior/Exterior Doors l. Bathroom Cabinets J. Windows . k. Ranges 1. Refrigerators m. Wall Heaters n. Hot Water Heaters o. Parking Lot Resurfacing and Curbing It is not expected that public housing units will be lost from the inventory of assisted housing. 4 3. Section 504 Needs Assessment A Self Evaluation was completed in October 1994. The agency found no major structural or management concerns as they relate to handicapped accessibility. 4. Family Self Sufficiency Program The PHA began its Family Self Sufficiency (FSS) Program in 1993 with a goal of assisting 90 households of Carver Estates and Section 8. There are currently 94 residents enrolled in the program. Most families enrolled are recipients of AFDC and food stamps with incomes averaging between $3,900 and $5,300. Racial mix includes African-American, Caucasian, Hispanic and Haitian families. The FSS program aims to provide a holistic coordinated approach to service delivery encompassing: 1) housing; 2) child'care; 3) adult education; 4) vocational training; 5) social and economic counseling; 6) employment counsleing and placement; 7) medical; 8) transportation; and 9)schools. Representatives from each of these areas have been assembled to form the program steering committee charged with carrying out the action plan. A family-centered approach to service delivery is utilized so that the needs of each family member are addressed and resources secured to meet these needs. A copy of the detailed FSS program description is available upon request of the PHA. D. Barriers to Affordable Housing In compliance with Florida Statutes governing the State Housing Initiatives Partnership (SHIP) program, the City's Affordable Housing Advisory Committee . held meetings to review existing policies, procedures, ordinances, land development regulations and comprehensive plan in order to develop an Affordable Housing Incentive Plan. This plan is aimed at encouraging and facilitating affordable housing while also protecting property values. The following incentives were adopted by City Commission on 3/8/94. The HIP attempts to eliminate barriers to affordable housing. 1. Expedited process of permits for affordable housing projects. 5 . . "One Stop Shop Permitting" provides for a coordinated review and approval of all developmental applications submitted through the Development Services Group. This process reduces the average number of days for review from 15 days to 5 days. The process also provides for same day inspections in construction projects. The combination of expedited review and approvals and same day inspections reduce delays in construction activity and costs associated with such delays. It is estimated that the process reduces housing costs by approximately $250 to $500. 2. Waiver of Building, Irrigation and Paving fees. All projects certified as "Affordable Housing" by a nonprofit agency or the City of Delray Beach receives a 100% waiver of building, irrigation and paving fees. This incentive reduces the housing costs by approximately $1000 per 1000 square foot unit. 3. Allowance of Increased Density Levels. The CRAS provides for increases to density when it can be demonstrated that such increases will lead to an affordable unit, provided that other policies of the CRAS are maintained. 4. Reservation of Infrastructure Capacity for housing for very low and low Income persons. Infrastructure facilities currently exist throughout the target area. However where there are visible signs of deterioration, Comprehensive Plan policy provides for prioritization in scheduling necessary improvements. . 5. Transfer of Development Rights as a financing mechanism for housing for very low-income and low-income persons. Current policy provides for TDRs when the use of the property advances the goals, objectives, and policies of the Comprehensive Plan/CRAS. Developers may be offered development rights within areas designated on the land use map as "redevelopment areas" and within geographic areas where height increases are 6 -_.'- allowed pursuant to Land Development Regulations section 4.3.4(J)(4) in exchange for development rights of the "regulated" property. 6. Reduction of parking and set back requirements. As an incentive to affordable housing, one of the two required parking spaces may be located within the side set back within one foot of the property line, provided the impervious area used for parking is sloped to drain on the lot being developed. This incentive provides a cost reduction of approximately $500 per unit. 7. The allowance of zero-lot-line configurations. The Comprehensive Plan/CRAS policies provide for a variety of housing types, including zero lot line, single family conventional, and multiple family housing. 8. Modifications to street and sidewalk requirements. Due to concerns for safety and aesthetics there shall be no modifications to current regulations governing sidewalks and streets. In order to address affordability, the City currently on a case by case basis provides for funding street and sidewalk requirements. 9. Review process by which impact of proposed new policies, procedures, ordinances, and regulations are considered prior to approval. The Affordable Housing Commission is responsible for reviewing and making formal recommendations on all amendments to the City's Land . Development Regulations, Code of Ordinances, and local policies that may significantly impact the cost of housing in Delray Beach, prior to their adoption. 10. Maintenance of printed inventory of locally owned public lands suitable for affordable housing. The Community Improvement Department maintains a list of public lands suitable for affordable housing development. 7 . II. Reduction of landscape requirements. In support of affordable housing projects, the requirements of the landscape code are to be reduced to allow for only 10% of the pervious single family lot area be planted in shrubs and ground cover and that the requirements are installed in front and sidestreet setbacks. It is estimated that $1200 would be reduced from the cost of producing one unit. 12. Waiver of requirements of final Engineering plans. A cost reduction of $1 000 is achieved by the waiving of policy related to calculating water drainage and other off-site improvements for infilllots, particularly where improvements are in place. . 8 . "--,--_._,-~ STRATEGIC PLAN PRIORITY NEEDS The Visions 2005 Assembly identified the following issues as those requiring concentrated effort and future resources: 1. Youth Involvement 2. Neighborhood Revitalization 3. Economic Development/Redevelopment 4. Crime Prevention 5. Public EducationlPublic Schools accompanying 6. Government Coordination/Involvement 7. Human Relations Additionally the residents of the Community Development Block Grant target area have expressed a desire to have the City continue to address the following: 1. Owner Occupied Rehabilitation 2. Crime Prevention 3. Sidewalks 4. Elderly Resident Issues (i.e., Housing, Health Care) 5. Neighborhood Associations 6. Child Care 7. Homeless Substance Abusers Therefore the level of priority (High, Medium or Low) assigned in the Priority Needs Table is based on comments received from the public as they relate to the required Priority Needs of the CPD Consolidated Plan regulations. . Funding levels are estimates and relate to the general costs associated with providing the service, no matter whether the funding source is from private or public sources. HOUSING NEEDS ANALYSIS METHODOLOGY The data reported in this section were extracted from the Affordable Housing 9 . Study, Thompson Consulting, Inc., Housing Sector P. The Thompson study area includes information on Census Tracts which extend beyond the corporate limits of the City of Delray Beach. Since 61 % of Sector P total housing units are within Delray Beach Census Tracts, It is estimated that approximately 61 % of the demand as reported in the Study will be City of Del ray Beach demand. RENTER VS. OWNER HOUSING NEEDS Public comments suggest the need to continue to give priority to providing new homeownership opportunities for low and moderate income home buyers and rehabilitation assistance to owner-occupants of substandard housing. The Affordable Housing Study (Thompson) data also show the future demand for housing will be greater for owners than for rental units. Between 1994 and 1999, it is estimated that there will be a demand for 272 additional low/moderate rental units and 561 low/mod owner units. As a basis for the Priority Needs Table, extra consideration was given to public comments as well as the projected demand as reported in the Affordable housing study. Cost Burdens/ Renters It is estimated that of the 272 additional low/mod families requiring housing by the year 2000 45% will experience some cost burden and will need subsidy in order to be able to afford housing within the City of Delray Beach. Most of these families (80%) will be paying more than 50% of their income for housing. The total estimated dollars required to address these needs ($$850,000) are based on 1993 rental costs per unit type and represents a projected annual cost to both the resident and the Section 8 program. (Contract Rent Source: Thompson Consulting, Inc.) It is expected that the Delray Beach Housing Authority will apply for a minimum of 55 Section 8 Certificates and Vouchers per year in order . to minimally meet the demand. Physical Defects/Renters A low priority rating has been assigned to this category even though it is estimated that the City's housing stock will contain approximately 304 substandard rental units. Citizens' comments did not reflect a desire to provide public dollars for rental rehabilitation. Instead the City's efforts will be directed toward code 10 -----_.-..-...._, enforcement and encouraging owners of rental property to invest in these units, bringing them up to standard condition. Overcrowded Conditions/Renters Overcrowded conditions typically occur within the large family category and have not been identified as a particular problem within elderly households. More specifically, the Haitian immigrant population experiences extreme overcrowdedness as they provide support for extended family members and friends. Even so, the statistics reveal less than 1 % of occupied units are overcrowded (defined as units having more than 1.51 people per room). Therefore the Priority Needs table estimates that only approximately 70 occupied housing units will experience overcrowdedness by the year 2000. Cost Burden /Owners Twenty-one per cent (21 %) of owner-occupied housing units in 1990 experienced cost burden which is defined as paying more than 30% of income for housing related expenses. Therefore, it is estimated that the same percentage of new homeowners will also experience some cost burden. The Thompson Study estimates that by 1999, there will be a demand for a total of 561 additional owner units. Of these new homeowners, potentially, 117 will experience cost burden. The estimated dollars needed to address this need represent $20,000 per unit in homebuyer subsidy provided through various Affordable Housing programs. This category is assigned a high level of priority. Physical Defects/Owners Based on the number of substandard units identified by the July 1994 Affordable . Housing study, 372 owner-occupied units with physical defects are expected to exist by the year 2000. This category is considered a top priority category for the City's future housing dollars. The estimated dollars needed to address this need is $5,580,000 ( averaging $15,000 per unit). Overcrowded Conditions/Owners As is the case with rental units, overcrowded conditions in owner-occupied units 11 . have as a basis the influx of Haitian immigrants who provide support for extended family members and friends. (It is believed that immigrants lack knowledge about available housing programs. To address this aspect of the problem, the City will provide multilingual educational materials and brochures in order to market the various housing programs, utility services, recycling and basic code requirements. ) Also influencing the overcrowdedness of the City's housing are adult children and grandchildren living with parents/grandparents and unable to afford downpayments or first and last months rent and security deposits for homes of their own. Approximately 150 owner-occupied units are expected to be overcrowded between 1995 and 2000. To alleviate this condition, the City offers opportunities for homeownership along with rental assistance through the Delray Beach Housing Authority. Downpayment assistance (including closing costs and lot acquisition) at a maximum of $20,000 per unit for 120 units and rental assistance for approximately 30 families at an annual subsidy of$18,540 per family is reflected in the Priority Needs table for this category. HOMELESS NEEDS ANALYSIS The Priority Needs table shows a high need level for services associated with homeless families. The City will support efforts aimed at alleviating homelessness and/or preventing homelessness, particularly as it relates to families with children and persons with special needs (people with AIDS and other disabilities ). Inventories of existing facilities and agencies serving the homeless indicate an adequate number of facilities, agencies and programs designed to generally meet the needs of the homeless in Palm Beach County. Specific south county . assistance is available through: . Homeless No More (15 Beds) . The Lord's Place (120 beds) . The Homeless Coalition of Palm Beach County (Advocacy) . Adopt-A-Family of the Palm Beaches (transportation, housing, employment, food, clothing and other basic needs) . Emergency Shelter Grant (Palm Beach County 12 Public comments indicate a need for services aimed at substance abusing homeless. These individuals are homeless due to drug addiction and the unwillingness of family members to provide support due to the abuse and attendant petty crimes (burglaries, theft) associated with them. Therefore addressing this particular need is discussed in the Public Service Needs narrative. PUBLIC FACILITY NEEDS The Visions 2005 forum along with the April 5, 1995 public Needs Assessment meeting identified youth centers, parks/recreation facilities and child care centers as priority needs. Medium priority has been assigned to parking facility needs particularly as this issue relates to downtown and the West Atlantic Avenue corridor. Youth Centers The Boys and Girls Club of South Palm Beach County has plans to expand/renovate the Catherine Strong Center, creating a modem facility designed to house the clubs' activities. The organization estimates the project to cost approximately $1.5 million. The recently formed Delray Beach Youth Council (a recommendation from Visions 2005) is composed of children ages 12 through 17. The Council's objective is to provide a youthful voice to the decision making process of the City of Delray Beach. Funding for the Council has not been identified, however the City recognizes the group as a top priority. Child Care Centers . Title XX Child Care needs continue to be top priority for both public and private concerns. Private centers continue to expand to address the tremendous need as documented by the Children's Services Council's State of the Child Report, 1991. With 60% of children under the age of six having mothers in the labor force, child care availability is crucial. In April 1990, there were over 1000 children on the waiting list for subsidized child care. The development of Child Care Centers has primarily been the focus of private sector providers, although the City assisted with the development (land donation) of the Community Child Care Center of 13 . Delray Beach, a nonprofit provider. Rehab dollars (CDBG) have been provided to the Child Care Center located at the Public Housing complex as welL Additionally, the City participated in the Auburn Trace Development (Urban Development Action Grant) which includes a child care facility also. Therefore it is not expected that the City of Delray Beach will participate in a meaningful way in the "bricks and mortar" development of Child Care Facilities but will facilitate the developments in other ways. Parks, Recreational Facilities The City's Parks and Recreational amenities are what adds to the charm and attractiveness of Del ray Beach. Therefore, there is strong support to continue priority attention to maintaining and upgrading existing facilities. Also the public has expressed a need to create a series of mini parks (less than 1/2 acre) throughout the city within various neighborhoods. The estimated cost associated with developing these neighborhood parks is $600,000. The dollars reported in the Priority Needs Table refer to these costs plus annual maintenance and upgrade costs. Parking Facilities Parking continues to be an issue for the Downtown and West Atlantic Avenue Corridor. The responsibility for developing parking in these areas rests with the Community Redevelopment Agency who will seek funding to provide for this need. INFRASTRUCTURE IMPROVEMENTS The City's Capital Improvement Element of the Comprehensive Plan identifies the . needs for infrastructure improvements and provides policy for scheduling. Residents of the City's CDBG Target area have said that drainage, streets and sidewalk improvements are the primary condition in the area that require priority assistance. A "low" level of need has been assigned to all other infrastructural improvements only because federal funding is not expected to be used to address the needs. The City's Master Plans for these improvements do not require the dedication of HUD funds in order to address these improvements. 14 _._-~."-.- The public has also identified street lighting and beautification as a "medium" need for the CDBG Target area. This need is reflected in the Priority Needs Table as "Other." The dollars identified as needed to address infrastructure improvements represent a five-year budget. PUBLIC SERVICE NEEDS Almost all Public Service category needs are rated High. Services for seniors are available and provided both by private and public sectors in that most residential developments offer many services as amenities to the development. These services include transportation, recreation and social activities along with some health services. The City's Parks and Recreation Department offers many special activities aimed at Senior residents of the community, including tax preparation classes, Bridge, tennis lessons, arts and crafts and much more. (The Department publishes a biannual listing of activities.) Youth Services Services for school age children are assigned a high level of priority. The Youth Council has identified "Y outh Central" (a means to communicate information of interest to middle and high school students, i.e., information on jobs, planned activities, sports activities as well as a place to interact) as a very important goal to achieve. No funding has been attached to this need to date. The Boys and Girls Club will continue to receive support from the City along with Excel Focus Five, a drug prevention program. Estimated costs listed in the Needs Table relate to contributions through the year . 2000 to activities/projects aimed at addressing the needs of youth. Transportation Services A need was identified to improve transportation links to major employment generators, and provide convenient service linking residents to education, job training, employers and support services. Bus feeders into Tri-rail need improvements. The dollars identified in the Needs table represent a five-year 15 , contribution to efforts which may be developed along these lines. Substance Abuse Services Prevention services were identified by the public as a primary need in the community. Support will be provided to families with elementary to high school age children in order to decrease the incidents of drug abuse within the community. Programs such as Excel Focus Five (designed for 5th graders) will continue to receive support. The dollars estimated to be needed represent the City's annual contribution of approximately $30,000 per year for this activity. Employment Training Visions 2005 concluded that job-training opportunities in Delray Beach are adequate but under utilized. In particular, the Private Industry Council needs to market its programs more to the local business community and potential participants, solicit feedback from participants and designate a staff member to facilitate the application process. A major concern expressed was the relevant training being provided, e.g., job training should be market driven. Crime Prevention A high level of priority is given to this category. Particularly, the public has let it be known that CDBG funding should continue for organizations like MADDADs, whose primary focus is crime prevention. The dollars identified represent an estimated cost for the five-year period. Fair Housing . The City will continue to affirmatively promote Fair Housing through education and outreach efforts. Organizations such as HOPE, Inc. and Community Housing Resource Board (both agencies are charged with promoting Fair Housing) are encouraged to apply for funding to provide this service within the City of Delray Beach. However, Fair Housing Activities are subject to the 20% Administrative cap for CDBG funding and therefore will be provided according to availability. The dollars identified in the Needs Table represent a five-year estimate. 16 Tenant/Landlord Landlord/Tenant counseling and referral services was not identified as a crucial need by either citizens participation forum. However, this plan recognizes that both landlords and tenants will require assistance from time to time. Child Care Services The Children's Services Council's The State of The Child in Palm Beach County has provided statistics which indicate the need for Child Care will continue through the year 2000. With 1000 children on the waiting list for subsidized child care in Palm Beach County, public comments are not necessary in order to justify the need. Child Care centers which serve the working poor, at risk children, children of parents receiving Aid to Families with Dependent Children (AFDC) in job training programs, and/or children of teen parents will continue to receive City support as safe, affordable child care is essential to the economic well being of the City and its residents. The dollar amount listed in the Needs Table represent a 5-year estimate of the amount which could reasonably be made available to provide additional subsidy to Title XX eligible child care needs. Health Services Health services are adequately provided by private industry. Therefore a "medium" level of need is assigned to this category based on the number of elderly within the city's population. It is not anticipated that public dollars will be utilized to meet these needs however. . ACCESSIBILITY NEEDS Accessibility Needs The City of Delray Beach, to meet the Americans with Disabilities Act requirements, conducted a self study in 1992. Based on the Study the City determined that it will utilize a proactive approach to addressing areas which are not in compliance with the legislation. The City, like most other Cities, is in 17 . "structural compliance" due to the Affirmative Action legislation of the Mid 1970's. The expanded requirements imposed by ADA are being addressed at this time. No estimate of total costs has been developed since compliance requires an ongoing assessment. However, it has been determined that perhaps the greatest costs will be those expenses associated with the parks and recreation or open space areas. Once the legislation relating to this area is finalized, the City of Delray Beach will be in a better position to determine these costs. A "high" level of priority is given to this category. HISTORIC PRESERVATION NEEDS The City of Delray Beach recognizes that the historic character of the City is a significant contributor to the City's charm. Several steps have been taken to preserve that charm and character: Creation of a Historic Preservation Board, the hiring of a historic preservation planner, the designation several historic buildings, four historic districts and an historic site. Therefore a "High" level of priority need is assigned to this category. No distinction is made between residential or non-residential as far as the priority is concerned. The City Commission is considering granting a tax exemption to owners of qualified historic properties if the property is renovated or rehabilitated in accordance with approved guidelines. Any estimate provided for this category would refer to loss revenues to the City resulting from the tax exemption. ECONOMIC DEVELOPMENT NEEDS/INITIATIVE The City will support the Gold Coast Economic Development Initiative concept as described and developed by the Community Redevelopment Agency. The proposed program is a partnership of lending institutions, Palm Beach County, . The Delray Beach Community Redevelopment Agency, the Center for Technology, Enterprise and Development (TED Center), the Consortium for Affordable Home Financing, Inc., the City of Delray Beach, Pineapple Grove Main Street and Visions West Atlantic. The partnership would provide second mortgage loan financing to businesses for acquisition, rehabilitation and development of real estate and to businesses for tenant improvements and the purchase of fixtures and equipment. The 18 "-,-.-------...-..- Consortium for Affordable Home Financing will provide first mortgage loans, while the CRA would provide second mortgage loans for projects that need additional financing. The CRA loan would be a below-market rate, but the loan would have to meet an acceptable debt service coverage ratio. The source of the CRA mortgage fund would be from a revolving fund contributed by the County, the CRA and public and private grants. The City would provide support for grant applications, participate in strategic planning and/or serve as co-applicant with the partners for various Economic Development grants. The TED Center The TED Center is a not for profit, 501 (c )(3) community development corporation which operates a business development center within the CDBG and CRA target area. The TED Center provides business with technical assistance on business matters such marketing, financing, and human resource issues. In addition, the Center operates an "in-wall" and "out-wall" incubator in which businesses are provided office space, secretarial services, and client meeting space. As a partner in this Econonomic Development Initiative, the Center will solicit borrowers, provide technical assistance to prospective borrowers, particularly assistance with business plans and loan applications; interface on behalf of the client with other business service organizations such as the Minority Business Development Center, the Black Business Investment Corporation, and the Florida Atlantic University Small Business Development Center; interface clients with other partners; provied a seven-week course to clients on financial mangement; follow-up with clients after loan closing and monitor job growth. Pineapple Grove Main Street . Pineapple Grove Main Street is a non-profitm 501(c)(3), community development corporation whose goals are to revitalize an area of downtown Delray Beach called Pineapple Grove. The area is bounded approximately by NE 4th Street, NE 1st Avenue, the FEC Railway, and by an alley just north of East Atlantic Avenue. Pineapple Grove will provide marketing services to the partnership and will assist potential borrowers who either wish to locate in Pineapple Grove or wish to improve their current Pineapple Grove location. 19 . ' Visions West Atlantic Avenue The Visions group is in the early stage of becoming a community development corporation whose goal is to assist in the redevelopment of the commercial area of West Atlantic A venue from Interstate 95 to Swinton A venue. Implementation of the Redevelopment Plan for West Atlantic Avenue would be the major role of the Visions West Atlantic group. As a partner in this economic development initiative, the group would solicit new businesses to West Atlantic Avenue; provide and market TED Center services to existing and new businesses of West Atlantic A venue and serve as a co-applicant for economic development grants. OTHER COMMUNITY DEVELOPMENT NEEDS Energy Efficiency Improvements A "High" level of priority need is assigned to this category as it relates to the Housing Rehabilitation program needs. The City will continue to provide for the replacement of windows, doors, insulation, etc. as a means to providing assistance to low/moderate income homeowners. The dollar amount represents a five-year estimate at $5000/unit at 30 units per year. Code Enforcement Code Enforcement plays a large part in the City's community improvement efforts. The public and leaders of neighborhood associations have consistently requested funding be continued in order to provide concentrated code enforcement. It is not anticipated that federal funding will be dedicated to this service, however the City provides Code Enforcement services at an annual cost of $800,000 per year. . PLANNING Planning for the future needs of the City's low and moderate income neighborhoods is essential to the continued redevelopment efforts of the City. Therefore a "High" level of priority need is assigned to this category at an estimated $20,000 per year. 20 -,------.-- Lead Based Paint Hazard Reduction Through a series of meetings with the State Department of Health and Rehabilitative Services, City Staff has received training to detect the presence of lead-based paint. The City purchased lead testing kits that meet HUD guidelines for lead detection and uses these kits in the Housing Rehabilitation program. The kit has the capacity to perform 80 tests and are used in conjunction with visual inspections. Additionally, HRS will help the City with its Spectrum Analyzer machine upon request for precision readings. The cost of the Spectrum Analyzer machine is $8000. Lead Abatement can be costly and must be performed by professionals. However, the research indicates that lead may be greatly reduced by surface treatments, e.g., repainting, floor coverings and window replacement. The City provides educational materials to heads of households that contain information from Public Health Services, EP A and other lead information sources. This information encourages recommended maintenance, nutritional and preventive steps to lessen the dangers of lead exposure. The City does not expect to encounter units with lead-based paint with any significant frequency. The dollars reported in the Needs Table represent the costs associated with testing for lead paint on units slated for rehabilitation through the year 2000. These costs may include testing services provided by the State Department of Health and Rehabilitation Services Environmental Division as well. Anti-Poverty Strategy Recognizing that the causes of poverty are multiple-tiered, the implementation of recommendations of the various citizens groups (Visions 2000 and 2005) is indeed . a means to combat poverty. Neighborhood revitalization, Economic Development and Redevelopment, Crime Prevention, Public School Improvements are all ways to create jobs and attract major employers to the area. Continued support of child care services for working parents of low income also provides an avenue for alleviating poverty within the City. The strategy as described above is effective as is evidenced by the fact that the City no longer qualifies for designation as a State Enterprise Zone. Enterprise 21 . Zone designation is tied to poverty and blighted conditions. The City contends that although it could benefit from the resources which would be made available through such designations, improvement efforts undertaken during the recent past were effective in not only improving the physical looks of the City, but also provided opportunities for residents to move out of poverty as welL Institutional Structure Within recent years, several agencies have formed with goals of providing affordable housing to low and moderate income residents of the City. The Visions 2005 assembly made a strong recommendation that the City of Delray Beach should coordinate housing delivery. To implement that recommendation, the City invited all housing providers to participate in what has been named the "Delray Beach Renaissance" and may be described as a coordinated approach to housing delivery. The participants in the Delray Beach Renaissance include the Consortium for Affordable Home Financing, Inc. (a group of 13 financial institutions), the Community Redevelopment Agency, The Delray Beach Housing Authority, The TED Center (nonprofit), The Delray Beach Communtiy Development Corporation (nonprofit) and several private builders. The City's Community Improvement Department serves as the lead entity responsible for coordination and administration. All future affordable housing development within the City of Del ray Beach shall be provided through this coordinated approach, with each partner providing resources and various types of expertise. The Delray Beach Renaissance will be composed of four components: 1. New Construction/Acquisition/Rehabilitation - infill housing on . existing vacant lots within the CDBG target area and the acquisition/rehabilitaton of existing units. 2. Job Training/Business Incubator - Agreements with local vocational schools to develop building trades apprentice or training programs geared toward new construction activities. 3. Community Stabilizaton - incorporates the City's existing housing rehabilitation, neighborhood associations amd Community Oriented Code Enforcement programs. 22 ---". 4. Credit/Title Repair - provides for the creation and implementation of ongoing programs requiring attendance to wordshops designed to assist in the repair of individual credit. Title Repair involves creating properties that can be developed through the CRA to ensure good and marketable titles on prperties that historically have been impaired with title deficiencies. The initial goal of the partnership is to provide 100 homeownership opportunities over a 2 year period beginning October 1995. It is estimated that a total of$6.2 million will be needed to fully fund the four components. These funds will be leveraged through the resources of the City of Del ray Beach (Bootstrap Rehabilitation funds, CDBG, HOME Consortium dollars, and State Housing Initiatives Partnership (SIDP) dollars), the Housing Authority, the Community Redevelopment Agency, and the Consortium for Affordable Housing Financing (mortgage dollars). In addition, competitive applications will be submitted to the Federal Home Loan Bank, State HOME program, the Palm Beach County Housing Trust Fund and the Local Initiatives Support Corporation (LISC). The City Commission approved the Delray Beach Renaissance concept in Janurary 1995. The organizational structure and independence of each provider remain intact. The City's Community Redevelopment Agency is governed by a City Commission-appointed board but remains an autonomous agency funded through Tax Increment Financing. The Delray Beach Housing Authority is also governed by a City Commission-appointed board and also remains autonomous with funding provided through RUD's Public Housing and Section 8 programs. The TED Center receives funding through various public and private sources including the CRA, Palm Beach County and some local banks. It too is governed by a local Board of Directors. The Delray Beach CDC is a LISC-sponsored nonprofit community development corporation. This nonprofit is also governed . by an autonomous board of directors. The Consortium for Affordable Home Financing, Inc. is an organization of 13 banks who have pooled their dollars in order to provide affordable housing financing. 