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10-10-95 Regular · CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING OCTOBER 10. 1995 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. 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: Ci ty Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. Regular Commission Meeting October 10, 1995 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 will neither provides nor prepares such record. AGENDA 1. Roll Call. 2. invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of September 5, 1995 Regular Meeting of September 19, 1995 6. Proclamations: A. Heritage Month - October, 1995 B. Florida City Government Week - October 15 to 21, 1995 c. World Food Day - October 16, 1995 D. National Character Counts! Week commencing the third Sunday in October E. Red Ribbon Week - Week of October 23, 1995 7. Presentations: 8. Consent Agenda: City Manager recommends approval. A. INITIATION OF FUTURE LAND USE MAP AMENDMENT FOR A PORTION OF LAKEVIEW GOLF COURSE: Initiate a small scale Future Land Use Map (FLUM) amendment from Low Density Residential (0-5 dwelling units per acre) to Recreation and Open Space for the Lakeview Golf Course maintenance building site. B. AUTHORIZATION TO EXECUTE SHORT TERM LICENSE AGREEMENTS WITH PALM BEACH COUNTY: Authorize the City Manager to execute short term license agreements with Palm Beach County for use of County property for temporary parking in connection with events at the Tennis Stadium. -2- Regular Commission Meeting October 10, 1995 C. CHRISTMAS TREE DISPLAY AGREEMENT WITH OLD SCHOOL SOUARE: Approve a Christmas Tree Display Agreement wherein the City agrees to accept general liability for the Christmas Tree placement, maintenance and display and associated lights and decorations, and to hold harmless the Old School Square, Inc. its officers, directors, employees and volunteers. D. SEA OATS HARVESTING CONTRACT /NAUTI LUS ENVIRONMENTAL SERVICES. INC.: Approve a contract with Nautilus Environmental Services, Inc. for the collection of sea oats seed off the City's beach, nursery culture of the seed, and compensation to the City for the seed by return of grown sea oats or other coastal dune species for use in the City's ongoing dune management program. E. ADDENDUM TO CONFIDENTIALITY AGREEMENT/DELRAY OAKS (ECOSITE 67) : Approve an addendum to the confidentiality agreement among the City, Palm Beach County and the Florida Communities Trust, to add certain individuals to the disclosure list of the agreement regarding appraisals and offers relative to the acquisition of the Delray Oaks site (Ecosite 67). F . REMOVED G. REOUEST FROM PALM ACTS FOR TENNIS STADIUM EVENT: Approve a request from Palm Acts to allow a Praise/Worship event by The Promise Keepers Organization to be held at the Tennis Stadium on Saturday, November 11, 1995, from 6:00 p.m. to 8:00 p.m. H. CHILD CARE SERVICES PROVIDER APPLICATION/SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve, and authorize the Mayor to sign, an application for providing child care services through vendor agreement with the School District of Palm Beach County for the 1995/96 After School Program. I. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENTS/SEVEN NON-PROFIT AGENCIES: Authorization to execute funding agree- ments with seven non-profit agencies for FY 1995/96: Boys and Girls Club, Community Child Care, Alpha Time Child Care, Urban League, Mad Dads, Hope, Inc., and The TED Center. J. SUBLEASE OF THE SANDOWAY HOUSE: Approve a Sublease Agreement between the City and Officer Pitocchelli for sublease of the Sandoway House at 142 South Ocean Boulevard, subject to approval by the Board of County Commissioners under the terms of our lease agreement with Palm Beach County. K. RESOLUTION NO. 71-95: Approve a resolution requesting the cooperation of the Lake Worth Drainage District to permit the , installation of the South Central Regional Wastewater Treatment and Disposal Board's reclaimed water effluent lines within the L-28 Canal right-of-way, and waiver of use fees. L. SETTLEMENT OF ALI CE THOMPSON V. CITY OF DELRAY BEACH. ET AL: Approve settlement of the referenced matter as recommended by the City Attorney. -3- Regular Commission Meeting October 10, 1995 M. SECOND AMENDMENT TO RIGHT OF FIRST REFUSAL AGREEMENTS/SEACREST PROPERTIES: Approve a second amendment to the Right of First Refusal Agreements with NationsBank and R. Patel for the Seacrest properties to extend the expiration date from September 25, 1995, to October 31, 1995. N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept 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 September 18 through October 6, 1995. O. AWARD OF BIDS AND CONTRACTS: 1. Contract award to J.L. Henderson Construction Company, Inc. in the amount of $115,155 for the construction of the Ridgewood Road 12" water main connecting existing 12" water mains on Military Trail and Barwick Road, in order to increase fire flows for new developments, with funding from 440-5179-536-63.60. 2. Bid award to Aquifer Maintenance & Performance Systems, Inc. in the estimated annual cost of $30,000 for well rehabilitation, from 442-5178-536-61.82. 3. Bid award to Liquid Carbonic Industries via City of West Palm Beach bid at a total estimated annual cost of $68,544 for CO2 (Carbon Dioxide) for the Water Treatment Plant, from 441-5122-536-52.21. 4. Contract renewal to A-1 Specialty Gasolines, Inc. , Coastal Fuels Marketing, Inc. , and B.P. Oil Company, via Palm Beach County Co-op bid at an estimated annual cost of $214,296.20 for purchase of gasoline and diesel fuel, from 501-3311-591-52.51, 446-4714-572-51.11, and 445-4714-572- 52.11. 5. Annual contract award to Suns tate Meter and Supply, Inc. at an estimated total cost of $27,720.54 for fire hydrants, from 442-5178-536-61.77. 9. Regular Agenda: A. CONDITIONAL USE REOUEST/EMMANUEL EVANGELICAL LUTHERAN CHURCH OF DELRAY BEACH: Consider a request for conditional use approval to allow the establishment of a church facility for Emmanuel Evangelical Lutheran Church of Delray Beach on a parcel of land zoned R-1-A (Single Family Residential) . The property is located at the southwest corner of S.W. 6th Avenue and S.W. 7th Street, and contains 0.93 acres. B. CONDITIONAL USE REOUEST/OSTERMANN SAUSAGE COMPANY: Consider a request for conditional use approval to allow the establishment of a food processing facility (Ostermann Sausage Company) on a parcel of land zoned CBD-RC (Central Business District-Railroad -4- Regular Commission Meeting October 10, 1995 Corridor) . The property is located at the southeast corner of S.E. 1st Avenue and S.E. 3rd Street, adjacent to the F.E.C. Railroad (former bowling alley) , and contains 1.54 acres. C. RECONSIDERATION OF PREVIOUSLY APPROVED RESOLUTION NO. 55-95 ABANDONING A PORTION OF N.E. 1ST COURT: Reconsider Resolution No. 55-95 abandoning a portion of N.E. 1st Court located adjacent to the Intracoastal Waterway. Resolution No. 55-95 was approved on August 8, 1995, subject to certain conditions. D. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION: Consider an appeal of a Site Plan Review and Appearance Board's Condition of Approval associated with a site plan modification for the Delray Mall, located at the northwest corner of Linton Boulevard and U.S. Highway No. lo E. APPOINTMENTS TO POMPEY PARK ADVISORY COMMITTEE: Appoint two members (13 to 19 years of age category) to the Pompey Park Advisory Committee; one to a two year term ending September 13, 1997, and one to fill an unexpired term ending September 13, 1996. The appointments will be made by Mayor Lynch and Commissioner Smith. F. SPECIAL EVENT REQUEST/BLUES FEST: Consider special event approval for Blues Fest, a fund raising event for the Community Child Care Center initiated by the Joint Venture and sponsored by the Back Room Blues Bar, planned for October 22, 1995, from 3:00 p.m. until 10:00 p.m. 10. Public Hearings: A. Public hearing on proposals from Waste Management concerning alternative methods of garbage collection. B. ORDINANCE NO. 49-95: An ordinance amending Chapter 51, "Garbage and Trash" , of the City Code to provide for an increase in the rates charged for garbage, recycling and trash services provided tö residential and commercial customers. C. RESOLUTION NO. 72-95/LAND EXCHANGE AGREEMENT WITH EBENEZER WESLEYAN METHODIST CHURCH: Approve A resolution authorizing an exchange of property between the City and Ebenezer Wesleyan Methodist Church, generally located at the intersection of S.W. 6th Avenue and S.W. 2nd Street. 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. -5- , . Regular Commission Meeting October 10, 1995 12. First Readings: A. ORDINANCE NO. 54-95: An ordinance rezoning a 6.58 acre parcel of land from POC (Planned Office Center) District to CF (Community Facilities) District to accommodate an adult day care facility and an Adult Congregate Living Facility (ACLF). The property is located at the northwest corner of Congress Avenue and Lake Ida Road. If passed, public hearing on October 24, 1995. B. ORDINANCE NO. 55-95: An ordinance rezoning a 1.52 acre parcel of land from R-1-A (Single Family Residential) District to CF (Community Facilities) District to accommodate a private elementary school as an accessory use to a church. The property is located at the southwest corner of N.W. 3rd Street and N.W. 3rd Avenue. If passed, public hearing on October 24, 1995. C. ORDINANCE NO. 56-95: An ordinance rezoning a 0.43 acre parcel of land from R-1-A (Single Family Residential) District to CF (Community Facilities) District to accommodate an expansion of the Community Child Care Center. The property is located on the south side of Lake Ida Road, immediately west of and adjacent to the existing day care center. If passed, public hearing on October 24, 1995. D. ORDINANCE NO. 57-95: An ordinance amending Section 4.6.5 of the Land Development Regulations regarding height restrictions and landscaping requirements for walls, fences, and hedges located in front and street side yards. If passed, public hearing on October 24, 1995. E. ORDINANCE NO. 59-95: An ordinance amending Section 2.4.3(K) (7) of the Land Development Regulations providing criteria to waive development application, plan check and permit fees for certain non-profit and service organizations. If passed, public hearing on October 24, 1995. F. ORDINANCE NO. 60-95: An ordinance amending Section 2.4.2(B) (1) of the Land Development Regulations to conform the City's notice requirements for certain land development applications with statutory requirements. If passed, public hearing on October 24, 1995. G. ORDINANCE NO. 61-95: An ordinance amending Chapter 112, "Alarm Systems", of the City Code by revising the fee schedule for responses to false alarms. If passed, public hearing on October 24, 1995. 13. Comments and Inquiries on Non-Agenda items. A. City Manager B. City Attorney C. City Commission -6- . Æ-f'\!J~ . .. WHEREAS, from its pioneering days Delray Beach has attracted a variety of ethnic groups who have helped to shape our City; and WHEREAS, Delray Beach wishes to recognize the growing imprint of its ethnic diversity on our historic environments and way of life; and WHEREAS, historic preservation in our community is enhanced by embracing the vitality of diverse people and ,. cultures; and WHEREAS, in order to foster appreciation of ". cultural diversity, Delray Beach celebrates Heritage Month; and WHEREAS, "Heritage Month .... a community responds to its cultural diversity" is of special interest to the citizens of Delray Beach. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of October, 1995, as -HERITAGE MONTH .... a community responds to its cultural diversity· in the City of Delray Beach and urge all citizens to join '0 in the celebration of the historical and cultural heritage " our City so enjoys. 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 lOth day of October, 1995. MAYOR THOMAS E. LYNCH SEAL ~A· ;> ~~ WHEREAS , city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS , city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS , city government officials and employees share the responsibility to pass along their understanding of , . public services and their benefits; and WHEREAS, Florida City Government Week is a very , . important time to recognize the important role played by city government in our lives; and WHEREAS , this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Governor and Cabinet of the State of Florida have set aside this week to recognize and honor the efforts of city governments. '. . , NOW, THEREFORE, I, THOMAS B. LYNCH , Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 15, 1995 through October 21, 1995 as FLORIDA CITY GOVERNMENT WEBK in Delray Beach, Florida, and encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated and encourage educational partnerships between city government and schools. IN WITNESS WHBREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this lOth day of October, 1995. MAYOR THOMAS E. LYNCH SEAL ~ 8· - --" '''-~ I -_.~""-~_. , +: (^ul6 ~ i ~ i - '. WHEREAS, in 1981, World Food Day was established by the Food and Agriculture Organization of the United Nations, to create global awareness of hunger issues; and WHEREAS , World Food Day is observed around the world as an occasion to call attention to the continuing tragedy of hunger on every continent and the challenge facing us all to respond; and WHEREAS, World Food Day provides an excellent \ ' opportunity for each of us to exert leadership in an area of .',' interest to all our citizens, especially at a time when food policies and programs for children, the aged, and the poor are an increasing problem for many of us; and WHEREAS , the U. S . Conference of Mayors has been a member of the National Committee for World Food Day since 1983; and since that time, a number of cities have marked the day with proclamations, meetings with citizen groups, and participation in civic events of many kinds; and WHEREAS, this day is increasingly recognized as a natural focus for public and media attention on the whole range of food, nutrition and health issues - issues that enable us to reach out to citizens of our communities, both to serve them '. . . and to know their wishes; and WHBREAS, the City of Delray Beach, Florida, has gone on record, philosophically and financially, in support of human services which attempt to ease the pain of hunger and promote solutions. NOW, THEREFORE, I, THOMAS B. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 16, 1995 as WORLD FOOD DAY in the City of Delray Beach, and urge all the people of our community to join me in working with emergency food programs in their neighborhoods which provide relief to the hungry, and urge all residents to encourage broad public discussion of relevant solutions to this tragedy in our community, our state, our nation and our world. 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 lOth day of October, 1995. MAYOR THOMAS E. LYNCH SEAL 6 C r1'Ø~ WHEREAS, young people will be the stewards of our communities, nation, and world in critical times, and the present and future well-being of our society requires an involved, caring citizenry with good character; and WHEREAS, concerns about the character training of children have taken on a new sense of urgency as violence by and against youth threatens the physical and psychological well-being of the nation; and WHBREAS, more that ever, children need strong and constructive guidance from their families and their communities, including schools, youth organizations, , religious institutions and civic groups; and WHEREAS, the character of a nation is only as strong as the character of its individual citizens, and the public good is advanced when young people are taught that good character counts in personal relationships, in school, and in the workplace; and WHBREAS, scholars and educators agree that people do not automatically develop good character and, therefore, conscientious efforts must be made by youth-infuencing institutions and individuals to help young people develop the essential traits and characteristics that comprise good character; and WHEREAS, in July 1992, the Aspen Declaration was written by an eminent group of educators, youth leaders and ethics scholars for the purpose of articulating a coherent .. framework for character education appropriate to a diverse '. and pluralistic society; and WHBREAS, the Aspern Declaration states that "The character education is based on core ethical values which form the foundation of a democratic society" : trustworthiness, respect, responsibility, fairness, caring, and citizenship, and these "Six Pillars of Character' transcend cultural, religious, and socioeconomic differences; and NOW, THEREFORE, I, THOMAS B. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week commencing the third Sunday in October as NATIONAL CHARACTBR COUNTS I WEEK in Delray Beach, Florida, and encourages all citizens, corporate and individual, to model these traits of good character in an ongoing commitment to promote character development and ethical behaviour in the youth of our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 10th day of October, 1995. MAYOR THOMAS E. LYNCH 6 [) - ~~ WHEREAS, drug abuse in Florida has reached epidemic stages, and the 15-24 year old group is dying at a faster rate than any other age group; and, WHEREAS, it is imperative that a united effort of community members be launched to reduce the demand for drugs; and, WHEREAS, drug availability has increased to a point where no community, home or school is immune from the " problem. Recent reports show that alcohol and drugs were associated with: 80% of men arrested for crime, 49% of murders, 50% of traffic fatalities, 52% of rapes and 62% of assaults; and, WHEREAS, business, government, law enforcement, schools, religious institutions, service organizations, youth, physicians, senior citizens, military, sports teams and individuals will demonstrate their commitment to drug-free, healthy lifestyles by wearing and displaying red ribbons during this week-long campaign; and, WHEREAS, the community of Delray Beach, Florida, further commits its resources to ensure the success of the Red Ribbon Campaign. NOW, THEREFORB, I, THOMAS B. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of October 23, 1995, as RED RIBBON WEEK in the City of Delray Beach, Florida, and encourage its citizens to participate in drug prevention education activities, making a visible statement that we are strongly committed to a drug free community. I further encourage all citizens to pledge: "No use of illegal drugs and no illegal use of legal drugs". IN WITNESS WHBREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this lOth day of October, 1995. MAYOR THOMAS E. LYNCH SEAL hE · .' ~ C I TV COMMISSION DOCUMENTAtiON TO: DAVID T. HARDEN, CITY MANAGER THRU: DI~U~~~~ DEPARTMENT OF PLANNING A ZONING FROM: Y A. COSTEllO R PLANNER SUBJECT: MEETING OF OCTOBER 10,1995 "''''''' CONSENT AGENDA "''''''' INITIATION OF FUTURE LAND USE MAP AMENDMENT FOR THE LAKEVIEW GOLF COURSE MAINTENANCE BUILDING SITE (A PORTION OF LAKEVIEW GOLF COURSE). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is initiation of a small-scale land use map amendment for the lakeview Golf Course maintenance building site. The requested change in the land use designation is from low Density Residential 0-5 du/acre to Recreation and Open Space. The subject property is located on the west side of Dover Road I approximately 200 feet north of Wedgewood Boulevard I and contains 0.69 acres. BACKGROUND: On August 2, 1995, the City of Delray Beach purchased the lakeview Golf Course and associated facilities. The City is currently processing a rezoning of the golf course property form R-1-AA and R-1-AAA-B (Single Family Residential) to OSR (Open Space and Recreation). The golf course has a Future land Use Map designation of Recreation and Open Space, however, a portion of the property which contains the maintenance building has a land use designation of low Density Residential 0-5 du/acre. While the OSR zone district is not inconsistent with the underlying low Density land use designation, it is appropriate to change the land use designation to Recreation and Open Space to be consistent with the balance of the City-owned golf course. 9·1}· . . City Commission Documentation Initiation of FLUM Amendment - Lakeview Golf Course Maintenance Building Site Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The P & Z Board has not acted on this item. Once initiated, this request will be presented to the Board for a formal recommendation. RECOMMENDED ACTION: By motion, initiate a small-scale Future land Use Map amendment from low Density Residential 0-5 du/acre to Recreation and Open Space for the lakeview Golf Course maintenance building site. Attachment: 0 location Map . .. '~ .. ~=~~ ~ ·~'S) ~ s: KJ;ò~0J ~/ ~b~ ~ ê o~ ~~ l~ \Y r ~ 'fS$A -,j ~ \;\ ~ \ \~ . 'C/rTl J ~ I '\ "7 m\ '\.. J.. CANAl. l-J5 I I 'I I 1 I I I I I I I I I 1 ì ;::: JEtfmj0 ON =BL'D I 1= ~~ 1 II I I I I I I I I I 151 HEIR ·wln hln I 1 rTTTlJ8IiIJVI]I r T I I I I I I I I I I ITDIJJIDIIJI I I I k ¿ : ~ I I I I I ~ r'\.. I L I A K I E I V II t tI I I 18 IL IV Þ.I 1:- ~"'\. Ii ~I I >-- Ii ~ - ~ - >-- IV ..... ~f- - - - '\ NT-I I I I I I I I I I I I I Y. -..... _ 'Z./ T I IIIIII IIIII I I \;>V R: .... ::::! I I I I I I I I I J 11 T I" I 'I I I '\ I r.! ~ ~~~B-8~~t e~~ ~ ¿ ÎIT "CDS9~"'fl"I'1 ì( : LINTON BOULEVARD = ;= oos'-ft~¡;;¡:¿r~~w -=' - I \..0 "",~_ II¡ - ß -..... - - '------":--:::./ = r:: ~ -- ~ --~rO"""" - f---_ -- .......<4 D......... f--- '-- I .......... _ ,\ ~ - v- r- ~ - - - I- /~)VL - ~ = ~ /~ ' III f- - f- '"..J-.J = - r-_ rT\.t- _ _"--- _ _ f-~ ~ ~ ~I- 1--'-- ~ - 0 'oJ 't. ,-J ---J¡ I- J \ r-~ 1-1- - ~ Ij~ - ~I- 1--- - G c-- ----1 t--- ¿ r- ~ 1--'-- - = I I-- I\:-- ~~ 1-'- = N LAKEVIEW GOLF COURSE PlAHHINGO£PARMNT MAINTENANCE FACILITY BUILDING QTY OF O£LRAY BEACH. Ft. -- DlQTAI. 8ASC MAP SYSTaI -- - 0/< . tïM CITY COMMISSION DOCUMENTATION TO: D~arden, THROUGH: DIane ~ez, Directo f Pia ing and Zoning FROM: John Walker, Project coordinatofL ø~ SUBJECT: MEETING OF OCTOBER 1 O. 1995 AUTHORIZATION TO EXECUTE SHORT TERM LICENSE AGREEMENTS ** CONSENT AGENDA ** ACTION REQUESTED OF THE COMMISSION The action requested of the City Commission is that of authorizing the City Manager to execute short term license agreements with Palm Beach County for use of County property for temporary parking in connection with events at the Tennis Stadium. BACKGROUND The Tennis Stadium is becoming more frequently utilized. In addition to the Delray Beach Winter Championships, the City hosts other tennis tournaments, and four to eight concerts per year. Events will include one-day and multi-day events. Many of the planned events will require the use of County owned property to accommodate staff and guests. For past events, we have entered into a formal agreement with the County for each temporary use of their property. This has required action by both the City and County Commissions, and proved to be a cumbersome and time consuming process. In May, 1995, the County Commission approved Resolution No. R-95- 622, authorizing the County Administrator to execute such agreements in the form of short term license agreements. Under this process, the City would notify the County 3-4 weeks prior to an event; the County would draft a license agreement for the event; and the City Manager would execute the license agreement for the City. In Section 4.04 of the City Charter, the City Manager has the authority to sign contracts on behalf of the City where authorized by the City Commission. This authorization may be by motion. g·B. - , City Commission Documentation Authorization to Execute Short Term License Agreements Page 2 RECOMMENDED ACTION By motion, authorize the City Manager to execute short term license agreements with Palm Beach County for use of County property for temporary parking in connection with events at the Tennis Stadium. S:\adv\PARKING4 OK ~ ! [IT' DF DELRA' IEA[H DELRA Y BEACH f lOR D A. Þ.e.d 100 N.W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000 AII·America City , III I! M E M 0 RAN DUM 1993 TO: Robert A. Barcinski, Assistant City Manager r;f)!s-- FROM: Lee R. Graham, Risk Manager( ! DATE: September 26, 1995 SUBJECT: Christmas Tree at Old School Square Hold Harmless Agreement Attached is the Christmas Tree Display Agreement which I have prepared in its accepted form. The original draft has been reviewed by the City Attorney who suggested some additional changes in the Statute acknowledgement provisions. These have been made in this final original. It is now ready to be presented to the City Commission for their approval. Please return a copy of the agreement for my records after it has been signed and executed by both parties to the agreement. I will retain in my liability file as a contractual agreement. LRG/bjw cc: Susan A. Ruby, City Attorney Joseph M. Safford, Finance Director Attachment ~u:L ern ~~ jo/lo/9S ?~. @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS . - I l·C· . Agenda Item No.: AGENDA REQUEST Date: 9-26-95 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: 10-10-95 Description of agenda item (who, what, where, how much): Hold Harmless Agreement for Christmas Tree display at Old School Square, C~~ ~6S~~~ 't> 12~~Ch1S Ib ,L'T;¡ . - ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO Recommendation: Department Head Signature: /?~/I ~~#!..4~(.) ðf!Z.!'S- Determination of Consistency with Comprehensive Plan: !:L J2..d - City Attorney Review/ Recommendation (i f appl icable) : Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: , ' , " . > &Þ f I .¡f~i.l.;--r;:-¿~'l\~ t~c'JJ.:¿~ Approved . f~r agenda: 'E / NO (> .; --t:L. " '. ,., " 0 . Hold Untll. l· . "I'7 7' Agenda Coordinator Review, i'C>:t~_ ¿;,: 'i'~~ Received: . . Ii. Action: Approved/Disapproved (]jJ5 6H;,()J{';'; ~ oJ¡vf~J " '" £IT' DF DELRA' BEA£H CITY ATTORNEY'S OFFICE 20()_,~W 1:t i\\'~: ~L'_E :,DELRAY BEACH, FLORIDA 33444 FAL,,¡r-¡ILL 407,dS 47.,_, W' 'D- L' 407 2 3 7091 ntef S ¡feet me: ( ) 4- DELRA Y BEACH ~ AII·America City MEMORANDUM , ~ III! DATE: October 3, 1995 1993 TO: Barbara Garito, Deputy City Clerk FROM: R. Brian Shutt, Assistant City Attorney ~ SUBJECT: Hold Harmless Agreement for Christmas Tree Display at Old School Square I have reviewed and approved the above-referenced Hold Harmless Agreement. RBS:ci Attachments "A.' .=_....-""'C~........-""...."........-.:o~""''''''~...-, _....... 11""""_"_"'-" , '- .... ,"r, r'¡, ,'- ';,,\ I : h.i:CdVt.u ¡ , I I ¡ /(~,!~¡!~ I , ../1,'1 \,_~,,-RK I L-_~.._._,_" -._______-' l ® Printed on ,cleeye/cd Paper '" · CHRISTMAS TREE DISPLAY AGREEMENT Whereas the Delray Beach City Commission has agreed to promote and sponsor the decorating of a Christmas tree on the grounds of Old School Square, the Ci ty of Delray Beach, through its City Commission, agrees to accept the general liability arising from the placement, maintenance and display of the Christmas tree and associated lights and decorations. Such liability assumption is to apply to the outdoor premises including public walkways, driveways and grassy areas traversed by spectators. In consideration for the use of the grounds of the Old School Square premises for the purpose of creating a Christmas tree holiday display, the City agrees to hold harmless the Old School Square, Inc. its Officers, Directors, Employees and Volunteers, to the extent permitted by law, for the duration of the exhibit. Nothing contained herein shall be deemed a waiver of Sovereign Immunity as set forth in Florida Statutes 768.28. Such exhibit is to begin on or about December , 1995 and extend to on or about January , 1996. The assumption of liability by the City shall cease upon the removal of the tree and associated decorations. City of Delray Beach Old School Square Witness Witness Approved as to form: City Attorney '" [I" DF DELRA' BEA[H DELRAY BEACH f lOR IDA tISb:II 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407[243·7000 fiifr MEMORANDUM 1993 TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Nautilus Environmental Services DATE: September 27, 1995 Attached is a contract from Nautilus Environmental Services for the gathering of sea oats off of our beach. This proposal was presented to me by a local citizen (Rob Barron) who would be the local liaison for Nautilus Environmental Services. Mr. Barron is the owner of Coastal Management and Consulting. According to Mr. Barron, the sea oats seeds that germinate on our beach will be lost without much chance of regeneration unless they are harvested and put in a proper planting environment. In return for these seeds, Nautilus Environmental Services will give us 100 containerized sea oats plants for every pound of sea oats seeds collected, or we may substitute one liner of another species for 2 liners of sea oats as available from their nursery. As you are aware, we currently have an experimental area replanted in the dune and it is anticipated we may use these plants to replant other areas. I requested John Walker to review this contract, and he is in agreement. I am also requesting Susan Ruby to review this contract for legal sufficiency. I am not sure whether this needs City Commission approval. Please review and advise. (k ¿J ßj¿~ /Y7 00 f:.tJ km ~sEn1 <'8. o. ) -h 'RE9U./~ (9. ;:;/1. ) JOe{;ieldon /)PfJI?oOEo Director of Parks and Recreation $-0 cc: Susan Ruby, City Attorney John Walker, Project Coordinator Ref:dhseaoat ¡·D. @ Pnnted on R8Cyc/ed Paper THE EFFORT ALWAYS MATTERS [ITY DF DELRAY BEA[H DELRAY BEACH , lOR I [) A tr.ad 100 N.W, 151 AVENUE· DELRAY BEACH, FLORIDA 33444 . 407{243-7000 f'iiff! MEMORANDUM 1993 TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Nautilus Environmental Services DATE: September 27, 1995 Attached is a contract from Nautilus Environmental Services for the gathering of sea oats off of our beach. This proposal was presented to me by a local citizen (Rob Barron) who would be the local liaison for Nautilus Environmental Services. Mr. Barron is the owner of Coastal Management and Consulting. According to Mr. Barron, the sea oats seeds that germinate on our beach will be lost without much chance of regeneration unless they are harvested and put in a proper planting environment. In return for these seeds, Nautilus Environmental Services will give us 100 containerized sea oats plants for every pound of sea oats seeds collected, or we may substitute one liner of another species for 2 liners of sea oats as available from their nursery. As you are aware, we currently have an experimental area replanted in the dune and it is anticipated we may use these plants to replant other areas. I requested John Walker to review this contract, and he is in agreement. I am also requesting Susan Ruby to review this contract for legal sufficiency. I am not sure whether this needs City Commission approval. Please review and advise. ~¿J~ 'K . l . ~~ 2~ ,~, f 'f--C1, ,-"-' < ! _ë-~ JOe¿)'eldon " ,,1' Director of Parks and Recreation Ä-~l '~:¡ '7'l+ ~~ 7- \ .¡ cc: Susan Ruby, City Attorney SEA ðMS John Walker, Project Coordinator Ref:dhseaoat ® Printed on Recycled Paper THE EFFORT ALWAYS MATTERS , . ROBERT H. BARRON COASTAL MANAGEMENT AND CONSULTING 111 PERIWINKLE LANE DELRAY BEACH, FLORIDA 33444 407-265-0395 (0) , 274-1902 (M), 276-3233 (H) September 25, 1995 Mr. Joe Weldon Director of Parks and Recreation City of Delray Beach 50 N. W. First Avenue Delray Beach, Florida 33444 Dear Joe: Please find herewith a revised proposal/contract between Nautilus Environmental Services Inc. and the City of Delray Beach, for collection of sea oats seed from the dune on the Public Beach, nursery culture of the seed, and compensation to the City for the seed by return of grown propogules of sea oats or other coastal dune species, for use in Delray's ongoing dune management program. The proposal is based on contracts the firm has with the State of Florida for use of seed from state Parks on the Gulf Coast, but has been modified to allow the City to take advantage of the diversity of dune species they produce, which would be of value as the city removes exotic scavolea from the upper dune and restores the native plant mix along AlA. Execution of this agreement would allow you to use between five and ten thousand dollars of your DEP dune restoration grant for additional shrub species, and thus to extend the productivity of available grant funds. I know of no costs or risks to the City associated with this agreement, however I suggest that a determination of no objection be secured through the Florida Department of Environmental Protection. My role in this has been to determine the viability of the seed, realize the potential for contribution to your project and others, and bring the City and the Nautilus into a dialogue. The company has strong resources and extensive record of production of plant materials for environmental restoration; in fact the sea oats which the City bought to restore the dune in 1984 came from them. If a contract is executed, I will be sub contracted by Nautilus to collect and ship the seed and will be compensated by them with seedlings for my own use. Please call if you have questions. Rob Memo CITY OF DURAY BEAC~ t3 T0=é; þ~ . OATE: 1¡Izcy?/ FR ~ j¿I~ SUB'~a~~~~ ~~"'-~ ~;/<-- Z~4'~, </~.~~~ ~~~. RECEIVED Sf? 2 0 1995 DELRA Y BEACH ~.