23 . . CONSOLIDATED ACTION PLAN FISCAL YEAR 1995-96 AVAILABLE RESOURCES Community Development Block Grant The City expects to receive $669,000 in CDBG funds for FY96. An additional $8000 is also expected to be received in Program Income. Program Income is a result of the City's participation in the Community Redevelopment Agency's Loan Subsidy Program. The City provides technical assistance to property owners who receive interest subsidy from the CRA on loans obtained from private lending institutions. The Community Improvement Department is reimbursed at $13 per hour for time spent providing the service. These dollars will be used to provide owner-occupied housing rehab, child care services, youth services, crime prevention, fair housing activities, sidewalk installation, recreation improvements and administrative costs associated with the CDBG program. Detailed project activity descriptions are located in the CPD Consolidated Plan Listing of Proposed Projects table. Geographic distribution is described in the accompanying map. HOME Investment Partnership Consortium The City will receive $184,040 in HOME dollars through the Palm Beach County HOME Consortium. The City will provide new construction opportunities in the form of development grants to CHDOs ($98,440) and owner-occupied housing rehabilitation grants to low and moderate income homebuyers ($85,600). It is expected that approximately 8 first-time homebuyers 6 owners of substandard . housing units will benefit from this program. HOPE 3 The City will continue providing homeownership opportunities through this program. Activities related to the acquisition/rehabilitation of government-owned properties will be into its second year during the 1995-96 fiscal year. It is expected that transfer of the initial 10 units to buyers will be accomplished during 24 . the fiscal year. Local Match As an Entitlement City, the City of Delray Beach receives State Housing Initiatives Partnership Program (SIllP) funds which may be used to fulfill the match requirements of federal funds. SIllP funds may be used for housing rehab, downpayment assistance, impact fee payments, and closing costs. The City's allocation for FY 1995-96 is expected to be $286A54. In addition to SHIP dollars, the City Commission has committed local general revenue funds to the affordable housing program through its Bootstrap Rehabilitation program. An annual allocation of approximately $200,000 is available as match for federal funds also. These dollars may be used for lot acquisition, neighborhood association activities and exterior improvements to housing units. It is expected that 35 units will be assisted through this program. Technical support will be provided to the existing neighborhood associations plus the City expects to help organize 5 new associaitons. New homeownership opportunities will be provided to a minimum of 5 first-time homebuyers. Geographic Distribution Activities described in this plan will be concentrated with Census Tracts 65.02, 67,68.01 and 68.02. Activities relating to HOPE 3 and the Bootstrap programs are city-wide. . 25 _._,...-. 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Ul o AI -. r- CD c '0 _::s 0 :::r iii' ;::;: o Cl)(Q ~ 0);::;: CD Ul a. AI CT -. - _.0 0 Cl) "'tJ::S =::s s: - - ;::;: a. iii" a. 0) 0 - AI "'tJ::sc: o' _ 0 ::I o' .2. en a- t.... - ::s Cl)'<AI 0 o Ul ::s OJ -- UlCl)O en 3Cl) < Cl) 0" '0 "'tJ -i)>"'O(J)ImI() ." 3 ... ogJIcOenoo C Cl) o' -i -. )> m "U G) s: OJ ::s ::s ... )>!e.-n-t~ mG) a. _ -< .CDcO ::s Cl) ..o.::s-t)> (Q AI I9:)> en ... 3: CII ::s . 0 (0<0" C . 0 ~~~~~~~~ ~ ::s Cl) Cl) '< Ul ~ W W W 0 0 _0 z b b 0 0 0 0 0 00000000 N )> 0 0 0 "'0 0"'tJ (1) 33 0 "'tJ '0 '0'0 en =0 AI Ul Ul (Q G) :TCl) Cl) (1) 30. ::s Cl) (1) ::s W .. Ul - ...... w . 06/01/95 U.S. Department of Housing and Urban Development 07:30:02 CPO Consolidated Plan System Listing of Priority Needs Priority Need Level Est. Dollars H = High M = Medium Est. Needed Priority Need L = Low N = No Such Need Units To Address HOUSING NEEDS 0-30% 31-50% 51-80% Renter/Sm Family/Cost Burden> 30% M M M 7 45,000 Renter/Sm Family/Cost Burden> 50% M M M 25 206,400 Renter/Sm Family/Physical Defects L L N 198 2,970,000 Renter/Sm Family/Overcrowded N N N 0 Renter/Lg Family/Cost Burden> 30% M M M 6 50,000 Renter/Lg Family/Cost Burden> 50% M M M 23 189,900 Renter/Lg Family/Physical Defects L L L 31 465,000 Renter/Lg Family/Overcrowded L L L 160 900,000 Renter/Elderly/Cost Burden > 30% M M L 13 73,800 Renter/Elderly/Cost Burden> 50% M M M 50 279,900 Renter/Elderly/Physical Defects L L L 75 1,125,000 Renter/Elderly/Overcrowded N N N 0 Owner/Cost Burden > 30% H H H 25 500,000 Owner/Cost Burden> 50% H H H 95 1,900,000 Owner/Physical Defects H H H 372 5,580,000 Owner/Overcrowded M M M 150 2,400,000 HOMELESS NEEDS FAM INDIV W/SPECIAL NEEDS Outreach Assessment H L M 250,000 . Emergency Shelters 0 Transitional Shelters H L M 100,000 Permanent Supportive Housing L L H 200,000 Permanent Housing H L H 2,000,000 1 . " 06/01/95 U.S. Department of Housing and Urban Development 07:30:03 CPD Consolidated Plan System Listing of Priority Needs Priority Need Level Est. Dollars H = High M = Medium Est. Needed Priority Need L = Low N = No Such Need Units To Address PUBLIC FACILITY NEEDS PRIORITY NEED LEVEL Senior Centers N 0 Youth Centers H 1,500,000 Neighborhood Facilities N 0 Child Care Centers H 60,000 Parks, Recreational Facilities H 750,000 Health Facilities N 0 Parking Facilities M 250,000 Other Public Facilities N 0 INFRASTRUCTURE IMPROVEMENTS Solid Waste Disposal Improvements L 1,000,000 Flood Drain Improvements H 500,000 Water Improvements L 5,105,000 Street Improvements M 250,000 Sidewalks Improvements H 200,000 Sewer Improvements L 5,105,000 Asbestos Removal N 0 Other Infrastructure Improvements Needs M 125,000 PUBLIC SERVICE NEEDS . Senior Services L 15,000 Handicapped Services M 30,000 Youth Services H 300,000 Transportation Services H 50,000 Substance Abuse Services H 150,000 Employment Training M 20,000 Crime Awareness H 150,000 2 06/01/95 U.S. Department of Housing and Urban Development 07:30:03 CPO Consolidated Plan System Listing of Priority Needs Priority Need Level Est. Dollars H = High M = Medium Est. Needed Priority Need L = Low N = No Such Need Units To Address Fair Housing Activities H 25,000 Tenant/Landlord Counseling L 5,000 Child Care Services H 225,000 Health Services Other Public Service Needs ACCESSIBILITY NEEDS Accessibility Needs HISTORIC PRESERVATION NEEDS Residential Historic Preservation Needs Non~Residential Historic Preservation Needs ECONOMIC DEVELOPMENT NEEDS Commercial-Industrial Rehabilitation M 50,000 Commercial-Industrial Infrastructure N 0 Other Commercial Industrial Improvements L 50,000 Micro - Businesses L 50,000 Other - Businesses L 50,000 Technical Assistance L 10,000 Other Economic Development Needs N 0 OTHER COMMUNITY DEVELOPMENT . Energy Efficiency Improvements H 750,000 Lead-Based Paint/Hazards M 50,000 Code Enforcement H 800,000 PLANNING Planning M 100,000 Total Estimated Dollars Needed To Address: $ 36,960,000 3 . ' . 06/01/95 U.S. Department of Housing and Urban Development 07:30:07 CPO Consolidated Plan System Support of Applications by Other Entities Report Support Application Funding Source by Other Entities? A. Formula/Entitlement Programs ESG Y Public Housing Comprehensive Grant .Y B. Competitive Programs HOPE 1 Y HOPE 2 Y HOPE 3 Y ESG Y Supportive Housing Y HOPWA Y Safe Havens N Rural Homeless Housing N Sec. 202 Elderly Y Sec. 811 Handicapped Y Moderate Rehab SRO N Rental Vouchers Y Rental Certificates Y Public Housing Development Y Public Housing MROP Y . Public Housing ClAP Y L1HTC Y 1 u.s. Department of Housing and Urban Development CPO Consolidated Plan Funding Sources Entitlement Grant (includes reallocated funds): 669,000 Unprogrammed Prior Year's Income not previously reported: 0 Surplus Funds: 0 Return of Grant Funds: 0 Total Estimated Program Income: 8,000 TOTAL FUNDING SOURCES: 677,000 Estimated Program Income Description Grantee Subrecipient 1. Community Redevelopment Agency Loan Subsidy 8,000 0 2. 0 0 3. 0 0 4. 0 0 5. 0 0 6. 0 0 7. 0 0 8. 0 0 9. 0 0 10. 0 0 TOTAL PROGRAM INCOME 8,000 0 . Run Date: 06/01/95 Run Time: 07:30:12 " CITY OF DELRA Y BEACH CITIZEN PARTICIPATION PLAN Applicability and Adoption The following Citizen Participation Plan has been developed in compliance with 24 CPR 91.105. The plan sets forth the City's policies and procedures for Citizen Participation as it relates to the federally-required Consolidated Plan. The City of Delray Beach encourages citizens to participate in the development of the Consolidated Plan and all substantial amendments to the consolidated plan, and performance reports. The City especially encourages participation by citizens of low and moderate income neighborhoods, particularly those living within the CDBG Target Area; through consultation with the Public Housing Agency, the participation of tenants of the Public Housing development and residents of Section 8 subsidized housing; minorities and non-English speaking persons; and, persons with disabilities. Adoption of the Consolidated Plan 1. Prior to adoption of the consolidated plan, the City of Delray Beach will make available to citizens, public agencies, and other interested parties information that includes the amount of assistance the City expects to receive (including grant funds and program income) and the range of activities that may be undertaken, including the estimated amount that will benefit persons of low- and moderate-income. 2. To assure the public adequate time and opportunity to comment on the contents of the consolidated plan, the City shall publish a summary of the proposed Consolidated Plan in the local newspaper and shall make copies available for public inspection at the Public Library and City Hall. The summary of the consolidated plan shall describe the contents and purpose of the plan and shall include a list of the locations of where copies of the plan may be fully examined. Upon request copies of the Plan shall be made available to groups and citizens at no charge. . 3. One public hearing shall be held during the development of the consolidated Plan. 4. A Citizens comment period of not less than 30 days shall be established to receive comments from citizens on the consolidated plan. 5. The City shall consider any comments or views of citizens received in writing, or orally at the public hearings, in preparing the final consolidated plan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons therefor, shall be attached to the final consolidated plan. 1 . Amendments to the Consolidated Plan 1. A substantial amendment to the Consolidated Plan shall be defined as the elimination of a previously approved activity or a reduction in funding of a previously publicized activity in order to accommodate the funding of another Community Development Block Grant (CDBG)-eligible activity. 2. The City shall publish in a local newspaper details of the substantial amendment and provide the public with adequate time to comment on the amendment. The public shall be provided with not less than 30 days to provide comments prior to implementation of the amendment. 3. The City shall consider any comments or views of citizens received in writing, or orally at public hearings, ifany, in preparing the substantial amendment of the consolidated plan. A summary of these comments or views and a summary of any comments or views not accepted and the reasons therefor, shall be attached to the substantial amendment of the consolidated plan. Performance Reports 1. The City shall provide the public with reasonable opportunity to comment on performance reports by publishing in the local newspaper the availability of performance reports and providing the public with not less than 15 days to comment on the reports prior to submission to HUD. 2. The City shall consider any comments or views of citizens received in writing, or orally at public hearings in preparing the performance report. A summary these comments or views shall be attached to the performance report. Public Hearings 1. The City shall provide for two Public Hearings per year to obtain citizens' views and comments. One public hearing shall be held at an appropriate time of the program year so that citizens may review program performance and another hearing shall be held prior to publication . of the consolidated plan in order to provide opportunity for citizens to comment on housing and community development needs, including priority nonhousing community development needs. 2. At least two weeks advanced notice of each public hearing shall be provided to the public. These notices shall be published in the local newspaper. 3. Public hearings shall be held at times and locations convenient to potential and actual beneficiaries, and with accommodation for persons with disabilities. These public hearings shall be held during the evening hours at City Hall and/or public facilities located within the CDBG 2 Target Area, i.e. Pompey Park or Carver Service Center. 4. Because of the substantial number of Creole-speaking and Spanish-speaking residents within the City, the City shall provide creole and Spanish versions of all flyers announcing the public hearing. Interpreters shall be provided upon request through the use of creole and Spanish-speaking staff of the Department of Community Improvement. Meetings Reasonable and timely access to local meetings shall be provided to the public. Availability to the Public In accordance with the Americans with Disabilities Act, the adopted consolidated plan, substantial amendments and performance reports may be obtained in an alternate format. To obtain an alternative format of either document, contact the Community Improvement Department, Community Development Division, 100 NW 1 st Avenue, Delray Beach, Florida 33444. Or telephone the Department at (407)243-7280. Access to Records The City shall provide citizens, public agencies, and other interested parties with reasonable and timely access to information and records relating the Consolidated plan and the use of funds under programs covered by 24 CPR Part 91 during the preceding five years. Technical Assistance The City shall provide technical assistance to groups representative of persons of low- and moderate-income that request such assistance in developing proposals for funding assistance under any of the programs covered by the consolidated plan, with the level and type of assistance determined by the City of Delray Beach. The assistance need not include the provision of funds to the group. . Complaints Complaints relating to the City's Consolidated Plan, Amendments and Performance Reports should be submitted in writing to: The City of Delray Beach The Director of Community Improvement 100 NW 1st Avenue 3 . ' Delray Beach, Florida 33444 The Department shall respond to all written complaints within 15 working days where practical. Residential Antidisplacement and Relocation Assistance Plan The City of Delray Beach will replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate-income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR 570.606(b)(1). All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the City of Delray Beach will make public and submit to the HUD Field Office the following information in writing: 1. A description of the proposed assisted activity; 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 5. The source of funding and a time schedule for the provision of replacement dwelling units; and 6. The basis for concluding that each replacement dwelling unit will remain a low/moderate- income dwelling unit for at least 10 years from the date of initial occupancy. The City of Delray Beach will provide relocation assistance, as described in 570.606(b )(2), to . each low/moderate-income household displaced by the demolition of housing or by the conversion of a low/moderate-income dwelling to another use as a direct result of assisted activities. Consistent with the goals and objectives of activities assisted under the Act, the City of Del ray Beach will take the following steps to minimize the displacement of persons from their homes: A. Acquisition or demolition activities will be limited to vacant, condemned or dilapidated structures that have been determined unsafe or contribute to blight. 4 -~_.- B. It is not anticipated that displacement of persons will occur as a result ofthis program. However, if displacement does occur as a direct result of property acquisition for program improvements, tenants and homeowners who are displaced will receive those benefits provided for under the Relocation and Real Property Acquisition Act of 1970, as amended. Every effort will be made to allow displaces to locate in the neighborhood from which they were displaced, if that is their request. Temporary relocations will be processed in accordance with the City of Delray Beach Optional Relocation Policy. . 5 . ' . . M E M 0 R AND U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM it 10 . C . - MEETING OF JUNE 6. 1995 STIPULATED SETTLEMENT AGREEMENT FOR COMPREHENSIVE PLAN AMENDMENT 92-2 DATE: JUNE 2, 1995 This is before the Commission to consider approval of a Stipulated Settlement Agreement between the City and the Florida Department of Community Affairs (DCA) concerning changes to be made to Comprehensive Plan Amendment 92-2 in order to bring the Comprehensive Plan into compliance with State statutes and rules. Basically, the City agrees to delete from the Comprehensive Plan those specific items found not in compliance (Traffic Element Goal Area 'E' , referring to the establishment of an interim Transportation Concurrency Management Area, or TCMA) . If the agreement is approved, staff will process a special Plan Amendment to delete the items. The finding of non-compliance by DCA was based on the fact that State statutes and rules contain no provision to allow an interim TCMA. However, in 1993, new legislation and rules were adopted by the State allowing local governments to create what is called a Traffic Concurrency Exception Area ( TC EA) , or a specific geographic area within which development is not required to achieve traffic concurrency. As explained in the Planning Director's memorandum, the City, together with FOOT and the CRA, is in the process of developing a TCEA to include the downtown (CBD and OSSHAD) , West Atlantic Redevelopment Area, and the CBD zoned land east of the Intracoastal Waterway, with the end result scheduled to be included in Comprehensive Plan Amendment 95-2. DCA is reviewing this work effort as it progresses and it is expected that the resulting Plan Amendment will be found in compliance. Recommend approval of the Stipulated Settlement Agreement between the City and DCA describing the changes required to Comprehensive Plan Amendment 92-2 to bring the City's Comprehensive Plan into compliance with State statutes and rules. ref:agmemo14 . / ,< I . . L-! zr~l C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: ~GUEZ' PLANNING & ZONING SUBJECT: MEETING OF JUNE 6, 1995 APPROVAL OF THE STIPULATED SETTLEMENT AGREEMENT FOR COMPREHENSIVE PLAN AMENDMENT 92-2 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approving a stipulated settlement agreement between the City and the Florida Department of Community Affairs (DCA) describing the changes required to Comprehensive Plan Amendment 92-2 to bring the City's Comprehensive Plan into compliance with State statutes and rules. B A C K G R 0 U N D: There is a lengthy history associated with Comprehensive Plan Amendment 92-2, leading to the subject agreement. In 1990, the Countywide Traffic Performance Code of Palm Beach County was adopted. Included in that code was a process for establishing a Geographic Area of Exception. The process essentially exempted a specific area from the requirement to meet roadway level of service standards. The City and CRA developed the Downtown Core Geographic Area of Exception (GAE) report in 1991- The subject area covered the land within the CBD and OSSHAD zoning districts, lying west of the Intracoastal Waterway. In 1992, the City transmitted to DCA its Comprehensive Plan Amendment 92-2, including changes related to the establishment of a GAE. DCA objected to the amendment, citing a permanent deviation from level of service standards not in accordance with State rules. DCA recommended that the City develop a Transportation Concurrency Management Area (TCMA) as the vehicle to adopt alternative level of service standards. After meeting with DCA and Florida Department of Transportation (DOT) officials, the City adopted a revised Plan Amendment 92-2, with the inclusion of changes related to the establishment of an interim TCMA. After further review, DCA found Plan Amendment 92-2 not in compliance with State statutes and rules, basically because there was no provision to allow an interim TCMA. City Commission Documentation Stipulated Settlement Agreement for Comprehensive Plan Amendment 92-2 Page 2 In 1993, new legislation and rules were adopted by the State, including a process to establish a Traffic Concurrency Exception Area (TCEA). This new process allows local governments to create a specific geographic area within which development is not required to achieve traffic concurrency. The intent and local result of the new process is similar to a GAE. City staff has negotiated with DCA to find an equitable and functional solution to the issue of bringing the Comprehensive Plan into full compliance. That solution is in two parts: 1. A stipulated settlement agreement with DCA whereby the City agrees to delete from the Comprehensive Plan those specific items found not in compliance (Traffic Element Goal Area 'E', referring to an interim TCMA). This is the agreement before the Commission. If approved, the City will follow up with a special Plan Amendment deleting those items. 2. The City, together with the DOT and CRA, is developing a TCEA which includes the downtown (CBD and OSSHAD), West Atlantic Redevelopment Area, and the CBD zoned land east of the Intracoastal Waterway. The result of this effort will be changes to the Comprehensive Plan, scheduled to be included in Plan Amendment 95-2. DOT is interested in using Delray Beach's TCEA as a model for other cities, and is paying for the services of a traffic consultant to handle the traffic modeling aspects of the TCEA. Since DOT is the City's joint venture partner in establishing the TCEA, and since DCA is reviewing the work effort as it develops, staff is confident that the resulting Plan Amendment will be found in compliance. R E COM MEN D E D ACT ION: By motion, approve the stipulated settlement agreement between the City and the Florida Department of Community Affairs (DCA) describing the changes required to Comprehensive Plan Amendment 92-2 to bring the City's Comprehensive Plan into compliance with State statutes and rules. Attachment: Stipulated Settlement Agreement T:\advanced\AGREE922 . j : STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 740 CENTERVIEW D R I V E . TALLAHASSEE, FLORIDA 32399-2100 LAWTON CHILES LINDA LOOMIS SHELLEY Governor May 10, 1995 Secretary Mr. David Tolces, Esquire Assistant City Attorney City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Fl. 33444 Re: Department of Community Affairs v. Delray Beach Dear Mr. Tolces: Enclosed are three copies of a proposed settlement agreement with paragraph 20 deleted as you requested. If this meets with your approval, please have it executed by the City and returned to me for execution by the Department. I will then file a motion to stay the administrative proceedings. When the City adopts the remedial amendment and it has been found to be in compliance by the Department, I will file a motion to dismiss the case. . TKA l't<G'$\\~~' ~fl.i \D ~G 1.0~\ ~G~ "" ~~~\ ?\, EMERGENCY MANAGEMENT. HOUSING ANO COMMUNITY DEVElOPMENT. RESOURCE PLANNING AND MANAGEMENT STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. DOAH Case No. 93-978GM CITY OF DELRAY BEACH, Respondent. / STIPULATED SETTLEMENT AGREEMENT Petitioner, Florida Department of Community Affairs (Department) , and Respondent, City of Delray (City) , hereby stipulate and agree as follows: GENERAL PROVISIONS 1- Definitions. As used in this agreement, the following words and phrases shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Chapter 163, Part II, Fla. Stat. (1993) . b. Agreement: This stipulated settlement agreement. c. Comprehensive Plan or Plan: City of Delray, as adopted by Ordinance No. 82-89 on November 28, 1989, as amended. d. Plan amendment or amendment: The amendments to the plan adopted by Ordinance No. 63-92 on December 8, 1992. e. DOAH: The Florida Division of Administrative Hearings. f. In compliance or into compliance: Consistent with Sections 163.3177, 163.3178 and 163.3191, Fla. Stat. (1993) , , section 187.201, Fla. Stat. (1993), the applicable regional policy plan, and Fla. Admin. Code R. 9J-5. g. Notice: The notices of intent issued by the Department which were attached its statements of intent to find the plan and amendments not in compliance. h. Petition: The petitions for administrative hearing and relief filed by the Department in these cases. i. Remedial Action: A remedial plan amendment, submission of support document or other action described in the statements of intent or this agreement as an action which must be completed to bring the plan and amendments into compliance. j. Remedial Plan Amendment or Remedial Amendment: An amendment to the plan, plan amendments or support document, the need for which is identified in this agreement, including its exhibits, and which the local government must adopt to complete all remedial actions. Remedial plan amendments adopted pursuant to this agreement must, in the opinion of the Department, be consistent with and sUbstantially similar in concept and content to the ones identified in this agreement or be otherwise acceptable to the Department. k. Statement of Intent: The statements of intent to find the plan and subsequent plan amendments not in compliance issued by the Department in these cases. l. Su~port Document: The studies, inventory maps, surveys, data, inventories, listings or analyses used to develop and support the plan and amendments. 2 . 2. Entire Aqreement. This is the entire agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 3. ADDroval by Governinq Body. This agreement has been approved by the governing body at a public hearing advertised in an advertisement published at least 10 but not more than 15 days prior to the hearing in the format prescribed for advertisements in Section 163.3184(15) (c) and Section 163.3187, Fla. Stat. (1993). This agreement has been executed by the appropriate officer as provided in the local government's charter or other regulations. 4. Changes in Law. Nothing in this agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this agreement, the statute or regulation shall take precedence. 5. Other Persons Unaffected. Nothing in this agreement shall be deemed to affect the rights of any other person under the law. 6. Attorney Fees and Costs. Each party shall bear its own costs, including attorney fees. 7. Effective Date. This agreement shall become effective upon the last date of signing by the parties. 3 . PART I 8. Purpose of Part I: Not Establishinq Precedent. The parties enter into Part I of this agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the plan amendment. The acceptance of proposals for purposes of this agreement is part of a negotiated agreement affecting many factual and legal issues and is not an endorsement of, and does not establish precedent for, the use of these proposals in any other circumstances or by any other local government. 9. Department Powers. The Department is the state land planning agency and has the power and duty to administer and enforce the Act and to determine initially whether the plan or plan amendment is in compliance. 10. Exhibits. Exhibit A, which contains the statement of intent applicable to this case, and Exhibit B, which contains those remedial actions proposed for resolving outstanding issues raised in the statement of Intent, are hereby incorporated by reference. 11. Neqotiation of Aqreement. The Department issued its notice and statement of intent to find the plan and subsequent plan amendments not in compliance, and filed the petitions in these cases to that effect. Subsequent to the filing of the petitions the parties conferred and agreed to resolve the issues 4 . in the various petitions, and notices and statements of intent through this agreement. It is the intent of this agreement to resolve fully all issues between the parties in these proceedings. 12. Dismissal. If the local government completes the remedial actions required by this agreement, including the adoption of required plan amendments as set forth herein, the Department shall issue a cumulative notice of intent addressing both the compliance agreement amendment and the initial plan and the amendments subject to these proceedings. The Department shall file the cumulative notice of intent with the DOAH along with a request to dismiss this proceeding. 13. Filinq and continuance. This agreement shall be filed with DOAH by the Department after execution by the parties. Upon the filing of this agreement, the administrative proceeding in this matter shall be stayed by the hearing officer in accordance with section 163.3184(16), Fla. Stat. (1993) . 14. Retention of Riqht to Final Hearing. Both parties hereby retain the right to have a final hearing in this proceeding in the event of a breach of this agreement, and nothing in this agreement shall be deemed a waiver of such right. The Department or any other party to this agreement may move to have this matter set for hearing if it becomes apparent that any other party whose action is required by this agreement is not proceeding in good faith to take that action. S . 15. Description of provisions not in Compliance and Remedial Actions: Leqal Effect of Aqreement. Exhibit A to this agreement is a copy of the statement of intent, which identify the various provisions found not in compliance. Exhibit B contains remedial actions needed for compliance to resolve outstanding issues raised in the statement of Intent. This agreement constitutes a stipulation that if the remedial actions are accomplished, the Department shall issue a cumulative notice of intent to find the plan, the plan amendments and remedial amendment in compliance. However, this agreement shall not be construed to be a waiver of the Department's authority to make determinations under section 163.3184(9) (b), Fla. Stat. (1993) . 16. Remedial Actions to be Considered for Adoption. The local government agrees to consider for adoption by formal action of its governing body all remedial actions described in Exhibit B no later than the time period provided for in this agreement. 17. Adoption or Approval of Remedial Plan Amendments. Within 60 days after execution of this agreement by both parties, the local government shall consider for adoption all remedial plan amendments. This may be done at a single adoption hearing. Within 10 working days after adoption of the plan amendment, the local government shall transmit 5 copies of the amendment to the Department as provided in Fla. Admin. Code R. 9J-11.011. The local government also shall submit one copy to the regional planning agency and to any other unit of local or state government that has filed a written request with the governing 6 . w~.. body for a copy of the plan amendment and a copy to any party granted intervenor status in this proceeding. The amendment shall be transmitted to the Department along with a letter which describes the remedial action adopted for each part of the plan amended, including references to specific portions and pages. 18. Review of Remedial Amendment and Notice of Intent. within 45 days after receipt of the adopted remedial plan amendments and support documents, the Department shall issue a notice of intent pursuant to section 163.3184, Fla. Stat. (1993), for the adopted amendments in accordance with this agreement. a. In Compliance: If the adopted remedial actions satisfy this agreement, the Department shall issue a cumulative notice of intent addressing both the plan, plan amendments and the compliance agreement amendment as being in compliance. The Department shall file this cumulative notice with DOAR and shall move to have these proceedings dismissed. b. Not in Compliance: If the remedial actions are not adopted, or if they do not satisfy this agreement, the Department shall issue a notice of intent to find the plan amendments not in compliance and shall forward the notice to DOAR for a hearing as provided in Subsection 163.3184(10}, Fla. Stat. (1993), and may request that the matter be consolidated with the pending proceedings for a single final hearing. The parties hereby stipulate to that consolidation and to the setting of a single, final hearing if the Department so requests. 7 . 19. Effect of Amendment. Adoption of any compliance agreement amendment shall not be counted toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187 (1) , Fla. Stat. (1993) . This agreement contains all the terms and conditions agreed to by the parties. In witness whereof, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS CITY OF DELRAY Linda Loomis Shelley Secretary Date Date Attest: city Clerk Assistant General Counsel city Attorney 8 . - '. i - - EXHIBIT "A" - .. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN RE: CITY OF DELRAY BEACH) COMPREHENSIVE PLAN ) AMENDMENT 92-2 ) - ADOPTED BY ) DOCKET NO. 92-2-NOI-5008-(A)-(N) ORDINANCE NO. 63-92 ) ON DECEMBER 8, 1992 ) ) STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN AMENDMENT NOT IN COMPLIANCE The Florida Department of community Affairs hereby issues its Statement of Intent to find Comprehensive Plan Amendment 92-2 of Delray Beach, adopted by Ordinance No. 63-92 on December 8, 1992, - Not In Compliance based upon the Objections, Recommendations and Comments Report (ORC Report) issued by the Department on October 5, 1992, which is hereby incorporated by reference, and changes made to the plan amendment, as adopted, which were - not previously reviewed by the Department. The Department finds that the plan amendment is not "in compliance," as defined in Section 163.3184 (1) (b) , Florida Statutes (F.S.) , because it is not consistent with' section 163.3177, F.S. , the State Comprehensive "- Plan, the Treasure Coast Comprehensive Regional Policy Plan, and Chapter 9J-5, Florida Administrative Code (F.A.C.) , for the following reasons: I. DESIGNATION OF INTERIM TRANSPORTATION CONCURRENCY MANAGEMENT AREA A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: . . , -. _. .-.. -- " ,- 1. The Interim Transportation Concurrency Management Area designation for the Village Center as found in Trafzic Circulation Policies E-1.2, E-1.S, E-1.8, E-1.9, E-3.1, and E-6.1, is not supported by goals, objectives and policies that :..address the minimum criteria required by law, because Traffic Circulation Element Objectives E-3 through E-6, and their implementing policies, state only what will be included in the Transportation Mobility Element and do not address the provisions of Rul.e 9J- 5 . 0057 (S) , F.A.C. Rule 93-5.0057(7) (b), F.A.C. 2. The Interim Transportation Concurrency Management Area designation for the Village Center as found in Traffic Circulation policies E-l.2, E-l.S, E-l. 8, E-l. 9, E-3.1, and E-6.1, is not - supported by data and analysis which demonstrates how the Interim Transportation Concurrency Management Area is generally consistent with the purpose of such areas and the City's ~ong-range mobility goals. Rule 9.1-S.00S7(7) (b), F.A.C. 3. Traffic Circulation Element Policy E-1.S, which measures the impacts of trips generated by development within the Transportation Concurrency Management Area references Table 6. However; Table 6 is not included. Rule 9J-5.0057(7) (b), F.A.C. B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. Revise the Traffic Circulation Element to support the Interim Transportation Concurrency Management Area designation for the Village Center as stated in Traffic Circulation Policies E-1.2, ~ E-l.5, E-l.8, B-1. 9 , E-3.1 and E-6.1, with goals, objectives and . 2 . - - '\ - " policies that address the provisions of 9J-S.00S7(5), F.A.C. , the goals, objectives and policies of the Transportation Mobility Element. 2. Revise the Interim Transportation Concurren~y.Management Area designation for the Village Center as found in Traffic circulation Policies E-l.2, E-l.S, E-l.8, E-l.9, E-3.1, and E-6.1, to be supported by data and analysis which demonstrates how the Interim Transportation Concurrency Management Area is generally consistent with the purpose of such areas and the City's long-range mobility goals. 3. Revise Traffic Circulation Element Policy E-l.5 to - reference the appropriate Table. II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN A. Inconsistent provisions. The inconsistent provisions of . the plan amendment under this subject heading are as follows: 1. The adopted comprehensive plan amendment is inconsistent with the state Comprehensive Plan goals and policies, including the Iollowing provisions (Rule 9J~5.021, F.A.C.): a) Goal (20) (a) and Policy (20)(b)9., regarding the efficiency of transportation systems. b) Goal (26) (a) and Policy (26)(b)7., regarding the implementation of plans. B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: 1. Complete the remedial actions described in Paragraphs I.B.L, 2. , and 3. above. . 3 . - .' - "' ~ ) III. CONSISTENCY WITH THE TREASURE COAST COMPREHENSIVE REGIONAL POLl CY PLAN A. inconsistent ~rovisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: ~. The adopted comprehensive plan amendment is~inconsistent with the Treasure Coast Comprehensive Regional Policy Plan goals and policies, including the following provisions (Rule 9J-5.021, F.A.C.): a) Goal 19.2.1, and its policies, regarding the efficient movement of people and goods. B. Recommended remedial actions. These inconsistencies may be remedied by taking the following actions: - 1. Complete the remedial actions described in Paragraphs :['B.~. , 2. , and 3. above. - - . 