~o.~. , AI~America n '~lIt 1993 ., , , Sep-19-9S 01:lSP Naut;lus Env;ranmental Sv 19417763700 P.02 . Nautilus Environmental Services, Inc. Enyironmental Permitting Agents fl Consultants · D(;sjon. Mitigation [, Monitoring · Project Coordinators I. ,'. n.£.8. Contract # AGREEMENT THIS AGREEMENT is entered into this _ day of ,19____, between the Nautilus Environmental Services,lnc. (hereinaft.er referred to as the "Contractor") and City of Oelray Beach , whose addres!> 1M 50 Northwest 1 st A venue. Delra}' Reach 10'1, 33444 (hereinafter referred to as the "City"), to provide sea oats seed harvesting and propagation services tor the city, In consideration of the mutual benefits to be derived here from, the City and Cuntractor do hereby agree as loHows: 1. The City docs hereby retain the Contractor to perform the sea oats (t JninJa Paniculata) seed harvesting and Propagation services as defined herein, and the Contractor does hereby agree to perfonn such services upon the tenns and conditions set forth in this Agreement and Exhibit A which is attached hereto and incorporated hcrein by reference. 2. The Contractor shall perfonn the services in a proper and satisfactory manner as determined by the City. Any and all such equipment, products or materials necessary to perComl these service!;, or requirements as further stated herein, shall be supplied as per contract specificalions. 3. The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the City. 4. As eç>nsideralion for the services rendered by the Contractor under the terms of this Agreement, the City shall allow the Contractor to keep for commercial purposes those sea oat seedlings raised trom the seeds collected under this Agreement whieh are in excess orthc numbers to he retumed tu the City. 5. This Agreement shall begin upon execution by both parties and end on August 31, 1996, inclusive. Thi~ Agreement may he renewed on a yearly basis for a maximum of two (2) years after the initial Agreement period. Renewal ufthis Agreement shall be in writing and subject to the same terms and condiLions of this Agreement. The rcncwnl is contingent upon satisfactory performance by the Contractor and the availability of su11ícicnt sea oat seeds, as determined by the City. 6, The Cily shall have 5 days for inspection and approval ofthc sea oat seedlings atler their deli vcry. [) P.O. Box 497 o :;z7725 Old 41 Rd.S.E. Golf Course Road Suite #205 Parrish, FL 34219 ~An E. O. E:' Bonlr.a Springs, FL 33923 (941) 716·2524 (941) 495·3488 FAX (941) 776-2410 FAX (941) 495-3560 "' SQP-19-9S 01~lSP Nautilus Env;ronmQntal Sv 19417763700 P.03 7. Under this contract, it is expected that the Contractor will gather a minimum of 400 Ibs. of sea oats seeds and a maximum of lOOO Ibs. 8. The Contractor shall save and hold ham11ess and indemnify the City of Delray Beach against any and allliabiHty, claims, judgments or costs of whatsoever kind and nature for injury to, or death of any person or persons and lor Joss or damage to any property resulting from the use, servicc, operation or performance of work Wlder the terms of this Agreement, resulting from the negligent aets of the Contractor, lûs subcontractor, or any of the employees, agents or representatives of the Contractor or subcontractor to the extent allowed by taw. 9. This Agreement may be cancelcd by either party, with or without cause, by giving 90 days written notice to the other party. Said noticc shall be sufficient if delivered personaJly or by certified mail to the address contained herein. 10. Any and all notices shall be delivered to the parties at the fi}lInwing addresses: Contractor Department Nautilus Environmental Services. Inc. Ci'ty of Delray 13each Otto M. Bundy or Michael M, Bundy Mr. Joe Weldon, Director of Parks & Rec. PO Box 497 50 Northwest I st A venue Parrish, FL 14~19 Delray Beach, PI, 33444 11. -rhis Agrccmcnt may be tem1inated by the City at any time for failure of the Contnlctor to perform in accordance with the terms and conditions contained herein. 12. Mr. Joe Weldon, Director of Parks & Rce. or successor is hereby (Name) (' f'itJe) designated the City's contract manager for the purpose of this Agreement and shaH be respon1;ihle for enf<)f(~ing performance urthe Agreemcnt terms and conditions and shall serve as liaison with the Contractor. 13. The Contractor recognizes that the City of Del ray, is not required to pay any taxes un the services or goods purchased under the terms of this Agreenumt. 14. This Agreement is neither intended nor shaH it he construed to grant any rights. privileges or interest in any third party without the mutual written agreement of the parties hereto. .. '. . Sep-19.-9S 01:16P Nautilus Environmental Sv 19417763700 P.04 I 1 S. No person, on the grounds ufrace, creed, color, national origin. age, ::lex, or handicap, shall be excluded from participation in; be denied the proceeds or benefits of; or be oth~wîsc subjected to discrimination in performance of this Agreement. 16, This Agreement is an exclusive contract for services and may not be assigned in who1c or in part without the written approval of the City. 17. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be vaHd when they have been reduced to writing, duly signed by each of the parties hereLo, and attached to the original of this Agreement. IN WITNESS W1lliRROF, the parties have caused this Agrecment to be duly executed, the day and year fir!t1: abovc written. By: -- By: (Contractor's Signature) (City of Oe1ray) (Authorized Representative) .. (ContractolJs Name· Print) ATTEST: ...... --_. (Title) Ci ty CZerk (Compaay Name) APPROVED AS TO FORM: ....' .. (Address) (City, State ami Zip Code) City Attorney Remittance Address: (Address) ...- (City, State and Zip Code) . '.- Sep-19.-9S 01: 16P Nautilus Environmental Sv 19417763700 P.OS EXHIBIT A HARVESTING AND PROPAGATION OF SEA OATS FROM ()'RSIGNATED AREAS FOR THE PURPOSE OF RESTORATfON OF DEAcn DUNES CONTRACT SPRCÅ’1CATIONS 1. The City agrees to pemùt the Contractor to conect sea oat seeds (1 JniQl& Paniculata) at nO cost to the City for the purpose of propagating sea oat plants, some of which will be delivered for City dune restoration and the remainder kept for public and private sales or use. 2. It is anticip41ted at1.his time that sea oats seeds will be harvested from Delray I3cach, Flurida. 3. The Contmclor shan harvest sea uat seeds by the "hand-stripping" method only_ No seeds shall be harvested within 50 feet of the vegetation line landward of mean high tide. 4. No more than 30 % of the annual seed crop shall he harvested within any designated area in any growing season. S. Upun written request by the contract manager, the Contmctnr shall retum to the City, to speci ficd locations 100 containerized sea uat plants (or every pound of sea oats spiketcts collected. The city n1ay at itsT own option substitute one (I) liner of another species of beach p!ant fur two (2) Hners of sea oats, bUl only if available from Ilorticuhural Systems. Inc. Nursery [ 11 ven lury . 6. All such sea. oat plants must be a.t least 10 inches in height, in a healthy condition and be shipped to specified locations at no cost to the City. All unsuitable plants will he replucc::d by the Contractor at no additional cost tQ the City. 7. Sea oats seeds must be coUcctcd only in areas specified by the manager and must be weighed under supervision of designated personnel From the City, as identified by the contract manager. 8. The Contractor understands thal this is not an exclusive sea oatc¡ seed harvesting contract. 9. A Contractur may hold only one such contract with the City at any time. " Sep-2S-9S 04:16P Nautilus Environmental Sv 19417763700 P.02 . Nautilus Environmental Services, Inc. Environmental Permitting Agents f, Consultants · D~$ign. Mitigation [, Monitoring · Project Coordinators I, N.E.S. CORPORATE PROFILE Scope of Nautilus Environmental Services, Inc. NAUTIl.US ENVIRONMENTAL SERVICES, INC. is an established and leading environmental service organization providing the private, business and governmental community with expertise in the field of environmental activities. For over 20 years Nautilus Environmental Services, Inc. (N.E.S.)and its support group, Horticultural Systems, Inc. (H.S.I.) has been assisting companies interfacing with the environment, to reduce liabilities as they manage new and constant changing environmental ìssues. Nautilus Environmental Services, Inc. has performed approximately 750 projects, 50% have been for private industry, 30% for county governments and 20% for state and federal governments. This activity ratio of Nautilus Environmental Services, Inc. is predicted to remain similar for the future. Our services include: * Wetland Delineations * Site Design Consultation .. Environmenta' Impact Statement · Environmental Permitting 111 Hydrological Studies .. Environmental Management '" Habitat Restoration, Mitigation, Monìtoring. and Maintenance '" Research and Development * Wetland Delineations. Continued expansion of urban population centers, particularly within coastal areas, has fostered the development of multiple layers of government agencies with overlapping jurisdictions. N.E.S.'s staff are experienced in the field delineation of wetlands, the legal interpretation of wetland regulations and the determination of wetland impacts. * Site Design Consultation. In coordination with engineers and planners, N.E.S. develops environmental sensitive, yet feasÎble site plans for roads, subdivisions, RV parks and beach accesses. N.E.S. be\ieves planned development can coexist in harmony with our environment. -1- o P.O. Box 497 o 27725 Old 41 Rd. S.E. Coif Cours~ Road Suite 1#205 Parrish, FL 34219 "An E. O. E." Bonita Springs, FL 33923 (941) 776·2524 (941) 495·3488 FAX (941) 776-2410 FAX (941) 495-3580 ., ~ Sep-25-95 04:16P Nautilus Environmental Sv 19417763700 P.03 11 Environmental Impact Statements. Our staff of biologists has expertise in conducting vegetation and wildlife inventories. Such baseline information provides insight into the planning and design of a development and is used to minimize the environmental impact of a project. Environmental impact statements are typically submitted to local regulatory agencies for rezone and site development plan review. N.E.S. staff are experienced in the presentation of such environmental sensitive projects before land use attorneys, environmental review panels and county commissions meetings. II Environmental Permitting. N.E.S. has expertise in obtaining a large array of environmental permits involving such activities as gopher tortoise relocation, mangrove alteration, docking and marina facîlities, and wetland dredge and fill impacts. ~ · Hydrological Studies. Surface water monitoring wells may be installed and monitored to determine if the local hydrology of a site has been altered by recent changes to the surrounding environment. N.E.S. has utilized hydrological data to clarify agency jurisdictional wetland determinations where botanical and soils information have been questionable. * Environmental Management. The management of our natural resources plays an important role in the quality of life we live. Maintaining this quality begins with long range planning and successful resource management. Preservation of wildlife corridors and natural open space is essential. N.E.S. biologists are actively involved in the land planning issues so as to ensure the natural diversity of life which exists now will continue for the future generations to enjoy. * Habitat Restoration, Mitigation and Monitoring. N.E.S. and H.S.I. staff have over 20 years of experience in the design, installation and monitoring of created or restored habitats. Our native plant nursery. 10cateØ in Parrish. Florida, supplies plants throughout the United States and Caribbean area for mitigation and restoration projects involving aquatic, saline and coastal dune habitats. Our nursery produces container grown plant materials. guaranteed to be heathly upon delivery and are subject to Federal and State regulations for growing and shipping. Our expertise in design and installation will guarantee the success and survivorship of your project. -2- Sep-2S-9S 04:16P Nautilus Environmental Sv 19417763700 P.04 '" Research and Development. To reduce impacts to the environment, and increase plant diversity and hardines$,N.E.S., through H.S.I. and the University of Florida, are working together to propagate native plant materials through new techniques of plant micropropagation and use of vesicular-arbuscular mycorrhizal (VAM) fungi. Several years of experimentation have resulted in successful test plots using "seedlings" born from micropropagation rather than from seeds or mature field harvested plants, As harvesting of seed and plant materials decrease, so will the impact to the environment. STAFF NAUTILUS ENVIRONMENTAL SERVICES, INC. is widely recognized for its responsiveness to clientele and innovative problem-solving abilities. The expertise and diversity within NAUTILUS ENVIRONMENTAL SERVICES,INC. allows developers and engineers to begin and complete a project without seeking additional environmental services for select duties. Our 20 years of dedicated ,xperielJ~~ servicing the environmental and horticultural sciences, our established nursery program, which can produce over 4,000,000 units per year, and our advanced micropropagation and mycorrhizal programs combine to make our firm a leader in the industry. Representative Clients Federal Patrick Air Force Base. Florida U.S. Corps of Engineers, South Carolina and Alabama Eglin Air Force Base, Val Paraiso, Florida Kings Bay Naval .Georgia USDA - Soil Conservation Service - Alabama. Louisiana, South Carolina, Florida, Texas and New Jersey -3- ., _, ,sep-2S-9S 04:17P Nautilus Environmental Sv 19417763700 P.OS SIída Federal Dept. of Natural Resources, Tallahassee, Florida DNR Resources· St. Petersurg, Florida DNR Aquatic Plants - Tallahassee, Florida Florida Deptpartment of Transportation Florida Sea Grant Program, Gainesville, Florida Louisianna State University ,Baton Rouge, Louisianna University of Florida - New College, F10rida University of Florida Dept. of Environmental Horticultural- Gainesville, Florida County Brevard County Economic Development Council- Merritt Is., FI Broward County Soil & Water Conservation District, Florida Dade County Parks & Recreation Dept., Florida Dade County Public Works, Florida Lee County Public Works - Ft. Myers, Florida Manatee River Soil & Water Conservation District - Bradenton, FI Mobile County SoU & Water, Alabama Monroe County Board of Commissioners, Florida Palm Beach Soil & Water Conservation District, Florida Sarasota County Parks & Recreation, Florida Tampa Bay and Sarasota Natural Estuary Program, Florida County Extension and Sea Grant Services - Manatee, Charlotte, HiIIsborough, Lee, Martin, Dade and West Palm ~ City of Bal ~arbour, Florida City of Clearwater, Florida City of Delray Beach, Florida City of Indian Shores, Florida City of Jacksonville Beach, Florida City of Naples, Florida -4~ ., -,,-.:Sep-2S-9S 04:17P Nautilus Environmental Sv 19417763700 P.06 City of Treasure Island, Florida City of Pompano Beach, Florida City of Myrlte Beach, South Carolina Foley Beach, South Carolina Gulf Shores, Alabama St. Petersburg Beach, Florida Ipternational Leeward Ltd., Providenciales - Turk and Caicos Islands, BWI Cotleur Hearing & Assoc. - St Kitts, Virgin Islands ~ Publications An Introduction to Planting and Maintaining Selected Common Coastal Plants in Florida -SGR-97, Florida Sea Grant Report NO.97, May 1990. Principal Editors: Micheal R. Barnett, Florida Sea Grant Extension Program and David W. Crewz, Florida Marine Research Institue, FDNR. Assisting Author: Otto M. Bundy, N.E.S. Corporate Awards Horticultural Systems, Inc. - Coastal, Saline and Freshwater Aquatic Habitat Preservation Award - This award is given annually to a person in the industry for their contribution to habitat preselVation. Revised 7/95 corprof.sam ·5- " M E M 0 R A N DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM i y.£.. - MEETING OF OCTOBER 10. 1995 ADDENDUM TO CONFIDENTIALITY AGREEMENT/DELRAY OAKS (ECOSITE 67) DATE: OCTOBER 6, 1995 This is before the Commission to approve an addendum to the Confidentiality Agreement among the City, Palm Beach County and the Florida Communities Trust which was approved by the City Commission on May 2, 1995. The purpose of the addendum is to add the names of additional staff persons to whom disclosure regarding appraisals and offers on the Delray Oaks property can be made. For the City, David Harden, Susan Ruby and John Walker have been added to the disclosure list. Recommend approval of the Addendum to the Confidentiality Agreement for Delray Oaks (Ecosite 67). ref:agmemo9 [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 FACSIMILE 407;i78-4755 Writer's Direct Line: (407) 243-7090 DELRA Y BEACH f tOR t D A b*:d AI~America City MEMORANDUM " III! DATE: October 5, 1995 1993 TO: Alison MacGregor Harty, City Clerk FROM: David N. To1ces, Assistant City Attom~ SUBJECT: Delray Oaks - Addendum to Confidentiality Agreement Attached are five (5) original copies of the above-referenced Addendum which has been approved for form and legal sufficiency by our office. Please have John Walker sign the first page and the City Manager needs to sign the second page. Thank you. DNT:smk Attachments ® Printed on Recycled Paper ~ --'~._-- ... -.0;:.", " .. ~ .-. - .." Contract No: 95-CT-79-94-4A-HI-005 FCT project No: 94-005-P4A ADDENDUM TO CONFIDENTIALITY AGREEMENT This is an Addendum to the Confidentiality Agreement ("Agreement") pursuant to Rule 9K-6.010(5), Florida Administrative Code (F.A.C.), and is entered into by the parties to add the undersigned persons to the list contained in the Agreement between the parties. Parties to the Confidentiality Agreement: PALM BEACH COUNTY/CITY 01' DELRAY BEACK ("FCT Recipient"), a local government with in the state of Florida, and the Florida Communities Trust ("FCT"), a nonregulatory agency within the Department of Community Affairs. Parcels Covered by this Agreement: This Agreement covers all parcels identified as part of the project site in FCT application 94-00S-P4A/DBLRAY OAKS that was selected for funding and is governed by a conceptual Approval Agreement for FCT Project Number 94-00S-P4A ("Project site"). Confidentiality: " a) Pursuant to Rule 9K-6.002(17), F.A.C., the term "Confidential" refers to information that shall not be available for public disclosure or inspection and is exempt from the " provisions of Section 119.07(1), Florida statutes (F.S.). b) The FCT Recipient and its agents shall maintain the confidentiality of all appraisals, offers, and counteroffers as required by Section 125.355(1) (a), F.S., for counties, or section 166.045(1)(a), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C. The FCT Recipient may disclose such confidential information only to the individuals listed listed on the disclosure list of the Agreement and herein below. c) The undersigned board members and staff of the FCT Recipient ("FCT Recipient") and its agents, if any, agree to maintain the confidentiality of appraisal information, offers and counter-offers concerning FCT Project Number 94-00S-P4A, as required by Section 125.355 (1) (a), F.S., for counties, or section 166.045 (l)(A), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C., and by this Confidentiality Agreement between the FCT Recipient and FCT. d) The undersigned certify that they have no legal or beneficial interest in the Project site. Date FCT Recipient Board Member, Signature Staff or Agent name Geoffrey Rich Jora Young Elaine Fitzgerald David T. Harden Susan Ruby John Walker CONF/AG/ADD 07/20/95 FCT #94-005-P4A " " , . , '" - . . ATTEST: PALM BEACH COUNTY, FLORIDA Dorthy H. Wilken, Clerk BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Chair Date: Date: .( SEAL) Accepted as to Form and Leqal Sufficiency: By: Date: County Attorney CITY OF DELRAY BEACH ATTEST: As to the city By: By: Title: City Clerk Title: City ManaRer Date: Date: Date: FLORIDA COMMUNITIES TRUST By: Anne Peery, Executive Director Date: Approved as to Form and Leqality: By: Ann J. Wild, Trust Counsel CONF/AG/ADD 07/20/95 FCT #94-005-P4A ," MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ßF - MEETING OF OCTOBER 10, 1995 DATE: OCTOBER 6, 1995 THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. ... .. [IT' DF DELIA' BEA[H DELRA Y BEACH f lOR 0 A tw.e&i 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243-7000 fiifi! MEMORANDUM 1993 TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: The Promise Keepers in Tennis Stadium November 11, 1995 DATE: October 2, 1995 Attached please find a request from Palm Acts in conjunction with The Promise Keepers Organizations to schedule the Tennis Stadium November 11, 1995 for a Praise/Worship event. As noted, this event will include participation of local churches involving guest speakers, entertainers and choir groups. The time of the event is approximately 6:00 PM to 8:00 PM. In a meeting with the Promise Keepers, they indicated they have plenty of volunteers who can do cleanup work and, with your approval, we will waive the $500 cleanup fee and only charge the standard $1,500 plus 10% commission on all sales for use of the Tennis Stadium. Please place this on the agenda for City Commission consideration. - ~ C\ ( " ~~ ' \ \ \:..~ ,~--- - Joe, ldon \ ~ IDI1o!Q5 Direètor of Parks and Recreation cc: Sharon Morgan, Agenda Coordinator Ref:promisek @ Printed on Røcycled Paper THE EFFORT ALWAYS MATTERS g·G. ... ..,.. .. -~'_... .. 09/26/95 16:49 FAX 305 360 7112 EXECUTIVE !àI 002 '. Pahn Ac~s Charities çorp. ... september 26, 1995 Joe Weldon Director of Parks & Recreation City or Delray Beach 50 N.W. 1st Avenue. De~ray Beach, FL 33444 Dear Joe: Please be advised that Palm Acts is planning to engage in conjunction with The Promise Keepers organization, in producin9 a Praise/Worship event at the Delray Beach Stadium on November 11,' 1995. This event will include partioipation of local churches involving quest speakers, . local entertainers, and choir groups var~ous qathêrinq together t.o send a message of hope throughout our community. Time or the event. is tentatively set for 6:00 p.~. to 6:00 p.m. with doors open at 5:00 p.m. With your approval, ê will proceed as planned. Kindest regardS'(] . Chip Mills Executivê Director f Operations .. - .,. - - - - . - .... . . .... ....., ........."..... .I_"'~I ~.."" _oñ..,A .... of '" '_""~I ..,. , ·, Agenda I tern No. : r·c;· AGENDA REQUEST Date: October 2, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: October 10, 1995 Description of agenda item (who, what, where, how much): Request apîroval of allowing Praise/Worship event by The Promise Keepers Organization through Pa m Acts at the Tennis Stadium on November 11, 1995 for the stadard rental fee of $1,500, waiving the $500 cleanup fee. ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO Recommendation: Approval. Department Head Signature: ,,~j AS,-CO,) Determination of Consistency comprehensive Plan: City Attorney Review! Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES! NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: @! NO CìfV[ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . MEMORANDUM TO: David T. Harden, City Manager FROM: Joe Weldon, Director Parks and Recreation Dept. DATE: September 29, 1995 SUBJECT: Title XX Application and Agreement The attached application and agreement is to allow the Delray Beach Parks and Recreation Dept. to be identified as a provider of after -school services for the Palm Beach County School District under Title XX. Under this agreement, as a licensed child care agency we will be eligible to receive student referrals ftom the School District to provide them with after-school services. The School District will pay the City up to $7.00 per child per day for these services. Parents will have to apply directly to the School District to determine eligibility for these services. Upon approval, the School District will provide the parents with the names of approved after-school child care agencies. The parents will be able to select a provider ftom that list. It would be reasonable to assume that Delray Beach residents would select a provider in the City, but that is their option. All the attached information has been reviewed and approved by the City Attorney's office. v ~eø1 V /O/IO/q ? Ii- . . . THE SCHOOL BOARD DR. C. MONICA UHLHORN SUPERINTENDENT OF PALM BEACH COUNìY, FLORIDA OF SCHOOLS . CHILD CARE SERVICES 3310 FOREST HILL BOULEVARD, C-2 WEST PALM BEACH, FL33406-5813 Contact Person (407) 434-8243 Mary Ussery Phone # 434-8720 January 18, 1995 Dear Applicant: Enclosed is a application for providing Child Care Services through vendor agreement with The School District of Palm Beach County for the 95/96 fiscal year. Please read all of the information provided carefully as all the items are important if you are accepted as a vendor. If you are not currently contracting with the School District for Child Care, a pre-service assessment must be performed on your program. A score of 70% or above must be achieved prior to agreement execution. The completed aDDlication is due in my office by February 28, 1995 at the followina address: The School District of Palm Beach County Child Care Services Program 3310 Forest Hill Blvd., suite C-223 West Pa1m Beach, FL 33406-8243 Please keep in mind that child care slots are not assigned to centers. Children are enrolled in a center by parental choice. There is no guarantee that parents will select a particular center, therefore there is no guarantee of the amount of funds allocated. Questions regarding these matters are to be directed to Mary Ussery at (407)434-8720. Sincerely, ~¿~iJVW1: Eli abeth . Wesley, anager Child Care Services EJW: mu Enclosure · \ SCHOOL DISTRICT OF PALM BEACH COUNTY DEPARTMENT OF CURRICULUM AND INSTRUCTION CHILD CARE SERVICES CHILD CARE SERVICES PROVIDER APPLICATION section I. Provider Information A. Legal Status of Child Care Center(s) X Non-Profit (attach list of Board Chairperson and members) Delray Beach City Commission (attached) Proprietary, Incorporated (attach copy of Articles of Incorporation) Proprietary, Unincorporated B. Full Legal Name of corporation: City of Delray Beach Parks and Recreation Department corporation Address: 50 N.W. 1st Avenue. Delray Beach. Florida 33444 Telephone Number: (407) 243-7250 Federal ID#: 59-6000308 Name of President: Mayor Thomas E. Lynch C. Do you pay city taxes? Yes____ No~(N/A) If yes, list city(ies). D. Service Programs Requested: X Title XX X Title IV-A X JTPA X Teenage Parent Program x Refugee/Entrant (only non-profit centers may request) E. signature of President/Chairman/Owner F. Are you registered as a minority vendor with the School District of Palm Beach County, or will you be applying for minority vendor status. ____ Yes -A-- No G. Reimbursement checks may be mailed (indicate the address below) or may be picked up at The School District Administrative Center, Child Care services Office, 3310 Forest Hill Blvd., C-223, West Palm Beach, FL 33406-5813. Please indicate your choice below: x Mail to: Delray Beach Parks and Recreation Dept. 50 N.W. 1st Avenue Delrav Beach. Fl. 33444 Attn: Pamela Post-Recreation Superintendent Pick up at School District Administrative Center PROVAPP. I ( 1 ) . . " [IT' DF DELRAY BEA£H DHRAY BEACH , ~ () R [) " tdb:II 100 NW,1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243·7000 All· America City , III J! 1993 DELRAY BEACH CITY COMMISSION THOMAS E. LyNCH................................ MAYOR KEN ELLINGSWORTH...............................VICE MAYOR BARBARA D. SMITH............................... DEPUTY VICE MAYOR JAY ALPERIN................................... . COMMISSIONER DAVID RANDOLPH.....,.......................... . COMMISSIONER @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ., I Section II: Center Information (Complete a separate section II for each site to be included in the contract) A. Center Name: Delray Beach Community Center B. Center Address: 50 N.W. 1st Avenue Delrav Beach. Fl. 33444 C. Mailing Address: Same D. Telephone: 407-241-72')0 Fax: 407 243-3774 E. Center Director/Facility Supervisor: Rod~er Riheiro F. SyhedUle of operftion Hours G. Licensed Capacity Afterschool hours Monday 2:00 to 6:00 Infants Tuesday 2:00 to 6:00 Toddlers Wednesday 2:00 to 6:00 Preschoolers Thursday 2:00 to 6:00 School Aged 100 Friday 2:00 to 6:00 Saturday to Total 100 Sunday to H. Daily Rates charged to private clients effective July 1, 1995 Age Category Full Time Part Time Hourly Registra- up to 10 hrs up to 5 hrs tion Fee Infants (0-1 Year) Toddlers (1-2 Years) Preschoolers (2-5 Years) Age Holiday/ Before After Both Before Registra- Category Full Day Care Care /After Care tion Fee School ø $10.00 1st ch ld Aged $ 5.00 each a d' 1. child (2) , " section II: Center Information (Complete a separate section II for each site to be included in the contract) A. Center Name: Carver Community Middle School B. Center Address: 101 Barwick Road Delrav Beach, Fl. 33445 C. Mailing Address: 50 N.W. 1st Avenue Delrav Beach. Fl. 33444 Attn: Christopher Naugle D. Telephone: 407 498-1844 Fax: 407 243-3774 E. Center Director/Facility Supervisor: Christopher Naugle F. Schedule of operation Hours G. Licensed Capacity Monday 3:30 to 6:00 Infants Tuesday 3:30 to 6:00 Toddlers Wednesday 3:30 to 6:00 Preschoolers Thursday 3:30 to 6:00 School Aged 100 Friday 3:30 to 6:00 Saturday to Total 100 Sunday to H. Daily Rates charged to private clients effective July 1, 1995 Age Category Full Time Part Time Hourly Registra- up to 10 hrs up to 5 hrs tion Fee Infants (0-1 Year) Toddlers (1-2 Years) Preschoolers (2-5 Years) Age Holiday/ Before After Both Before Registra- Category Full Day Care Care /After Care tion Fee School ø ~10.00 1st Ch' ~d Aged ~ 5.00 each ac ~ ' 1. child (2) .' Section II: Center Information (Complete a separate section II for each site to be included in the contract) A. Center Name: Pompey Park Community Center 1101 N.W. 2nd Street B. Center Address: Delrav Beach. Fl. 33444 Attn: Ann Green C. Mailing Address: Same as above D. Telephone: 407 243-7356 Fax: 407 243-3774 E. Center DirectorlFacility Supervisor: Ann Green F. Sche~ule of o~eration Hours G. Licensed Capacity Afterschoo hours) Monday 2:00 to 6:00 Infants Tuesday 2:00 to 6:00 Toddlers Wednesday 2:00 to 6:00 Preschoolers Thursday 2:00 to 6:00 School Aged 200 Friday 2:00 to 6:00 Saturday to Total 200 Sunday to H. Dailv Rates charged to private clients effective July 1, 1995 Age Category Full Time Part Time Hourly Registra- up to 10 hrs up to 5 hrs tion Fee Infants (0-1 Year) Toddlers (1-2 Years) Preschoolers (2-5 Years) Age Holiday/ Before After Both Before Registra- Category Full Day Care Care /After Care tion Fee School ø $10.00 1st ct 'ld Aged $ 5.00 each é :ld' 1. child (2) -., Section II: Center Information (Complete a separate section II for each site to be included in the contract) A. Center Name: Delray Beach Full Service Center B. Center Address: 301 S.W. 14th Avenue Delray Beach, Fl. 33444 C. Mailing Address: 50 N.W. 1st Avenue Delray Beach. Fl. 33444 Attn: Carolyn Parker-Ware D. Telephone: 407 243-7250 Fax: 407 243-3774 E. Center Director/Facility Supervisor: Carolyn Parker-Ware F. Schedule of Operation Hours G. Licensed Capacity Monday 2:00 to 6,: 00 Infants Tuesday 2:00 to 6:00 Toddlers Wednesday 2:00 to 6:00 Preschoolers Thursday 2:00 to 6:00 School Aged Friday 2:00 to ,6: 00 Saturday to Total * Sunday to H. Daily Rates charged to private clients effective July 1, 1995 Age Category Full Time Part Time Hourly Registra- up to 10 hrs up to 5 hrs tion Fee Infants (0-1 Year) Toddlers (1-2 Years) Preschoolers (2-5 Years) Age Holiday/ Before After Both Before Registra- Category Full Day Care Care ¡After Care tion Fee School ø $10.00 1 stet p.ld Aged $ 5.00 each é ~d'l.child * Program listed above currently operating from Pompey Park facility. It will return to Delray Beach Full Service Center when the building renovations are completed and the childca~) license is re-instated. , ·' I. If your services include extended (non-traditional) hours of care (evenings & weekends), explain your ra'tes for this type of care. N/A J. Do you give discounts to families with more than one child enrolled? X Yes No - - If yes, explain your discounted rates. Currently, parent pays registration fee ONLY for the program: $10.00 1st child and $5.00 each additional children. We antlclpate instituting a sliding scale fee for the 96/97 school year. Those rates have no~ been determined. K. List your adult to child ratios: 1 adult to infants (age 0 to 12 mos.) 1 adult to toddlers (age 12 to 24 mos.) 1 adult to preschoolers (age 2-5 yrs.) 1 adult to 17 school-aged children L. Transportation Services (Please answer yes or no to the following questions.) Do you transport children? Yes (If answer is no, go to N.) Do you provide transportation for field trips? Yes Do you provide transportation to your after school program? Yes Do you provide transportation to and from children's homes? Yes (if a need is shown) Do you own your transportation vehicles? No Do you lease your transportation vehicles? Yes M. List the elementary schools which your center provides transportation services for school-aged c~ildren: The School board bus transport system will provi e transportation