4 . . . . . , -- \ , . . CONCLUSIONS ~. The plan amendment is not consistent with the Treasure. Coast Comprehensive Regional Policy Plan. 2. The plan amendment is not consistent 'w i f:h the State Comprehensive Plan. 3. The plan amendment is not consistent with Chapter 9J-5, F.A.C. 4. The plan amendment is not consistent with the requirements of Section 163.3177, F.S. 5. The plan amendment is not "in compliance", as defined in section 163.3184 (1) (b) , F.S. - 6. In order to bring the plan into compliance, the City may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. ~~ Executed this ~ay of February, 1993, at Tallahassee, Florida. CL~ ~~SV'A Charles Pattison Division Director Division of Resource Planning and Management 2740 Centerview Drive Tallahassee, Florida 32399 :ths b:miscI<U"ybcb.lOi 5 . , ~.. .. - EXHIBIT "B" - - .. 00n AREA YEY IT IS A 00n 0r THE tITY T0 'R0YI~E r0R THE IMME~IATE ~ESI0KATI0K 01 AK IKTERIM TRAKSP0RTATI0K fZ0KfZT6RREKfZY MAKA0EMEKT AlEA (TtMAl T6KTIZ ST6tH TIME AS A TRAKSP0RTATI0K M0BIZITY EZEMEKT (TMEl IS A~0PTE~ BY A fZ0MPREHEKS lYE PZAK AMEnMEKT' THE PT6R'0SE 01 THE 'I'ME SHAZZ BE T0 PZAK 10R A MT4ZTIrM0~U.I MT4ZTIr0PTI0Kn TRAKSP0RTATI0K SYSTEM WHItH PUtES ZESS EMPHASIS 0K AfZt0MM0~ATIK0 THE SIK0ZEr0fZfZT6PAKfZY YEHIfZZE AK~ WHItH EMft0T4RA0ES THE ~EYEZ0PMEM't 01 ft0MPAfZTI M0MrAT4'r0M0BIZE 0RIEMTE~ T4RBAK AREASI PR0M0TES EKER0Y E11IftIEMT ~EYEZ0PMEM't PATTERKS' PR0TEfZTS AIR ~T6AZITYI AM>> PR0YIZES r0R THE M0RE Er1IfZIEM't M0BIZITY 01 RESIZEMTSI YISIT0RSI AKJZ) 000~S' (9lr!'ee!1(11(~lJ 0l6~eitlwe Efl' In ll5tl71et tll5 aiiess tiie tlexIl6IIIt1 allll5wel71 In esta~IIsiiln~ lewels ll5t setwlie stanl71atl71s anl71 tll5watl71 tiie ~ll5al ll5t estal6IIsiilri~ a ill5nwenlentl enet~1 ettlilentl aUd I t I fmll5l71a I ttanspll5ttatIll5n s1stem wHliH ill5mpllments tHe ptll5pll5sel71 Ianl71 l1se pattetnl aril71 wHIle ptepatln~ a TtaJispll5ttatI ll5n Mll5l6IIIt1 ElemeJit ('I'MEl al71l71tessln~ tiie entlte ~l1tIsQ1IitIll5nl tHe elt1 ell5ma'1IssIll5niietel61 l71esI~nates tHe atea l71esitIl6el71 In tHe YYIlla~e eentetY l71eweIll5pment sienatIll51 lI~l1te ~f8 In tHe 111tl1te Eanl71 T6se Eleu\eJitl as ari lritetlu\ Ttarispll5ttatIll5ri ell5riil1tteJii1 MaJia~eu\erit Atea lTeMA11 THIs Intetlm TeMA l71esI~riatIll5n siiaII l6e etteitI"ie tll5t a maxlml1m petIll5171 nll5t tll5 exieel71 tHltt1fslx u\ll5ntiis ttll5m 0eieR'1l6et 81 1992 17111tlri~ wiiliH tIme a TME sHall l6e ptepatel71 anl71 aQ1ll5ptel71/ (9Jf!/00!1l11lalJ Pll5I!it ErZ1Zi THe Intetlm TeMA l71esI~nateQ1 wItHIn 0elta1 BeaiH sHall allitll5matItaII1 l6etll5me nlliII anl71 wll51171 It tHe 0eltaj Beaiii eItj ell5ma'1IssIll5n l71ll5es nll5t aQ1ll5pt a TME as a ill5mpteiierislwe plan au\enl71merit wltHlri tHe tIme ttame ptesitIl6ed l6j 0l6~eitlwe Efll (9Jf!100!1(11(alJ Pll5I!it EfZ12i Tiie leweIs ll5t setwlte standatds esta~IIsiiel71 tll5t tHe Intetllit TeMA sHall l6e walld tll5t rill5 Ill5n~et tHat tHe tlu\e ttalite ptesttIl6eQ1 l61 0l6~eitIwe Efll SHll5llild tHe eltj tall tll5 adll5pt a TME wItHIn tiie tIme ttame ptesttll6ed l61 0l6~ettIYe EfZI tiie IeweIs ll5t setwlie staril71atds estal6IIsiiel71 tll5t tHe Intetlm TeMA!s sHall allitll5matltaII1 l6e testlril71el71 and tHe I e"ie I ll5t set";Iie stanQ1atQ1 In plaietll5t Q1eweIll5pment nll5t In tHe TeMA sHall ta~e attettl (9Jf!100!1l11la1J . .,r/Jlt.rtt EfZ/3' T~e ~It1 er/J~ISsIr/Jn s~aII ~aie t~e a~t~r/JtIt1 tr/J Impr/JSe spetIfIt lImits r/Jn t~e amr/J~nt r/Jf 0eielr/Jpment petmitte0 wit~in t~e intetim T~MA an0 s~t* limits s~alI ~e iaII0 fr/Jt nr/J lr/Jn~et t*an t~e time petIr/J0 ptestti~e0 ~1 0~~ettIie Efli 3ai0 lImIts r/Jf 0eielr/Jpment s~all ~e as 0efIne0 In Ta~le Ef2a r/Jf tHe l~t~te Ean0 ~Se Elementi (9Jf5i0051(11(alJ .,r/Jlt.rtt Efl/" T~e PlannIn~ 0epattment s*all ptepate ~r/Jnit0tiri@ stat~s tepr/Jtts r/Jn a sit mr/Jrit~ ~asisi Sai0 tepr/Jtts will teflett tKari~e~ Iri t*e amr/J~rit r/Jf ptr/Jpr/JSe01 apptr/Jie01 ~~Ilt ari~ tr/JtaI etIstiri~ tr/Jri0Itir/Jri~ telatiie tr/J Ian0 ~~e 0eri~it1 an~ Iritensitt In t*e T~MAi (9Jf5i0051(11(~lJ .,r/Jlt.rt.t EfI/5i TKe Impartts r/Jf ttips ~erietate~ ~t ~eielr/Jp~ent wItKin t*e TeMA wIll ~e mea~~te~ a~ain~t tKe Ieiels r/Jf ~etiite fr/Jt TeMA an~ ~atewa1 tr/Ja0~ ~*r/Jwn In Ta~le g r/Jf tKe TtaftIt Ele~eriti TKe Impatt r/Jf ttips ftr/Jm all r/JtKet ~eielr/Jp~erit wit~ ttaffit impatts r/Jn T~MA an0/r/Jt ~atewa1 tr/Ja0s will ~e mea5~te~ a~ain~t tKe ~enetal Ieiel~ r/Jt ~etiIte a~ 0efIne~ Iri 0~~ettIie Bfli All tr/Ja~ E0S ~etetmInatIr/Jris sKal1 ~e ma~e r/Jri ~r/JtK a ~aIlt ari~ pea~ Kr/J~t ~a~I~i (9Jf5i0051(51(t11J Pr/Jlt.rtt Efl/S' 0eielr/Jpmerit~ wItlHn t~e TeMA s*aII ~~e tKe etistIri~ ~tI~ s1~te~ r/Jf stteets wit*In tKe TeMA ari~ s~ttr/J~ri0In~ ~r/Jwntr/Jwn atea fr/Jt ttaffIt 0istti~~tIr/Jn p~tpr/JseSi Pr/Jlt.rt.t Ef Z/7 i lr/Jt ma~~ ttan~It tatIlItie~ Ir/Jtate~ witKin tKe 0r/Jwntr/Jwn IritetIm T~MAI tKe IeieI r/Jf setiIte stan~at~s sKalI ~e as esta~II~Ke<21 In t*e ~r/J~rit1 ~r/JmpteKensIie Plari/ (9Jf5i0051(51(t11J Pr/Jlt.tt EfliS' T*e ~petIfit limits r/Jn t*e amr/J~nt ari~ type (~t Iari<21 ~sel r/Jf <21eielr/Jpment permitte<21 wIt*in tKe 0r/Jwritr/Jwn iriteti~ T~MA ~KaII ~e a~ esta~lisKe0 In tKe YYilla~e ~eritetY <21eielr/Jpment stenatir/J as <21efine<21 in Ta~le Ef2a r/Jf tKe l~t~te Ean<21 ~se Elementi (9Jf5i0051(71(~lJ P r/J I 1. rtt E f Z , 9 , T*e Ttaffit Eri~ineet r/Jf 0elta1 BeatK sKal1 set ~p a mr/Jnitr/Jtin~ ptr/J~tam tr/J ttat~ new <21eielr/Jp~ent apptr/Jial~ witKin tKe ~r/J~n<21atie~ r/Jf tKe 0r/Jwritr/Jwri IritetI~ T~MAi TKe ~~~ r/Jt t~e new <21eielr/Jpmerit apptr/Jials sHall ~e tr/Jmpate<21 tr/J tKe Ian<21 ~~e iriten~itIes in Ta~le Ef2ai TKe TtaftIt Eri~Irieet sKaII ~~~mit a tepr/Jtt tr/J tKe r/Jffite r/Jf tKe PlarinIri~ 0itettr/Jt eietj sit mr/JritH~ tr/Jmpatiri~ Oie s~m r/Jf new <21eieI r/Jpment apptr/JiaIs tr/J tHe ~~antities In sai0 Ta~lei 0~~ettt.ie Ef2 Iri r/Jt0et tr/J a~s~te intet~r/Jietri~erital tr/Jr/Jt<21iriatir/Jnl tKe ~itt ~KaII tr/Jr/Jt<21iriate tKe <21e~i~riatir/Jn r/Jf tKe iritetIm T~MA witH r/JtHet entitie~i . . P0Ittt v.';'2/Z' P\1tS\1ant to ~0\1ntt ~0Il'lpt~)l~n8it~ Plan teqt\1ltementsl ptillSt tl6 tHe tIme tHe ~Itt ttansdllts a tllSmpteHensIie plan amen<11ment <11esl~natIn~ llSne llSt dl0te IntetIm T'lMAfsl tHe 'lltt sHall petItlllSn tHe B0at<11 llSt ~llS\1ntt 'lllSw.nlsslllSnets (Bl'l1'l1 J tllS estal'llsH IntetIm IeieI llSt settlte stan<11at<11s tllSt tllSllettllSt l6t attetIal tllSa<11 lInKs an<11 ~atewat tllSa<11 lInKs tMat ate nllSt tMe tespllSnsll'lIItt llSt tHe 'lltt p1d.ts1d.ant tllS 'lllS1d.ntt TtattIt Element 01'~ettIie 131 P0Itrt.t 1.';'2/21 TMe 'lltt 'lllSmIfllsslllSn atrt.epts tHe a1d.tHllStlty 0t tHe BllSat<11 llSt 'lllS1d.ntt 'lllSmIfllssll6nets tllS Ill'lp0se rt.llSn<11lti0ns \1p0n tH~ apptllSial llSt ant IntetIm Ieiel llSt setiit~ stan<11at<11 wHItH Idlpart.ts a t0a<11 nllSt 1d.n<11et 'llty ~1d.tls<11lttlllSnl IntI1d.<11ln~ l'\1t n0t IImIte<11 tllSI mllSnItllStIn~ an<11 stat1d.s tepllSttsl pMasIn~ te(l,f1d.ltementsl tllSa<11wat ImptllSiell'lentsl 1'IKewat an<11 pe<11esttIan system ImptllSiementsl an<11 TtanspllSttatlllSn 0eman<11 Mana~ement (T0MJ an<11 TtanspllSttatlllSn Ststell'l Mana~ement (TSMJ meas1d.tesl 0iS~ert.tlie 1.';'3 WItHIn tMlttyfslx (36J mllSntMs attet tMe a<11llSptlllSn llSt tllSmpteHensIie plan amen<11ment settIn~ an IntetIm T'lMAI tHe 'llty 'lllSw.nlsslllSn sHall a0llSpt a TtanspllSttatlllSn MllSl'lllty Element (TMEll THe TME sMaIL ptllSil<11e tllSt a satel tllSnienlent an<11 enet@t ettltlent m1d.ltlfmllS0aI ttanspllSttatlllSn systeml THe TME sMaIL meet tMe ptllSilsll6ns lISt tHe appIItal'Ie state stat\1tes an<11 aO'llnlsttatIie t1d.les I an<11 te(l,f1d.Itements lISt Palm BeatH 'lllS1d.nty J (9JfSJ00S1(Sl(1'1IJ P0Ittt Z';' 31 Ii In tHe <11eielllSpment lISt Its n1ZI 0eltay BeatH sMaIL estal'IIsM Ieiel lISt setiIrt.e stan0at0s 01d.tIn~ tHe peaK MllS1d.t tllSt tllSa<11s an<11 ttansIt tart.IIItIes wItHIn Its ~1d.tls01rt.tlllSn attet tllSns1d.ltatlllSn wItM tHe FIllStl<11a 0epattment lISt TtanspllSttatlllSnl tHe 'lllS1d.nttl an<11 ant attert.te<11 IllStal ~lISietnmentsJ (9JfSJ00S1(Sl(1'1IJ P0Ilrt.t Z';'3l2i In tMe 0eielllSpment lISt Its TMZI 0eltay BeatM sMaIl ptllSil<11e tllSt tHe tllSnttllSl llSt tllSnnettlllSns an<11 attess pllSInts lISt 0tIieways an0 tllSa0s tllS tllSa<11waysJ (9JfS100~1(SJ(tI2J PlISIltt Z';'313i In tHe <11eielllSpment lISt Its TMZI 0eltay BeatH sHall estal'llsM patKIn~ sttate~les tHat wIll ptllSmllSte 1d.se llSt altetnatlies tllS tMe sln~lefllStt1dpant a1d.tllSmllSl'lle1 TMIs PlISllty sHllS1d.l<11 l'e tllSllSt<11lnate<11 wItM tHe 'llty PatKIn~ Mana~ement Team1 (9JfS100~1(Sl(t13J P0Iltt z';' 3 l' i In tHe 0eielllSpment lISt Its TMZI 0eltay BeaiH sHall estal'llsH sttate~ies tllS ptllSll'lllSte l'iiyiles ari<11 pe<11esttian attIiItIes1 19JfS100S1(SI(tJ~J " . P0I!rtt Ef3/!i In the l21eweI0pment 0f its TMEI 0eltat Bearth in t00petatirIJn with Palm Beath ~rIJ~ntt shall esta~I!sh sttate~ies tr/J artHiewe rlJt maintain rtlean ait ~~alittl ptrIJmrIJte enet~ trIJnsetwatirIJn anl21 effirtienttl anl21 tel21~rte tHe n~~et rlJf wehirtle ttips ttPitallt etperttel21 trIJ ~e ~enetatel21 ~t new l21eweI0pment rlJt tel21ewelrlJpment1 (9Jf!100!7(!1(i16~ P0I!it Efld6i In tHe l21ewelrlJpment rlJf its TMEI 0eltat Beaih SHall esta~liSH TtansprIJttatirIJn 0emanl21 Mana~ement (T0Ml ptrIJ~tams trIJ mrIJl21ify peal{ HrIJ~t ttawel l21emanl21 an<d tel21~te the n~mJ6et rlJf wehitle miles ttawelel21 pet iapita witHin tHe ~ittl ~rIJ~ntt an<d te~irIJn1 (9Jf!100!7(!1(i17~ P0I!tt Ef3/7 i In the fliewelrlJpment rlJf its TMEI 0eltat Beath sHall esta~lisH TtansprIJttatirIJn System Mana~ement (TSMl sttate~ies as apptrIJptiate tr/J imptrIJwe system eftiiienit an<d enHanie safety1 (9Jf!100!7(!1(ilSJ 016~ett!we Ef4i WitHin tHe time ftame ptestti16el21 16y 016~ettiwe Efll 0eltat BeaiH sHall trIJrlJtl2Iinate tHe ttansprIJttatirIJn netwrIJtl{ witH tHe f~t~te lanl21 ~ses sHrlJwn rlJn tHe f~t~te lanl21 ~se map in rlJt<det trIJ <ditett intensiwe l21ewelrIJpment trIJ tHe T~MA anl21 ens~te tHat etistin~ anl21 ptrIJprIJsel2I <densitiesl HrIJ~sin~ anl21 emplrIJyment pattetnsl anl21 lan<d ~se telatirIJnsHips anl21 intensities witHin tHe T~MA will S~pprIJtt tHe ttansprIJttatirIJn mrIJl2Ies anl21 setwites ptrIJprIJsel2I trIJ setwe tHe - T~MA1 (9Jf!100!7(!I(1612J PrlJI!tt Ef41 Ii 0eltay SeatH sHall estaJ6IisH site anl21 J6~iIl21in~ l21esi~n stanl21iit<ds trIJt l21eweI rlJpment atrIJ~n<d titel21 tail ttansit strIJps in rlJtl2Iet trIJ ass~te tHe iiiiessi16ilit1 rlJf new <dewelrlJpment witHin T~MA!s trIJ fitel21 tail ttansit wehitles1 (9Jf!100!7(!I(tl10~ PrlJI!it Efl12i 0elta1 Sea~H sHall esta16IisH nllfmetitaI inl2IitatrIJts a~iiinst wHitH tHe aiHiewement rlJf mrIJ16ilitt ~rlJaIs tan 16e measllfte1211 SllfiH inl21itatrIJts trIJllfll21 intIllfl21e mrIJl21aI splitl annllfal ttansit ttips pet tapital allftrIJmrIJ16ile rlJttllfpant1 tatesl nllfml6et rlJf pel21esttians anl21 16it1ilists1 (9Jf!100!7(!I(tlIIJ 016~ett!we Ef! 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[IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090 DEL RAY BEACH F lOR I D ^ ........ AII.America City MEMORANDUM , ~ II t! DATE: May 15, 1995 1993 TO: Alison MacGregor Harty, City Clerk FROM: David N. Tokes, Assistant City Attom~ SUBJECT: Department of Community Affairs v. City -- Adoption of Compliance Agreement Notice of Adoption--Advertisement Please insure that the attached notice is advertised on May 25, 1995. The City Commission will consider the agreement at its June 6, 1995 meeting as a public hearing item. The advertisement must be a quarter page in size and the heading should be in a type no smaller than 18 point. See 163.3184(15)(c), Florida Statutes. I also attach a copy of the proposed agreement for your files. Diane Dominguez will be preparing the agenda backup. Please call if you have any questions. DNT:smk Attachment cc: Diane Dominguez, Planning & Zoning Director John Walker, Project Coordinator dca-2.dnt !(.-...:..-- f<ECEIVED 5/t{./'IS' I CITY CLERK ! - @ Printed on Recycled Paper . - .. , NOTICE OF ADOPTION OF COMPLIANCE AGREEMENT Pursuant to Section 163. 3184( 16), Fla. Stat., the City of Delray Beach intends to consider adopting a Compliance Agreement with the State of Florida Department of Community Affairs regarding Division of Administrative Hearings Case No. 93-978GM. A public hearing on the Compliance Agreement will be held on June 6, 1995 at 7:00 p.m. at the City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach. A copy of the agreement is available for review at the City Clerk's Office. CITY OF DELRA Y BEACH, FLORIDA By: Alison MacGregor Harty City Clerk Publish: The News May 25, 1995 . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # Jo . /) . - MEETING OF JUNE 6. 1995 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 26-95 (DESIGNATION OF THE BLANK HOUSE AS A LOCAL HISTORIC SITE) DATE: MAY 30, 1995 This is second reading and public hearing for Ordinance No. 26-95 which designates the Blank House located at 85 S.E. 6th Avenue as a local historic site and adds it to the Local Register of Historic Places. The property consists of three lots containing a single family residence constructed in 1907, a 3-unit apartment building constructed in 1947, and a garage apartment constructed in 1950. While two of the structures are not historic, it is recommended that the entire parcel be designated to ensure that inappropriate development does not adversely affect the historic house. The Blank House, built for the John R. Blank family who came to Delray in 1903 from Michigan, is a good example of early wood frame vernacular style of architecture constructed by the City's pioneering families. It contains all of the major features of the style and is largely unaltered. The Historic Preservation Board conducted a public hearing on this matter on May 3, 1995, at which time the Board voted 5 to 0 to recommend the designation of the Blank House as a local historic site. At first reading on May 16, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 26-95 on second and final reading. f~ 5-0 ref:agmemo17 I .... -~ ., ------ : ORDINANCE NO. 26-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF i BEACH, FLORIDA, DESIGNATING THE BLANK HOUSE, . DELRAY LOCATED AT 85 S. E . ,6TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "Z0NING MAP OF DELRAY BEACH, I FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN ! OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, I A SAVING CLAUSE, AND AN EFFECTIVE DATE. ; , WHEREAS, Section 4.5.1 of the Land Development Regulations : i of the Code of Ordinances of the City of Delray Beach provides for the i designation and protection of historic sites; and . I WHEREAS, Michael D. Bonchak, owner, has nominated the property described herein to be designated as a local historic site; and WHEREAS, a designation report was prepared concerning the I designation of the property located at 85 S.E. 6th Avenue to the Local Register of Historic Places; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and WHEREAS, on May 3, 1995, the Historic Preservation Board of the City of Delray Beach recommended that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has i conducted a duly noticed public hearing in regard to the designation ! of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: THE BLANK HOUSE, located at 85 S.E. 6th Avenue, Delray Beach, Florida; more particularly described as follows: ! - .,.-.,',., _"d,._." ,_. -..........., -. ,'--', .- . Lots 12, 13 and 14, Block 117, DELRAY BEACH (FORMERLY TOWN OF LINTON), as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, ! upon the effective date of this ordinance, amend the Zoning Map of the , City of Delray Beach, Florida, to show the historic designation, in an ! overlay manner. I Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this I I ordinance or any portion thereof, any paragraph, sentence, or word be I I i declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a ! whole or part thereof other than the part declared to be invalid. Section 5. That 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 6th day of June , 1995. ~~ I ! ATTEST: (JhNrrdlp.t',Iu~ !I(J~ : i , City Cl k I ! First Reading May 16, 1995 Second Reading June 6, 1995 - 2 - Ord. No. 26-95 ~ C I T Y COM MIS S ION DOC U MEN T A~I 0 N ",' '...( ,'- \.. .. r"il'l: TO: ~ ~:TY MANAGER r~ i\'{ 1 J ';)',;; L:tiY N1P~" ,.: t'~. THRU: DIANE DOMINGUEZ, D~~ -~ --.-.. DEPARTMENT OF PLANNING AND ZONING ~ FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF MAY 16, 1995 FIRST READING OF AN ORDINANCE DESIGNATING THE BLANK HOUSE, 85 S.E. 6TH AVENUE, TO THE LOCAL REGISTER OF HISTORIC PLACES. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance designating a property as a local historic site. The property consists of a single family residence constructed in 1907, a 3 unit apartment building constructed in 1947, and a garage apartment constructed in 1950, located at 85 S.E. 6th Avenue. The legal description of the property is Block 117, Lots 12. 13 and 14. B A C K G R 0 U N D: The building was constructed in 1907, the architect and principal contractor are unknown. The structure is a good example of early wood frame vernacular style of architecture constructed by the City's pioneering families. It contains all of the major features of the style and is largely unaltered. The Blank House has a high threshold of cultural significance. It was built for the John R. Blank family who came to Delray in 1903 from Bay City, Michigan. The Blank family founded the first tropical plant nursery in the area and was associated with the financial growth of the City. The house has been in continuous ownership by the Blank family until it was sold to the present owner six months ago. It is appropriate that this building be listed on the Local Register of Historic Places for it is worthy of the protection and special consideration afforded by that designation. Though two of the structures on the site are not historic, it is advisable to designate the entire three lot parcel, as was done ) City Commission Documentation Meeting of May 16, 1995 Designation of a Local Historic Building Page 2 wi th the Sundy House and the Seaboard Air Line train depot, in order to assure that inappropriate development does not adversely affect the historic house. The historic house and the garage apartment (1950) are built across the property lines of Lots 12 and 13, the apartment building (1947) is located across the property lines of Lots 13 and 14; and the buildings are aesthetically linked by proximity. The property is located in the Central Business Zoning District (CBD), and it is reasonable to assume that the historic house will not remain residential. Adaptive reuse of the historic house can best be accomplished by utilizing the site as a whole. By designating the entire site, the garage and apartment building become noncontributing structures to the historic site. Exterior modifications to noncontributing buildings are reviewed by the Historic Preservation Board through the Certificate of Appropriateness process, thus protecting the site from inappropriate renovation or new construction, which might have a negative impact on successful reuse of the historic house. The attached designation report provides a more complete analysis of the structure's historic significance. This request for designation is being made by the owner, Michael D. Bonchak. HISTORIC PRESERVATION BOARD CONSIDERATION: The Historic Preservation Board formally reviewed the designation report at its meeting of April 19, 1995 and made positive findings to LOR Section 4.5.1(B),(2)(a) and and 4.5.1(B)(3)(a) and (b), Criteria for Desiqnation of Historic Sites or Districts, and set a date for a Public Hearing to allow the public to comment on the designation. Pursuant to Section 4.5.1(C) Desiqnation Procedures, the Public Hearing was held on May 3, 1995. The Board voted 5-0 to recommend that the City Commission approve the ordinance designating the Blank House as a Local Historic Site. R E COM M NED E 0 ACT ION: By motion, approve on first reading the ordinance designating the Blank House, 85 S.E 6th Avenue (Block 117, Lots 12, 13 and 14 to the Local Register of Historic Places. Attachment: * Letter of approval for designation from the owner. * Designation report. file/y:blank-2 March 12, 1995 Historic Preservation Board Historic Preservation planner City of Delray Beach 100 North West 1st Avenue Delray Beach, Florida 33444 Dear Patricia Cayce, please except my letter as a formal request to have the property located at 85 South East 6th Avenue Delray Beach, be designated as a "Historical Site." This property, formerly the Blank Residence, surely meets the guidelines set fourth by the City Commission. The Blank's were the eight family to become permanent residence in this area. At the time this house was built, 1907, it was called the City of Linton. The house has remained pretty much the same as it appeared then. The site is located at 85 South East 6th Avenue, which is in the central business area. This area is a very populated and visible area. This site would be ideal for show casing another Delray Beach historical landmark. I hope the Historical Preservation Board will feel as I do, and present this site to the commission for consideration of being designated to the Local Register as a historic site. Thanking You In Advance, M~k // ' d- /J /?J2d/c ~~(Cm:rrWIE1D) MAR 13 1995 PLANNING & ZONING .,... . I . ~ tr- DES I G N A T ION R E P 0 R T HISTORIC PRESERVATION BOARD DELRAY BEACH, FLORIDA . . [ THE BLANK HOUSE 85 S.E. 6TH AVENUE CONSTRUCTED 1907 Designation Report 85 S.E. 6th Avenue Page 2 DESIGNATION REPORT: 85 S.E. 6th AVENUE TABLE OF CONTENTS I. GENERAL INFORMATION II. LOCATION MAP III. ARCHITECTURAL SIGNIFICANCE IV. HISTORICAL SIGNIFICANCE V. STATEMENT OF SIGNIFICANCE VI. BIBLIOGRAPHY AND SOURCES VII. PHOTOGRAPHY Report prepared April, 1995 by Patricia Cayce, Historic Preservation Planner, City of De1ray Beach. Designation Report 85 S.E. 6th Avenue Page 3 I. GENERAL INFORMATION Location: 85 S.E. 6th Avenue, Delray Beach, Palm Beach County, Florida Date of Construction: 1907 Architect: Unknown Builder: Unknown Present Owner: Michael D. Bonchak 90 S.E. 5th Avenue #1 Delray Beach, FL 33483 Present Use: Single Family Residence Vacant Future Use: Commercial Present Zoning: Central Business District (CBD) Legal Description: Block 117, Lots 12, 13, and 14, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. Plat Book 1, Page 3 of the Records of Palm Beach County Classification for Designation: Architectural and historical. Designation Report 85 S.E. 6th Avenue Page 4 II. MAP , r--- ~ 1 _ - r- 1 - ___0 0 t- ;~ . 'z Z I t- 1< ~ -:::l :::l >- 'f <t - I--- 0 0 r DRIVI 1 0:: III III ..--. =:! - I--- I I I.U. 1 <:{ ,: - ~ f- IL , ~6 gjl---r-- I, s - ,~ ~ z r'" I ~ I--- r-- '-- Q::: I--- r-- r-- ...,..." / _~ w ~ "'.f. / 1ST Sl. f- ~ .i / t--~. -<::( ;;. ~ -- / -+ 0 ___0 .$ - / -I--Z~___Z_ / ~ ~~ -I--I- I - J . r-- _ / I ""'""""- 1...= u: . An.AN TIC VETERAN S _LJ : mrrm~DOJJnjf OJ] I 'LAZA p,"K j j I ATLAN1IC AVENUE I J 11 [[] DJIill [[]]] (ill I Ll I' WAlERWH EASl == r-- COIiIIllE.R Cl AI. - / CONDO = i- -_ -1 =/ - I--- ~ I - . <:{ = J - ~- I-- r.:: -/ ~ . -I--- L 1:<: - -LJ -WI-- r- BAR 0 / - - > ~IIE= (/) HARBOUR j - <( - J CONDO-- / - - - JJ -<::( I / 1S1 - - 1r 51. ") / III ' 0 , I 1 - U I I J f- ~ <:{ <( Ul l.D ~ 4. _ ~ u J Q::: ~ '" / ~ f- ::. - '" W < 1-; . 1'--- I/) - J - - , 'INGRAHAM 2ND 51. r om I I - ~= o iE _ , .., ~ - I- SEAGA n: ~ - m~s "" === , - - - ~ I ~ r- -~ 3RD sr. ~ II I II I II I ( . " " I I f ,:::':."'~: ~'::"""~" I B LAN K H 0 USE 1 . Designation Report 85 S.E. 6th Avenue Page 5 III. Architectural Siqnificance This house was constructed for Delray Beach pioneer John R. Blank and his family in 1907. It is a two story residence built in the early frame vernacular style. Overview of the Early Vernacular Style (1898-1915) Delray Beach's earliest structures were turn-of-the century frame or masonry buildings designed and built by local craftsmen. Materials generally had to be obtained from West Palm Beach or Miami, as the town did not have a building supply company until 1911. Early vernacular houses were plain. They were planned to provide protection and security. There was little emphasis on decoration. The City's inventory of early vernacular house are often reminiscent of northern farm houses, as the style and method of construction were consistent with what the pioneering families transferred to their new location. Some adaptation from their northern counterparts to Florida's climate can be found in large open porches, larger windows and roof overhangs, and masonry pier foundations rather than a basement. Typically, early vernacular houses were rectangular or square in plan. Roofs were gable or hip and the eaves extended out over the house walls to provide protection from the rain and sun. Rafter tails were exposed and without carving, knees braces, if used, were also plain and undecorated. Exteriors were covered in plank or simple horizontal clapboard, occasionally batten and board was used vertically on additions or outbuildings. Wood shingles in decorative shapes were sometimes used to compliment the simple clapboard. Shutters were usually batten & board and windows were double hung, some with a four over four pane configuration. Window surrounds and porch posts were plain. Major Features Rectangular or square plan Horizontal clapboard Open front porch with simple porch posts Plain window surrounds Batten and board shutters Double hung windows Foundation piers with ventilation Gable or hip roof with overhanging eaves. Designation Report 85 S.E. 6th Avenue Page 6 Subiect Property The house contains all of the classic early vernacular features. It is almost square in plan with a small ell on the south which may have been a later addition. The hip roof has overhanging eaves and exposed rafter tails. An open porch runs the length of the front facade on the second story and larger open porch wraps around the front and south facades on the first floor. It is of frame construction with a horizontal clapboard exterior finish. The windows are double hung and the window surrounds are plain. A secondary shed roof covers the front porch and is supported by ten simple posts. It is built on a masonry pier foundation with ventilation areas left open. IV. Historical Significance The John Rudolph Blank family came to Delray in 1903 from Bay City, Michigan, which makes them part of the early "Michigan Connection" as the settlers from the Saginaw area were called. They founded the first tropical plant nursery in the area and were successful in shipping palms and other tropical house plants north on the Florida East Coast Railroad. This was a period when palms and other exotics were in great demand for hotel lobbies and public spaces as well as for home decoration. The nursery was centered in the area of the Marina Historic District, which accounts for the many beautiful trees found within the district. The house has been in continuous ownership by the Blank family until it was sold to the present owner six months ago. Several family members still live in Delray Beach. V. Statement of Significance and Criteria for Designation Statement of SLgnificance This house is one of the best examples of the early vernacular style of architecture to be found in the City. It is in almost original condition and features all of the major physical elements typical of early vernacular construction. It is considered eligible for individual listing on the National Register of Historic Places. It was built by the pioneering Blank family who migrated to Delray in 1903 and were part of the core of successful settlers whose energy and resourcefulness helped the town to prosper. The house has been in continuous family ownership until it was sold six months ago. Additionally, while the date of construction is generally thought to be 1907, the City's Building Cards indicate that it was constructed in 1903. This date coincides with John Rudolph Blank's arrival in the area, additional research may more accurately confirm the date of construction. Designation Report 85 S.E. 6th Avenue Page 7 It is appropriate that this building be listed on the Local Register of Historic Places for it is worthy of the protection and special consideration afforded by that designation. Criteria for Designation Section 4.5.1(B) 'of the Land Development Regulations of the City of Delray Beach outlines the criteria for designating properties or sites to the Local Register of Historic Places. It suggests that at least one criteria from paragraphs (2) or (3) must be met to justify designation. Listed below are the criteria which relate to this property. (2) A building, structure, or site will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life or activities of a person important in the City (for example, the homestead of a local founding family). (3) "A building, structure, site of district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria." (a) "Portrays the environment in an era of history characterized by one or more distinctive architectural styles." (b) "Embodies those distinguishing characteristics of an architectural style period, or method of construction." This building is worthy of being designated to the Local Register of Historic Places. It more than fulfills the criteria for designation as set forth in Section 4.5.1(B), which requires that only one paragraph of the above criteria be met. Designation Report 85 S.E. 6th Avenue Page 8 VI. Bibliography and Sources Delray Beach Design Guidelines, Delray Beach Historic Preservation Board, 1990 Historic Preservation, A Design Guidelines Handbook, West Palm Beach Historic Preservation Board, 1992 Historical Structure Form, Florida Master Site File City Building Card records City Tax Records, 1912 and 1913 Viola Blank Henderson, oral history Delray Beach Historical Society Archives H. Haild Zeder, Information Form for Dates and Migration of Early settlers, 1895 - 1915 filely:blank . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i 10.E - MEETING OF JUNE 6. 1995 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 27-95 (DESIGNATION OF MONTEREY HOUSE AS A LOCAL HISTORIC SITE) DATE: MAY 30, 1995 This is second reading and public hearing for Ordinance No. 27-95 which designates the Monterey House located at 20 North Swinton Avenue as a local historic site and adds it to the Local Register of Historic Places. The property consists of a two story building which was constructed in 1939 as a single family residence in the Hillcrest Subdivision of West Palm Beach. It was designed by Palm Beach architect Belford Shumate and is an excellent example of the Monterey style of architecture. The Monterey House was relocated to Delray Beach in January, 1995. The purpose of designating the property is to formally acknowledge it as an addition to the inventory of historically contributing buildings within the Old School Square Historic District. The Historic Preservation Board conducted a public hearing on this matter on May 3, 1995, at which time the Board voted 5 to 0 to recommend the designation of the Monterey House as a local historic site. At first reading on May 16, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 27-95 on second and final reading. p~ S-O ref:agmemo18 ,-,~--~ ~-~-,-_.-._-.. -_..--.-_.' -~-_., -,-_.~--"" ..-._.~." --.'-""-"-' -~ ! ORDINANCE NO. 27-95 AN ORDIN~NCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE MONTEREY HOUSE, LOCATED AT 20 NORTH SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5. 1 of the Land Development Regulations i of the Code of Ordinances of the City of Delray Beach provides for the I designation and protection of historic sites; and : WHEREAS, the Delray Beach Community Redevelopment Agency has nominated the property described herein to be designated as a local historic site; and WHEREAS, a designation report was prepared concerning the designation of the property located at 20 North Swinton Avenue to the Local Register of Historic Places; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and WHEREAS, on May 3, 1995, the Historic Preservation Board of the City of Delray Beach recommended that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation : of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: THE MONTEREY HOUSE, located at 20 North Swinton Avenue, Delray Beach, Florida; more particularly described as follows: . -- .-.~..~,,--.- ~ - . ,. "~-'_..-.-.. ,-,~~,-,,,,.,_."--~'--'>- -.'~--',", . , ____~_____~,_.___~._..~~h.____ ",.,,~.~~-, ,. ....--.~.~- - . ~- ,..-...-.......".... .-.- .. I Lot 12, .Block 60, DELRAY BEACH (FORMERLY TOWN OF LINTON) , as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 3 . That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. 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 6th day of June , 1995. ATTEST: ~~ () LLirm '/l]iLh I f:12 1h4zy , I i City Cl rk ! First Reading May 16, 1995 i Second Reading June 6, 1995 - 2 - Ord. No. 27-95 RJdbtft.- C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER (~tY,:E.~ (\ ~ V\l ~~ f.:!:\Y 1 0 1995 THRU: ~DOMINGUEZ, DI ECTOR _, (',',; DEPARTMENT OF PLANNING D ZONING . c. / -_:'~. _ .._'_._.o:..:... '_. _';" ...-.;.J.~- .P~ FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF MAY 16, 1995 FIRST READING OF AN ORDINANCE DESIGNATING THE HISTORIC MONTEREY HOUSE, 20 N. SWINTON AVENUE, TO THE LOCAL REGISTER OF HISTORIC PLACES. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance designating a property as a local historic site. The property consists of two story building constructed in 1939 and located at 20 N. Swinton Avenue. The legal description of the property is Block 60, Lots 12. B A C K G R 0 U N D: The subject property was constructed as a single family residence in the Hillcrest subdivision of West Palm Beach. Determined by the County Department of Airports to be in the area of airport expansion, it was relocated to Delray Beach in January, 1995. Constructed in 1939 in the Monterey style, it was designed by prominent Palm Beach architect Belford Shumate. Before its relocation, it was considered eligible for individual listing in the National Register of Historic Places. Due to "relocation out of original context" it is no longer eligible for national designation. However, relocation does not preclude its listing in the Local Register of Historic Places. This building is an excellent example of the Monterey style of architecture and is worthy of designation. It has been sensitively restored and is a visual compliment to historic Swinton Avenue. The purpose of designating the property to the Local Register is to formally acknowledge it as an addition to the inventory of historically contributing buildings within the Old School Square Historic district. Designation will afford it the protection and special consideration provided to all historic properties within the historic district. The request for designation is being made by the Community Redevelopment Agency, owner of the property. City Commission Documentation Meeting of May 16, 1995 Designation of a Local Historic Building Page 2 The attached designation report provides a full analysis of the structure's historic significance. HISTORIC PRESERVATION BOARD CONSIDERATION: The Historic Preservation Board formally reviewed the designation report at its meeting of April 19, 1995 and made positive findings to LDR Section 4.5.1(B) (3) (a) (b) and ( c ) , Criteria for Desiqnation of Historic Sites or Districts, and set a date for a Public Hearing to allow the public to comment on the designation. Pursuant to Section 4.5.1(C) Designation Procedures, the Public Hearing was held on May 3, 1995. The Board voted 5-0 to recommend that the City Commission approve the ordinance designating the Historic Monterey House as a Local Historic Site. R E COM M NED E D ACT ION: By motion, approve on first reading the ordinance designating the Historic Monterey House, 20 N. Swinton Avenue (Block 60, Lot 12) to the Local Register of Historic Places. Attachment: * Designation report. file/y:cra-1 : DES I G N A T ION R E P 0 R T .HISTORIC PRESERVATION BOARD DELRAY BEACH, FLORIDA I ! . i I 'I HISTORIC MONTEREY HOUSE 20 NORTH SWINTON AVENUE CONSTRUCTED 1939 l. Designation Report 20 N.Swinton Avenue Page 2 DESIGNATION REPORT: 20 NORTH SWINTON AVENUE TABLE OF CONTENTS I. GENERAL INFORMATION II. LOCATION MAP III. BACKGROUND INFORMATION IV. ARCHITECTURAL INFORMATION V. STATEMENT OF SIGNIFICANCE VI. BIBLIOGRAPHY AND SOURCES VII. PHOTOGRAPHY Report prepared March, 1995 by Patricia Cayce, Historic Preservation Planner, City of Delray Beach. Designation Report 20 N.Swinton Avenue Page 3 I. GENERAL INFORMATION Location: 20 North Swinton Avenue, Delray Beach, Palm Beach County, Florida Date of Construction: 1939 Architect: Belford Shoumate Builder: Unknown Present Owner: Community Redevelopment Agency 24 N. Swinton Avenue, Delray Beach, FL 33444. Present Use: Vacant Future Use: Office of Historic Palm Beach County Preservation Board Present Zoning: Old School Square Historic Arts District (OSSHAD) Legal Description: Lot 12 of Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida Classification for Designation: Architectural significance. <( - i< i<c - I = ~I - --jl - ==/ - -} T IT ffEJ WI - N -- J W 2ND ST. .E. 2ND ST. - -- '"- ~ ~"--_ I ~ ~ - w"-- - '- Ie. :::> ~ 0 f- I~ f-- ~ Z W JO::- _~ Z ~ N_ ....J .,. ~ . rz I ,~ _ ~ W - JO:: 'Z (;Il'( . - HAll > J:;J _ 4: ILL I : N.E. 1ST ST. 