to our program from any public s'èhool in the Hoca, DelràY, Böynton area(however; the program is for Delray Heach Kes1dën~s only) except Pine Grove & Spady, where the City provides transportation. The City also provides transportation home if a need is shown. N. What meals/snacks do you provide? Daily snack of sandwiches, fruit or other appropriate food. O. Is there a separate charge for meals? ___ Yes X No If yes, list charges. --- (3) . P. List the days your center will be closed in 1995. * Sept.25 * Oct. 27 Jan.15 * March 29 May 27 * Oct. 4 Nov. 22-24 Jan. 26 * April 1:-8 Oct.13 *Dec.18-Jan.l Feb.19 April 19 * nays when separate School's Day out sessions or camps will be offered. Q. List names of staff member(s) with a college degree, recognized credential (such as a CDA) , or state required annual training hours: Name Type of Credential or # Annual Hours Pamela Post-Recreation Superintendent B.A. degree Rodger Ribeiro-Recreation Supervisor III B.S. degree r.hri~ropher Naugle-Recreation Supervisor II B.S. degree Other Site Supervisors (2), Program Coordinator (1), & all Recreation Leaders maintain HRS 30-hour training certificate. R. List any special accreditations your center has earned (such as NAEYC). Attach copy to application. N/A S. Attach a proposed 12 month line item budget to the application. T. Attach a copy of your Center's License to the application. u. Attach an original certificate of Insurance. (See insurance requirements Attachment III) V. Attach a parent handbook with your application. (do not provide) w. Attach your published rates with your application. (If not included in your parent handbook.) X. List any other information about your center you would like us to know. PROVAPP.II (4) . SECTION III - PROVIDER QUALIFICATION AND INFORMATION A. The provider shall meet all licensing standards to provide center-based child care services and shall meet any other applicable local requirements. B. The provider agrees to conform to Chapter 10M-11, Florida Administrative Code, Subsidized Child Care as required by the Department of Health and Rehabilitative Services. (See Attachment I which you may detach and keep.) C. Award of vendor agreement does not guarantee placement of any child to a particular center. Placement is contingent upon parental choice and availability of funds. D. The final agreement between the School District of Palm Beach County and a successful provider will follow a standard School District Child Care Services vendor agreement format, and can be expected to contain those performance requirements and terms and conditions normal to the conduct of a child care program. The following will familiarize the prospective applicant with those particular vendor agreement terms and conditions. E. The successful provider will be qualified and eligible to receive a vendor agreement under applicable public policy law, Chapter 10M-11, Florida Administrative Code, Subsidized Child Care, or Federal requirements, whichever is more stringent. The center must be maintained at all times so as to be in compliance with state and local licensing and fire regulations. F. Convenient hours of operation must be maintained in order to meet the needs of working parents. The program must operate a minimum of ten hours per day to begin no later than 7:30 A.M. and close no earlier than 5:30 P.M. G. Client eligibility and authorization for service must be made by the School District Child Care Services office only. No eligible child may be denied service when space and funding are available. Clients are determined eligible as per each program's guidelines. H. A current record must be maintained on each child in the program. The record must include current Application for Social Services, Addendum bearing valid authorization for the provision of services, enrollment and attendance data, appropriate documentation of prolonged excused absences, (5) . " . information pertaining to the child's health and immunization record, and pertinent information regarding the child's parents or caretaker. The 'successful provider must identify specific staff to maintain and submit appropriate documentation. I. The successful provider must demonstrate the ability to provide year-round services in a healthy and safe environment that is conducive to creative development and promotion of exploration and experimentation by the child. The indoor/outdoor equipment, supplies, and educational aids must be suitable to the size and age of the children contracted for, and in a variety and sufficiency to serve the total enrollment. Parents must be provided with opportunities convenient to them to observe their children in the program, and to work with the program whenever possible. J. The successful provider must maintain books, records and documents in accordance with appropriate accounting procedures and practices which sufficiently and properly reflect all expenditures of funds and revenues. These books, records and documents shall be available at all times to inspection, review, or audit by the funding agencies. K. The successful provider shall not assign the responsibility of this vendor agreement to another party nor subcontract with another party without prior written approval of the School District. In the event of a change in ownership the prospective buyer may submit an application for vendor agreement, sUbject to approval of the School District. This process may take up to six weeks. L. Title XX is federally funded through the Social Services Block Grant, Child Care Development Block Grant, and Grants and Donations Trust Fund, and state funded through General Revenue dollars. There is a local donor requirement. Title IV-A is federally funded through the Family Support Act and state funded through General Revenue dollars. The Refugee/Entrant Program is 100% federally funded through Grants & Donations Trust Fund. The Teenage Parent Program is funded by the Florida Education Finance Plan and managed by the Department of Education. The Job Training Partnership Act (JTPA) is federally funded and is administered locally by the Private Industry Council. (6) . , M. Vendor agreements will be negotiated based on the maximum daily rates for child care services established by the state of Florida, and approved by the District Health and Rehabilitative Services Off ice. The School District shall reimburse the successful providers on a monthly basis for services rendered. Reimbursement will be based on attendance of eligible children enrolled using the state of Florida, Department of Health and Rehabilitative Services' definition of enrollment. N. Following are the approved current maximum daily rates allowed. Rates paid by the state cannot exceed those charged the general public. Rates must be justified by the program. Full Time Part Time Dailv Daily Hourly Infants $16.00 $ 8.80 $ 2.40 Toddlers $14.40 $ 7.90 $ 2.20 Preschool $14.00 $ 7.70 $ 2.10 School-Age $15.00 $ 7.00 $ lo 95 o. The rates listed above must cover all fees required by the vendor except transportation fees and late pick-up fees. P. The submission and verification of expenses and the payment of same by the School District Finance Department often require several weeks. iT is ADViSABLE, THEREFORE, THAT ORGANiZATIONS CONTRACTING WiTH THE SCHOOL BOARD HAVE AVAILABLE SUFFICiENT WORKING CAPiTAL TO HEET INTERIH EXPENSES FOR A PERIOD OF AT LEAST EiGHT (8) WEEKS. Q. The School District reserves the right to request clarifica- tion of information submitted in any application, as well as to request additional information from any applicant. R. Unless the provider's breach is waived by the School District in writing, the School District may, by written notice to the provider, terminate this vendor agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. (7) . , S. In the event any of the provisions of this application are violated by the provider, the Superintendent or her designee shall give written notice to the provider stating the deficiencies and unless the deficiencies are corrected within ten (10) days, recommendation will be made to the School District for immediate cancellation. Upon cancellation hereunder the School District of Palm Beach County, Florida, may pursue any and all legal remedies as provided herein and by law. The School District of Palm Beach County, Florida, reserves the right to terminate any vendor agreement resulting from this invitation at any time and for any reason, upon giving thirty ( 30) days prior written notice to the other party. If said vendor agreement should be terminated for convenience as provided herein, the School District shall be relieved of all obligations under said vendor agreement. The School District of Palm Beach County shall only be required to pay to the provider that amount of the agreement actually performed to the date of termination. T. Awardee by virtue of signature on page one (1) of the Application (authorized signature must be done manually) , certifies that he or she has not been convicted of a public entity crime as defined in section 287.133 of the Florida State Statutes. A public entity crime as defined in section 287.133 of the Florida State Statutes includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with any agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or such agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. Attached is a certificate to be completed and submitted with the application. (Attachment II) u. See Attachment III for insurance requirements. The School District of Palm Beach County must be named additional insured on Þolicy. Vendor agreements will not be released until the certificate of insurance meeting the requirements is received. V. Providers must notify the School District in writing of any change in the authorized representative and/or Center Director responsible for the administration of the program under said vendor agreement. (8) . . , W. Providers must, prior to vendor agreement execution, complete the Certification Regarding Lobbying form. Attached is the form to be completed and submitted with the application. (Attachment IV) X. Providers must, prior to vendor agreement execution, complete the certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion form. Attached is the form to be completed and submitted with the application. (Attachment V) Y. Providers must achieve a minimum score of 70% on the last monitoring with the Child Care Program Assessment Tool or 70% on a pre-service monitoring. z. Centers owned by minorities, and/or women, must apply for Minority Vendor Status by contacting Alfred Jones at 434-8508. I have read sectiôn III of the Child Care Services Provider Application and understand its contents. Signature of President/Chairman/Owner Date Name Typed or Printed Title PROVAPP. II I ( 9 ) . · , I Attachment I (R. 5/92) SUBSIDIZED CHILD CARE 10M-ll.003 Chapter lOM-l1 through a contractual purchase of service system SUBSiDIZED CHiLD CARE and a voucher system. (a) The Central agencies shall enter into IOM-ll.OOl PURPOSE contractual purchase of service agreement with IOM-ll.OO2 CENTRAL AGENCIES any licensed provider which has agreed to: IOM-ll.OO3 MINIMUM STANDARDS 1. An assessment using the department's Child LICENSED CHILD CARE PROGRAMS Care Program Assessment and maintenance of a minimwn score to be detennined by the IOM-ll.OOl PURPOSE department; and (1) The department purchases child day care 2. Meet all sections of 10M-ll, F.A.C. Children services through central agencies as defined in eligible for subsidized child care services under the 10M-lI.002, and through agencies administering category of "at-risk of abuse or neglect" must omy family day care home networks. Child day care be served in licensed programs under this services include those programs operated through paragraph. licensed centers pursuant to s. 402.302, F.S. (b) Central agencies shall implement a voucher licensed or registered family day care homes, and system to enable parents to be reimbursed for all providers legally exempt from licensure other legal child care arrangements which they requirements. Families and children must meet choose to utilize. A voucher system must be the eligibility requirements established by the available to parents year around or until funds for Department of Health and Rehabilitative Services. child care are no longer available. Central The nwnber of child day care units purchased and agencies shall maintain a registration of providers the amount paid is detennined by the availability chosen by the parent which shall include certain and cost of services in the area, the availability of infonnation to be detennined by the department. local match, and state and federal funds. 3. The department shall develop a methodology (2) Licensing and Registration Requirements. for a sliding fee scale for use by central agencies (a) Child care facilities from which child care is with all parents, except those eligible as: purchased must meet applicable state, local and (a) At-risk of abuse or neglect; federal standards. (b) Participants in a federal employment or (b) Family care homes from which child care is training program; or purchased must be licensed, if required by county (c) AFDC employed. ordinance or resolution. Family day care homes This methodology shall be based on the federal not required to be licensed must be registered poverty guidelines or the state median income. annually with the licensing authority. Specific AUlhorily 409.026, 402.305 (l)(d) FS. Law (c) The licensing standards to be applied to Implemented 409.026, 402.305 FS. Hislory-New 12-2-82. centers and homes required to be licensed are the Formerly 10M-ll.02. Amended 3-II-86, 3-22-92. State of Florida's Child Care Standards, 10M-12, lOM-ll.OO3 Minimum Standards for 1..it--I Minimwn Standards for Child Care Programs, and Family Day Care Standards, 10M-IO except Cbi1d Care Programs. where these standards are superseded by more (1) Child Care and Development. stringent local standards or laws. (a) Personnel Specific AUlhorily 409.26 402.305(l)(d) FS. Law 1. Qualifications. The personnel of a child care Implemented 409.026. 402.305 FS Hislory-New 12-2-82. program shall be qualified through training and Formerly JOM-II.OJ. Amended 3-II-86. 9-25-89, experience to provide good physical care, maintain 3-22-92. responsible supervision, and provide meaningful developmentally appropriate experiences to IOM-ll.OO2 Cenlral Agencies promote the total development of the children (1) Central Agencies are defined as agencies enrolled. which directly operate or subcontract with three 2. Training. All child care personnel must meet or more centers, and issues vouchers for the the training requirements defined in 10M- purchase of child care services. In addition, 12.002(4)(a) and (b). ' central agencies are responsible for administrative 3. Responsibilities. At all times, one qualified and direct supportive services to parents and adult must be designated in writing as being "in caregivers. charge". The adult regularly and directly in (2) Central agencies may procure child care (0) · " . Attachment I Pg 2 in charge of a child care program must be on site supplies appropriately chosen to provide activities and not engaged in other activities during hours of to stimulate creative and imaginative play and operation. learning experiences both indoors and outdoors. (b) Staffing Requirements for Child Care (c) The indoor and outdoor play space must not Facilities. be overcrowded with furniture or give the 1. The following staff ratio is based on primary appearance of confusion and of being cluttered. responsibility for the direct supervision of Young children need to be provided with a sense children: of orderliness to function well in group situations. (d) The capacity of indoor play space for child Ages of Children Staffing Requirement care facilities must be 20 square feet of usable Ratio space per child, for centers holding a valid license on or before October 1, 1992. For centers seeking regulatory approval after October 1, 1992, the Birth through 1 year 1 staff member for 4 capacity of indoor play space must be 35 square of age children feet of usable space per child. (3) Daily Routine and Program. 1 to 2 years of age 1 staff member for 6 (a) Infants to age two. children 1. Throughout the day when infants are awake, staff members will talk to, hold and play with 2 to 3 years of age 1 staff member for 11 them, as well as encourage them to play with crib children toys. 2. Infants who are crawling and toddling shall 3 to 4 years of age 1 staff member for 15 have planned activity periods of play suitable to children stimulate their interest, opportunities for talking and cuddling with staff members, and ample 4 to 5 years of age I staff member for 20 opportunities for exercise outside of their cribs on children mats placed on a clean floor surface. 3. All infants shall have daily outdoor periods, Over 5 years of age 1 staff member for 25 weather pennitting. A separately fenced play children space shall be provided for infants under two years of age. 2. Direct supervision means watching and 4. During feeding, infants shall be held in the directing children's activities within close anns of a staff person, when appropriate, proximity within the same room, inside, or within according to the infant's age and size. a designated outdoor play area. Employees and (b) Children age two and older. volunteers at a center must be assigned to provide 1. There must be a daily program planned to care to a specific group of children and be present provide meaningful experiences geared to the age with that group of children at all times during the level of the children and to meet the social, day including meals, napping and snack time. emotional, physical, and intellectual needs of each (c) Staffing Requirements for Family Day Care child as well as those of the total group. Homes. Staffing ratios for family day care homes 2. Planned daily activities shall include, but not must comply with state standards and law as be limited to experiences in creative expression, delineated in 10M-I0, F.A.C., except where local language development, block building, creative standards exceed the state's requirements. and dramatic play, discovery and manipulative (2) Furnishings, Equipment, Space and Supplies. play. (a) A child care program shall have equipment 3. Activities for both indoor and outdoor play such as tables, chairs, bedding and shelves for shall be provided by a flexible daily schedule of storage and display of toys and materials which is regular routines to give the children the sense of suitable to the size and number of the children. security they need to help them become self- Appropriate indoor and outdoor equipment shall directing, independent, and to develop a positive be of sufficient quality, quantity, and durability to self-image. meet the developmental needs of the children in (c) Rest for all age children. care. 1. All infants shall have ample opportunity for (b) There shall be enough play equipment and rest before and after lunch and at other times (11 ) . . " Attachment I Pg 3 . whenever they seem fatigued. Bottles shall not be propped or placed in cribs. 2. If napping, each child in care must rest on bedding with appropriate covering, such as blankets, sheets, quilts, etc. 3. The length of rest time necessary for preschool and school age children should be detennined by their age and individual need. (d) Nutrition for all age children. 1. All children who have arrived more than 2 hours before lunch and who have not received breakfast at the time they have arrived at the child care program must be served a nourishing breakfast or snack. 2. The child care program shall ,ensure that children are provided meals and snacks of a quantity and quality to supplement food served at home so that the daily nutritional needs of the children are met according to the guidelines of lOM-12.006, F.A.C. for centers and lOM-IO.OO4, 'C'.A.C., for homes. 3. The planned nutrition services shall contribute to the development and socialization of the children as age appropriate. a. Opportunity shall be provided for the involvement of children in activities related to meal service. b. Children and staff should sit together at meal time to share a socializing experience in a relaxed atmosphere. If staff eat with the children, they should follow the swne menu as the children. (4) Child Discipline for all children. (a) The children in a child care program should be disciplined only in a constructive manner. (b) Children shall not be subject to discipline which is severe, hwniliating, or frightening. (c) Discipline shall not be associated with food, rest, or toileting. (d) Spanking or any other fonn of physical punishment is prohibited. (5) Parent Involvement. The child care progrwn shall provide opportunities for parent participation in program planning by one or more of the following methods of involvement: classroom and program activities, communication of community resources, newsletters, parent meetings, classroom observation, and suggestions on operational issues. Each program or caregiver must have a written policy which allows unannounced drop-in visits by the parents. A copy of this policy shall be provided to the parents at the time of enrollment. (12) · , .' Attachment II SWORN STATEMENT PURSUANT TO SECI10N 287.133(3)(a), FLORIDA STATUTES. ON PUBUC ENT1'IY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFIcw. AUTHORIZED TO ADMINISTER OATHS. 1. This swom statement Is submitted to [priDt lUUDe of the publ1c entity] by [print IndhiduaJ'. lUUDe and title) for [print lUUDe of entity .nbmltt1n¡ swom statement) whose business address Is and (it applicable) its Federal Employer Identi1lca~on Number (FEIN) is (It the entity has no FEIN, include the Social Sec:urity Number of the individual signing this swom statement: .) 2. I understand that a -public entity crime- as defined in Paragraph 287.133(1)00, F10rfda Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or poütical subdivision of any other state or of the United States, including, but not limitec! to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antiuust, fraud, theft, bnõery, collusion, racketeering, couspiracy, or material misrepresentation. 3. I understand that -convicted- or -conviction- as defined in Paragraph 287.133(1)(b), F10rlda Statutes. means a finding of guilt or a conviction of a pubüc entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjwy uial, or enay of a plea of guilty or nolo contendere. 4. I understand that an -atmiate- as defined in Paragraph 287.133(1)(a), F10rlda Statutes. means: 1. A predecessor or successor of a person convicted of a pubUc entity crime; or 2. An entity UDder the control of any natural person who Is active in the managemcnt of thc entity and who bas been convicted of a public entity crime. The term -affiliate- includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in anothcr person, or a pooling of equipmcnt or income among persons when Dot for !air market value under an L~'S length agreement, shall be a prima fade case that one person controls another person. A person who knowingly enters into a joint venture with a person who bas been convicted of a public entity crime in F10rida during the preceding 36 months shall be coDSidcred an atmiate. S. I understand that a -person- as defined in Paragraph 287.133(l)(e), F1oric!a Statutes. means any natural person or entity orpn17f04 under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contraCtS for the provision of goods or services let by a public entity, or which otherwise traDSadS or applies to tranSaCt business with a public entity. The term -person- includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. (13) . '. " 6. Based on information and belief, the statement which I have marked below is truè in rela~ion to the entity submitting this sworn statement. [indicate which statement applies.] _ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FOP....1Id TO THE CONTRACTING OFFICER FOR THE PUBUC ENTITY IDENTIFIED IN PARAGRAPH· 1 (ONE) ABOVE IS FOR THAT PUBUC ENTI1Y ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUC ENTI1Y PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY 1WO OF ANY CHANGE IN THE INFORMATION CONTAINED IN TmS FORM. [signatore] ,-- .' ,_. Sworn to and subscnòed before me this day of .19_. Personally known OR Produced identification Notary Public - State of My commission expires (Type of identification) (printed typed or stamped commissioned name of notary public) Form PUR 7068 (Rev. (6118192) This form is valid January 1, 1995 PB~D 1437 ~07/92) through December 31, 1995 . (14) . . Attachment III SPECIAL CONDiTiON REQUIREMENTS iNSURANCE REOUiREMENTS Proof of the following insurance will be furnished by the sucçessful provider(s) to the School District of Palm Beach County by certificate of Insurance within 10 days of execution of vendor agreement. Such certificate must contain a provision for notification to the District thirty (30) days in advance of any material change in coverage or cancellation. The School District of Palm Beach County, Florida, shall be included as an additional insured under the General Liability policy including Product Liability. 1. General Liability Insurance, including Contractual Liability to cover the "Hold Harmless Agreement" set forth herein, with bodily injury limits of not less than $1,000,000.00 per occurrence combined single limit for bodily injury and property damage. 2. Auto Liability Insurance with bodily injury and property damage limits of not less than $1,000,000.00 per claimant, $1,000,000.00 per occurrence if children are transported. The successful provider agrees, by accepting the award of this agreement, to the following "Hold Harmless Agreement". During the term of this agreement, the vendor shall indemnify, hold harmless, and defend the School District of Palm Beach County, Florida, its agents, servants, and employees from any and all costs and expenses, including, but not limited to attorney's fees, reasonable investigative and discovery costs, court costs and all other which the District, its agents, servants, and employees may payor become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim or action founded, thereon, arising or alleged to have arisen out of the products, goods or services furnished by the vendor, their agents, servants or employees, or any of their equipment when such persons or equipment are on the premises owned or controlled by the District for the purpose of performing services, delivering products or goods, installing equipment, or otherwise transacting business, whether such claim or claims be for damages, injury to person or property, including the District's property, or death of any person, group or organization, whether employed by the vendor or the District or otherwise. spconreq (15) . Attachment IV , CERTIFICATiON REGARDiNG LOBBYING CERTIFICATION FOR CONTRACTS. GRANTS. LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Date Name of Authorized Individual Application or Contract Number Nam~ and Address of Organization (16) . . " Attachment V Contract No. , CERTIFICATION REGARDING DEBARMENT. SUSPENSION. INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg. , pages,20360-20369). INS'"fAUCTlONS 1. Each provider whose contract/subcontract equals or exceeds $25,000 In federal monies must sign this certification prior to execution of each contract/subcontract. Additionally, providers who audit federal programs must also sign. regardless of the contract amount HRS cannot contract with these tvDes of croviders if thev are debarred or suscended bv the federal oovernment. 2. This certification is a material representation of fact upon which reliance Is placed when this contract/subcontract is entered Into. If It Is later detennined that the signer knowingly rendered an erroneous certification, the Federal Government may pursue avaßable remedies, Including suspension and/or debannent 3. The provider shall provide Immediate written notice to the contract manager at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The tenns ·debarred,· ·suspended,· ·Inellgible,· ·person,· ·princlpal,· and -Vofuntarily excluded,· as used In this certificatIon, have the meanings set out In the Definitions and Coverage sections of rUles Implementing Executive Order 12549. You may contact the contract manager for assistance In obtaining a copy of those regulations. 5. The p~ovider agrees by submitting this certification that, It shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or vofuntarUy excluded from participation In this contract/subcontract unless authorized by the Federal Government 6. The provider further agrees by submitting this certification that It wUI require each subcontractor of this contract/subcontract, whose payment will equal or exceed $25,000 In federal monies, to submit a signed copy of this certification. 7. The Department of Health and RehabUitative Services may rely upon a certification of a provider that it Is not debarred, suspended, ineligible, or voluntarUy excluded from contracting/subcontracting unless It knows that the certification is erroneous. 8. This signed certification must be kept in the contract manager's contract file. Subcontractor's certifications must be kept at the contractor's business location. CER'l'iJ'ICATIOH - (1) The prospective provider certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract/subcontract by any federal departmen~ or agency. (2) Where the prospective provider is unable to certify to any of the statements in this certification, such prospective provider shall attach an explanation to this certification. Signature Date -----..-" (17) . Attachment VIII THE SCHOOL BOARD OF PALM BEACH COUNTY CHILD CARE SERVICES APPLICATION FOR VENDOR AGREEMENT - CHECKLIST - * PLEASE FILL IN BLANK WITH "Y" FOR "YES" OR "N" FOR "NO" 1. HAVE YOU ANSWERED ALL QUESTIONS? 2. HAVE YOU COMPLETED A SEPARATE SECTION II FOR EACH CENTER SITE? 3. HAS THE PERSON AUTHORIZED TO SIGN THE VENDOR AGREEMENT REVIEWED AND SIGNED PAGES 1 and 9? 4. HAVE YOU INCLUDED A 12 MONTH LINE-ITEM BUDGET? 5. HAVE YOU ATTACHED A COPY OF YOUR CENTER'S LICENSE? 6. HAVE YOU ATTACHED AN ORiGiNAL CERTIFICATE OF INSURANCE NAMING 'THE SCHOOL DISTRICT OF PALM BEACH COUNTY' AS ADDITIONALLY INSURED? 7. HAVE YOU COMPLETED ATTACHMENT II FOR PUBLIC ENTITY CRIMES AND CHECKED THE APPROPRIATE PARAGRAH UNDER #6? 3. HAVE YOU INCLUDED COPIES OF ANY SPECIAL ACCREDITATIONS YOUR CENTER HAS RECEIVED? 9. HAVE YOU CONTACTED MR. JONES CONCERNING MINORITY VENDOR STATUS, IF APPLICABLE? 10. HAVE YOU INCLUDED YOUR PARENT HANDBOOK AND PUBLISHED RATE SHEET? 11. HAVE YOU COMPLETED ATTACHMENT IV FOR CERTIFICATION REGARDING LOBBYING? 12. HAVE YOU COMPLETED ATTACHMENT V FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION? CKLIST.APP (18) 0.., .' . [~TY DF DELRAY BEA[H DELRAY BEACH ¡ ( 0 II I \) A bed 100 NW,1 st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000 All-America City 'IIII"~ 1993 The City of Del ray Beach Parks and Recreation Department's general operating budget for 1995-96 has been approved for $5,222,660 for 11 divisions. Attached is the line item budget for the After School Program only which shows an annual operating budget of $289,930. Other divisions within the department are as follows: Day Camp Administration AtWeticslSpecial Events Beach Tennis Center Community Center Veterans Park Pompey Park Cemetery If you have questions or require further information, please call Pamela Post, Recreation Superintendent, at (407) 243-7250. @-nt8don Recycled Paper THE EFFORT ALWAYS MATTERS ,·1 IOtIM I~II ~ <.,;ø 11'1" ... r ~ .~- - ...1 ,"~ .' '" ·"f" " <D .;;o~.-¡.,!'" .¡^ " .. 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WiÆ;~fi1~~~~{>:I.{1~~~fÆi?~$~1;r~1t~~~~~'l~:i;tr1;J ....: jJi';~f.~t:n:f%~~~.~r'bef3 J)i!'b" ~~.It,~'r<l,"§t[W~çnJ.lt1JJ.N.1·'t-ï/-C-.ENz1'ßE",;&~Å :~';-,-\',*}~~:'j:';~',~~~'I';\~00~~~~;\~:~~,,¿.)~..·;;. "~':'''' ' '\ '.'1 ~ '~ '~"~,,, ~lZ;'"T, /,',; ",'," ... . OJ "." " -', . . '" .~-:-"..; . ''''''.-- '" .. './j/7 /' (7 ',/('1(',1'/;,'" '" '~""" '-,1. / -f'.--a-'^-. .;>"...-<- t- ~vl:""" ,.....' ":1.L: ~,~,/~.",;", . -' ",' ""'" . / //Director r----r--r.- W'}-::,è é........ HRS Palm Beach County Public HealJh Unit >;~.~;.) :,:,,:>'~,t".> ~{{::::~:/ ..... THIS LICENSE IS NOT TRANSFERABLE AND MUST BE DISPLAYED CONSPICUOUSLY ~Ríltf"ìfll-r\ilrìíílt7\tltìíílrìíílrì'\íI'ìííltìíílll\'ltìíílfr¡IIrì'\íIi7\\IJ'KíIrì'\í11ìííIIYWIM'IIr\iIIYWlfA,I'ìííllfY¡IIY\tllìíílrì'\íIM'IIl\'II-r\iIIl\,li1)'¡!i'í~'í1ì1~;ffi~ìZ5.im~í!U~~~¡j5'ffi '" -i I C/) r- () m Z C/) m 'c/) Z 0 '. -i -i ~ Z p¡,// C/) ï1 m ~ 0:7 r- m » z 0 ~ '~ C C/) ~>;~'~;~b;;};:~,- \~.\~;;:~ ;'~~".' ',:-, :..;, :::';- ~.,}.::..: ;-.::- ,;..~" ~..~, ~ ..;..... ......'<,~: -' ~;>-- ;';,:,~~~~~>ò~~>-.....:-:·;·.,;,:,~:; ~:':i>::""~~~;';" ~. ~ o;~ ) ) . J KJ ~~~----- ~ ¡ ., · ~ ~ITY DF DELIA' BEA[H DElRAY BEACH ¡ l 0 It f) '" ~ 100 N.W.1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243-7000 All· America City CITY OF DELIUW BEACH , 1111' CERTn"ICATE OF SELF-INSURANCE COVERAGE SURED: Date Issued~ 9/26/95 'R" Tl;~ city of Delray Beach, Florida and Boards, Commissions, 1993Councils, Authorities, elected or appointed Officers, Members of Boards, Agencies, and employees. Type of Coverage Eff. Date Exp. Date Limit of Liability in 1,OOO's GENERAL LIABILITY Bodily Injury (XXX) Comprehensive 10/01/95 Until Property Damage (XXX) Premises/Operations Cancelled Personal Injury (XXX) Product/Completed Oper. or Combined (XXX) Contractual Revoked $100 per Claimant (XXX) Independent Contractors $200 per Occurrence (XXX) Broad Form Prop. Damage In accordance with Florida Statutes (XXX) Personal Injury 768.28 ( ) J.