'I ~ ~ I ~ z _ . OLD I _~ ~ SCHOOL - 1 Z SQUARE, Frm~~ I / TThlNIS = mTIllTlT11 S.ADIUM rTTT11l ] _ llillliLWJ LWJJJ , I I ATLANTIC AVENUE I [II POUCE SOUlH. DJIl rTTTl [[[[] [1]] I I II / rr ~~ DEPARTlnENT ti COUN'TY~, ~ ~ 1 L1- L- 4: ~ COURT I <( I r- ~ H~ ~ I ~ F= ,-., ~e- 11 7 ~ I r- ~I I-- I .L- I-- Q Z ~~ I I ~ lii _ "-- I^ <t == I-- ~ f'" _ I I f:;! 3f---- I-- ~ ..---j r 1ST ST. IJ"l S.E. 1ST......I 1 5.. := ~ 11 [!III IIII DIITIJ ~ ~ / = w I J I--- . IS ~ W en 1 I--- It' ui' . I I--- ~ I--- . I I >--- ~ , , N - HISTORIC MONTEREY HOUSE PlANNING OEPARTI.lENT Q"N OT lIaRA Y BEACH. Fl -- DIGtrAJ. 8ISC UAP SYSTEM -- Designation Report 20 N.Swinton Avenue Page 5 III. Backqround Information The subject property is one of two houses which has been relocated to the Old School Square Historic District. The purpose of designating the building to the Local Register of Historic Places ~s to formally acknowledge it as an addition to the inventory of historically contributing buildings within the Old School Square District .,. This house was constructed in 1939 in the Hillcrest subdivision of West Palm Beach. Its street address was 1031 Hillcrest Boulevard and the legal description was as follows: The West 37 1/2' of Lot 18 and the East 27 1/2 of Lot 17, Block 6, city of West Palm Beach, Palm Beach County, Florida. The neighborhood is bounded by Ridgewood Avenue, Parker Avenue, Locust Avenue and Interstate 95. In 1987 the county Department of Airports announced that it would begin a buy-out of houses in the Hillcrest subdivision that were in the flight path of the jets arriving and departing from nearby Palm Beach International Airport. Approximately 360 houses would be purchased and demolished over a four to five year period at a cost of about $30 million. Many of the residents concerned about the future of their architecturally significant buildings questioned what could be done to protect them. The Historic Preservation Planner for the City of West Palm Beach found, in a preliminary study, that many of the houses were architecturally significant and notified the Historic Palm Beach County Preservation Board. The HPBCPB, in turn, notified the State Historic Preservation Officer who informed the Federal Advisory Council on Historic Preservation of the situation. The Council, through Section 106 of the National Historic Preservation Act of 1966, has jurisdiction over use of federal funds when it is likely that there will be an adverse effect on cultural resources. Further research and survey work documented 30 properties which were considered eligible for individual listing in the National Register of Historic Places and an additional 28 properties were considered contributing to an historic district. Two plans were considered for the Hillcrest neighborhood. Plan A was to create an historic district for the 58 houses and rezone the property from residential to commercial or alternate use. The rezoning would allow sensitive adaptive reuse of the properties for other than residential purposes. The second plan, Plan B, was to provide a relocation plan through creative marketing, the houses were to be given away along with a cash benefit equal to the cost of demolition; a documentation plan; and if necessary a demolition plan. Ultimately, Plan B was found to be in compliance with Section 106 of the National Preservation Act and was adopted by the Airport Authority and the City of West Palm Beach. At present approximately 18 of the 58 architecturally significant houses have been relocated. . Designation Report 20 N.Swinton Avenue Page 6 In 1993 the Community Redevelopment Agency (CRA) entered into negotiations with the Airport Authority to relocate two of the historic houses to a vacant parcel on Block 60 as part of their redevelopment project for that block. With the relocation agreement in place, the houses began their historic journey south in January, 1994. Logistically it was an interesting relocation project. The houses were moved by truck to a point of access on. the Intracoastal Waterway and barged south to the City's Knowles Park. From Knowles Park they were taken by truck to a temporary site at the northwest corner of s.w. 1st Street and s.w. 1st Avenue. The houses were left on their moving skids and a temporary fence was erected to protect them from vandalism. In June, 1994 the houses were moved to their permanent location on the west side of North Swinton Avenue in the Old School Square Historic district. The City is currently planning to purchase the Monterey house from the CRA. The City will then enter into a long term lease with the Historic Palm Beach County Preservation Board who will use the building as their permanent headquarters. IV. Architectural Information This house was designed in the Monterey style by prominent Palm Beach architect, Belford Shoumate in 1939. Fortunately, Mr. Shoumate's original plans for the house have survived and are added to this designation report. Overview of the Monterey Style The Monterey style has its origins in the Spanish colonial architecture of early California. As a revival style it was largely forgotten until several noted California architects began designing in the style during the early 1930s. Being highly suited to moderate and tropical climates, in the days before air conditioning, it quickly became popular in South Florida. Two story Monterey houses are generally rectangular in form and usually have a gable roof running the length of the building. Often an extending ell bay is at one end of the front facade and is topped by an opposing gable roof. The exterior walls are generally framed in wood clapboards but may have masonry or brick walls on the first floor. A distinctive feature of the style is a front balcony which runs the length of the second story. Usually French doors open out to the balcony. Front entrances are generally simple and located under the overhanging balcony. Rafter tails and the cantilevered balcony supports are exposed and are often carved at the ends. - Designation Report 20 N.Swinton Avenue Page 7 Subiect Property This building was one of the 30 properties in the Hillcrest Neighborhood survey considered eligible for individual listing in the National Register of Historic Places. It is an excellent example of the style and presents all of the defining features of a Monterey building. With its clapboard siding, front second story balcony, horizontal gable and exposed rafter tails and simple entrance, it is true to the style. An interesting feature is the original one story portion of the front facade with a bay window and secondary gable roof running parallel to the primary roof. Originally the structure was rectangular in form, an addition to the rear of the building was added to adapt the building for use as the headquarters for the HPBCPD. This sensitive addition was granted a Certificate of Appropriateness by the Delray Beach Historic Preservation Board. It provides space for a display gallery, handicapped access to the building, handicapped rest room facilities and an exterior stairway to the second floor. Information about the Architect. Palm Beach architect Belford Shoumate AlA (1903-1991) was a graduate of the University of Pennsylvania School of Architecture. He first started practice in New York City in the office of Joseph Urban, Urban was the architect who designed Mar-A-Largo. Shoumate's first commission in South Florida was in 1937 when he designed a home at 1221 N. Lake Way in Palm Beach. Built in the Art Moderne style it was named "The House of the Future" at the 1939 New York Word's Fair. Mr. Shoumate was in active practice in Palm Beach for over 50 years and during that time he designed over 1,500 buildings in South Florida. v. Statement of Siqnificance and Criteria for Desiqnation Statement of Siqnificance This house is an excellent example of the Monterey style of architecture which was popular throughout South Florida during the 1930s and 40s. It was designed by one of Palm Beach County's most renowned and prolific architects. In its original location it was considered eligible for listing in the National Register of Historic Places. In its present location it is an asset to the built inventory of historic structures in the Old School Square Historic District. It is a visual compliment to an important historic corner and serves as a constant reminder that beautiful buildings do not have to suffer the fate of demolition, but can indeed, with imagination and ingenuity, be useful to a community. '. . Designation Report 20 N.Swinton Avenue Page 8 Designation of the property will preserve, protect and recognize a distinctive architectural style, as well as the distinguishing characteristics of craftsmanship, design and detail unique to the Monterey style, which was prevalent throughout South Florida during the 1930s and 40s. Criteria for Designation Section 4.5.1(B) of the Land Development Regulations of the City of Delray Beach outlines the criteria for designating properties or sites to the Local Register of Historic Places. It suggests that at least one criteria from paragraphs (2) or (3) must be met to justify designation. Listed below are the criteria which relate to this property. (3 ) "A building, structure, site of district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria." (a) "Portrays the environment in an era of history characterized by one or more distinctive architectural styles. " (b) "Embodies those distinguishing characteristics of an architectural style period, or method of construction." (c) "Is an historic or outstanding work of a prominent architect." This building is worthy of being designated to the Local Register of Historic Places. It more than fulfills the criteria for designation as set forth in Section 4.5.1{B), which requires that only one criteria of the above be met. , . Designation Report 20 N.Swinton Avenue Page 9 VI. Bibliography and Sources Delray Beach Desiqn Guidelines, Delray Beach Historic Preservation Board, 1990 Historic Preservation, A Design Guidelines Handbook, West Palm Beach Historic Preservation Board, 1992 Architect Leaves Imprint on South Florida Landscape," Palm Beach Daily News, August 22 through 28, 1988, p. B9 National Register Nomination Report, EI Cid Historic District, West Palm Beach, FL, Prepared by Beth Miller, 1994. Historic Palm Beach County Preservation Board, Quarterly Newsletter, Vol 4-No 1, Summer 1989. John P. Johnson Preservation Foundation of Palm Beach, Belford Shoumate's original plans. Palm Beach County, Facilities Planning, Architectural Division, Plans for Project No. 91240-19. file!y:house M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER b71 SUBJECT: AGENDA ITEM i /O'~'- MEETING OF JUNE 6. 1995 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 28-95 (DESIGNATION OF THE HISTORIC BUNGALOW AS A LOCAL HISTORIC SITE) DATE: MAY 30, 1995 This is second reading and public hearing for Ordinance No. 28-95 which designates the Historic Bungalow located at 24 North Swinton Avenue as a local historic site and adds it to the Local Register of Historic Places. The property consists of a one story building which was constructed in 1925 as a single family residence in the Hillcrest Subdivision of West Palm Beach. It was built by West Palm Beach contractor W. P. Smith and is a classic example of the Bungalow style of architecture. The Historic Bungalow was relocated to Delray Beach in January 1 1995. The purpose of designating the property is to formally acknowledge it as an addition to the inventory of historically contributing buildings within the Old School Square Historic District. The Historic Preservation Board conducted a public hearing on this matter on May 3, 1995, at which time the Board voted 5 to 0 to recommend the designation of the Historic Bungalow as a local historic site. At first reading on May 16, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 28-95 on second and final reading. p~ 5-0 ref:agmemo19 I _._._... .______.,.______._____,_,_._.._ .O'.. ee ..e__._ .e__.e._.____ ___.. ... e__' _______. ._----, I ORDINANCE NO. 28-95 I I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE HISTORIC BUNGALOW, LOCATED AT 24 NORTH SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE IIZONING MAP OF DELRAY BEACH, FLORIDA, 199411 TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, the Delray Beach Community Redevelopment Agency has nominated the property described herein to be designated as a local historic site; and WHEREAS, a designation report was prepared concerning the designation of the property located at 24 North Swinton Avenue to the Local Register of Historic Places; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and WHEREAS, on May 3, 1995, the Historic Preservation Board of the City of Delray Beach recommended that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: i THE HISTORIC BUNGALOW, located at 24 North Swinton Avenue, Delray Beach, Florida; more particularly described as follows: . ..- --_...,-- .- -. ~, .-... .'-->,'-.-""'- -' -.-.,.._~.~..'~ _.-- -'.,--...-'.,.,,-.--'''--.. ~_._,~ .._~____'_..'N"'_~. ~_'_'''.''_M..._,.. -'^- - .. ..----T I The South 50 feet of Lot 11, Block 60, DELRAY BEACH I i' I I (FORMERLY TOWN OF LINTON), as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, I Florida. i I Section 2. That the Planning Director of said City shall, I I upon the effective date of this ordinance, amend the Zoning Map of the ! City of Delray Beach, Florida, to show the historic designation, in an overlay manner. i I , Section 3. That all ordinances or parts of ordinances in I conflict herewith be, and the same are hereby repealed. I , , I Section 4. That should section provision of this I any or ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That 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 6th day of June , 1995. ATTEST: 9i?~ (] j, Mn ~ Jilt r 1Ia.l-Ay ity Cle First Reading Ma y 16, 1995 Second Reading June 6, 1995 ! ! i I I - 2 - Ord. No. 28-95 ~It C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HA DEN, CITY MANAGER ,,'-- ... "...~ ~ ' f--~ r~:. C~, ~:. \ \l i;:. THRU: D E DOMING 'DI~ . " 1'\ '0(;5 DEPARTMENT OF PLANN AN ZONING h1 !>. ~ ;-~~ l,' Pa&-~ , " ...:. ~' FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF MAY 16, 1995 FIRST READING OF AN ORDINANCE DESIGNATING THE HISTORIC BUNGALOW, 24 N. SWINTON AVENUE, TO THE LOCAL REGISTER OF HISTORIC PLACES. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance designating a property as a local historic site. The property consists of one story building constructed in 1925 and located at 24 N. Swinton Avenue. The legal description of the property is Block 60, the South 50' of Lot 11. B A C K G R 0 U N D: The subject property was constructed as a single family residence in the Hillcrest subdivision of West Palm Beach. Determined by the County Department of Airports to be in the area of airport expansion, it was relocated to Delray Beach in January, 1995. The house was built in 1925 in the classic Bungalow style by Wes t Palm Beach contractor, W.P. Smith. The architect is unknown. Before its relocation, it was considered eligible for individual listing in the National Register of Historic Places. Due to "relocation out of original context" it is no longer eligible for the national designation. However, relocation does not prec I ude its listing in the Local Register of Historic Places. This is a classic example of the Bungalow style of architecture and is worthy of designation. It has been sensitively restored and is a visual compliment to historic Swinton Avenue. The purpose of designating the property to the Local Register is to formally acknowledge it as an addition to the inventory of historically contributing buildings within the Old School Square Historic District. Designation will afford it the protection and special consideration provided to all historic properties within the historic district. City Commission Documentation Meeting of May 16, 1995 Designation of a Local Historic Building Page 2 The request for designation is being made by the Community Redevelopment Agency, owner of the property. The attached designation report provides a full analysis of the structure's historic significance. HISTORIC PRESERVATION BOARD CONSIDERATION: The Historic Preservation Board formally reviewed the designation report at its meeting of April 19, 1995 and made positive findings to LDR Section 4.5.1(B) (3) (a) and (b) , Criteria for Desiqnation of Historic Sites or Districts, and set a date for a Public Hearing to allow the public to comment on the designation. Pursuant to Section 4.5.1(C) Desiqnation Procedures, the Public Hearing was held on May 3, 1995. The Board voted 5-0 to recommend that the City Commission approve the ordinance designating the Historic Bungalow as a Local Historic Site. R E COM M NED E D ACT ION: By motion, approve on first reading the ordinance designating the Historic Bungalow, 24 N. Swinton Avenue (Block 60, the South 50' of Lot 11) to the Local Register of Historic Places. Attachment: * Designation report. file/y:cra-2 .. J ~ , .> DES I G N A T ION R E P 0 R T .HISTORIC PRESERVATION BOARD DELRAY BEACH, FLORIDA i I I ! HISTORIC BUNGALOW 24 NORTH SWINTON AVENUE CONSTRUCTED 1925 Designation Report 24 N. Swinton Avenue Page 2 DESIGNATION REPORT: 24 NORTH SWINTON AVENUE TABLE OF CONTENTS I. GENERAL INFORMATION II. LOCATION MAP III. BACKGROUND INFORMATION IV. ARCHITECTURAL INFORMATION V. STATEMENT ,OF SIGNIFICANCE VI. BIBLIOGRAPHY AND SOURCES VII. PHOTOGRAPHY Report prepared April, 1995 by Patricia Cayce, Historic Preservation Planner, City of Delray Beach. Designation Report 24 N. Swinton Avenue Page 3 r. GENERAL INFORMATION Location: 24 North Swinton Avenue, Delray Beach, Palm Beach County, Florida Date of Construction: 1925 Architect: Unknown Builder: W.P. Smith, West Palm Beach, FL Present Owner: Community Redevelopment Agency 24 N. Swinton Avenue, Delray Beach, FL 33444. Present Use: Office of the Community Redevelopment Agency. Present Zoning: Old School Square Historic Arts District (OSSHAD) Legal Description: South 50' of Lot 11 of Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida Classification for Designation: Architectural significance. ~ - ~ C{ <c I I - - - - - Cl I 0::: - l") ~ J - - - - Blj - - I T - - I - - == J -2ND - - 2ND 51. ll.E. 51. - J..... - - ,- i I- l:'./ VI i/, ;:= w ::J 0 I- j;. Z VI 2 lJ. J~ ~ ~ N V ;: '", - W JQ i. erN > ., - HAU k - <{ j4 I~ - - J J N.E. lS"r S1. - W u.i o.! J I s: 10- OLD J f-~ ~ SCHOOL J z SQUARE ---f~ - I I = TENNIS J II II STADIUM DID [[ill] /1 J "- ATLANTIC A V E N U E I ill ~DJIJffi] DJIIDJIJIDJ I I , I r- POUCE SOUTH ~ ~ CC~ARTliIENT COUNTY J 1= COURT ~ <( <( J I == HOUSE Z I c= I- 1== VI / I I t:= 0 ~ == ~ I-- I-- ~ I- == >-- ~ == 0 z - J z l- e:( == == N VI - - In == ~ 3: - J = ~J v lsr ST. (f) S.E. 151 51. '""- [IIJIIl[ DJTIlJ - ____:I: I I 0 // l- v Z - N - J - ~ u.i J ~ I~ ui - ui I - - ! I ;: N - HISTORIC BUNGALOW PlANNINC DEPAR'IIlEHl O'l'l' or llELRAY B(A~. Fl -- OIGlTAI. BASe UAP SYS7fM -- Designation Report 24 N. swinton Avenue Page 5 III. Backqround Information The subject property is one of two houses which has been relocated to the Old School Square Historic District. The purpose of designating the building to the Local Register of Historic Places is to formally acknowledge it as an addition to the inventory of historically contributing buildings within the Old School Square District. This house was constructed in 1925 in the Hillcrest subdivision of West Palm Beach. Its street address was 930 Belmont Place and the legal description was as follows: Block 5, Lot 5, Hillcrest Subdivision, City of West Palm Beach, Palm Beach County, Florida. The neighborhood is bounded by Ridgewood Avenue, Parker Avenue, Locust Avenue and Interstate 95. In 1987 the county Department of Airports announced that it would begin a buy-out of houses in the Hillcrest subdivision that were in the flight path of the jets arriving and departing from nearby Palm Beach International Airport. Approximately 360 houses would be purchased and demolished over a four to five year period at a cost of about $30 million. Many of the residents concerned about the future of their architecturally significant buildings questioned what could be done to protect them. The Historic Preservation Planner for the City of West Palm Beach found, in a preliminary study, that many of the houses were architecturally significant and notified the Historic Palm Beach County Preservation Board. The HPBCPB, in turn, notified the State Historic Preservation Officer who informed the Federal Advisory Council on Historic Preservation of the situation. The Council, through Section 106 of the National Historic Preservation Act of 1966, has jurisdiction over use of federal funds when it is likely that there will be an adverse effect on cultural resources. Further research and survey work documented 30 properties which were considered eligible for individual listing in the National Register of Historic Places and an additional 28 properties were considered contributing to an historic district. Two plans were considered for the Hillcrest neighborhood. Plan A was to create an historic district for the 58 houses and rezone the property from residential to commercial or alternate use. The rezoning would allow sensitive adaptive reuse of the properties for other than residential purposes. The second plan, Plan B, was to provide a relocation plan through creative marketing, the houses were to be given away along wi th a cash benefit equal to the cost of demolition; a documentation plan; and if necessary a demolition plan. Ultimately, Plan B was found to be in compliance with Section 106 of the National Preservation Act and was adopted by the Airport Authority and the City of West Palm Beach. At present approximately 18 of the 58 architecturally significant houses have been relocated. Designation Report 24 N. Swinton Avenue Page 6 In 1993 the Community Redevelopment Agency (CRA) entered into negotiations with the Airport Authority to relocate two of the historic houses to a vacant parcel on Block 60 as part of their redevelopment project for that block. with the relocation agreement in place, the houses began their historic journey south in January, 1994. Logistically it was an interesting relocation project. The houses were moved by truck to a point of access on the Intracoastal Waterway and barged south to the City's Knowles Park. From Knowles Park they were taken by truck to a temporary site at the northwest corner of S.W. 1st Street and S.W. 1st Avenue. The houses were left on their moving skids and a temporary fence was erected to protect them from vandalism. In June, 1994 the houses were moved to their permanent location on the west side of North Swinton Avenue in the Old School Square Historic district. The historic bungalow serves as the office and headquarters for the Community Redevelopment Agency. IV. Architectural Information This house was built in 1925 in the bungalow style, by West Palm Beach contractor, W.P. Smith. The architect is unknown. Overview of the Bunqalow Style The bungalow style became popular in South Florida during the 1920s building boom. Many of these homes were built from pre-designed plans purchased from publications such as the Home Owners Service Institute catalog and the AlA sponsored Architects Small House Service Bureau, or from local lumber companies. But whether designed by an architect, or constructed by local builders from pre-designed plans, they all share the basic design elements of the bungalow. Walls: Horizontal wood or stucco exterior facing. Roof: Low pitched gable roof with the ridge either perpendicular or parallel to the street; often with multiple gables. If the primary ridge is perpendicular to the street, the front porch is usually roofed with a separate offset gable. Roofs often have exposed rafter tails. Porch: Porches are prominent. They are usually deep and extend the full width of the facade. The porch roof is supported by oversized and prominent piers. The design of the pier supports is usually unique to the house and varies depending on the creativity of the builder. Windows: Double hung or casement, multi-paned and arranged for cross ventilation . Designation Report 24 N. Swinton Avenue Page 7 Plan: Usually rectangular and often modest in scale. Subject Property This building was one of the 30 properties in the Hillcrest survey considered eligible for individual listing in the National Register of Historic Places. The house contains all of the classic bungalow features. It is rectangular in plan with 'a main gable roof parallel to the house. It is of frame construction with an exterior stucco finish. A small bay on the south facade has an opposing gable roo f . All of the rafter tails are exposed and decorative knee braces support the roof. A secondary gable roof covers the front porch and is supported by two traditional massive stone piers which form a part of the porch wall. The piers are interrupted in the top quarter by a cap molding, above the cap the piers are stuccoed and taper gradually to the porch's upper wall. The piers and the large chimney are constructed of irregular stone with exaggerated mortared joints. Wood casement windows with a four over one pane configurations are original to the building. The conversion from residential to office use required virtually no alteration to the exterior of the building, with the exception of replacing the front porch screen with fixed glass panes. The Historic Preservation Board granted a Certificate of Appropriateness for this minor alteration in order to facilitate the adaptive reuse of the building. v. Statement of Siqnificance and Criteria for Designation Statement of Siqnificance This house is an excellent example of the bungalow style of architecture which was popular throughout South Florida during the 1920s and 30s. It features all of the major physical elements typical of bungalow construction. In its original location it was considered eligible for listing in the National Register of Historic Places. In its present location it is an asset to the built inventory of historic structures in the Old School Square Historic District. It is a visual compliment to an historic street and serves as a constant reminder that beautiful buildings do not have to suffer the fate of demolition, but can indeed, with imagination and ingenuity, be useful to a community. It is appropriate that this building be listed on the Local Register of Historic Places for it is worthy of the protection and special consideration afforded by that designation. . Designation Report 24 N. Swinton Avenue Page 8 Criteria for Desiqnation Section 4.5.1(B) of the Land Development Regulations of the City of De1ray Beach outlines the criteria for designating properties or sites to the Local Register of Historic Places. It suggests that at least one criteria from paragraphs ( 2 ) or ( 3 ) must be met to justify designation. Listed below are the criteria which relate to this property and justification for designation. ( 3 ) "A building, structure, site of district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria." (a) "Portrays the environment in an era of history characterized by one or more distinctive architectural styles. " (b) "Embodies those distinguishing characteristics of an architectural style period, or method of construction." This building is worthy of being designated to the Local Register of Historic Places. It more than fulfills the criteria for designation as set forth in Section 4.5.1(B), which requires that only one criteria of the above be met. Designation Report 24 N. Swinton Avenue Page 9 VI. Biblioqraphy and Sources Delray Beach Desiqn Guidelines, Delray Beach Historic Preservation Board, 1990 Historic Preservation, A Design Guidelines Handbook, West Palm Beach Historic Preservation Board, 1992 Historic Palm Beach County Preservation Board, Quarterly Newsletter, Vol 4-No 1, Summer 1989. John P. Johnson Historical Structure Form, Florida Master Site File, Site 8PB00907 Palm Beach County, Facilities Planning, Architectural Division, Plans for Project No. 91240-31 file/y:house-2 . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM tt /:J. .A . - MEETING OF JUNE 6. 1995 FIRST READING FOR ORDINANCE NO. 29-95 (ANNEXATION. INITIAL ZONING AND SMALL SCALE FUTURE LAND USE MAP AMENDMENT/CARUSILLO AND EVANS PROPERTY) DATE: JUNE 1, 1995 This is first reading for Ordinance No. 29-95 which annexes a 4.17 acre parcel of land located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue. The property is vacant and is bounded on the south and west by the Country Club Acres single family subdivision. The ordinance establishes initial zoning of POC (Planned Office Center) District, and also provides fora small scale land use plan amendment to change from the County's designation of HR-8 (High Density Residential - 8 units/acre) to an official City designation of Transitional. The property is located within the City's Planning Area (Future Annexation Area) and is proposed for annexation by voluntary petition of the owners. Please refer to the staff report for further analysis. The Planning and Zoning Board considered this matter at public hearing on May 15, 1995. While not opposed to the annexation, the Board felt that the office zoning was not appropriate at this located and voted 6 to 0 to recommend that the requests be denied. Ion Inasmuch as this is a quasi-judicial matter, staff recommends passage of Ordinance No. 29-95 on first reading to allow for the formal public hearing which will be scheduled for June 20, 1995. p~ 5/0 ref:agmemo9 . -- -.. I I ORDINANCE NO. 29-95 I i I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I DELRAY BE-ACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY i I BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF i MILI';['ARY TRAIL, APPROXIMATELY 1,400 FEET SOUTH OF ! ATLANTIC AVENUE, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LANDi PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLANi ELECTING TO PROCEED UNDER THE I SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND I USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO POC (PLANNED OFFICE CENTER) DISTRICT; PROVIDING A I GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Louis J. Carusillo and Harold R. Evans are the I fee-simple owners of a 4.17 acre vacant parcel of land located on the I west side of Military Trail, approximately 1,400 feet south of I Atlantic Avenue; and I WHEREAS, Burl Gentry, as duly authorized agent for the fee-simple owners, has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and I WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the i I Florida Statutes; and I i WHEREAS, the subject property hereinafter described is ! presently under the jurisdiction of Palm Beach County, Florida, having I a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is Transitional; and WHEREAS, the City's Future Land Use Map designation of Transitional is consistent with the County FLUM designation of HR-8 (High Density Residential - 8 units/acre) for the property hereinafter described; and _.- WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amend~d, are deemed to be advisory only until an official Land Use Amendment"is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LOR Section 2.2.2(6), the Planning and i Zoning Board held a public hearing and considered the subject matter i at its meeting of May 15, 1995, and voted 6 to 0 to recommend that the I requests be denied; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the requests are not inconsistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE i CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The East One-Half (E 1/2) of the Northeast One-Quarter (NE 1/4) of the Northeast One-Quarter (NE 1/4) of the Northeast One-Quarter (NE 1/4) of Section ~ 23, Township 46 South, Range 42 East, Palm Beach County, Florida, LESS the East 65.00 feet, more or less, of said Section 23, for State Road right-of-way purposes as shown on the State Road Department Right-of-Way Map Section No. 93590-2601 for Military Trail (State Road 809) as recorded in Road Plat Book 2, Page 225, of the Public Records of Palm Beach County, Florida, and subject to the claims of the Lake Worth Drainage District based on the Chancery Case No. 407 of 1915, being the North 66.00 feet of the above described property, as now laid out, and more particularly described as follows: Commencing at the Northeast corner of said Section 23; thence run S 89 degrees 12' 59" W, a distance of 63.58 feet to the point of beginning, also being a point on a curve and a point on the westerly right-of-way of Military Trail (State Road 809)i - 2 - Ord. No. 29-95 ---_..- --- thence run along said right-of-way line and the arc of a curve to the left, said curve having a central angle of 0 degrees 43 ' 4011, a radius of 17,238.80 feet, an-arc distance of 218.97 feet, a chord bearing of S 1 degree 05' 5211 E and a chord of 218.97 to a point of tangent; thence run S 1 degree 27' 4211 E, along said right-of-way line, a distance of 453.67 feet to a point; thence run S 89 degrees 00' 5911 W, along the north line of Plat No. 3 , Country Club Acres, a subdivision as recorded in Plat Book 24, Page 32 of the Public Records of Palm Beach County, Florida, a distance of 269.73 feet to a point; thence run N 1 degree 28' 3111 W, along the east line of Plat No. 4, Country Club Acres, a subdivision as recorded in Plat Book 24, Page 35 of the Public Records of Palm Beach County, Florida, a distance of 673.60 feet to a point on the North line of said Section 23; thence run N 89 degrees 12 ' 5911 E, along said North line a distance of 271.29 feet to the point of beginning. The subject property is located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue; containing 4.17 acres, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as Transitional. - 3 - Ord. No. 29-95 . - --~-- -- , Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florid~ Statutes Section 163.3187(1)(c)4. Section 7. That ,Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District POC (Planned Office Center) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 10. That this ordinance shall become effective as follows: As to the annexation and zoning, immediately upon passage on second and final reading; as to the small scale land use plan amendment, the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 29-95 . I.J t l ../" -l ~. ,.... PC n I I \ WE.51 ATLANilC AVENUE PC C l l ( Ie ~ Nl ~. .~ -.... ~~ - f-- - ~ - 1'\ ~ - '"' fOp..fO ~~ J :.,; P4 ~ --- - '. ,. . .r. J#~ r-GC ~ I~- .. . . t - f-, - . ~i: i.. - ~ I - - - ~ .. .lD'FnSON ROAD Z - ,;, ~' ~ - ;:=:~ '& ;': '", ..J - - )~ ... :r II: - - ...... . .' ~ - - - - r', lL lJNCOl.H ROAD - - ; I J 1 =:1- ~ ;.". ,. r-- CUI AI. ~ I mAns DRl~ ~ r \ "'0AA0tS ROAD a II: ..J r- --t ~ - < o~~ ~ . =/"~ WASHIlIlTlOlI ROAD 0::: l- I ~"\ _ - 0 ~ .1 _ \- f-~- IIAIlISOII i ROAD >- .. . ... ,...~ f-- - ~ ~ OSR:: :: < - I- ~~< ' I~ - - LNCE 8OUl.EVARO -' I I H; : CIJ ~ ~~~~ I I a G:: ;; 0 t-..~ ~i~ W ~ t~'::"~. r I 0: -~ :s - ; M ~ I F- ~ < - l ~~~ I t-f I , I I I I I I I t . N - - CARUSILLO & EVANS PROPERTY P'\N&I&lC D(PAIrTWUfT OrY or llElAA \' 8tAOi, Fl. -- OQf~ &l.SE" IUJ' SYnOI -- "::\ \ CITY COMMISSION DOCUMENTATION TO: ~HA~~TY MANAGER THRU: DIA E D6r&I'N UEZ, DI~~ DEPARTMENT OF PLANNING AND ZONING ~...... :.-rw~ (A,-t.~tl" FROM: JEFFRt-t A/COSTELLO, SENIOR PLANNER SUBJECT: MEETING OF JUNE 6, 1995 ANNEXATION. SMALL SCALE LAND USE MAP AMENDMENT FROM COUNTY HR-8 (HIGH DENSITY RESIDENTIAL - 8 DUlAC) TO CITY TRANSITIONAL. AND INITIAL ZONING OF POC (PLANNED OFFICE CENTER) FOR A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL. APPROXIMA TEL Y 1.400 FEET SOUTH OF ATLANTIC AVENUE (CARUSILLO AND EVANS PROPERTY). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first readina of an ordinance annexing a 4.17 acre parcel of land, changing the Future Land Use designation from County HR-8 to City Transitional, and applying an initial zoning designation of POC (Planned Office Center). The subject property is located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue. BACKGROUND: The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zone designation. The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property is vacant with the exception of a billboard located at the southeast corner of the parcel. No land use history is available on this property. The subject property is a 4.17 acre vacant parcel having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City Transitional, and apply an initial zoning designation of POC (Planned Office Center). Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. .