\U'l'O LIABILITY Bodily Injury (XXX) Any Auto 10/01/95 Until Property Damage (XXX) All Owned Autos Cancelled Combined (Private Passenger Auto) or $100 per Claimant (XXX) All Owned Autos Revoked $200 per Occurrence (Other than Private Passenger (XXX) Hired Autos In accordance with Florida Statutes (XXX) Non Owned autos 768.28 OTHER Until Per State of Florida Statutes Cancelled Workers' Compensation 10/01/95 or Revoked DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Municipal Government Operations Child Care Services Provider Agreement State of Florida School District of Palm Beach County is an Vehicles As Identified Additional Insured for this Agreement. CANCELLATION: Should any of the above described coverages be cancelled before the expiration date therof, the issuing City will endeavor to mail days written notice to the Certificate Holder named, but failure to mail such notice shall impose no obligation or liability of any kind up the City, its agents, or representatives i CERTIFICATE HOLDER: School Board of Palm Beach County, Florida - School District of Palm Beach County î ~~3310 Forest Hill Blvd., Suite C-223, West Palm Beach, FL 33406-8243 ed Signature r,-. THE EFFORT ALWAYS MATTERS I.:~J Prmt9d on A&cycled Pap&r ., .- -~---~~_·~-~~'~'h, u~ _~ .. ~.~~¡~:=-~ :'1~}~{:>' , . . -.. ~_. " " .': .". .. 1t..ftllr sG~ool pr01r1t..m The City of Delray Beach Parks and Recreation Department, in cooperation with the Children's Services Council of Palm Beach County and the Palm Beach County School Board, provides an After School Recre- ation Child Care Program for elementary and middle school children from 5 to 15 years of age. This program is designed to provide children with supervised, structured recreational activities and acad- , ,. , emic assistance each school day from 2:00 - 6:00 pm. The program provides an opportunity for I children to participate in recreational activities with life-long benefits at the Community Center, Carver Recreation Center, Pompey Park and Carver Community Middle School. Transportation from each site is available. The children participate in a wide variety of activi- . ties, including swimming lessons, golf lessons and tennis lessons taught by professionals in the field, ceramics, science experiments, arts and crafts, trips to the library, games, sports and much, much more! Program registration takes place in early August and fills up quickly. The cost is a $10.00 registration fee . : for the first child and $5.00 for each additional child for ¡. . ':< . .....". ' .'. , - .:'.-. ". the entire school year. .:. ...... ." '.. 1···.'.-.···. For specific registration dates and more information [:'", I" ..... t'.· ... about the program, Call Carolyn Parker-Ware at 243-7249. ¡;" I,;:. . b<:'·:··:: I]";': ..".....:......,.... '/" . :@tf:::{, ...."",,,._;,,.., "Jí~1.] -:.:1::,::::.::,;:-:-:.,; .. ';:: ,';':' \' \rr ~fr:::~'~~;~2~1$;: Ai',:' "";~~Rt~;~~i~¡i~:~{,nit· '". ....... '''''''¡~'¡c....... ........,..... .. ';"?"::<';"<;¡i~¡~ª,~';;;::r:" :, :.:,:..,:.::.;'.:.:.:. ,_.. . ..,...., ,.~. ,,!>.. "' .." . . '. . ...~~. .' ., , ..... . "i¡{il~'iill¡~¡II,I¡i '" Agenda Item No.: f·lI· AGENDA REQUEST Date: September 29. 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: October 12, 1995 Description of agenda item (who, what, where, how much): Request Mayor to sign application for providing Child Care Services through vendor agreement with The School District of Palm Beach County for the 1995/1996 fiscal year for the After School Program. ORDINANCE/ RESOLUTION REQUIRED: YE~ Draft Attached: YES/NO Recommendation: Request Mayor to sign application. Department Head Signature, ~'-R_-( ~,~\ j) c-L, Determination of Consistency Wi~~ comprehensive Plan: , City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/ NO trJ1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. ~ Memorandum To: DAVID HARDEN, CITY MANAGER Thru: LULA BUTLER, COMMUNITY IMPROVEMENT Lb DIRECTOR From: DOROTHY ELLINGTON 0 ~ Date: October 2, 1995 Subject: CDBG FUNDING AGREEMENTS Item Before the Commission This is to request approval to execute formal agreements with the seven nonprofit agencies: 1) The Boys and Girls Club, 2) The Community Child Care Center of Delray Beach, 3) Alpha Time Child Care Center, 4) The Urban League, 5)MAD DADS, 6) HOPE, Inc., and 7) The TED Center. Background A Public Hearing was held on June 6, 1995 to hear citizens comments on the City's proposal (now known as the Consolidated Plan) to allocate Community Development Block Grant dollars for the year beginning October 1, 1995. At that time there were no public objections to staffs proposal to provide the following: 1. Boys and Girls Club - $33,800 to assist with renovations to Catherine Strong Center 2. Community Child Care - $21,000 for one full time position 3. Alpha Time Child Care - $10,000 for one part time position 4. The Urban League - $12,000 for partial payment for one full time position 5. MAD DADs - $58,500 for 2 full time positions 6. HOPE, Inc. - $2,000 to assist in the agency's promotion of Fair Housing Activities 7. The TED Center - $30,000 to renovate their office space. f·X· " · Federal regulations require written agreements prior to disbursement of funds to subrecipients, specifying the work to be peñormed by the agency among other requirements. These agreements have been developed in compliance with 24 CFR 570.503 and have been reviewed by the City Attorney. Recommendations Staff recommends approval to execute the attached agreements so that funding may proceed. ,,' " r I . AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BOYS AND GIRLS CLUB OF PALM BEACH COUNTY, INC. THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made this day of , 1995 by and between the City of Delray Beach, hereinafter referred to as "City" and the Boys & Girls Club of Palm Beach County, Inc. , hereinafter referred to as "The Club" having its principal office located at Carver Middle School, 600 SW 15th Avenue Delray Beach, Florida, is related to the provision of $33,800 in Community Development Block Grant Funds in accordance with budget approval by the City Commission on October 3, 1995. These funds are to be used to renovate the Catherine strong Center which is to be the new site for The Club upon the following terms and conditions: 1. DEFINITIONS The following definitions are provided for the terms set forth herein: a. "CDBG" means Community Development Block Grant program. b. "Program Income" means gross income received directly generated, or earned from the use of CDBG funds. Program Income includes, but is not limited to interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. c. "Federal Labor Standards" means the requirement of Section 110 of the Housing and Community Development Act of 1974 that all laborers and mechanics employed by contractors or subcontractors on construction work financed in whole or in part ". - with assistance received under the Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. 2. STATEMENT OF WORK a. The City and the Club agree that the City shall: i) provide $33,800 for the renovation of Catherine Strong Center, located at . - ii) provide technical assistance upon request to assist the Club in complying with the terms of this contract. This assistance shall include monitoring for Davis-Bacon and Related Acts (Labor Standards). b. The City and the Club agree that the Club shall: i) award contracts for the renovation of Catherine Strong Center in accordance with procurement procedures as described in 24 CFR 85.36; ii) ensure completion of the renovation of Catherine strong Center by providing appropriate work write-ups, building plans and adequate supervision of construction. Further, the Club shall secure all necessary bonding and accept all liability as it may relate directly or indirectly from the construction, and hold harmless and indemnify the City from all construction related deficiencies and liabilities of whatsoever kind as it relates to the construction and renovation. 3. RECORDS AND REPORTS The Club agrees to ensure the submission of all contractor payrolls and itemized pay requests. Prior to bid, the ~ ... agency shall submit to the Community Development Coordinator a copy of the Bid Specification Packet to assure the inclusion of all Federal requirements. The Club further agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this agreement. 4. PROGRAM INCOME Funding is provided to pay the costs of salaries and benefits of one full-time and one part-time position. It is not anticipated that Program Income as defined in Section 2 of this agreement will be generated from these funds. In the event that Program Income is generated, the income may be utilized as operating funds for the Boys and Girls Club of Delray Beach. 5. NON-FEDERAL AUDIT As required by the Single Audit Act of 1984, the Club agrees to provide copies of independent professional audits of its financial activities in order to determine whether CDBG funds have been expended as intended. 6. MONITORING The Club agrees to make its records available to the City in order to assure compliance with applicable Federal and local requirements. The Club further agrees to allow access for site visitation by Federal Monitors as warranted. 7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS The Club agrees to retain supporting documentation relating to activities funded by this grant for a period of three years from the date of September 30, 1996. 8. OTHER PROGRAM REQUIREMENTS .- a) The Club certifies that no person shall on the grounds of race, color, national origin or sex, be denied participation in the organization's activities. . b) The Club agrees to carry out activities for which CDBG funds are provided in compliance with all local and Federal laws and Regulations as described in OMB Circular A-133, OMB Circular A-122 and OMB Circular A-IIO, copies of which are provided for reference. 9. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this agreement may occur if the Boys and Girls Club materially fails to comply with any term of this agreement. This agreement may be terminated for convenience in accordance with 24 CFR 85.44. 10. This Agreement contains all of the parties binding representations to one another. Any amendments or modification hereto must be in writing. BOYS AND GIRLS CLUB ALM BEACH COUNTY, INC. --- CITY OF DELRAY BEACH, FLORIDA BY: MAYOR ATTEST: CITY CLERK '- APPROVED AS TO FORM: CITY ATTORNEY , -' AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS FOR ONE FULL-TIME POSITION BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY CHILD CARE CENTER THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made this day of , 1995 between the City of Delray Beach, hereinafter referred to as "City" and the Community Child Care Center of Delray Beach, hereinafter referred to as the "Center", having its principal office located at 555 Northwest 4th Avenue, Delray Beach, Florida is related to the provision, as per the budget approval' by the City Commission on September 19, 1995 and effective October 1, 1995, of $21,000.00 in Community Development Block Grant Funds to the Center to pay the salary of one full-time administrative position at 40 hours per week upon the following terms and conditions: 1. DEFINITIONS a. "Center" means the Delray Beach Community Child Care Center. b. "City" means the City of Delray Beach c. "Program Income" means gross income received directly generated from the use of CDBG funds. 2. STATEMENT OF WORK The City will disburse monthly payments of $1,750.00 no later than the last working day of each month, beginning in October, 1995 and continuing through September, 1996. The funding shall not exceed the Commission approved dollar amount of $21,000. Monthly release of funds shall be in accordance with this agreement and subject to the approval of the Community Development Coordinator and the Director of the Department of . ;.;.;; - ' Community Improvement. 3. RECORDS AND REPORTS The Center agrees to provide to the City a monthly attendance and enrollment roster which identifies the number of enrollees and levels of family income. This report must be presented no later than the first working day of each month. Additionally the Center agrees to provide monthly time sheets to the City reflecting actual time worked by the CDBG grant-funded Administrator. 4. PROGRAM INCOME The Center agrees to use the funds provided only for the payment of salary and that no part of CDBG funds will by used to generate Program Income. 5. NON-FEDERAL AUDIT As required by the Single Audit Act of 1984, the Center agrees to provide copies of independent professional Audits of Center's financial activities in order to determine whether CDBG funds have been spent as intended. 6. MONITORING The Center agrees to make its records available to the City in order to assure compliance with applicable Federal and local requirements. The Center further agrees to allow access for site visitation by Federal Monitors as warranted. 7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS The Center agrees to retain supporting documentation relating to the full-time administrative position and related activities for a period of three years, dating from September 30, 1996. 2 .., " 8. OTHER PROGRAM REQUIREMENTS The Center certifies that no person shall on the ground of race, color, national origin or sex, be denied participation in the Center's program activities. The Center further agrees to carry out the activity for which CDBG funds are provided in compliance with the policies, guidelines, and requirements of OMB Circulars A-IIO, A-122, and A-133, as applicable, as they relate to the acceptance and use of Federal funds under this part, copies of which are provided for reference. 9. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this agreement may occur if the Center materially fails to comply with any term of this Agreement. This agreement may be terminated for convenience in accordance with 24 CFR 85.44. 10. This Agreement contains all of the parties binding representations to one another. Any amendments or modification hereto must be in writing. 3 .. .' DELRAY BEACH COMMUNITY CHILD CARE CENTER By: CITY OF DELRAY BEACH, FLORIDA By: MAYOR ATTEST: CITY CLERK - APPROVED AS TO FORM: CITY ATTORNEY 4 -' . AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS FOR ONE PART-TIME POSITION BETWEEN THE CITY OF DELRAY BEACH AND ALPHA-TIME CHILDREN' S 'CERTER . . - - - THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made this day of , 1995 between the City of De1ray Beach, hereinafter referred to as "City" and the Alpha-Time Children's Center of De1ray Beach, hereinafter referred to as-the "Center", having its principal office located at 770 Southwest 12th Terrace, Delray Beach, Florida is related to the provision, as per the budget a~proval by the City Commission on September 19, 1995 and effective October 1, 1995, of $10,000.00 in Community Development Block Grant Funds to the Center to pay the salary of one part-time teacher at 20 hours per week upon the following terms and conditions: - 1. DEFINITIONS a. "Center" means the Alpha-Time Children's Center b. "City" means the City of Delray Beach c. "Program Income" means gross income received directly generated from the use of CDBG funds. 2. STATEMENT OF WORK The City agrees to disburse an initial payment of $833.37 on October 30, 1995 which is to cover the month of - October. Each month thereafter, the City will disburse monthly payments of $833.33 no later than the last working day of each month, beginning in November, 1995 and continuing through September, 1996. The funding shall not exceed the Commission approved dollar amount of $10,000. Monthly release of funds shall be in accordance with this Agreement and subject to the approval of the Community Development Coordinator and the Director of Community Improvement. , . . 3. RECORDS AND REPORTS -, ,- . The Center agrees to provide to the City a monthly attendance and enrollment roster which identifies the number of enrollees and levels of family income. This report must be , presented no later than the first working day of each month. Additionally the Center agrees to provide monthly time sheets to the City reflecting actual time worked by the CDBG grant-funded Administrator. 