--~. City Commission Documentation Meeting June 6, 1995 Annexation, Future Land Use Map Amendment with Initial zoning of POC (Planned Office Center) Page 2 PLANNING AND ZONING BOARD CONSIDERATION: * At its meeting of May 15, 1995, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was public testimony from the adjacent ~ommunity (Country Club Acres) in opposition to the annexation, land use map amendment and zoning. While the Board did not have a particular problem with the annexation, they felt that the office zoning was not appropriate at this location. The Board voted 6-0 (Schwartz absent) to recommend that the requests be denied. RECOMMENDED ACTION: As this is a quasi-judicial matter, recommend approval on first reading to allow for a formal public hearing on June 20, 1995. Attachment: * P & Z Staff Report and Documentation of May 15, 1995 * Copy of Ordinance No. -95 T:CCEVANS.DOC . P.LANNING AND ZON.ING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: May IS, 1995 AGENDA ITEM: V.F. & G. ITEM: Annexation, Initial Zoning of POC, and Small Scale Future Land Use Map Amendment from County HR-B to City Transitional for the Carusillo & Evans Property. GENERAL.DATA: ~-_.. -- . Owners............................................................. louis J. Carusillo and Harold R. Evans Contract Purchaser........................................... Charles M. Neviaser - ~t---{ Agent........ ........ ............ ..... .............................. Burl Gentry ~~"'~ ~~ Gentry Engineering and ~~~ ? land Surveying, Inc. ~ location..................................... ....................... West side of Military Trail, approximately 1,400 feet south of Atlantic Avenue. Property Size.................................................... 4.17 Acres Existing County land Use Map Designation........................................ HR-8 (High Density Residential - 8 units/acre) Proposed City land Use Map Designation........................................ Transitional Existing County Zoning Designation...... ..... ........... ................................ AR (Agricultural Residential) Proposed City Zoning Designation...................................................... POC (Planned Office Center) Adjacent Zoning......................................North: County AR East: City R-1-A (Single Family Residential) South: County MR-5 (Medium Density Residential - 5 units/acre) West County MR-5 Existing land Use........................................:.... Vacant land with a billboard on the southeast portion of the property. Proposed land Use.......................................... Office development. Water Service.................................................... Available via connection to the existing 12" water main along the east side of Military Trail. Sewer Service...........................................7.... Available via installation of a lift station and connection to the existing 4" force main along the west side of Military Trail. """"' V.F. & G. I T E M B E F' 0 R E THE BOA R D: The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small Scale Future Land Use Map amendment from County HR-8 (High Density Residential - 8 units per acre) to City Transitional with initial zoning of POC (Planned Office Center). LDR Sections 2.4.5 (A) , (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on the west side of Military Trail, approximately 1,400 feet south of . Atlantic Avenue. B A C K G R 0 U N D: The subject property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zone designation. The property is also located within the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time. The property is vacant with the exception of a billboard located at the southeast corner of the parcel. No land use history is available on this property. PRO J E C T DES C RIP T ION: The subject property is a 4.17 acre vacant parcel having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City Transitional, and apply an initial zoning designation of POC (Planned Office Center). LAN D USE MAP AMENDMENT A N A L Y S I S . . Current Land Use Designations: The current County land use map designation for the property is County HR-8 (High Density Residential - 8 du/ac). The current City "advisory"- designation for this property is Transitional. Requested Land Use Designation: The requested Future Land Use Map change is to City Transitional. Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small Scale Development pursuant to Florida Statues 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency.- of consideration of amendments (twice a year) , subject to the following conditions: . P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 2 * The amendment does not exceed either 10 acres of nonresidential land, singularly or in combination with residential use, or 10 acres of residential land with a density of 10 units per acre or less; * The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, * The proposed amendment does not involve the same property owner's property within a 200 feet of property granted a change within a period of 12 months. The land use map amendment involves a 4.17 acre area, thus theO total area is less than the 10 acre maximum. The proposed amendment to Transitional is being processed concurrently with a request for annexation and initial zoning of POC (Planned Office Center) to accommodate an office development. The Transitional land use designation allows consistent zoning districts which include commercial and office development, as well as single family to medium density residential development. This amendment along with other small scale amendments processed this year will not exceed 60 acres. This property has not previously been considered for a land use amendment nor have any of the same property owner's properties been granted a land use change within 200 feet or within the last year. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.I(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 accompanying annexation and initial zoning application is seeking a POC (Planned Office Center) zoning district. The proposed use (office development) is allowed as a permitted use within the POC zoning district. The Transitional land use designation is consistent with the proposed .POC zoning designation. Consistency between the City and County Land Use Designations: The proposed City Future Land Use Map designation for the property is Transitional. The existing County Land Use designation for the property is HR-B (High Density Residential - B units per acre) . The City's T~ansitional Land Use designation is consistent with the County's HR-8 designation in that Medium Density Residential zoning is allowed and is consistent with the Transitional land use designation 0 However, the Transitional land use designation allows more intense development such as P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 3 Neighborhood Commercial, Planned Office Center, Professional and Office Development. The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Land Use Amendment is processed. Adjacent Land Use Map Designations, Zoning Designations & Land Uses: North: North of the subject property, across the L-34 Canal, has Palm Beach County land use map designation of HR-8 (with an advisory City land use designation or Transitional) and is zoned AR (Agricultural Residential). The property is currently vacant. South and West: The abutting properties to the south and west have a Palm Beach County land use designation of MR-S (Medium Density Residential - 5 du/ac) (with an advisory City designation of Low Density Residential - 0-5 du/ac) and are zoned RS (Single Family Residential). The existing land use is single family subdivision known as County Club Acres. East: East of the property, across Military Trail has a City Low Density Residential 0-5 du/ac land use designation and is zoned R-l-A (Single Family Residential). The existing use of the property is a planned residential development known as The Hamlet, a country club community. Allowable Land Uses: Under the proposed Transitional FLUM designation, office and neighborhood commercial developments (POC, POD, RO, and NC) are allowed as well as residential zoning districts which accommodate single family and multiple family units (R-1-A thru R-l-AAA, RL, PRO, and RM). The applicant has requested an initial zoning designation of POC (Planned Office Center). This zoning designation is consistent with the proposed land use designation. Land Use Compatibility: As described in the Future Land Use Element of the Comprehensive Plan, the Transitional land use designation can provide for uses which are not as intensive as general commercial in areas where residential use is not desirable and/or appropriate. While this parcel is surrounded by residential development, it does not have sufficient size and depth to reasonably accommodate a residential development. Compatibility with the abutting residential development (Country Club Acres) is a concern, however, ther~ are sufficient regulations in place which will mitigate any potential adverse impacts. Also, the business hours of an office development usually do not extend into the . P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 4 - evening hours, therefore, there should not be any issues regarding noise. With respect to the Hamlet development east of Military Trail, there is a substantial landscape buffer with a chain link fence along the west boundary of the Hamlet development (east side of Military Trail) with a street internal to The Hamlet adjacent to the landscape buffer. Further, the development will be separated by a six lane divided roadway upon the widening of "Military Trail (scheduled 1996/97). Under the County designation of 8 units per acre, the resulting development would be low density multi-family development. ANN E X A T ION A N A L Y S I S: . Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". * The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(l) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located wi thin "designated annexation area No. 5" on the west side of Military Trail south of Atlantic Avenue. Annexation of the territory is consistent with Policy B-3.4 of the- Future Land Use Element, which calls for annexation of eligible properties. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the Sou~h County area. The property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, Atlantic Avenue on the -.---... P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 5 north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day) . Additional response can be mustered from "Cover Cars" which 'roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department. has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north and south of the property. . Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 6 minutes of the County Fire Department (Fire Station #42/Hagen Ranch Road near the Turnpike) to approximately 4.5 minutes for the City's Fire Department (Fire Station #4 at Barwick and Lake Ida Roads). Water: Municipal water service is available via connection to an existing 12" water main located along the east side of Military Trail. It is recommended this improvement across Military Trail be coordinated with the widening of Military Trail in fiscal year 1996/97. With future development of this property, main extensions (minimum 8") to the west and south property lines will also be required in order to provide continuation of service and future connections to the Country Club Acres residences. Along the new main, fire hydrants must be installed with a maximum spacing of 300 feet. Also, looping of the main internal to the site for system integrity will be required. Sewer: Sewer service is available adjacent to the site via an existing 4" force main along the west side of Military Trail. With future development, the installation of a lift station and sewer main extensions to the west property line will be required. The lift station must be designed to accommodate the proposed office development as well as the existing Country Club Acres subdivision which is currently served by septic systems. The City will participate in the increased cost associated with sizing the lift station to accommodate future flows. Streets: This property has direct access to Military Trail, which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic study was submitted based upon the maximum development potential , allowed under the proposed Transitional land use designation (2 acres of neighborhood commercial and 2.17 acres of office development) generating a total of 2,054 daily trips. P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 6 This is a "worst case" scenario, as the intended development is strictly office and will be less intensive. It is noted that Military Trail between Atlantic Avenue and Clint Moore Road is operating at a level of service "E". Recent traffic studies submitted for adjacent developments indicate that with an additional analysis of peak hour directions (traffic alternative test 1 analysis) this section of Military Trail will pass level of service "0", with the installation of a dual left turn lane at Clint Moore and Military Trail. This improvement is scheduled for August of 1995. However, this roadway will again fail level of service "0". by the end of 1995. Consequently, after December 1995, no additional development can occur until . Military Trail is widened from 4 lanes to 6 lanes which is' scheduled for fiscal year 1996/97. Parks and Open Space: As the Planning Area was cons idered in the development of the Comprehensive Plan, the act of officially adopting the advisory land use designation will have no effect on Parks and Open Space level of service. The annexation of the property for office development will not create an additional impact on park and recreational facilities. Solid Waste: As there is no change in actual land use at this time, there will be no impact on solid waste disposal. The service provider will remain the same, as described later in this report. Financial Impacts: Effect Upon Annexed Property: For the 1994 tax year the subject property had an assessed value of $ 72,420. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU 2.5539 Deleted (County) Library .4437 Deleted (County) City Of Delray Beach 6.8800 Added - (City) City of Delray Beach Debt 1. 0700 Added (City) --------- 4.9524 Difference* * Total tax millage in the County is 20.1501 mills while in the City the total millage rate is 25.1020 mills. The current yearly ad valorem taxes are $ 1,452.30. With annexation the yearly ad valorem taxes will be $ 1,810.68; a tax difference of $ 358.65. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: - De1ray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. . A 25% discount from the assessment is available as . P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 7 the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on site. As the property is currently vacant, this assessment is not imposed. With future development, the storm water utility tax will be assessed. Solid Waste Authority - The Military Trail area is currently serviced by South Florida Sanitation, which is under a five year contract that runs from October 1, 1993 through September 30, 1998. The City's contract is currently through Waste Management, Inc. Pursuant to Florida Statute 171.062 (4)(a) "if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, thE! franchisee may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter" . As the annexation was not initiated. within the six month time period, the waste service provider will not change with annexation. When this current contract expires, the waste provider for this property will be the current City provider. The out-of-City/in-City rates are anticipated to be competitive. Occupational Licence Fees - As the property is vacant land, an occupational license will not be required. However, upon development of the property for offices, occupational licenses will be required. This license will be in addition to the current County license fee required for offices of approximately $60 per year. The City license fee for a business office is $100 and $150 for professional and medical offices. Resulting Impacts to Property Owner: TABLE A SUMMARY OF IMPACT ON THE CARUSILLO AND EVANS PROPERTY FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 94/95 county of 20.1503 to City 94/95 rate 25.1020 mills.(4.9524) - +$ 358.65 NON AD VALOREM Stormwater Assessment $ .00 Solid Waste Collection No Change OCCUPATIONAL LICENSE FEES $ .00 ANNUAL FINANCIAL IMPACT: +$ 358.65 ...- " P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 8 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 6.0 minutes (County) to 4.5 minutes (City) . EMS + Faster response time from (estimated time) 6.0 minutes (County) to 4.5 minutes (City) . POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs reactive opportunity to work with - property owners Fiscal Impacts to the City: At the 1995 City operating millage rate of 6.88 mills and debt rate of 1. 07 mills, the property will generate approximately $ 575.74 in new ad valorem taxes per year. With the future office development, additional revenues will be realized through increased assessment value, building permit and licensing fees, the annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. Z 0 N I N G A N A L Y S I S: The proposed City zoning designation is POC (Planned Office Center) while the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: County AR to the north; County RS (Single Family Residential) to the south and west; and, City R-I-A (Single Family Residential) to the east. REQUIRED FINDINGS: (Chapter 3) Pursua.nt to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a fo~ which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent -with the land use designation. ..'-'--~-'-'----' P & Z Board Staff Report earusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Gse Map Amendment Page 9 The proposed poe zoning designations is consistent with the proposed Transitional land use map designation. The proposed , office development is allowed as a permitted use within the poe zone district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be -provided to new development. concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of existing vacant land. There will be no changes in the manner that water, sewer, drainage, streets/traffic and solid waste services will be provided. Fire, EMS and Police will shift to a different provider; however, all of these services will be equal to or better than existing services (see annexation analysis for details). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The subject property is currently vacant with a billboard situated at the southeast corner of the property. When a sign is annexed which does not comply with the provisions of Section 4.6.7 (Signs), the sign must be removed upon annexation. Staff will work with the property owner in order to obtain compliance. Any future development will be required to comply with all Land Development Regulations. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and'policies were found. 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 ...communi ties shall be retained pursuant to Policy 10.2.2.2. P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 10 The property is bordered on the north by the L-34 Canal, therefore this policy is applicable. Compliance with this policy can be easily met as the site is currently vacant. This item must be accommodated at the time of site and development plan design. Land Use Element Objective A-I: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environmental" characteristics that would would prohibit development of the site or require mitigation measures. The property can be developed in a manner that will be complementary to -the adjacent residential developments i.e. through provision of adequate landscape buffers and residential type elevations. " With review of a specific development proposal this policy will be revisited. Section 3.3.2 (Standards for Rezoning Actions): Standards A and B are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed poe zoning is not a strip commercial zone district designation. The property has a depth of 270 feet and contains 4.17 acres which can easily accommodate a well-planned office development. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial POC zoning designation will accommodate the proposed office development as a permitted use. ., Compatibility with the adjacent residential developments ----...--- P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 11 will relate to the ultimate density of future development. However, when POC zoned property directly abuts residential zoning a minimum 25 foot building setback must be provided. Further, wi thin the landscape strips abutting the residential property, trees must be planted every 25 feet along with either a 6 foot high wall or a 4 1/2 foot high hedge, at the time of planting. Compatibility of a specific -development proposal with the adjacent developments will be appropriately addressed with the review of a site and development plan request. Section 2.4.5(D)(5) (Rezoning Findings): . Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must must make a finding that the rezoning fulfills one of the reasons for which -the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "There has been a change in circumstances. The applicant is applying for annexation of this property into the City. The annexation requires that the applicant apply for an appropriate zoning designation." Comment: The justification statement addresses Item "b" as the basis for which the rezoning should be granted, however, Item "c" is also applicable. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach r~serve annexation area. The requested zoning is of similar intensity as that allowed under the proposed City Transitional land use designation. The POC zoning is more appropriate for the property than the current County zoning designations of AR (Agricultural Residential) given the properties location and its extensive frontage along Military Trail. /" . " P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 12 REV I E W B Y 0 THE R S : The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Lake Worth Drainaqe District Lake Worth Drainage District reviewed the annexation request and indicated that additional right-of-way for the L-34 Canal (along north property line) is not required. . Palm Beach County Notice: On April 24, 1995 the Palm Beach County Planning Division -was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: * Country Club Acres * Greensward Village Condominium Association (within The Hamlet development) 'c' * Hamlet Residents Association * PROD (Progressive Residents of Delray) * United Property OWners Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and zoning Board meeting. . ASS E SSM E N TAN D CON C L U S ION S: Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested Transitional land use designation has been the City's advisory designation for the past 6 years. .~The application of an initial zoning designation of POC is consistent with the current advisory land use designation. . . P & Z Board Staff Report Carusillo and Evans Property - Voluntary Annexation with Initial Zoning and Small Scale Future Land Use Map Amendment Page 13 The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. Upon development of the property for office development, stormwater assessment fees and occupational license fees will be imposed. The City will receive additional revenue from property taxes, in addition to storrnwater assessment fees, utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $ 575.74 a year. If the annexation is approved, it is anticipated that a site and development plan submittal will follow. Compatibility of a. specific development proposal with the adjacent developments will be addressed with the review of a site and development plan request. Concurrency concerns with respect to traffic will dictate the development time frame. A L T ERN A T I V E S ACT ION S . . A. Continue with direction. B. Recommend approval of the Annexation, Small Scale Future Land Use Map amendment from County HR-8 to City Transitional and initial zoning designation of POC (Planned Office Center). re. Recommend denial of the annexation, small scale amendment and initial zoning with the basis stated. S T A F F R E COM MEN D A T ION: Recommend approval of this Annexation, Small Scale Future Land Use Map amendment from County HR-8 to City Transitional, and initial zoning designation of POC (Planned Office Center) based upon positive findings with respect to LDR Section 3.1.1, Section 3.3.2, Section 2.4.5(D)(5), policies of the Comprehensive Plan, and the following: A. That the property is contiguous, reasonably -compact and does not create an enclave; and, B. That services will be provided to the property in a .manner similar to other similar properties within the City. Attachments: * Location Map * Survey . - JC/V:ANNEVANS.DOC . " C'.:J'N'.s9"~ 27/.27' " ,.~ 13 J i t - , ~ -z::... 1'/,...,....,..' ru 'n 4AN"'- ~ 24' .. _ _' . ~:...f/,p.1J. L';rER,q~ 34_ CAN"'/.. 71~.~:-;.~';~~.. _ ~~~ I ..... I - ~/' C"'AlA~ EASc/'1~Nr~t _. ../')~ '" ~l. ti'44rA1.'A'r4.P,4~.= ij,:-",t- -..- - - . - L- """~"hf"'r' ",.".""""",1( - '\1 ~ ",' ~ \::1: I I '" . J-j:3" ~~ R" ~ ; ~ ~ ~ ~:~ I ~~ ~ ~~. ".rE" C.t,,/"'E.o .8'/ ~. Ir'; AD. ~E'" C#v~T PE<::/S"",^"...-J ~1' ~ ~ ~ I { ".'" ,~ r ..~ /Jl/~ ""~N".v,,"E"'Y ""'"S..- .....#. 4<A7) ~~ ~ ~ ~ ~ I ~;; . 11 '\ I - - - ~ . ~ ~_ ~ ~ ~ '" I ~:'ll IV ~ ~~ ~ ~ ~ :t ~ R:' I;' ." ~ ~ ~ ~ ~! !:1 ~~ ~ ,,~~ ~ ~ 't,' ! - ~ ~ ~ ~ ~ ~ r. i l'- ~"I ~ ...... ~ ~ t\ C) ~~ ~ !!J>> ~ ~ $ f ~ 9"1 " 1~' " f 8 ~ ..... l\ --I "'">'1 ..... " \' ,.,"'\ -..: ~ c" ~ ." ~ I ~ .. ~ ~ ;. lI, i ~ ~ ::i : ;;~I .. ~ ~ .., I ~; ~~ ~ t I ~~ I ~ ~ . I \. ..I . ~ ~ I ~" ~ III . j /. I .' . '. ll> . () . . . ) " I ~ ~ %. :. ~ ~ - I I .~ "S .~ .,." 1 ~ . I '" ;~. I I :::-;::: ) ~~ I I ~.... I ~l -+. .~~ :1$'" If"",' ~~ '" 1'11.-,.; . . ...~ ~ I '- ; :'1 '" ! ~ '<. : ~ 0.\ -J . \..:. '. ~~ ~~' .. ~ , ~ "'I ' 1 \ I:!. . _ ". 1 . .. '" t\ ~ J'~~:;; ~ I I \. "l ....> " -' ~ :\, c... j . l'- ' I ~ ~ '\ ~'6-. ~ ~~:-. <:;;. j ~~~ t'l ~ ~:q~ "" I ., ~ " " (l....", ",J ~ ): ~ 'I ~ ~ ~ ~ ::.. ~ '1 i ~ " " ~ ~ t, . 1\ ~ .. !'l 1.1 1\'<, "''' ~nlo.~ ~ ~,,!l ~'" M\ ~~'.,~t: ~: t;;' ~~1< ~!\" "C1 ' ~ij,!\~ t ~\~~ ; I ~ I ~ ' ~ ' , ~ ~ ~ !'l '~ ~ { ~ . l'I~ ~~ ~..,~ ~ ! "b fll . , lot III ~ ~. II '( , ~ ~.. ~ ~"" ~'- ~ ~)~" 1\ ~~~ 1. I ~ "1'1:<; "\. "'; \ 1>" !II, ~n ~ ~ '" it ~ ~ ~ "I,' IS 1\ ~ ~l:>~ ~ ~, 7'~ ~ ~ Ii r ~ ~ ~~,,'ii CII , .~.. ~ ~ ~~~ ~ : ~ \.... ~ .' . ,..... :1 ....~~~ i ~ ~ ~ A ~ ~ ~ ~ " ~ ... r: ) ..' ... ~ " ... ~ .. ~ ~ ~ t , i J~. ' ~ ~ \.\---. ~ . ~ 'J' ~ -.. tu ~-:~.I ~ ~ \~~ ~ ~ ~~ ~.. ~ ~~ ~~: ~ ~~ ~S ~ ~~ R , .r- ~ 5vev; ~5,,,,,,' -------.. - - ----- . M E MOO RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 871 SUBJECT: AGENDA ITEM i /:< .8.... MEETING OF JUNE 6. 1995 FIRST READING FOR ORDINANCE NO. 30-95 (CORRECTIVE SMALL SCALE LAND USE MAP AMENDMENT FOR BLOCKS 77. 78 AND 86) DATE: JUNE 1, 1995 This is first reading for Ordinance No. 30-95 which corrects the Future Land Use Map (FLUM) designation from General Commercial, in part, and Transitional, in part, to Commercial Core for property located in Blocks 77, 78 and 86, Town of Delray Plat (located south of Atlantic Avenue on the east side of S.E. 1st Avenue and the east and west sides of S.E. 2nd Avenue) . When the Comprehensive Plan, including the Future Land Use Map, was adopted in 1989, the parcels were given the General Commercial and Transitional land use designations which were consistent with the zoning at that time of RM-10 (Multiple Family) and General Commercial. With the adoption of the Land Development Regulations and the City-wide rezonings in 1990, the zoning classification on the properties was changed to CBD (Central Business District), but no change was made to the land use designations. Hence, an inconsistency was inadvertently created. This inconsistency was identified during review of the land uses associated with the creation of the new CBD-RC (Central Business District-Railroad Corridor) zoning district. It is appropriate that this small scale corrective FLUM amendment be processed to make the land use designation consistent with the zoning classification. The Planning and Zoning Board considered this matter at public hearing on May 15, 1995, and voted unanimously to recommend that the corrective amendment be approved. Recommend approval of Ordinance No. 30-95 on first reading. If passed, a public hearing will be scheduled for June 20, 1995. ref:agmemo15 . -.-- --- -- ORDINANCE NO. 30-95 AN ORDIN~NCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM GENERAL COMMERCIAL, IN PART, AND TRANSITIONAL, IN 'PART, TO COMMERCIAL CORE, FOR PROPERTY LOCATED IN BLOCKS 77, 78 AND 86, TOWN OF DELRAY PLAT, AS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Future Land Use Map in the Comprehensive Plan for the City of Delray Beach, Florida, as being designated General Commercial, in part, and Transitional, in part; and WHEREAS, during review of the land uses associated with the creation of the CBD-RC (Central Business District-Railroad Corridor) zoning district, inconsistencies between zoning classifications and land use designations were identified; and WHEREAS, at its meeting of May 15, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this i tern and voted unanimously to recommend approval of a ! City-initiated corrective Small Scale Future Land Use Map amendment to make the land use designations and zoning classifications consistent, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be corrected to reflect a land use designation of Commercial Core for the affected property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as follows: Lots 7 through 12, inclusive, Block 77, TOWN OF DELRAY (formerly Town of Linton), as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida; TOGETHER WITH All of Block 78, TOWN OF DELRAY (formerly Town of Linton) , as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida; - -..-.,-- .- '~ -....--.. . _. ..... -~ . __ '__ _.____ '.9 ._. , ",- - . . ,--- ..- TOGETHER WITH That part of Block 86 lying west of the F.E.C. Railroad, TOWN OF DELRAY (formerly Town of Linton) , as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. The subject property is generally located south of Atlantic Avenue on the east side of S.E. 1st Avenue and the east and west sides of S.E. 2nd Avenue. I Section 2. That the Future Land Use Map in the i Comprehensive Plan of the City of Delray Beach, Florida, is hereby ! corrected to reflect a land use designation of Commercial Core , for the subject property. i ! I I Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c)4. , , i Section 4. That all ordinances or parts of ordinances ir. , 1 conflict herewith be, and the same are hereby repealed. Section 5. 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 I , decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective as of the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. - 2 - Ord. No. 30-95 ,---_.. -----~-~- --_.. ----.. ._~ PASSED AND ADOPTED in regular session on second and final reading on this th~ day of , 1995. MAY 0 R ATTEST: City Clerk First Reading Second Reading i - 3 - Ord. No. 30-95 . . . 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RO )!: I =J - - '-' - :J - MERIT - - PARI< - - - - 0 CD - - z - - <'>l - - I- - - ;? - - - - :::: w- r" W W W - = - 1Ii- _iii iii iii - T ---i - - ~I - N F.L.U.M. AMENDMENT - ~ lIO'AIllWUCT g MlEA 10 BE CfiNlCED f"ROr.J cnv or DEUIA Y BtAOt. R. GENERAL COMOlERClAL TO COr.Jr.JERClAL CORE - a.orAl S(.sr IIAP S't'S7Di - l" 1-., ,- j, I l CITY COMMISSION DOCUMENTATION TO: VID r HARD~ITY MANAGER THRU: D E ,'M~~R DEPARTMENT OF PLANN G AND ZONING 4~ 4~t ~ FROM: PAUL DORLING, P~CIPAL PLANNER SUBJECT: MEETING OF JUNE 6, 1995 - CORRECTIVE SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM GENERAL COMMERCIAL AND TRANSITIONAL TO COMMERCIAL CORE FOR PROPERTY LOCATED SOUTH OF ATLANTIC AVENUE ON THE EAST SIDE OF SE 1ST AVENUE AND THE EAST AND WEST SIDES OF SE 2ND AVENUE. ACTION REQUESTED OF THE COMMISSION: The action requested by the City Commission is that of approval on first reading of an ordinance changing the Future Land Use Map designation of Lots 7-12 Block 77 Town of Delray plat (approximately 1.39 acres), Lots 7-16 Block 78 Town of Delray plat as well as that portion of Block 86 Town of Delray plat lying west of the FEC railroad (approximately 2.70 acres) from "General Commercial" to "Commercial Core", and Lots 1-6 Block 78 Town of Delray plat (approximately 1.43 acres) from "Transitional" to "Commercial Core" . The subject properties are located south of Atlantic Avenue on the east side of SE 1 st A venue and the east and west sides of SE 2nd A venue. BACKGROUND: Prior to the adoption of the Future Land Use Map in 1989 the parcels had Future Land Use Map designations of General Commercial for Lots 7-12 Block 77, Lots 6-16, Block 78 and Block 86 and Multi-family (10 units per acre) for Lots 1-5 Block 78. The parcels had consistent zoning districts of RM-1 0 (Lots 1-5 Block 78) and General Commercial (Lots 6-16 Block 78, lots 7-12 Block 77, and the portion of Lot 86 east of the FEC Railroad). With the adoption of the Future Land Use Map on November 28, 1989 the parcels were given General Commercial (Lots 7-16 Block 78, Lots 7-12 Block 77, and portion of Lot 86 east of FEC Railroad) and Transitional (Lots 1-6 Block 78) land use designations. With the City-wide rezonings associated with the adoption of the LDR's the zoning . designations were changed to CBD (Central Business District) for all parcels. In 1990 with this change the zoning and land use designations become inconsistent. During review of the land uses associated with the creation of the new CBD-RC (Central Business District-Railroad Corridor) zoning district the inconsistencies were discovered. The proposed change is a City initiated corrective Small Scale Future Land Use Map amendment to bring the Land Use Map designations and zoning designations consistent. PLANNING AND ZONING BOARD CONSIDERATION: The Board considered the request at its May 15, 1995 public hearing. There was no public testimony in opposition to the Land Use amendments. The Board voted 7-0 to recommend that the request be approved . RECOMMEND A TIONS: Recommend approval of the corrective Future Land Use Map Amendment from "General Commercial" to "Commercial Core" for Lots 7-12 Block 77 (Town of Delray plat), Lots 7-16 Block 78 and that portion of Block 86 (Town of Delray plat) west of the FEC Railroad and from "Transitional" to "Commercial Core" for Lots 1-6 Block 78 (Town of Delray plat) based upon positive findings with respect to Florida Statute 163.3187. attachments: * Staff report * Ordinance No. -95 tdoc l.doc , ., PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: MAY 15, 1995 AGENDA ITEM: V.C. CONSIDERATION OF A CORRECTIVE SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP FROM "GENERAL COMMERCIAL" AND "TRANSITIONAL" TO "COMMERCIAL CORE" FOR PROPERTY LOCATED SOUTH OF ATLANTIC AVENUE ON THE EAST SIDE OF S.E. 1ST AVENUE AND THE EAST AND WEST SIDES OF S.E. 2ND AVENUE. ITEM BEFORE THE BOARD: - The item before the Board is that of making a recommendation on a City initiated corrective Future Land Use Map Amendment~ The change involves . Lots 7-12 Block 77 Town of Delray plat (approximately 1.39 acres), Lots 7-16 Block 78 Town of Delray plat as well as that portion of Block 86 Town of Delray plat lying west of the FEC railroad (approximately 2.70 acres) from "General Commercial" to "Commercial Core", and Lots 1-6 Block 78 Town of Delray plat (approximately 1. 43 acres) from "Transitional" to "Commercial Core". The subject properties are located south of Atlantic Avenue on the east side of S.E. 1st Avenue and the east and west side of S.E. 2nd Avenue. PROJECT DESCRIPTION; . The property is made up of several different parcels under separate ownership developed with a combination of residential, commercial and industrial uses. Lots 7-12 of Block 77 contains a computer warehouse, parking lot, and residential structure. Lots 1-6 Block 78 contains 3 single family homes, 2 duplexes and . a vacant lot. Lots 7-16 Block 78 contains industrial type uses which include painters, plumbers, small engine repair, a moving and storage company, and a scrap metal dealer. The eastern portion of Block 86 contains a painting contractor. BACKGROUND: Prior to the adoption of the Future Land Use Map in 1989 the parcels had Future Land Use Map designations of General Commercial for Lots 7-12 Block 77, Lots 6-16, Block 78 and Block 86 and Multi-family (10 units per acre) for Lots 1-5 Block 78. The parcels had consistent zoning districts of RM-10 (Lots 1-5 Block 78) and General Commercial (Lots 6-16 Block 78, lots 7-12 Block 77, and the portion of Lot 86 east of the FEe Railroad). V.C. . P&Z Board Memorandum Staff Report Consideration of a Corrective Small Scale Amendment to the Future Land Use Map from "General Commercial" and "Transitional" to "Commercial Core". Page 2 .0' With the adoption of the Future Land Use Map on November 28, 1989 the parcels were given General Commercial (Lots 7-16 Block 78, Lots 7-12 Block 77, and portion of Lot 86 east of FEC Railroad) and Transitional (Lots 1-6 Block 78) land use designations. With the City-wide rezonings associated with the adoption of the LOR's the zoning designations. were changed to CBD (Central Business District) for all parcels. In 1990 with this change the zoning and land use designation become inconsistent. During review of the land uses associated with the creation of the new CBD-RC (Central Business District-Railroad Corridor) zoning district the inconsistencies were discovered. This City initiated petition proposes to eliminate these inconsistencies. COMPREHENSIVE PLAN ANALYSIS: This Future Land Use Plan Amendment is being processed as a Small Scale Development pursuant to Florida statutes 163.3187 (1) (c) (1). This Statute allows any local government's Future Land Use Map amendments that are directly related to proposed small scale development activities, to be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: * The amendment does not exceed either 10 acres of nonresidential land, or 10 acres of residential land with a density of 10 units per acre or less; * The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, . * The proposed amendment does not involve the same property owner's property wi thin 200' of property granted a change within a period of 12 months. . The property contains a total of 5.52 acres. These parcels combined with other small scale amendments processed this year will not exceed 60 acres. The property has not previously been considered for a land use amendment, nor has the same property owner been granted a land use change within 200 feet or wi thin the last year. Thus, these properties meet the conditions for processing a small scale amendment. Land Use Analysis: The current City Land Use designation for the properties are: Lots 7-12 Block 77 - General Commercial Lots 1-6 Block 78 - Transitional Lots 7-16 Block 78 - General Commercial Block 86 East of FEC - General Commercial . . P&Z Board Memorandum Staff Report Consideration of a Corrective Small Scale Amendment to the Future Land Use Map from "General Commercial" and "Transitional" to "Commercial Core". / Page 3 .- . The proposed change for all parcels will be to a "Commercial Core" land use map designation. The surrounding Land Use Map designations to the north is Commercial Core, to the south is . Redevelopment Area No. 5, to the east is Commercial Core and Community Facilities and to the west is Mixed Use (Old School Square Historic District). The existing surrounding Land Uses are: commercial uses to the t north, commercial and vacant to the east, mixed use residential to the west and commercial to the south. The current land use designations of "General Commercial" and "Transitional" are inconsistent with the underlying zoning designation of "Central Business District". In addition., a ;;-, ". portion of the area now designated as General Commercial is to ~, be rezoned to CBD-RC (Central Business District - Railroad I Corridor) , the CBD-RC will not be consistent with the GC land use designation. However, the proposed land use map designation i change to "Commercial Core" is consistent with both the CBD and the CBD-RC zoning districts. This consistency is mandated by the Future Land Use Element of the Comprehensive Plan and by LDR Section 3.1.1. ASSESSMENT: This change is being sought to correct inconsistencies in land .. use and zoning designations. The proposed "Commercial Core" land use designation will be consistent with the existing "Central Business District" zoning and the proposed CBD-RC designations. This consistency is required by Future Land Use - Element Policy A-1.1 and LDR Section 3.1.1 for all development applications. These amendments are being processed under the Small Scale I Development process, which allows processing of amendments . " without regards to the twice limitation required by '. a year . Florida Statue 163.3187. The require criteria under Florida Statute 163.3187 have been met. " ALTERNATIVES: 1. Continue with direction. ~ 2. Recommend approval of the corrective Future Land Use Plan Amendment from "General Commercial" to "Commercial Core" for Lots 7-12 Block 77 Town of Delray, and Lots 7-16 Block 78 and that portion of Block 86 Town of De1ray west of the FEC Railroad and from "Transitional" to "Commercial Core" for Lots 1-6 Block 78 Town of Delray upon positive findings with respect to Florida Statute 163.3187. . P&Z Board Memorandum Staff Report Consideration of a Corrective Small Scale Amendment to the Future Land Use Map from "General Commercial" and "Transitional" to "Commercial Core". Page 4 - 3. Find that the application of the "General Commercial" and "Transi tional" land use designation was not in error and recommend denial of the Future Land Use Map Amendment. RECOMMENDATIONS: 1. Recommend approval of the corrective Future Land Use Plan Amendment from "General Commercial" to "Commercial Core" for Lots 7-12 Block 77 Town of Delray, Lots 7-16 Block 78 and that portion of Block 86 Town of Delray west of the FEe Railroad and. from "Transitional" to "Commercial Core" for Lots 1-6 Block 78 Town of Delray based upon positive findings with respect to Florida Statute 163.3187. . T:CBDAMEND.DOC . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fJ!1 SUBJECT: AGENDA ITEM i /~.<3._ MEETING OF JUNE 6. 1995 FIRST READING FOR ORDINANCE NO. 31-95 (REESTABLISHMENT OF THE SPECIAL ACTIVITIES DISTRICT FOR MARINA DELRAY) DATE: JUNE 2, 1995 This is first reading for Ordinance No. 31-95 which reestablishes the SAD (Special Activities District) zoning classification for the Marina Delray property located at the southeast corner of George Bush Boulevard and Palm Trail. As required by Section 4.4.25 of the Land Development Regulations, the ordinance incorporates the specific uses approved for the site and grants site plan approval with attendant conditions. One of the conditions is that improvements to the site will be completed in accordance with a time schedule which is also incorporated into the ordinance. The Planning and Zoning Board formally reviewed this matter at public hearing on May 15, 1995, and voted 6 to 0 to recommend that the SAD be approved, subject to the conditions set forth in the attached staff report. Recommend approval of Ordinance No. 31-95 on first reading, based upon positive findings and subject to the recommendation of the Planning and Zoning Board. If passed, a public hearing will be held on June 20, 1995. f~ 5 /0 ref:agmemo11 . " . ._--" - .- ORDINANCE NO. 31-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REESTABLISHING THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION FOR A PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF GEORGE BUSH BOULEVARD AND PALM TRAIL KNOWN AS MARINA DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN; GRANTING SITE PLAN APPROVAL WITH CERTAIN CONDITIONS; PROVIDING FOR AN IMPROVEMENT SCHEDULE FOR THE INSTALLATION OF IMPROVEMENTS TO THE SITE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on December 12, 1989, the City Commission approved Ordinance No. 73-89 which established a Special Activities District ( SAD) , subject to conditions, for the property hereinafter described; and WHEREAS, the SAD conditions of approval pursuant to Ordinance No. 73-89 were never addressed and site improvements were not installed; and WHEREAS, the Special Activities District (SAD) was never established and expired as of June 12, 1991; and WHEREAS, on April 7, 1995, an application to reestablish the SAD (Special Activities District), including an attendant site plan to accommodate a marina and accessory uses, was submitted for review and consideration; WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and Zoning Board reviewed the subject matter at public hearing on May 15, 1995, and voted 6 to 0 to recommend that the request be approved, subject to conditions; 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 the following described property in the City of Delray Beach, Florida, is hereby zoned and reestablished in the SAD (Special Activities District) as defined in Section 4.4.25 of the Land Development Regulations of the City of Delray Beach, to-wit: . . ------ .. -. ---, -.- All of a tract of land, less the South 250 feet thereof, situate, lying and being in Section 9, Township 46 South, Range 43 East, Palm Beach County, Florida, and more particularly described as follows: From the Quarter Section corner of the South boundary of Section 9, Township 46 South, Range 43 East, run North 0 degrees 13 ' 20" East, a distance of 1,746.55 feet along the Quarter Section line to a point on the North boundary of Lot 6, Model Land Company's Plat of said Section 9, as recorded in Plat Book a at Page 40 in the Public Records of Palm Beach County, Florida; thence easterly at an angle measured from North to East 89 degrees 23' , a distance of 591.06 feet to a point; thence in a southerly direction at an angle measured from East to South of 96 degrees 24' 24" for a distance of 33.21 feet to the point of beginning of this description; thence from the point of beginning run in a southerly direction at an angle of 175 degrees 06' 03", measured from North to East to South a distance of 465.73 feet along the East line of Palm Trail to a point in the South boundary line of said Lot 6; thence in an Easterly direction at an angle of aa degrees 30' 13" measured from North to East, along the Southern boundary of said Lot 6 a distance of 201.52 feet to a point of intersection with the West right-of-way line of the Intracoastal Waterway; thence in a Northerly direction at an angle of 98 degrees 07' 01" , measured from West to North along said right-of-way line a distance of 470.42 feet; thence in a Westerly direction at an angle of 81 degrees 52' 19" measured from South to West a distance of 255.58 feet to the point of beginning. The subject property is located at the southeast corner of George Bush Boulevard and Palm Trail; containing 1.14 acres, more or less. Section 2. That the uses allowed for the subject property described in Section 1, above, pursuant to Section 4.4.25(B) of the Land Development Regulations of the City of Delray Beach, Florida, shall be as follows: '" Full Service Marina, excluding restaurants '" In/out dry storage '" Sale of fuel for boats only '" Small marine engine repair and sales - 2 - . Ord. No. 31-95 . -_. . - . - -- -- . -- * Sale of bait, beverages and miscellaneous convenience items * In water dock rental * Charter boat rentals * New and used boat sales * Fabrication of boat tops and canvas work (restricted only to storage and dockage clients) * Marine towing services * One residential dwelling unit, to be occupied by the property owner, business owner, proprietor or employee with a garage and swimming pool as an accessory use to the residence Section 3. That the development of and improvements to the subject property descr~ in Section 1, above, shall be in accordance with the site plan and at ndant conditions as recommended for approval by the Planning and Zo 0 g Board on May 15, 1995, and as approved by the City Commission on the date that this ordinance is passed and adopted on second and final reading. Section 4. That the development of and improvements to the subject property described in Section 1, above, shall be in accordance with the following improvement schedule: * That within forty-five (45) days from second reading of this Ordinance No. 31-95, Site Plan Review and Appearance Board (SPRAB) approval must be obtained for the proposed landscaping; * That within thirty (30) days from the SPRAB approval, permit applications must be submitted to the Community Improvement Department (Building) for the associated improvements (1. e. parking/landscaping, water main and fire hydrant) ; and * That within ninety (90) days from the issuance of a building permit, installation of the associated parking/landscaping, water main and fire hydrant must be completed. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 3 - Ord. No. 31-95 . -.- - . . -. .-. -- -- .~.__.- - Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a cour't; 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 7. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 31-95 H rl /1=::= - ~ [1:=3 1-' r' VI)' [ L- I ~ BOND WA~ _u7: @ ~ ~ I 51. '- ;; 1-1. ~>- I I L E=3o 'L, 1>..: . ~ i--- -...J.- o::.:t" i--- - 7J;1.-'-. "'l d .. mil ~ [tii E ~ N lAN-: 1 -- A ~}S I ~ _ _ . -_I 0 1- ~ 1 ~~C I' -;::i ~U" ~ I 15 1 '3 ~ I' -..n I.... 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COSTEllO PLANNER SUBJECT: MEETING OF JUNE 6,1995 FIRST READING OF ORDINANCE NO..1/-95 - RE-ESTABLlSHMENT OF THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONE DISTRICT AND ATTENDANT SITE PLAN APPROV AL FOR MARINA DELRA Y (fka HENRY'S MARINA/8TH STREET MARINA/OCEAN CITY MARINA). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance re-establishing the SAD (Special Activities District) zone district and attendant site plan for Marina Delray (fka Henry's Marina/8th Street Marina/Ocean City Marina). The subject property is located at the southeast corner of George Bush Boulevard (N.E. 8th Street) and Palm Trail. BACKGROUND: On December 12, 1989, the City Commission approved the rezoning to SAD (Ordinance No. 73-89) and attendant site plan for Henry's Marina with conditions. The SAD conditions of approval were never addressed and site improvements were not installed. Thus, the SAD was never established and is considered to have expired as of June 12, 1991. The property has been issued citations by the Code Enforcement Division for various code violations. On April 7, 1995, a rezoning and site plan application were submitted to re-establish the SAD (Special Activities District) with the attendant site plan to accommodate the marina and its accessory uses. The proposed uses to be conducted on the subject property are as follows: ~___.__m~_._____ _'__. City Commission Documentation Meeting of June 6, 1995 First Reading of Ordinance No. -95 - Re-establishment of the SAD Zone District and Attendant Site Plan for Marina Delray Page 2 . Full Service Marina, excluding restaurants . Inlout dry storage . Sale of fuel for boats only . Small marine engine repair and sales . Sale of bait, beverages and miscellaneous convenience items . In water dock rental . Charter boat rentals . New and used boat sales . Fabrication of boat tops and canvas work (restricted only to storage and dockage clients) . Marine towing services . One residential dwelling unit, to be occupied by the property owner, business owner, proprietor or employee with a garage and swimming pool as an accessory use to the residence The proposal also includes a site plan which provides for parking (12 spaces) and landscaping improvements; dedication of right-of-way along George Bush Boulevard and Palm Trail; elimination of excess paving within the adjacent street rights-of-way; screening of the existing boat racks; installation of an awning over the 2nd floor terrace; renovations to the building to accommodate a 2nd floor apartment; and, a designated "future" swimming pool area. Additional background and analysis of the proposal is found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of May 15, 1995, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There were concerns presented by the Wedgewood Condominium Association immediately south of the marina regarding the hours of operation of the repair aspect of the marina and the overall appearance of the property. However, the Association was generally supportive of the rezoning to SAD and attendant site plan approval. The Board reviewed the staff report and discussed attaching an improvement schedule to the SAD in order to ensure diligence, as the improvements associated with the previously approved SAD were never installed. The Board voted 6-0 (Schwartz absent) to recommend that the rezoning and attendant site plan be approved with the following conditions: 1. That the boat repair aspect of the marina operation be limited to the hours of 8:00 a.m. to 5:00 p.m. ; 2. That a 5 foot right-of-way reservation be provided for George Bush Boulevard; . City Commission Documentation Meeting of June 6, 1995 First Reading of Ordinance No. .95. Re-establishment of the SAD Zone District and Attendant Site Plan for Marina Delray Page 3 ..- 3. That a waiver be granted to Section 5.3.1 (D)(2), to reduce the ultimate right-of- way width for Palm Trail from 60 feet to 50 feet, thus requiring dedication of 5 feet of right-way; 4. That a landscape agreement be executed in a form acceptable to the City Attorney; 5. That the property be platted pursuant to Chapter 5 of the Land Development Regulations and recorded prior to issuance of a Certificate of Occupancy for the apartment; 6. That a clean out be installed on the sewer lateral which extends from the main onto the site; 7. That revised plans be submitted addressing the "Site Plan Technical Items" identified in this Staff Report; and, 8. That an improvement schedule be included within the SAD ordinance, in order to ensure the timely installation of the proposed improvements. Staff and the applicant have agreed on the following improvement schedule: . That within 45 days from second reading of the SAD ordinance, Site Plan Review and Appearance Board (SPRAB) approval must be obtained for the proposed landscaping; . That within 30 days from the SPRAB approval permit applications must be submitted to the Community Improvement Department (Building) for the associated improvements Le parking/landscaping, water main and fire hydrant.; and, . That within 90 days from the issuance of a building permit, installation of the associated parkingllandscaping, water main and fire hydrant must be completed. RECOMMENDED ACTION: By motion, approval of Ordinance No. -95 on First Reading, setting a public hearing date of June 20, 1995, based upon the findings and recommendations of the Planning and Zoning Board, subject to the improvement schedule as outlined within proposed Ordinance No. -95. Attachments: Location/Zoning Map p & Z Staff Report and Documentation of May 15, 1995 Copy of Ordinance No. -95 ._._~- 1 " " -; . r----1 E - - \.it) I L _ _ ,.; . c......: m BONO 'AY 1 I 7; g .. ~~ I St. o' ~ I 7 I .g \.. '< I J ... A - I ~ .:z:- r --- .,. .2 -- I I -. j-- I- --.i I j , r;:c. ,- ~ ,UN. ~ I '/ - ~ . i~ jE --aJI r I :'~ rR ~ . I 1 "'n'" _ -, ~ I~" -.-: --, i----Il I 'I .1. 0 1 $ ~~ I ~ -- I ~ E1 ! ~ Z ": 1 ~ :~M ,~ (7 GEORCE BUCii I j l ~ 1--. r r ""' _ OF' A ~~ f----, . ill . . t-I ~O\~ ct-l ~ #o~ f- J- "- ct-l ~ f.~-( ~DO i _ ~ ,~'- _'-' ......,Ii'" J lOCO _ . 7 I '- rj g-~-~~- . (:0 ~ ~ - , ~ !!; ~ - r-- - 7 I ~, r ~ N., · '- J J 1 f-- r= ST. ....J I ~~.. ;::::,-0 ~ 7 ~ ll.- 11 ,--.-.'" a. 7 d .-.. - l- U J U i--- i! ~ I N.t. 5lH IE (ll I ~ n. Z , . ~ .- , 0 . ., z ~ ~ { 1<:1 ,..." _/ >'- >' ~M I rI I :r I-- J: ...... 1 4 J ~'- ~ In ,. .=I-1-AA , . II I I ~I 41H c;; II I r ~ I" 1\ ~ ~ I ~:= t>! I I :r J: I.J f--- J ~ I SEA ~. II N PU\Nl.llNCl DEP ARlM[Nl MARINA DELRAY atv or DEI.RA., BEAOt. FI. -- OIGIrA/. a4SF UAP SYSmI -_ . PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: May 15,1995 AGENDA ITEM: v. E. fTEM: Rezoning Request Associated with the Reestablishment of the SAD for Marina Delray. '. ::::;lj'l 1 I I 'II II _ _ ::::jJ. >- _ _ ~ ";;;;) I ~1=';' ~ - I - -~ I witi-- = ID , - -. = I/==. ~ !C \ _ S1IIEET _ j I ~J--i I ~ J ~~ 1 ~I -=- ~ IlL t I. -- I . , ~t:~ . - I 1..ttftS ~~.~ ~ 71W ~ fe~ t : II :: sf.? # ~ #'? I .:: '1~. trF. I 9, i - J. _ < ...- 1:0: 1----0 IE B N J II.:: ~II -I- I ~:2: .. ~ - ll-'I;l ~I' - , - ~ 1/ / / / , / , i I T ~ . ,f GENERAL DATA: .000er....................... ......... .......................................... Charles Hill Contract Purchaser...................................................... Marina Delray Corporation. loe. Agenl.......................................................................... Albert R. Capellini, P .E. Atlantic Environmental Engineering, Ine. Location........................................................................Southeast comer of George Bush Boulevard and Palm Trail. Property Size................................................................ 1.14 Acres . Land Use Map Designation.......................................... General Commercial . Existing Zoning..... ......... ............... .......... ...................... SAD (Special Activities District) Proposed Zoning............... .......................................... SAD Adjacent Zoning.............r..................................North: RM (Medium Density Residential) East RM South: RM West: CF (Community Facilities) Existing Land Use........................................................ Full-service marina. Proposed Land Use..................................................... Rezoning to SAD to accommodate the full-service marina, a residential unit, and boat sales and rentals with associated parking and landscaping improvements. Water Service...............................................................Existing on site. Sewer Service.............................................................. Existing on site. V E ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation on a rezoning to SAD (Special Activities District) and an attendant site plan for Marina Del ray (fka 8th Street Marina), pursuant to Section 2.4.5(0). The subject property is located at the southeast comer of George Bush Boulevard and .Palm Trail, and is formerly known as the 8th Street Marina/Ocean City MarinalHenry's Marina. Pursuant to Section 4.4.25(C)(1), all SADs are established via an ordinance processed as a rezoning. Further, pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board) shall review and make recommendations to the City Commission with respect to the rezoning of any property within the City. BACKGROUND: On June 28, 1988, the subject property was annexed'into the City with the GC (General Commercial) zoning designation as part of the annexations conducted via the Enclave Act (Enclave #30). Prior to annexation to the City, there was a consideration for the establishment of a lounge within the marina, however, the proposal met opposition and was never pursued. Also, a special exception was granted through the County for multi-tiered boat storage facilities which was approved and subsequently constructed. In 1989, a rezoning petition from GC to SC (Specialized Commercial) was processed. The rezoning was being processed to allow "boat sales" and "fabrication and assembly of boat paraphernalia" . Boat sales were allowed as a conditional use within the SC zoning district, while the fabrication and assembly of boat paraphernalia required a determination of similarity of use to allow the proposed use as a conditional use within the SC district. On October 16, 1989, the Planning and Zoning Board recommended approval of the rezoning to SC. In addition to the rezoning action, recommendations of approval were made for the conditional use requests . for "boat sales" and "fabrication and assembly of boat paraphernalia". At its meeting of October 26, 1989, the City Commission considered the rezoning request as well as the conditional use requests. The City Commission recommended that the property be rezoned to SAD and that a list 'Of specific conditional uses be provided. On December 11, 1989, the Planning and Zoning Board recommended approval of the rezoning to SAD and the attendant site plan with conditions. On December 12, 1989, the City Commission approved the rezoning to SAD (Ordinance No. 73-89) and attendant site plan for Henry's Marina with conditions as well as the following allowable uses: * Full service marina . P & Z Board Staff Report Rezoning to SAD (Special Activities District) for Marina Delray Page 2 * In and out dry storage * Small marine engine repair * Sale of gas and diesel fuel for recreational boating only * Sale of oil, ice and beverages (non-alcoholic) * In-water dockage rental * Installation of electronics * Marine store providing sale of electronics, outboard motors and other related marine paraphernalia * Boat Sales * Fabrication and assembly of boat paraphernalia, subject to the following restrictions: (1) That canvas tops cannot be assembled and fabricated at this site and installed at another site; (2) That off-site work can be done on boats which are regularly docked at the marina or which have rented space at the marina, but are temporarily located elsewhere; and (3) That the primary business of this enterprise is conducted at the marina and for boats which use dockage at this marina. The SAD conditions of approval were never addressed and site improvements were not installed. Thus, the SAD was never established and is considered to have expired as of June .12, 1991. The property has been issued citations by the Code Enforcement Division for various code violations. On April 7, 1995, a rezoning and site plan application were submitted to re-establish the SAD (Special Activities District) with the attendant site plan to accommodate the marina and its accessory uses. This request is now before the Board for action. PROJECT DESCRIPTION: The development proposal is to re-establish the SAD for the subject property. The proposed uses to be conducted on the subject property are as follows: * Full Service Marina, excluding restaurants * In! out dry storage * Sale of fuel for boats only . * Small marine engine repair and sales * Sale of bait, beverages and miscellaneous convenience items * In water dock rental * Charter boat rentals * New and used boat sales * Fabrication of boat tops and canvas work (restricted only to storage and dockage clients) * Marine towing services * One residential dwelling unit, to be occupied by the property owner, business owner, proprietor or employee with a garage and swimming pool as an accessory use to the residence P & Z Board Staff Report Rezoning to SAD (Special Activities District) for Marina Delray Page 3 The proposal also includes a site plan-which provides for parking (12 spaces) and landscaping improvements~ dedication of right-of-way along George Bush Boulevard and Palm Trail~ elimination of excess paving within the adjacent street rights-of-way~ screening of the existing boat racks~ installation of an awning over the 2nd floor terrace~ renovations to the building to accommodate a 2nd floor apartment~ and, a designated "future" swimming pool area. ZONING ANALYSIS: ; REOUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the statT report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use MaD: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a General Commercial Land Use Map designation and is currently zoned SAD (Special Activities District), however, the SAD expired June 12, 1991. While the proposed SAD (Special Activities District) zoning is deemed consistent with any land use map designation, including the underlying General Commercial designation, the uses allowed within a specific SAD shall be consistent with the land use category shown on-the Future Land Use Map. Pursuant to Section 4.4.25(B)(2), the SAD zone designation is required for a full service marina, which is the existing use of the property. The proposed uses within this specific SAD are generally the same as those approved as part of the SAD in 1989 (expired 1991). These uses are similar to other general commercial uses and therefore, are consistent with the underlying land use designation. Based upon the above, a positive finding can be made with respect to consistency with the land use map designation. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities . shall be provided pursuant to levels of service established within the Comprehensive Plan. Water: Water service is provided to the site via a service lateral connection to an existing 6" water main located along the east side of Palm Trail. Currently, there is insufficient fire suppression as well as fire hydrants to properly serve this site and the immediate area. Therefore, with this development proposal, a fire hydrant is required to be installed along Palm Trail, approximately 67 feet north of the south property line. . P & Z Board Staff Report Rezoning to SAD (Special Activities District) for Marina Delray Page 4 .- In order to obtain desired fire flow pressures, off-site main improvements will be necessary. Currently, an existing 6" main extends south from George Bush Boulevard to approximately 150 feet south of the subject property (marina). At this point the main becomes a 2" main which extends south to N.E: 7th Street. In addition, a 6" main which extends northward along Palm Trail dead-ends at N.E. 7th Street. To provide the necessary fire flows the 2" main must be abandoned and replaced with a 6" main which would then connect to the 6" main which dead- ends at 7th Street, thus,providing a continuous system. Engineering plans have been submitted which provide the connection and the new fire hydrant. Sewer: Sewer service exists to the site via a service lateral connection to the existing 8" sewer main along Palm Trail. With this proposal, a clean out must be installed on the lateral which extends from the main onto the site. Streets and Traffic: The marina is an existing use, thus traffic volumes will not change and no building additions are proposed. However, the conversion of the second floor from retail to an apartment will result in a reduction of trips. Based upon the above, positive findings can be made with respect to traffic concurrency. Parks and Recreation: Parks and recreation dedication requirements do not apply to the nonresidential uses on the site. However, a parks impact fee of $500 will be assessed for the proposed apartment at the time of building permits. The proposal will not have an impact on this level of service standard. Solid Waste: There is no change in the actual use of the property, thus there will be no impact on this level of service standard. . Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making. of a finding of overall consistency. ----.- P & Z Board Staff Report Rezoning to SAD (Special Activities District) for Marina Delray Page 5 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 Policv 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(8)] This policy is applicable as the property abuts the Intracoastal Waterway. However, the entire site is in a disturbed state, therefore, 10% of the total development is not required to be set aside. Traffic Element Policv C-l.l - Through and nonresidential traffic travel shall be limited and/or restricted in stable residential areas. Palm Trail is a local residential street which runs through a stable residential area south of the subject property and intersects George Bush Boulevard, a commercial corridor to the north. This link of Palm Trail, between George Bush Boulevard and N.E. 7th Street (to the south), is located on the perimeter of commercial developments. Based upon the proposed parking layout,. access to the site -will be provided primarily from George Bush Boulevard and traffic exitirig the site will utilize Palm Trail. Also, marina customers will utilize St. Vincent's Church parking lot, on the west side of Palm Trail just south of the marina. The utilization of Palm Trail as described is an existing situation which will not intensifY with this proposal. Further, the majority of the traffic associated with the marina will access the church parking lot from the north, therefore, there should be minimal traffic impacts on the stable residential area to the south. Section 3.3.2 (Standards for Rezonine: Actions): Standards A, Band C are not applicable with respect to this rezoning request. The following is the applicable performance . standard of Section 3.3.2: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibi~ity may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. . . P & Z Board Staff Report Rezoning to SAD (Special Activities District) for Marina Delray Page 6 Properties north, south and east of the site are zoned RM (Medium Density Residential) and CF (Community Facilities) to the west. The land uses adjacent to the property include the following: north of the property is Palm Tree Place Condominium~ south is Wedgewood Place Condominium~ west is St. Vincent's Church~ and, east is The Landings condominium development. Although the manna and the residences have co-existed for many years, compatibility with the adjacent residences has been a concern. There are numerous code violations that exist on this site which include the parking and storage of boats adjacent to George Bush Boulevard and Palm Trail, and lawn mower repairs. This proposal includes the installation of a parking arrangement that should improve the current situation and the installation of landscaping (adjacent to the streets) that will enhance the appearance of the property. Also, the proposal includes screening of the existing boat racks, which will mitigate the existing impacts of the development, as well as the elimination of the existing code violations. In addition to the above, the adjacent residences have expressed concerns regarding tying-down the boats that are placed upon the racks and the noise generated by the marina operation. Currently, the boats that are placed upon the racks, are not tied- down. The boats are not required to be secured for day-to-day operations. However, in the case of a hurricane, the boats must be tied-down. In the event of a hurricane warning, these boat racks will be inspected by City officials as part of the City's Hurricane Preparedness Program. With respect to noise, the residents are particularly concerned with noise created by the boat and engine repair aspect of the marina during the early morning and evening hours. This can be mitigated by limiting the boat repair aspect of the operation to the hours of 8:00 a.m. to 6:00 p.m. The restriction would not apply to the nonnal docking function of the marina as it would be inappropriate to limit the hours in which marina patrons could access and operate their boats. Section 2.4.5(D)(5) (Rezonine Findines): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the . City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. -~-"'-".._....-'-'- P & Z Board Staff Report Rezoning to SAD (Special Activities District) for Marina Delray Page 7 The applicant has submitted a justification statement which states the following: "Item "c" applies to the request. We are requesting to renew the expired SAD zoning. The existing use of the Marina is only provided for within the SAD zone district." Comment: Item "c" is the basis for which the rezoning should be granted. Full service marinas are only allowed within the SAD zone district. The SAD zoning is more appropriate given the existing use of the property as a marina which has existed at this location for many years. Approval of the SAD zoning will result in substantial upgrades to the site, thus eliminating a blighted situation. The improvements proposed in conjunction with the establishing the SAD zoning will be an inducement the area and may encourage redevelopment and development of surrounding properties. Based upon the above, it is appropriate to re-establish the SAD zoning for this property. SITE PLAN ANALYSIS: COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shaD specifically be addressed by the body taking final action on the site and development application/request. Perimeter Setbacks for SADs Pursuant to Section 4.4.25(D)(1), a minimum setback of 15 feet shall be established around the perimeter of any property developed under the sAD designation. Within the front and any side street setback, a 15 foot setback area shall be a landscape setback area and no pavement shall be allowed therein except for pedestrian ways and driveways which provide access to the property and which are generally perpendicular to the abutting street. Along George Bush Boulevard and Palm Trail the required 15 foot landscape setback has not been provided. This is an existing nonconforming situation which has existed for many years. Accommodating the 1 S foot landscape area would require elimination of all parking on this site, which is not a desirable situation. The development proposal which . provides landscaping adjacent to the abutting streets will decrease this nonconformity, which is a bettennent to the property. ParkinS! Reauirements Pursuant to LDR Section 4. 6. 9(C)(7)(k), marinas shall provide 5 parking spaces per 1,000 sq.ft. of total floor area of any building devoted to marina use plus 1 space per boat slip. Also, retail sales (boat sales) requires 4.5 spaces per 1,000 sq.ft. of total floor area, and the 1 bedroom apartment requires 2 parking spaces. In addition, the previous SAD included a requirement of 1 space per every space in the dry dock storage (boat rack), for a total of 50 additional spaces. That requirement was excessive, as most boats . . P & Z Board Staff Report Rezoning to SAD (Special Activities District) for Marina Delray Page 8 stored in this manner are kept on a relatively long-term basis, with intermittent use. .- While there should be a certain number of spaces required for this use, it is probably more appropriate to base it on the floor area of this use. At approximately 1,600 sq.ft. of floor area, the boat racks would require 8 parking spaces. Based upon the above, the parking calculations are as follows: * 4,787 sq.ft. marina use = 24 * 16 boat slips = 16 * 1,300 sq.ft. boat sales = 6 * 1 bedroom apartment = 2 Total Spaces Required =48 The proposal calls for 10 parking spaces along George Bush Boulevard and 2 spaces within the garage (for the residence) at the southwest comer of the site. It is noted that an additional parking space can be provided at the northwest comer of the site, within the area between the building and former gas pump island, thus providing 13 spaces on site. It should be noted that there is an informal arrangement with St. Vincent's Church (across Palm Trail) for marina customers to use the church's parking lot. This is not a binding agreement, and the church has been reluctant to enter into any kind of formal arrangement. However, they have allowed the parking for many years, and have verbally stated that it can continue indefinitely. The deficiency in required parking on this site is a "grandfathered" (nonconforming) situation which has existed for many years. This proposal will reduce this nonconformity and makes provision for overflow parking in the immediate area. Ri2ht-of-Wav Dedication George Bush Boulevard - Pursuant to the Section 5.3.1(0)(2), as George Bush Boulevard is a City collector, an ultimate right-of-way width of 80 feet is required. Currently, only 35 feet south of the centerline exists, therefore a dedication of 5 feet is required. The plans show the dedication of that 5 feet of right-of-way. However, if the right-of-way is dedicated, the parking along George Bush Boulevard would encroach . into public right-of-way. As the travel lanes are restricted due to the bridge at the Intracoastal Waterway and there are no plans to widen the bridge, it may be appropriate to obtain a reservation of right-of-way rather than the dedication. This, would allow the proposed parking to be located with this 5 foot wide area. Palm Trail -' The right-of-way width for Palm Trail is currently 40 feet. Pursuant to Section 5.3.1(0)(2), the ultimate right-of-way width for Palm Trail is 60 feet which requires a right-of-way dedication of 10 feet. The proposal calls for a 5 foot right-of- way dedication from this property. However, a reduction in the required right-of-way width may be granted by the body having approval authority of the associated development application provided that the reduction is supported by the City Engineer; that the full dedication would constitute a hardship and all required improvements will be >.-"--...".--- P & Z Board Staff Report Rezoning to SAD (Special Activities District) for Marina Delray Page 9 provided in a manner that will nbt endanger public safety; and. that alternative provisions are made to accommodate those features which would otherwise be accommodated within the right-of-way. The applicant has requested that the required right-of-way width for Palm Trail be reduced to 50 feet. The City Engineer has detennined that 60 feet of right-of-way is not necessary for Palm Trail and that the required sidewalk can be accommodated within the dedicated 5 feet: Also, the dedication would severely impact the ability to provide the necessary circulation, loading and parking areas on this site. Plattinsz The property currently has a metes and bounds description. As right-of-way dedications and reservations are necessary, and public improvements are proposed i.e water main and fire hydrant installation, the property must be platted pursuant to Chapter 5 of the Land Development Regulations. The plat instrument can be in the form of a boundary plat and conditioned on recordation prior to issuance of a Certificate of Occupancy for the proposed apartment. Site Plan Technical Items: The following are items do not require specific action of the Board, however, the items must be addressed with the submittal of revised plans. 1. The handicap parking space should be located immediately north of the building's entrance. 2. Along the west side of the property. the driveway/loading area width should be reduced to 12 feet and the landscape island increased to 8 feet in width, to increase the landscape buffer. 3. At the northwest comer of the site, within the area between the building and former gas pump island. an additional parking space should be accommodated and the paved area south of the concrete pad removed and landscaping provided. . 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 2.4.5(F)(5) (Site Plan Findinszs): 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. P & Z Board Staff Report Rezoning to SAD (Special Activities District) for Marina Delray Page 10 - As previously stated, the marina has existed at this location for many years. The residents to the south are buffered from the marina by a 6 foot high c.b.s. wall and an established tree line. The proposed improvements which include landscaping and parking upgrades, enclosing/screening the existing boat racks, and exterior improvements to the existing structures, will provide the upgrades necessary for a property that has been neglected for many years. These improvements will enhance rather than depreciate property values of the adjacent properties. OTHER ITEMS: Landscaoe Ae:reement As stated previously, a 15 foot perimeter landscape area is required along both George Bush Boulevard and Palm Trail. Due to the site constraints, this required landscaping would eliminate parking. Within the George Bush Boulevard and Palm Trail there is excess pavement that is to be removed to provide a landscape area. Within this area, the applicant has agreed to provide trees as well as hedge material which will be irrigated and maintained by the property owner. A formal landscape maintenance agreement must be submitted by the applicant in a form acceptable to the City Attorney. SAD Site Plan Modification Review and Aooroval Process: Substantial changes to an SAD including increases in intensity, change of uses etc. should .-. continue to be reviewed by both the Planning and Zoning Board and the City Commission. However, minor changes to SAD site plans should not. Therefore, it is recommended that the Board remand any modifications to this site plan for this project to the Site Plan Review and Appearance Board (SPRAB) for approval. In addition, language should be added to the SAD ordinance specifying that future modifications which are not substantial and do not deal with intensity or type of uses can be reviewed by SPRAB and processed as site plan modifications. REVIEW BY OTHERS: The rezoning is not in a geographic area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). . Site Plan Review and Appearance Board If the rezoning is approved, the landscape plan and building elevations will be reviewed by the Site Plan Review and Appearance Board. Public and Courtesy Notices: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. In addition, Courtesy notices were provided to the following homeowner's and neighborhood associations: .. ._-. P & Z Board Staff Report Rezoning to SAD (Special Activities District) for Marina Delray Page 11 * Beach Property Owners * Northeast Neighborhood * La Hacienda * North Federal Highway Task Team * Palm Trail Association * Progressive Residents of Del ray (PROD) * Unite Property Owners Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION: The re-establishment of the SAD zoning for the subject property is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Also, positive findings can be made with respect to Section 2.4.5(0)(5) (Rezoning Findings), that the SAD is more appropriate given the existing use of the property as a full service marina. In conjunction with the SAD zoning, an attendant site plan has been provided which shows landscape and parking upgrades adjacent to George Bush Boulevard. Additional improvements to the site are also proposed which include screening the existing boats and building improvements. These improvements will be an inducement to the area and may encourage redevelopment and development of surrounding properties. ALTERNATIVE ACTIONS: A. Continue with direction. B. Recommend approval of the rezoning request to SAD based upon positive findings with respect to Chapter 3 (performance Standards), Section 2.4.5(0)(5) (Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan Findings) of the Land Development Regulations,and policies of the Comprehensive Plan. C. Recommend denial of the rezoning request to SAD based upon a failure to make a positive finding with respect to Chapter 3.3.2 (Compatibility), and that pursuant to Section 2.4.5(D)(5) the rezoning fails to fulfill at least one of the reasons listed. . STAFF RECOMMENDATION: Recommend to the City Commission approval of the rezoning to SAD (Special Activities District) for Marina Delray based upon positive findings with respect to Chapter 3 (performance Standards), Section, 2.4.5(D)(5) (Rezoning Findings), and Section 2.4.5(F)(5) (Site Plan Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the following conditions: 1. That the boat repair aspect of the marina operation be limited to the hours of 8:00 a.m. to 6:00 p.m.; - 2. That a 5 foot right-of-way reservation be provided for George Bush Boulevard; . P & Z Board Staff Report Rezoning to SAD (Special Activities District) for Marina Delray Page 12 - 3. That a waiver be granted to Section 5.3.1(0)(2), to reduce the ultimate right-of-way width for Palm Trail from 60 feet to 50 feet, thus requiring dedication of 5 feet of right- of-way~ 4. That a landscape maintenance agreement be executed in a form acceptable to the City Attomey~ 5. That the property be platted.. pursuant to Chapter 5 of the Land Development Regulations and recorded prior to issuance of a Certificate of Occupancy for the apartment; 6. That a clean out must be installed on the sewer lateral which extends from the main onto the site; and, 7. That revised plans be submitted addressing the "Site Plan Technical Items" identified in this Staff Report. Attachments: * Appendix B * Location/Zoning Map * Site Plan * Landscape Plan . -------,._- APPENDIX 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-1 of the Traffic Element. . Not applicable Meets intent of standard -X Does not meet intent : c. Open Space enhancements described in Ope~ 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 -X 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 -X Meets intent of standard r 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 -X Meets intent of standard Does not meet intent I 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 -X : Meets intent of standard ~. Does not meet intent . . ~ " -...- -_.~._-_..-. . <- ~ i.'''' .. --.........~-- ----- - - - .(!~ -;;~O:>\'lI.LN -"'" , .... . ----.- - ----- ..:": -- . ; i I i I I . I I .1 I I . . . I I - I I I . a I 11 I 0 u I . . I I f . . .~ . . . I . . I W ... '-;"'" .'-'-. . V> . . .. ::1*'~~:. . C., . . : ~. ..... '~.~. .- .~ .' ~ .'~.;f;' .', . .:: ;..~,--,~ilJt ..~t"..,..~: ,.. ~ '~':'-'-'JSIXJ .tt 'E' . '-.' ~r . - . ;~ -;t- -- - ~ . I . , .- '" _..:._---- ~ "7~ W~ !i - !:~ ~~ ? .. ~~ , c '"Z i ~ I I --- I - - _J.\I'A\~3l\l'A\ - - 1\1' lS\f --_~N' ~ --- . - - ~ I i c iE i i i I J I c:: I rl 1.1 B . . I . I I I I . I ~ . X I u I S o _ .. 5 D D U I I "'7 - I r D D -.I I a.. . I t D D I iE D . I I CI') ~. I j::::l D D Z <[ D . I -.I I I I I I . l€ Ii --- 0 0 Ii Ii w .: ~ VI c B " 5- . " 0 il N '.i, ~~o !!!..~ ~ ~~ ~ . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJtt{ SUBJECT: AGENDA ITEM # I~.D - MEETING OF JUNE 6. 1995 FIRST READING FOR ORDINANCE NO. 32-95 (REZONING TO CBD-RC FOR PROPERTIES LOCATED ALONG THE F.E.C. RAILROAD CORRIDOR IN THE DOWNTOWN AREA) DATE: JUNE 2, 1995 This is first reading for Ordinance No. 32-95 which rezones property within several blocks in the downtown area from CBD (Central Business District), GC (General Commercial) and SAD (Special Activities District) to the newly' created CBD-RC (Central Business District-Railroad Corridor) zoning district. The subject properties are located along the F.E.C. railroad corridor in two general locations; one approximately between N.E. 4th and N.E. 2nd Streets, and the other between S.E. 1st and S.E. 6th Streets. The purpose of this rezoning is to apply the CBD-RC zoning classification to the light industrial type uses that currently exist in the downtown area in the vicinity of the railroad corridor. The CBD-RC district was created to recognize the longstanding light industrial character of the area, to provide for the expansion and upgrading of existing uses when appropriate, and to help provide employment opportunities in the downtown area. The proposed rezoning was reviewed and is supported by Pineapple Grove Main Street, the Downtown Development Authority, and the Community Redevelopment Agency. The Planning and Zoning Board formally considered the rezoning at public hearing on May 15, 1995, and voted 6 to 0 to recommend that it be approved. Recommend approval of Ordinance No. 32-95 on first reading. If passed, a public hearing will be held on June 20, 1995. f~/o ref:agmemo12 . . -- .- ~ , , I , CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN CITY MANAGER FROM: DIANEDOMINGUE~~r; DIRECTOR OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 6, 1995 CHANGE OF ZONING FROM CBD. GC. AND SAD TO CBD-RC FOR PROPERTIES LOCATED ALONG THE FEC RAILROAD CORRIDOR IN THE DOWNTOWN AREA ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval of a rezoning from CBD (Central Business District), GC (General Commercial) and SAD (Special Activities District), to the newly created CBD-RC (Central Business District-- Railroad Corridor) for properties located along the FEC railroad corridor in the downtown area. The rezoning affects several blocks, which are identified in the attached map. BACKGROUND: This rezoning involves several blocks in the downtown area that were the subject of a recent study conducted by the Planning and Zoning Department, the Community Redevelopment Agency, and the CBD Industrial Uses Committee. The result of that study was the creation of a new zoning district, CBD-RC, to be applied to those areas of the downtown that have traditionally been developed for light industrial uses. The creation of the district, and the rezoning of the subject properties, received unanimous support from the CRA, the DDA, and Pineapple Grove Main Street. The ordinance creating the CBD- RC zone was approved by the City Commission on second reading on May 16, 1995. The current action will affix that new zoning to the appropriate areas. Additional background information regarding the rezoning is contained in the attached P&Z Board staff report. City Commission Documentation Change of Zoning from CBD, GC, & SAD to CBD-RC for Properties Located Along the FEC Railroad Corridor in the Downtown Area Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The P&Z Board held a public hearing on this item at its meeting of May 15, 1995. One property owner and his representative asked to have his adjacent property included in the rezonjng. A representative for another property spoke in favor of the rezoning. Another person who owns property in the area asked that two existing office buildings on S.E. 2nd St. be excluded from the new district. The P & Z Board recommended 6-0 (Schwartz absent) that the rezoning be approved as submitted. RECOMMENDED ACTION: By motion, approve the rezoning from CBD (Central Business District), GC (General Commercial) and SAD (Special Activities District) to CBD-RC (Central Business District--Railroad Corridor), for certain properties located adjacent to the FEC Railroad corridor in the downtown area, identified as the hatched areas on the attached zoning map. Attachment: * P&Z Board Staff Report, including location map of areas to be rezoned u_ PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: MAY 15, 1995 AGENDA ITEM: V.D CHANGE OF ZONING FROM CBD (CENTRAL BUSINESS DISTRICT) , GC (GENERAL COMMERCIAL) AND SAD (SPECIAL ACTIVITIES DISTRICT) TO CBD-RC (CENTRAL BUSINESS DISTRICT--RAILROAD CORRIDOR) FOR PROPERTIES LOCATED IN THE DOWNTOWN AREA ADJACENT ~ TO THE F.E.C. RAIL CORRIDOR ITEM BEFORE THE BOARD: The item before the Board is that of rezoning several blocks in the downtown area from CBD, GC, and SAD, to the newly created zoning district known as CBD-RC, Central Business District--Railroad Corridor. The subject properties are located along the railroad corridor in two general locations, one approximately between N.E. 4th and N.E. 2nd Streets, and the other between S.E. 1st and S.E. 6th Streets. The attached location map indicates the exact area to be rezoned. B A C K G R 0 U N D This rezoning is the result of a study that was conducted by the Planning and Zoning Department and the CBD Industrial Uses Committee, which culminated in the creation of a new zoning district, the CBD-RC (Central Business District--Railroad Corr idor) . This district was created especially for application to the industrial area adjacent to the F.E.C. railroad corridor in the central business district area. The results of the study, and a full description of the background leading to this rezoning action, are contained in the April 17, 1995 Planning and Zoning Board staff report for the amendment to the Land Development Regulations creating the CBD-RC district. The LOR amendment creating the CBD-RC zoning district was approved by the City Commission on first reading on May 2, 1995. The second and final reading is scheduled for May 16, 1995. Approval of this rezoning will of course depend upon the Commission's final action on the LDR amendment. Z 0 N I N G A N A L Y S I S As noted in the Purpose and Intent statement of the CBD-RC district, this zoning classification is specifically intended to apply to the light industrial type uses that currently exist in downtown area, in the vicinity of the FEC railroad corridor. It was created to recognize the long-standing light . industrial character of the area, to provide for the expansion and upgrading of existing uses when appropriate, and to help provide employment opportunities in the downtown area. In addition to the full range-" of CBD uses, it allows fabrication and assembly, wholesale/distribution, contractors and trades. Food processing and dry cleaning are permitted as conditional uses, as is automobile repair (within the southern section of the district only). V.D. . P & Z Memorandum Staff Report Rezoning of CBD Industrial Area to CBD-RC Page 2 REQUIRED FINDINGS Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The land use designations that apply to the .subject area are Commercial Core,' Redevelopment Area 15, and General Commercial. As indicated in the report creating the CBD-RC district, this zoning is to be consistent with the Commercial Core and Redevelopment Area 15 land use designations. The property which currently has a General Commercial designation is being changed to Commercial Core. Thus, the rezoning will be consistent with the land use designations. In terms of uses, the CBD-RC district is being created to accommodate the special light uses that have developed over the years along the downtown rail corridor. The rezoning will have the effect of changing a number of currently nonconforming uses to permitted uses. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to level of service standards established within the Comprehensive Plan. The change of zoning will largely reflect existing uses, and is expected to have little, if any, impact on level of service standards. The uses that are permitted by the current zoning districts (GC, CBD, SAD) are primarily commercial in nature. Those uses will continue to be allowed in the new district. The light industrial uses that will be added with the rezoning are generally less intensive than commercial uses in terms of level of service standards. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur" that sufficient regulations exist to properly mitigate adverse impacts from the new use. The land use designations surrounding the proposed new district are Commercial Core, Community Facilities, and Redevelopment Area 15. Much of the southern section that is being rezoned is adjacent to residentially zoned and developed areas. While not the most desirable land use pattern, the subject area is already . developed wi th._ a combination of commercial and light industrial uses. Most of the uses that will be permitted in the CBD-RC are similar in intensity to those that are permitted under the CBD P & Z Memorandum Staff Report Rezoning of CBD Industrial Area to CBD-RC Page 3 and SAD regulations that currently apply to two of the blocks that are being rezoned. Thus the change will have minimal impact on compatibility for those areas. The rest of the area is currently zoned GC, however, it contains a number of currently nonconforming light industrial uses, including auto repair. In most cases the uses are separated from the residential areas by an alley, which is more desirable than having the uses face each other across a street. The change to CBD-RC will largely reflect a land use pattern that has been in existence for many years. The new district will include regulations on the screening of outside storage, which will help to mitigate visual impacts '. Certain uses, such as auto repair and detailing, are conditional uses, which requires a specific review process in order to be approved. These measures will help to ensure compatibility with adjacent uses in the area. Other: Future Land Use Element Policy A-5.l4: By June, 1993, the City shall either amend the Central Business District (CaD) Zoning District, or create a new zoning district, to facilitate the establishment of Industrial and Commerce areas as envisioned in the "Village Center" scenario. Commensurate with this activity, the City shall, if necessary, rezone appropriate properties. While it is occurring behind schedule, this rezoning action is consistent with the above stated objective. The "Village Center" scenario calls for a balance of commercial, office, residential, and industrial uses in the downtown area. This was to be accomplished, in part, through an increase in industrial and warehouse development. The original concept called for the development of an industrial park in the eastern part of Pineapple Grove. With the designation of the Pineapple Grove area as a Florida Main Street, the emphasis has changed to allow more of a mixture of different businesses and activities throughout the Main Street area. The CBD-RC zoning will allow all of the same uses as the CBD zoning, as well as a number of light industrial type activities that will enhance the area's employment base. LDR COMPLIANCE Section 2.4.5(D)(5) Rezoning Findings: Pursuant to Section 2.4.5(D)(1), Findings, in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning is being sought. These reasons include the following: . .' . P & Z Memorandum Staff Report Rezoning of CBD Industrial Area to CBD-RC Page 4 a. That the zoning had previously been changed, or was - l originally established in error; , r ~ b. That there has been a change in circumstances which . > make the current zoning inappropriate; f c. That the requested zoning is of a similar intensity as t allowed under the Future Land Use Map and that it is more . appropriate for the property based upon j circumstances particular to the site and/or {. neighborhood. l The applicable reason is "c" above. The new zoning is similar to what has traditionally been permitted along the F.E.C: corridor via the special overlay zone provisions, and will primarily accommodate existing uses. Given the previously noted problems with the overlay zone, this new district was created specifically to apply to this area. It is therefore more appropriate for the area based upon those special circumstances. DEVELOPMENT STANDARDS The rezoning will result in minimal change in terms of physi~al development. The standards for setback, height, and minimum area in the CBD-RC zone will be the same as those of the CBD and GC zoning districts. The parking regulations mirror those of the CBD district. The new district will require the screening of all outside storage within a year of the rezoning, which should help to improve the overall appearance of the area. REV I E W B Y o THE R S The creation of the CBD-RC district, and its application to the subject area, was reviewed and unanimously approved by the following organizations and/or agencies on the dates noted: * Pineapple Grove Main Street March 8, 1995 * Downtown Development Authority March 29, 1995 * Community Redevelopment Agency April 12, 1995 R E COM MEN D E 0 ACT ION By motion, recommend to the City Commission the rezoning from CBD (Central Business District), GC (General Commercial), and SAD (Special Activities District) to CBD-RC (Central Business District--Railroad Corridor) , for those properties adjacent to the F.E.C. railroad corridor in the downtown area, identified as the hatched areas on the attached zoning map. Attachments: - * Map of area to be rezoned T:CBDRCREZ.DOC -.. ----.-- . . ._~.. _._,_ ...._..... . ~ _~.. "o_.~....' _ _'. ~.. _. . _'~' ..~._.. ....'......_.~__. .... _~.~.__.. ._ ~ _.. _~____"',~.J____._~"...,,_. _ __ ORDINANCE NO. 32-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT), IN PART, GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND SAD (SPECIAL ACTIVITIES DISTRICT), IN PART, IN THE CBD-RC (CENTRAL BUSINESS DISTRICT--RAILROAD CORRIDOR) 1 DISTRICT; SAID LAND BEING GENERALLY LOCATED IN THE : DOWNTOWN AREA ADJACENT TO THE F.E.C. RAILROAD i CORRIDOR, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned CBD (Central Business District), in part, GC (General Commercial) District, in part, and SAD (Special Activities District), in part; and WHEREAS, at its meeting of May 15, 1995, the Planning and I Zoning Board for the City of Delray Beach, as Local Planning Agency, ! considered this item at public hearing and voted 6 to 0 to recommend approval of the rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of , the City of Delray Beach, Florida, dated April, 1994, be amended to : reflect the revised zoning classification. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CBD-RC (Central Business District--Railroad Corridor) District for the following described property: Beginning at the point of intersection of the centerline of S.E. 1st Street and the northerly projection of the centerline of the north-south alley in Block 78, TOWN OF LINTON (according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); thence in an easterly direction along said centerline of S.E. 1st Street to a point of intersection with the east right-of-way line of the Florida East Coast Railroad; thence southerly along said railroad right-of-way line to a point of intersection with the ~ ...~ ,...... _. ,-' ~..., - ."-'--~-_.~ .- -,..... ~~.._--_._.~.'. ~-*'~.;~- '-' "~., ..---.... centerline of S.E. 2nd Street; thence easterly along said centerline to a point of intersection with the centerli~e of S.E. 3rd Avenue; thence southerly along I said centerline of S.E. 3rd Avenue to a point of intersection with .the easterly projection of the centerline of the east-west alley of Block 87, LINNS ADDITION TO OSCEOLA PARK (according to the Plat thereof as recorded in Plat Book 1, Page 133 of the Public Records of Palm Beach County, Florida) ; thence westerly along said projection and centerline of said alley to a point of intersection with the centerline of the north-south alley of said Block 87; thence southerly along said centerline and projection thereof, to a point of intersection with the i I centerline of S.E. 3rd Street; thence southerly to I a point of intersection with the westerly projection of the north line of Lot 13, Block 88, of said Plat of LINNS ADDITION TO OSCEOLA PARK, and the centerline of I the north-south alley of Block 88, of said Plat of I LINNS ADDITION TO OSCEOLA PARK; thence southerly along said centerline and projection thereof to a point of intersection with the centerline of S.E. 4th Street; thence westerly along S.E. 4th Street centerline to a point of intersection with the west right-of-way line of the Florida East Coast Railroad; thence southerly along said right-of-way line to a point of intersection with the centerline of S.E. 6th Street; thence westerly along said centerline to a i point of intersection with the centerline of S.E. 1st i Avenue; thence northerly along said centerline of S.E. 1st Avenue to a point of intersection with the centerline of S.E. 4th Street; thence easterly along I said centerline of S.E. 4th Street to a point of : intersection with the centerline of the continuation of S.E. 1st Avenuei thence northerly along said I centerline of S.E. 1st Avenue to a point of intersection with the centerline of S.E. 3rd Streeti thence easterly along said centerline of S.E. 3rd i I Street to a point of intersection with the southerly I I projection of the east lot line of Lot 14, Block 79, of said Plat of TOWN OF LINTON; thence northerly along said projection and the east lot line of Lots i 14, 13, 12, 11, 10, 9, 8, 7 and 6 to the northeast corner of Lot 6, Block 79; thence w~sterly along the north lot line of said Lot 6 and the projection thereof to a point of intersection with the centerline of S.E. 1st Avenue; thence northerly along - 2 - Ord. No. 32-95 . ~.._. ._~_.-._---- -,,---, '-. --,-~ -,~-~ ..~, .P..-~ ~..-...~~,---- -~.--~-~._~ ,- said centerline to a point of intersection with the centerline of S.E. 2nd Street; thence easterly along said centerline of S.E. 2nd Street to a point of intersection with the southerly projection of the centerline of the north-south alley of Block 78, of the said Plat of the TOWN OF LINTON; thence northerly i ! along said projection and centerline, and northerly projection of said centerline to the point of I beginning. I 1 , AND Beginning at the point of intersection of the centerline of N.E. 4th Street and the northerly projection of the centerline of the north-south alley in Block 81, TOWN OF LINTON (according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida) ; thence in an easterly direction along the centerline of N.E. 4th Street to a point of intersection with the northerly projection of a line 135 feet west of and parallel with the east lot line of Lot 1, Block 97, HIGHLAND PARK (according to the Plat thereof as recorded in Plat Book 2, Page 79 of the Public Records of Palm Beach County, Florida) ; thence southerly along said projection and line to a point of intersection with the north lot line of Lot 4, said Block 97; thence westerly along said lot line to a point of intersection with the centerline of N.E. 3rd Alley; thence southerly along said centerline to a point of intersection with the westerly projection of the north lot line of Lot 9 of said Block 97; thence easterly along said projection to a point of intersection with a line 220 feet west of and parallel to the east lot line of said Lot 9; thence southerly along said line to a point of intersection with the south lot line of said Lot 9; thence westerly along said lot line to the southwest corner of said Lot 9; thence southerly along the west lot line of Lot 10, Block 97, to the southwest corner of said Lot 10; thence easterly along the south lot line of said Lot 10 to a point of intersection with the northerly projection of the west lot line of Lot 11, Block 97; thence southerly along said projection and the west lot line of Lots 11, 12, 13, 14 and the southerly projection of the west lot line of Lot 14, all of said Block 97, to a point of intersection with - 3 - Ord. No. 32-95 . . -- .. u~_ _, --- the centerline of N.E. 3rd street; thence in a southerly direction to the northeast corner of Lot 14, Block 98, L.R. BENJAMIN'S SUBDIVISION (according to the piat thereof as recorded in Plat Book 12, Page 18 of the Public Records of Palm Beach County, Florida) ; thence in a southerly direction along the east lot lines of Lots 14, 15, 16, 17, 18, 19, 20, 21, 23 and the southerly projection of the east line of Lot 23, Block 98, to a point of intersection with the centerline of N.E. 2nd Street; thence westerly along said centerline to a point of intersection with ! the centerline of the north-south alley of Block 82, TOWN OF LINTON (according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); thence northerly along said centerline of Block 82, and the northerly projection of said centerline, to a point of intersection with the centerline of N.E. 3rd Street; thence in an easterly direction to a point of intersection with the centerline of N.E. 3rd Street and the southerly projection of the centerline of the north-south alley in Block 81, TOWN OF LINTON (according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); thence northerly along said centerline, and northerly projection of said centerline to the point of beginning. LESS the following described property: Begin at the northeast corner of Lot 1, L.R. BENJAMIN'S SUBDIVISION as recorded in Plat Book 12, Page 18 of the Public Records of Palm Beach County, Florida, and run on an assumed bearing of S 00 degrees 181 39" W along the east line of Lots 1, 2 and 3 for 137.00 feet; thence run N 88 degrees 491 54" W for 94.42 feet; thence N 09 degrees 45' 36" E along a line 50.00 feet westerly of as measured at right angles to the west lines of said Lots 1, 2 and 3 for 138.54 feet; thence S 88 degrees 49' 54" E along the westerly extension of and north line of said Lot 1, L.R. BENJAMINIS SUBDIVISION, for a distance of 71.67 feet to the Point of Beginning. The subject properties are located along the F.E.C. Railroad corridor in two general locations; one approximately between N.E. 4th Street and N.E. 2nd Street, and the other between S.E. 1st Street and S.E. 6th Street. - 4 - Ord. No. 32-95 , . . -- ~."_.. .~ Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Be.ach, Florida, to conform with th'e provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in , conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. 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. i , i i MAY 0 R I ATTEST: City Clerk i First Reading i Second Reading I i ! I - 5 - Ord. No. 32-95 IT c~ ~Tn I ~mll I --Il::J I f==:j b(; c. 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I I r ~ lIlII ~ BEl ~;::: ~ E'S POD f-( ~ S~~~ I IIII L- 4~t-i8Sfl-l=Ir=l~ U l N .' - NEW CBD-RC ZONE DISTRICT PLANNINC OEPARn.CNT ON Of" DELRAY BEAOl. n. - - {)IC/lAJ. [)AS[ UAP SYS rrAl -- . .., '\ , CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN CITY MANAGER - FROM: DIANE DOMINGUEZ ~ DIRECTOR OF PLANN SUBJECT: MEETING OF JUNE 6, 1995 LOR AMENDMENT DELETING SPECIAL USE PROVISIONS FOR PROPERTIES LOCATED WITHIN 100' OF THE F.E.C. RAILROAD IN THE CBD ZONING DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is the approval of an amendment to Sections 4.4.13(H)(3) and (4), Central Business District (CBD), Special Regulations, deleting the special use provisions for the light industrial area along the F.E.C. rail corridor in the downtown area. BACKGROUND Currently there exists a provision in the CBD zoning regulations that allows certain uses of a light industrial nature to be conducted in an area that is generally defined as being 1 DO' on either side of the railroad, north of N.E. 1st Street, and south of S.E. 1st Street. This "overlay zone" as described has created difficulties in implementation and enforcement. In some cases the boundaries cross through the middle of the lots. It also includes some properties that are zoned General Commercial, and not CBD. In addressing these problems, and the uses in this area, the CBD Industrial Committee determined that it would be more appropriate to create a separate zoning district along the rail corridor. With the creation and application of that new zoning district, it is necessary to eliminate the overlay zone. It should be noted that there are certain areas that are now contained within the overlay zone, that are not proposed to be rezoned to CBD-RC. Information on those areas, as well as additional background and analysis, is contained in the attached P & Z Board staff report. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board held a public hearing on this item on May 15, 1995. There was no testimony from the public. The Board voted unanimously to recommend approval of the amendment. RECOMMENDED ACTION By motion, approve the amendment deleting Sections 4.4.13(H)(3) and (4) of the Land Development Regulations. Attachment: ~~o * P & Z Staff Report J:<.E. .-. -- ._.~- . ORDINANCE NO. 33-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT" , SUBSECTION 4.4.13(H), "SPECIAL REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY DELETING SUBPARAGRAPHS 4.4.13(H)(3) AND 4.4.13(H)(4) IN THEIR ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting ..of May 15, 1995, and has forwarded the change with 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 4.4.13, "Central Business (CBD) District" , Subsection 4.4.13(H), "Special Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by repealing subparagraphs 4.4.13(H) (3) and 4.4.13(H)(4) in their entirety, to delete the special use provisions for the light industrial area along the F.E.C. Railroad corridor in the downtown area. 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 decl~red to be invalid. 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 th~ day of , 1995. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 33-95 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: MAY 15, 1995 AGENDA ITEM: V.J. AMENDMENT TO THE LDRS DELETING THE SPECIAL USE PROVISIONS FOR PROPERTIES LOCATED WITHIN 100' OF THE FEC RAILROAD IN CERTAIN AREAS OF THE CBD ZONING DISTRICT ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding . an amendment to the Land Development Regulations (LDRS) . The affected LDR sections are 4.4.13(H)(3) and (4), Central Business District ( CBD) , Special Regulations. BACKGROUND: Since the 1950's, an "overlay" zone has existed which applies to the blocks located adjacent to the F.E.C. railroad corridor in the downtown area. Within this area, certain uses of a light industrial character have been permitted which are not permitted elsewhere within the overall zoning district. Although the boundaries of the overlay zone have been modified over the years, it has primarily consisted of the area that is 100' on either side of the railroad right-of-way, between N.E. 4th Street and S.E. 4th Street. Currently the overlay zone consists of two sections that are described within the Central Business District zoning district . regulations, as referenced above. The locations as described have created difficulties in implementation and enforcement. In some cases the boundaries cross through the middle of lots, and in others they include blocks that are zoned GC (General Commercial) and not CBD. In response to these and other problems experienced in this part of the downtown, a committee was established to study the area and determine the appropriate course of action. The can Industrial Area Committee recommended that the overlay zone be replaced by a, new zoning district entitled CBD-RC, Central Business District--Railroad Corridor. With the creation and application of that zoning district, it is necessary to eliminate the language in the caD regulations referring to the overlay zone. ANALYSIS: This amendment. deletes LDR sections 4.4.13(H)(3) and (4 ) in their entirety. As the overlay zone is being replaced by the new district, it is appropriate to delete the references to that zone. V.J. . . P & Z Memorandum Staff Report LDR Amendment Deleting the CBD Overlay Zone Page 2 In most cases the replacement of the overlay zone with the CBD-RC district will allow increased flexibility in the types of permitted and conditional uses allow. However, there are some areas that are currently included in the overlay zone, but were not recommended by the committee for rezoning to CBD-RC. One of these areas includes the blocks on either side of the railroad between N.E. 1st and N.E. 2nd Streets. The committee felt that the existing uses, which mainly consist of single family homes, vacant property, and a newly constructed building (for carpet sales and carpet cleaning machines and supplies) were more appropriately zoned CBD. In addition, the area immediately east of the railroad and just south of N.E. 4th Street was not included in the CBD-RC. These lots front on Federaf Highway, and the committee did not want to see light industrial type uses established along that corridor. This amendment is the final step in a series of actions that were necessary to create and apply the CBD-RC zoning district. Additional analysis regarding the basis for this amendment is contained in the April 17, 1995 P & Z staff report for the LOR amendment creating the CBD-RC zoning district, and in the May 15, 1995 P & Z staff report for the rezoning to CBD-RC. RECOMMENDED ACTION: By motion, recommend to the City Commission the amendment to the Land Development Regulations deleting Sections 4.4.13(H)(3) and ( 4) . Attachments: - * Proposed LOR amendment - - . - Proposed amendment to LOR Section 4.4.13(H) of the Land Development Regulations (Central Business District--Special Regulations): (31 WItHIri tHe @e0.@tApHIt AteA ~0.~ri~e~ ~Y 1991 0.t eItHet sl~e 0.f tHe 'E~ RAIlwAY RI@Htf0.tfwAY/ "lEI ItH Stteetl Ari~ S/EI ItH stteetl Ari~ In tHe @e0.@tapKIt atea ~0.an~e~ ~t 1991 0.t eItKet sl~e 0.t tHe 'E~ RAIlwAY RI@Ktf0.tfWAY/ S/EI 2ri~ Stteetl S/EI 3t~ Ayeri>>el tHe to.lI0.wln@ A~~ltl0.nAl ases ate all0.we~ as petmItte~ a~e~J (Al WateK0.ases f0.t st0.ta@e 0.t mettKan~lse wKen Attess0tt to an~ l0.tate~ 0n tKe sa~e patte I ~ 0f lan~ as tHe ptl~Att t0mmettIal >>sel . 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' M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tift1 SUBJECT: AGENDA ITEM i /~.~ - MEETING OF JUNE 6. 1995 FIRST READING FOR ORDINANCE NO. 34-95 (TAX EXEMPTION FOR HISTORIC PROPERTIES) DATE: JUNE 2, 1995 This is first reading for Ordinance No. 34-95 which amends the Land Development Regulations by enacting a new subsection 4.5.1(M), "Tax Exemption for Historic Properties". It authorizes a partial ad valorem tax exemption for qualifying improvements to historic properties and is intended to encourage more restoration, renovation and rehabilitation of these properties in an ongoing effort to stabilize and improve property values in the City. The ordinance establishes requirements and procedures in order to receive and maintain an exemption for the specified term, and designates the Historic Preservation Board to review applications and make recommendations to the City Commission. It also provides for revocation of the exemption in the event the applicant fails to maintain the property according to the terms and conditions of the Historic Preservation Exemption Covenant. This ordinance was first reviewed in April, 1994. Action was delayed to allow additional time to address concerns expressed by the Community Redevelopment Agency and for further review by the Historic Preservation Board and the Planning and Zoning Board. Questions raised have been addressed and are included in the attached staff report. On February 9, 1995, the CRA recommended the ordinance for approval. On March 15th, the Historic Preservation Board unanimously recommended approval. On May 15, 1995, the Planning and Zoning Board voted unanimously to recommend approval of the ordinance. Recommend approval of Ordinance No. 34-95 on first reading. If passed, a public hearing will be held on June 20, 1995. Lito' cP P~~61 j;Jflj ) ref:agmemo10 , . -- ORDINANCE NO. 34-95 AN ORDIN~CE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION 4.5.1(M), "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO AUTHORIZE AD VALOREM TAX EXEMPTIONS FOR HISTORIC PROPERTIES; ESTABLISHING REQUIREMENTS AND PROCEDURES; DESIGNATING THE HISTORIC PRESERVATION BOARD TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION; ESTABLISHING PENALTIES; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the citizens of Florida amended the Florida Constitution, Article 7, Section 3(e), to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation or rehabilitation of the historic properties; and WHEREAS, the Florida legislature enacted Sections 196.1997 and 196.1998, Florida Statutes (1992) to govern the allowance of such exemptions; and WHEREAS, the City Commission desires to create a partial ad valorem tax exemption for qualifying improvements of historic properties as a means to encourage more restoration, renovation and rehabilitation of such properties and to stabilize and improve property values in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4 . 5 , "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subsection 4.5.1(M), "Tax Exemption for Historic Properties", to read as follows: 4.5.1(M) Tax Exemption for Historic Properties. ( 1 ) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated in Section 4.5.1(M)(4). Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the . City of Delray Beach on 100% of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. The above exemption does not apply to: (a) Taxes levied for payment of bondsj (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitutionj or (c) Personal property. (2 ) Duration of Tax Exemption. (a) The exemption period shall be for ten ( 10) years, beginning January 1st following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a lesser term if requested by the property owner in the original application. (b) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. ( 3 ) Effective Date of Exemption. The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved, have been transmitted to the Palm Beach County Property Appraiser. (4 ) Qualifying Properties and Improvements. (a) The following real prop~rty in the City is qualifying property for the purposes of this ordinance if at the time the exemption is approved by the City Commission, the property: - 2 - Ord. No. 34-95 .-.,,-.- _. (1) is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of. 1966, as amended, or (2 ) is a contributing property to a National Register-listed district; or ( 3 ) is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and ( 4 ) has been certified by the Historic Preservation Board as satisfying (a)(l), ( 2 ) , or ( 3) . (b) For an improvement to a historic property to qualify the property for an exemption, the improvement must: (1) be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; (2 ) be determined by the Historic Preservation Board to meet criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as amended, and ( 3 ) be consistent with Section 4.5.1(E), "Development Standards", of the City's Land Development Regulations. ( 5 ) Evaluation of Property Used for Government or Nonprofit Purposes. (a) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Section 617.013, Florida Statutes. (b) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. - 3 - Ord. No. 34-95 . (6) Application for Exemption. Any ..property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must file a written application with the Planning and Zoning Department. The application shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources. Part 1 of the application, the Preconstruction Application, shall be submitted before qualifying improvements are initiated and Part 2, the Final Application/Request for Review of Completed Work, shall be submitted upon completion of the qualifying improvements. The Final Application shall contain the Historic Preservation Exemption Covenant, as provided for herein. (7) Part 1. Preconstruction Application. A Preconstruction Application shall be filed with the Planning and Zoning Department before the qualifying project is initiated. The Preconstruction Application shall also contain information concerning the proposed cost of the qualifying improvement - and be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property. Upon receipt of the Preconstruction Application, the Historic Preservation Planner shall review the application and determine whether the application is complete and whether the property satisfies the requirements of Section 4.5.1(M)(4)(a) and is therefore eligible for review by the Historic Preservation Board. (8) Review of Preconstruction Application by the Hi storie Preservation Board. The Historic Preservation Board shall review the Preconstruction Application within 60 days of the Historic Preservation Planner I s determination of eligibility. If all or part of the proposed work involves exterior work requiring the issuance of a Certificate of Appropriateness, the exterior portion of the work shall be reviewed in accordance with the Certificate of Appropriateness process simultaneously with the Part 1, Preconstruction Application. If site plan approval or a variance is required for the project, the respective applications shall be presented to the Historic Preservation Board in conjunction with the Certificate of Appropriateness review process. A Preconstruct ion Application which requires a Certificate of Appropriateness shall not be considered until the Certificate of Appropriateness is approved by the Historic Preservation Board. - 4 - Ord. No. 34-95 - (a) If the Historic Preservation Board determines that the work as proposed is a qualifying improvement and is in compliance with the review .standards contained in Section 4.5.1(M)(4), the Preconstruction Application and, if applicable, the Certificate of Appropriateness shall be approved by the Historic Preservation Board, and the Board shall issue a written order to the applicant. (b) If the Historic Preservation Board determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1(M)(4), the applicant shall be so advised in writing. (9 ) Issuance of Other Permits or Approval. The Building Department must review and approve all preconstruction Applications with respect to the applicable code requirements before issuing a building permit. The Building Department shall review all plans prior to the Historic Preservation Board's review. ( 10) Part 2. Final Application/Request for Review of Completed Work. (a) If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1(M)(4), the Board shall approve the Final Application/Request for Review of Completed Work and issue a written order to the applicant. The City will inspect the completed work to verify such compliance. The review of the Historic Preservation Board shall be completed within thirty (30) days of the receipt of the Final Application/Request for Review of Completed Work. (b) The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total cost of the qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills, AlA Form 702-703, cancelled checks, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documents, the Historic Preservation Board shall conduct a review at a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance with the work described in the Preconstruction Application, approved amendments, if any, and Section 4.5.1(M)(4)(b). After the above review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. - 5 - Ord. No. 34-95 . --. ------ (c) If the Historic Preservation Board determines that the work as completed is either not a qualifying improvement or is not in compliance wi~h the review standards contained in Section 4.5.1(M)(4), the applicant shall be advised that the Final Application has been denied. Such denial shall be in writing and the Historic Preservation Planner shall provide a written summary of the reasons for the determination. (11) Appeal to the Historic Preservation Board's Decision. Review and reversal of any action taken by the Historic Preservation Board is appealable to the City Commission pursuant to Section 2.4.7(E), "Appeals". (12) Approval by the City Commission. Upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the Final Application shall provide the name of the owner of - the property, the property address and legal description, require the owner to record the restrictive covenant as provided in Section 4.5.1(M)(13) in the official records of Palm Beach County as a condition of receiving the exemption, the period of time the exemption will remain in effect, and the expiration date of the exemption. ( 13 ) Historic Preservation Exemption Covenant. To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant shall be in a form as established by the Department of State, Division of Historical Resources, and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous - 6 - Ord. No. 34-95 years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in '. those years, plus interest on the difference calculated as provided in Sec. 212.12(3), Florida Statutes. ( 14) Completion of Work. An applicant must complete all work within two ( 2 ) years following the date of approval of a Part 1 Preconstruction Application by the Historic Preservation Board. A Preconstruction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two ( 2 ) years following the date of approval of the Preconstruction Application. The City Commission, upon the recommendation of the Historic Preservation Board, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. (15 ) Notice of Approval to the Property Appraiser. Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planner, the Preservation Planner shall transmit a copy of the approved Final Application/Request for Review of Completed Work, the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. ( 16) Revocation Proceedinqs. (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. (b) The Historic Preservation Board shall provide notice to the current owner of record of the property and hold a revocation hearing in the same manner as in Section 4. 5. 1 (M) ( 10) , and make a recommendation to the City Commission. - 7 - Ord. No. 34-95 . .- (c) The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as -to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 4 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. ( 17) Reapplication. An applicant previously granted a Historic Preservation Tax Exemption by the Historic Preservation Board may undertake an additional substantial improvement project during the Exemption Period, or following its expiration, and reapply for an additional _ Historic Preservation Tax Exemption for such subsequent work. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 8 - Ord. No. 34-95 "_..- ~\ . ~) c ) v CITY COMMISSION DOCUMENTATION TO: D VID:. HA~ MANAGER FROM: D UEZ, DI~~ DEPARTMENT OF PLANNING AN ZONING SUBJECT: MEETING OF JUNE 6. 1995 AMENDMENT TO THE LDRS ALLOWING FOR AN EXEMPTION FROM CERTAIN PROPERTY TAXES WHEN ASSOCIATED WITH IMPROVEMENTS TO HISTORIC STRUCTURES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of an amendment to the Land Development Regulations (LDRs), creating a new subsection 4.5.1 (M), "Tax Exemption for Historic Properties." BACKGROUND: This item was the subject of a City Commission workshop discussion in April of last year. The ordinance was drafted subsequent to a constitutional amendment approved by Florida voters allowing local governments to authorize property tax exemptions for improvements to historic structures. The intent of the ordinance is to provide incentives for the restoration and preservation of historic properties, and to assist in efforts to revitalize older neighborhoods. Adoption of the ordinance was delayed in response to concerns expressed by the CRA over the potential impact of the exemptions on its tax base. In particular, there was concern that recipients of CRA loans might also apply for the tax exemption, thus receiving a double benefit that would detract from the agency's ability to fund future loans. This issue was discussed further at the CRA's meeting of February 9, 1995. at which time it was recommended for approval. Additional background and analysis related to the ordinance is contained in the attached Planning and Zoning Board staff report. . City Commission Documentation LOR Amendment RE: Tax Exemption for Historic Structures Page 2 - PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board first considered this item at its meeting of March 20, 1995. The Board had certain questions regarding the implementation of the exemption, and continued the item. Those questions were addressed in the attached staff report. On May 15, 1995, the Board voted unanimously to recommend approval of the ordinance. RECOMMENDED ACTION: 0 By motion, approve the amendment creating LOR subsection 4.5.1 (M), "Tax Exemption for Historic Properties." Attachment: 0 P&Z Staff Report of May 15, 1995 - .,-"." PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT .! , ~. MEETING OF: MAY 15, 1995 t AGENDA ITEM: V.K. - AMENDMENT TO THE LAND DEV~LOPMENT {'I . . REGULATIONS ALLOWING FOR AN EXEMPTION FROM ;:' CERTAIN PROPERTY TAXES WHEN ASSOCIATED WITH ;.\. IMPROVEMENTS TO HISTORIC PROPERTIES. ~ ITEM BEFORE THE BOARD: . , , The item before the Board is that of recommending to the .t City Commission approval of an amendment to the Land Development Regulations to allow for an exemption from ~ certain property taxes when associated with improvements to {, Historic Properties. BACKGROUND: On November 3, 1992 Florida voters approved an amendment to the State Constitution that allows local governments to provide property tax exemption on improvements to historic properties. The Florida Legislature enacted Section 196.1997 and 196.1988 to govern the allowance of such exemptions. The goal of this legislation is to encourage preservation and rehabilitation of historic properties and to assist in efforts to revitalize older neighborhoods and commercial areas. Section 196.1997 provides a great deal of flexibility for . communities in drafting an incentive ordinance. The Historic Preservation Board recommended that a draft ordinance be prepared and has made suggestions with respect to the philosophy and objectives of the ordinance as follows: Encourage restoration, renovation and rehabilitation without adversely affecting the property tax base or finances of the City. Assure that the work visibly improves the exterior of the property ~nd therefore improves the neighborhood. Assure that the program is easy to administer by the City. Assure that the incentive is significant enough that property owners will want to participate. On April 5, 1994 a draft of the proposed ordinance for the City was sent to a City Commission Workshop meeting for comments. V.K. . P&Z Board Memorandum Staff Report Amendment to the LDRs Allowing for an Exemption from Certain Property Taxes when Associated with Improvements to Historic Properties. ..- Page 2 The Commission. favored the ordinance but had concerns with respect to. its impact on the CRA's tax base, as the majority of eligible properties are located within its boundaries. It was felt that by exempting certain property taxes less money would be collected for the CRA's interest free loan program. Applicants applying for both the exemption and the loan would be doubly depriving those whose properties were not historically eligible and who depend on the loan program for help with renovation. The Commission recommended that a draft of the ordinance be submitted to the CRA. . On May 4, 1994 the Historic Preservation Board reviewed and i approved the final draft of the ordinance with several minor I changes in the language. The Board agreed to make its formal r recommendation to the Planning and Zoning Board after comments f from the eRA were received. t The CRA reviewed the final draft at its meeting of May 12, 1994, however, no formal comments were forthcoming. On February 9, 1995, the CRA Board considered the ordinance again, and recommended that it be adopted with the proviso that an individual exercising the tax exemption not apply for a CRA subsidized loan. This will prevent owners of historic - properties from receiving the double benefit of an interest free rehabilitation loan and a tax exemption for the improvements. On March 20, 1995, the P & Z Board considered the amendment and, because of questions and concerns, deferred the action to its meeting of May 15, 1995. The following analysis addresses some of the questions and concerns that were expressed by the Board. . ANALYSIS OF THE PROPOSED ORDINANCE: A property would qualify for tax exemption if it is individually listed on the National Register of Historic Places; is individually listed on the Local Register of Historic Places; or is a contributing (historic) structure located within one of the City's four Historic Districts. * The Board wanted assurance that this is clearly worded in the ordinance. Section 4.5.1(M)(4)(a) Qualifyinq Properties, on page 2 of the ordinance indicates which properties are eligible as required by F.S. 196.1997. The tax exemption will be available to owners of qualifying residential and commercial properties for a period of 10 years. * Board members questioned the 10 year exemption period and felt,that this might put an undue burden on the City's tax base and that it should perhaps be reduced to 5 years. P&Z Board Memorandum Staff Report Amendment to the LDRs Allowing for an Exemption from Certain Property Taxes when Associated with Improvements to Historic Properties. Page 3 Section 1- F.S. 196.1997 (Ad valorem tax exemptions for historic properties),(5) states that lithe ordinance must specify that any exemption granted remains in effect for up to 10 years with respect to any particular property regardless of any change in the authority of the county or municipality to grant such exemptions, or any change in ownership of the property". The text of the City ordinance may be changed to. specify "a period of up to 10 years". However, when t. ,- the period of exemption is optional, the City t- ,- Commission must establish the period of exemption for , each individual property. - i ., j: The arguments in favor of allowing the maximum ten , year time period are as follows: \; Rehabilitation and adaptive re-use of historic properties stabilizes and improves property values and will ultimately enhance the property tax base of the City. The 10 year exemption provides the best possible positive financial incentive for rehabilitation of historic properties. The covenant that accompanies the exemption requires that a property's improvements be maintained for the period of the exemption. A 10 year period assures that the improvements are maintained long enough to have a substantial positive impact on the surrounding neighborhood. - Qualifying properties will be exempt from that portion of ad valorem taxes levied by the City on 100% of the increased and assessed value resulting from the renovation. The exemption does not apply to taxes levied for payment of bonds, or taxes authorized by a vote of the electors. The exemption does not apply to personal property. * The Board had questions with respect to the Property Appraisers- assessments and method of evaluation of the improvements. The Property Appraisers office will assign a percentage of the dollar value of the improvements to the total assessed value of the property. For example, $50,000 of improvement to a property assessed at $100,000 would result in a new assessed value of $150~000. Thus 33% of the new assessed value will be forgiven. Therefore, if the property values decline or increase in the area, the tax abatement would remain at 33% of the yearly assessed value. . P&Z Board Memorandum Staff Report Amendment to the LDRs Allowing for an Exemption from Certain Property Taxes when Associated with Improvements to Historic Properties. - Page 4 The ordinance contains a reapplication clause which allows the applicant to reapply for an additional tax exemption for a substantial improvement to the property during or after the exemption period. * The Board questioned the advisability of the reapplication ti clause. ~. ., -: The reapplication clause taken from the Orlando ,~' was t; ordinance, which was one of the first tax abatement . .~ ordinances written and was used as a model by other .1 municipalities. Nothing in F.S 196.1997 prevents a ~ reapplication clause. However, very few of the tax " .iI abatement ordinances that staff has reviewed contain ~ this clause. It is probably advisable to eliminate the ~ reapplication clause from the ordinance, unless it is # linked to a very substantial improvement to the ~ exterior. All exemption applications will be submitted on a form which has been adopted by the Department of State and all applications will be reviewed by the Historic Preservation Board through the Certificate of Appropriateness process. After reviewing the - application at a public meeting the Historic Preservation board will then recommend that the City Commission grant or deny the application. A majority vote of the City Commission will be required to approve the tax exemption. The applicant must complete the renovation within 2 years of the initial exemption application. The tax exemption will become effective on January 1 of the year following completion of the work. . * The Board questioned the 2 year completion period and felt that it seemed too generous. The suggestion was made to limit the completion period to 1 year and allow the applicant to apply for an extension. The two year completion date is allowed in all the ordinances staff has reviewed and is recommended by the Division of Historical Resources. . In some cases the applicants will have to phase the financing of the project. For example, adding a bedroom and bath in one year and restoring the exterior in the next. Requesting an extension would require considerably more staff time as the necessity for an extension would have to be documented for HPB review. Documentation would require inspection of the property and proof of financial or other hardship. The ordinance'- states that the tax exemption shall continue regardless of change in ownership of the property. _"'..w_ P&Z Board Memorandum Staff Report Amendment to the LDRs Allowing for an Exemption from Certain property Taxes when Associated with Improvements to Historic Properties. Page 5 * The Board was concerned that the tax abatement runs with the property and not with the owner. Section 1. F.S. 196.1997(5) states that the ordinance must specify that any exemption granted remains in effect" for up to 10 years with respect to any particular property, regardless of any change in the authority of the county or municipality to grant such exemptions, or any change in ownership of the property. . Additionally, the covenant that accompanies the exemption requires that a property's improvements be maintained for the period of the exemption. Having-the exemption run with the land assures that the improvements are maintained for the duration of the exemption, long enough to have a substantial positive impact on the surrounding neighborhood. The ordinance states that in order for proposed rehabilitation to qualify for exemption the improvements must conform to the Rules adopted by the Department of State; and be consistent with Section 5.4.1(E) of the Historic Preservation ordinance which includes the criteria set forth by the Secretary of the Interior's Standards for Rehabilitation. * The Board questioned how much additional staff time will be needed to assure that the improvements qualify for exemption. Some additional staff time will be required. However, . the application is extensive and must be completed by the applicant, and not staff. The application will be processed through the regular Certificate of Appropriateness (COA) review process which is required for all exterior renovation, whether or not a tax abatement is sought. Interior renovation will be governed by the permitting and inspection process required by the Building Department for any renovation. As of October,. 1994 the following governing bodies have adopted tax exemption ordinances: * City of West Palm Beach * Town of Palm Beach * City of Orlando * City of Tampa * City of Coral Gables * City of Pensacola * Dade County * Hillsborough County . . P&Z Board Memorandum Staff Report Amendment to the LDRs Allowing for an Exemption from Certain Property Taxes when Associated with Improvements to Historic Properties. Page 6 ""'--'" In addition Palm Beach County has an ordinance that will be considered in the near future. Attached is an example of the property tax benefits for an individual property owner. HISTORIC PRESERVATION BOARD CONSIDERATION: . ~.: As so much time had elapsed since this ordinance was originally i drafted, it was presented again for consideration by the Historic Preservation Board at its meeting of March 15, 1995. The Board recommended unanimously that the ordinance be adopted. - ~; RECOMMENDED ACTION: .~ l' By motion, recommend to the City Commission approval of the amendment to the Land Development Regulations to allow for an exemption from certain property taxes when associated with improvements to Historic Properties. -. Attachments: * Ordinance * Example of the Tax Benefits for an Individual Property OWner . T.HPBTAX.DOC -> - - ___.. _'-'__YLHC:Ul..c1L.~On Meeting of AprilS, 1994 C. page3 r ( EXAMPLE: OWNER OCCUPIED RESIDENTIAL PROPERTY Before Rehabilitation: . . Property Value $100,000 . . Homestead Exemption -25,000 Taxable.Value 75,000 . City Taxes/Yr. (S Mils) $600 After $30,000 Rehabilitation without Proposed Exemption: - - . Property. Value $130,000 Homestead Exemption -25,000 Taxable Value 105,000 Property Tax/Yr (SMils) $S40 . After $30,000 Rehabilitation with Proposed Exemption: Property Value $130,000 Homestead Exemption -25,000 Taxable Value 105,000 Property Tax/Yr $75,000 @S Mils $600 Taxes/Yr on $30,000 improve @1.14 Mils +34 Total Property Tax/Yr $634 Tax Savings per Year $ 206 . - Total Savings for 10 years $ 2,060 File/c:taxy .- i , . -~ -. . . COMMENTS FROM CITY COMMISSION REGULAR MEETING OF JUNE 6, 1995 11.B. Comments and Inauiries on Non-Aqenda Items from the Public - Immediate1v fo110winq Public Hearinqs. 11.B. From the Public. 11.B.1. Pauline Moodv, 609 S.W. 8th Avenue, stated that last year she filed a complaint regarding sexual misconduct against two male Police officers. She feels she has been treated unfairly by the City, and expressed her dissatisfaction with the situation. . . 13. Comments and Inauiries on Non-Aqenda Items. 13.A. City Manaqer In response to Mayor Lynch's prior inquiry last month regarding off-site storage of computer tapes and records, the City Manager stated that all the computer back-up tapes from the AS-400 are stored off-site at Data Vault (1801 South Federal Highway, Delray Beach) . He also stated that all storage other than the back-up tapes, is kept within City buildings. In response to Mayor Lynch's prior inquiry regarding who the engineer was on the Miller Park storage tank, the City Manager stated the engineer was Post, Buckley, Schuh & Jernigan, Inc. and the contractor was Elkin Constructors, Inc. The City Manager stated due to the age of the facility and the nature of problem there was no warranty recourse to the contractor. The repairs to the pump discharge five connections were accomplished by in-house personnel and then the Commission was asked to approve the contractor to do the repainting. Thirdly, the City Manager stated at the City Manager's Conference last week, Lieutenant Governor Buddy McKay spoke about the comprehensive planning process and discussed some of the problems. One problem is that ten years after comprehensive planning was put into place, the average density in urban areas is lower today than it was ten years ago. The other major problem is there are such vast differences in the State particularly in northern Florida where everyone is going through the same process as southern Florida coping with rapid growth. Lieutenant Governor McKay feels there needs to be major changes made. 13.B. City Attorney None. 13.C. City Commission 13.C.l. Mrs. Smith Commissioner Smith inquired about the status of the hurricane shutters for City Hall. The City Manager stated that he would like to discuss this further with staff and possibly have this item on the Workshop Meeting of June 13, 1995. 13.C.2. Dr. A1Derin Dr. Alperin stated that the discussion at the last meeting of the Education Concurrency Task Force, was how they would fund the $600 million shortfall over the next five -2- . . years. He stated there seemed to be predominance of favoring the addition of the one cent sales tax as opposed to a bond. Dr. Alperin noted that there was no discussion of other concurrency methods for handling the growth of students nor reducing the classroom size. 13.C.3. Commissioner Ellinqsworth Commissioner Ellingsworth complimented staff on the attractive entrance sign that can be seen when entering Delray via West Atlantic Avenue. He suggested that the City consider designing a permanent sign to indicate various events happening throughout the City. 13.C.4. Commissioner Randolph Commissioner Randolph stated he will not be able to attend the Goal Setting meeting on Thursday, June 8, 1995. 13.C.S. Mavor Lvnch Mayor Lynch stated that regarding Ms. Moody's previous comments tonight, he feels the Commission is honored in a sense that the City of Delray Beach follows a City Manager form of government. Mayor Lynch stated that he referred Ms. Moody to the City Manager informing her that she could have the opportunity for an internal affairs investigation. The City Manager stated he met with Ms. Moody on one occasion and she is unhappy with the results. The City Manager stated the City imposed a ten day suspension on the Lieutenant placing him in a probationary status for six months. He also stated this is all that could be done because his record is impeccable. The other officer resigned. Ms. Moody and other members of her family have filed criminal charges against him so currently this is an ongoing investigation. -3-