4. PROGRAM INCOME The Center agrees to use the funds provided only for the payment of salary and that no part of CDBG funds will by used to generate Program Income. - 5. NON-FEDERAL AUDIT As required by the Single Audit Act of 1984, the Center agrees to provide copies of independent professional Audits of Center's financial activities in order to determine whether CDBG funds have been spent as intended. 6. MONITORING The Center agrees to make its records available to the City in order to assure compliance with applicable Federal and local requirements. The Center further agrees to allow access for site visitation by Federal Monitors as warranted. 7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS The Center agrees to retain supporting documentation relating to the part-time teacher and related activities for a period of three years, dating from September 30, 1996 2 0, 8. OTHER PROGRAM REQUIREMENTS . \ The Center certifies that no person shall on the ground . . of race, color, national origin or sex, be denied participation ,- - in the Center's program activities. The Center further agrees to carry out the activity for which CDBG funds are provided in compliance with the policies, guidelines, and requirements of OMB Circulars A-llO, A-122, and A-133, as applicable, as they relate to the acceptance and us~ of Federal funds under this part, copies of which are provided for reference. 9. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this agreement may occur if the Center materially fails to comply with any term of this Agreement. This agreement may be terminated for convenience in accordance with 24 CFR - 85.44. 10. This Agreement contains all of the parties binding representations to one another. Any amendments or modification hereto must be in writing. ALPHA-TIME CHILDREN'S CENTER By: ~-J J~ . DIRECTOR CITY OF DELRAY BEACH, FLORIDA By: MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 3 ." :" AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS FOR THE URBAN LEAGUE OF PALM BEACH COUNTY THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made this day of , 1995 between the City of Delray Beach, hereinafter referred to as "City" and the Urban League of Palm County, hereinafter referred to as the "Urban League", having its principal office located at 1700 North Australian Avenue, West Palm Beach, Florida and its satellite office at Carver Service Center, 301 Southwest 14th.Avenue Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission on September 19, 1995 and effective October 1, 1995, of $12,000.00 in Community Development Block Grant Funds to the Urban League to be used to offset the Administrative Costs associated with Housing Counseling and Emergency Intervention programs of the Urban League. This agreement is entered into upon following terms and conditions: 1. DEFINITIONS a. "CDBG" means Community Development Block Grant program. b. "City" means the City of Delray Beach c. "Program Income" means gross income received directly generated, or earned from the use of CDBG funds. Program Income includes, but is not limited to interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. r I 2. STATEMENT OF WORK a) The Urban League shall use the CDBG funds provided to pay the Administrative Costs associated with Housing Counseling and Emergency Intervention programs charged with the following activities: i) Emergency intervention including food, energy and shelter assistance referral; ii) Housing Discrimination Counseling and Referral; b) The City shall: i) disburse an initial payment of $1,000.00 on October 27, 1995 to cover administrative costs for the month of October. Each month thereafter, the City shall disburse monthly payments of $1,000.00 beginning November 1995 and continuing through September 1996. The funding shall not exceed the Commission-approved dollar amount of $12,000.00. Monthly release of funds shall be in accordance with this agreement and subject to the approval of the Community Development Coordinator and the Director of Community Improvement; ii) provide technical/supportive assistance in order to assure the success of the housing counseling program. 3. RECORDS AND REPORTS The Urban League shall submit prior to the disbursement of CDBG funds, Monthly activity reports indicating hours utilized in accomplishing goals. The report at a minimum shall identify the number of households served, household income category, households racial category and number of female heads of household. This report shall be submitted on form HUD 4949.5 2 '" Grantee Performance Report/Direct Benefit Activities (attached). Reports shall be due in the Community Development Office one week prior to the anticipated release of each check. Time Sheets shall reflect actual hours worked by the Delray Beach Satellite Office Coordinator The Urban League agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this agreement. - 4. PROGRAM INCOME Funding is provided to pay the Administrative costs associated with Housing Counseling and Emergency Intervention programs of the Urban League. 5. NON-FEDERAL AUDIT As required by the Single Audit Act of 1984, the Urban League agrees to provide copies of independent professional audits of its financial activities in order to determine whether CDBG funds have been expended as intended. 6. MONITORING The Urban League agrees to make its records available to the City in order to assure compliance with applicable Federal and for site visitation by Federal Monitors as warranted. 7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS The Urban League agrees to retain supporting documentation relating to activities funded by this grant for a period of three years from the date of September 30, 1996. 8. OTHER PROGRAM REQUIREMENTS a) The Urban League certifies that no person shall on 3 <- the grounds of race, color, national origin or sex, be denied participation in the organization's activities. 9. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this agreement may occur if the Urban League materially fails to comply with any term of this Agreement. This agreement may be terminated for convenience in accordance with 24 CFR 85.44. 10. This Agreement contains all of the parties binding representations to one another. Any amendments or modification hereto must be in writing. THE OF PALM BEACH I CITY OF DELRAY BEACH, FLORIDA By: MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 4 · AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS FOR MAD DADS OF GREATER DELRAY BEACH THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made this _ day of , 1995 by and between the City of Delray Beach, hereinafter referred to us "City" and Men Against Destruction Defending Against Drugs of Greater Delray Beach, hereinafter referred to as "MAD DADS", having its principal office located within the corporate limits of Delray Beach, Florida, is related to the provision of $58,500.00 in Community Development Block Grant Funds to be used for salary of two full-time positions to assist in City's Neighborhood Stabilization efforts. WHEREAS, The MAD DADS organization has identified goals and objectives which are consistent with Goals and Objectives of the City's Comprehensive Plan and Comprehensive Housing Affordability Strategy, and; WHEREAS, The City Commission has determined through a formal Public Hearing that the use of Community Development Block Grant funds for this purpose is appropriate, and; WHEREAS, Authorization to award these funds was granted per the budget approval~of the City Commission on September 19, 1995, <- and; NOW, THEREFORE, the parties hereby agree as follows: l. DEFINITIONS The following definitions are provided for the terms set forth herein: a. "CDBG" means Community Development Block Grant -, program. .' .., · b. "City" means City of Delray Beach. c. "MAD DADS" means Men Against Destruction Defending Against Drugs. d. "Program Income" means gross income received directly generated, or earned from the use of CDBG funds. Program Income includes, but is not limited to interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 2. STATEMEJrr OF WORK a) MAD DADS shall use the CDBG funds provided to pay the salaries of two full-time positions charged with the following activities: i) Coordinating crime prevention activities through neighborhood/resident associations. ii) Establishing Support Groups for parents of children identified by the local school system as economically disadvantaged; iii) Organizing mentors for high risk youth; iv) Organizing supervised recreation programs such as weekly dances, basketball games, music groups etc.; L- v) Working with local schools pro~~i~9 drop-out prevention programs; vii) Other activities which contribute to the Stabilization/Revitalization of the CDBG Target Area which has as its boundaries, I-95 to the West, Federal Highway to the East, Lake Ida Road to the North and Linton Boulevard to the South. b) The City shall: - 2 · ~, i) release an initial payment to MAD DADS in the amount of $2,250.00 on October 13, 1995 to cover the first payment for the month of October, and each payment to follow thereafter release 25 equal payments of $2,250.00 beginning October 27, 1995, continuing bi-weekly thereafter through September 30, 1996. The funding shall not exceed the Commission-approved dollar amount of $58,500.00, which includes salaries, FICA, and partial payment of health insurance benefits. ii) provide technical/supportive assistance through the Departments of Parks and Recreation, Police and Community Improvement in order to assure the success of the MAD DADS efforts. Technical assistance shall include the use of public facilities, and in-kind donations of operating supplies, i.e. copying services. 3. RECORDS AND REPORTS MAD DADS shall submit prior to the disbursement of CDBG funds, Monthly activity reports indicating hours utilized in accomplishing goals. The report at a minimum shall identify progress made, problems encountered and proposed solutions to L same. Reports shall be due in the Community Development.'<)ffice by the 15th day after the end of each month. Time Sheets shall reflect actual hours worked by the Administrators of the MAD DADS organization. MAD DADS agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this agreement. - 3 · I' 4. PROGRAM INCOME Funding is provided to pay the costs of salaries and benefits of two full-time positions. It is not anticipated that Program Income as defined in Section 2 of this agreement will be generated from these funds. In the event that Program Income is generated, the income may be used to increase the scope of the MAD DADS program. 5. NON-FEDERAL AUDIT As required by the Single Audit Act of 1984, the MAD DADS organization agrees to provide copies of independent professional audits of its financial activities in order to determine whether CDBG funds have been expended as intended. 6. MONITORING The MAD DADS organization agrees to make its records available to the City in order to assure compliance with applicable Federal and local requirements. The organization further agrees to allow access for site visitation by Federal Monitors as warranted. 7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS The MAD DADS organization agrees to retain supporting L documentation relating to activities funded by this ~rant for a period of three years from the date of September 30, 1996. 8. OTHER PROGRAM REQUIREMENTS a) MAD DADS certifies that no person shall on the grounds of race, color, national origin or sex, be denied participation in the organization's activities. - 4 · b) MAD DADS agrees to carry out activities for which CDBG funds are provided in compliance with all local and Federal laws and Regulations as described in OMB Circular A-133, OMB Circular A-122 and OMB Circular A-II0, copies of which were previously provided on August 9, 1993. 9. SUSPENSION AND TERMIRATIOR In accordance with 24 CFR 85.43, suspension or termination of this agreement may occur if the MAD DADS -materially fails to comply with any term of this Agreement. This agreement may be terminated for convenience in accordance with 24 CFR 85.44. 10. This Agreement contains all of the parties binding representations to one another. Any amendments or modification hereto must be in writing. ~ 5 - . .... MAD DADS OF DELRAY BEACH n~ BY:~-J'~ ESIDENT/ADMINISTRATOR CITY OF DELRAY BEACH, FLORIDA By: MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY . t:.. Ref/Maddad 6 - ,,,I . . AGREEMENT FOR FUNDIIVG AND ACCEPTANCE OF FUNDS HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made thi~~ day of a::r: 1995 by and between the City of Delray Beach, hereinafter referred to as "City" and Housing Opportunities Project for Excellence, Inc., hereinafter referred to as "HOPE, Inc." having its corporate office at 3000 Biscayne Blvd., Suite 102 Miami, Florida 33137 is related to the provision of $2000 in Community Development Block Grant funds in accordance with budget approval by the City Commission on September 19,1995. These funds are to be used to provide a minimum of four Housing Industry Provider Education Seminars and four Community Education Sessions for community organizations in DeIray Beach. WHEREAS, Federal regúlations at 24 CFR 570.601 provide that CDBG funds are granted to the City of DeIray Beach under a condition that the City certifies that it will "affirmatively further fair housing," and; WHEREAS, with its submission of the fiscal year 1995-96 Consolidated Plan, the City ofDeIray Beach so certified that it would "affirmatively further fair housing," and; WHEREAS, on March 13, 1995, HOPE, Inc. submitted a proposal to provide Fair Housing Education and Outreach to the citizens of the City of Delray Beach, and; NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS 1 , . . The following definitions are provided for the terms set forth herein: a. "CDBG" means Community Development Block Grant program. . b. "Program Income" means gross income received directly generated, or earned from the use of CDBG funds. Program Income includes, but is not limited to interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 2. STATEMENT OF WORK , a. The City shall reimburse HOPE, Inc. in an amount not to exceed $2000 for . expenses related to conducting four Community Education Sessions and four Housing Industry Provider Education workshops. The amount to be paid to HOPE, Inc. shall not exceed $250 per session. b. HOPE, Inc. shall provide: i) . Çommunity Education workshops for civic organizations, community based agencies and social service providers in Delray Beach. These workshops shall be designed to educate the public and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief. Workshops are to be conducted citywide on an ongoing basis. A minimwn of four workshops shall be conducted during the period beginning October 1, 1995 ending September 30, 1996. ii) Housing Industry Provider Education workshops for developers, real estate brokers, property managers, financial institutions, and the media/advertising industry. The seminars shall provide infonnation on fair housing laws, Community Reinvestment Act regulations and affinnative marketing requirements. A minimum of four workshops shall be 2 '. ~ conducted during the period beginning October I, 1995 and cnding September 30, 1996. 3. METHOD OF PAYMENTS The City shall reimburse HOPE, Inc. at a rate of$250 per workshop within thirty days of receipt of Invoice. Reimbursements shall be made according to Section 2, Statement of Work, and in no event shall the total compensation exceed the total amount of$2000. Reimbursements shall require the approval of the Director of Community Improvement. 4. RECORDS AND REPORTS Prior to receipt ofCDBG funds HOPE, Inc. shall submit a copy of the agency's Articles of Incorporation, proof of its non profit status according to the U. S. Department of Internal Revenue Services Code Section 501(c)(3), and a list of its Board of Directors. For each workshop/seminar conducted, the agency shall submit the following documentation: a) an agenda showing the time and place of workshop/seminar and the topics discussed; b) a list of invites/attendees; c) a request for funds/invoice; d) other records as may be necessary to detennine compliance with this agreement. 5. PROGRAM INCOME HOPE, Inc. agrees to expend CDBG funds for the purpose as outlined in Section 2, Statement of Work. It is not anticipated that program income shall be generated from this allocation, however, such income, if generated, may be retained by the agency and used to promote Fair Housing activities. 6. NON-FEDERAL AUDIT 3 " · I As required by OMB Circular A-I33, HOPE, Inc. agrees to provide a copy of an independent professional audit of the agency's financial activities to assure proper expenditure of allocated federal funds, 7. MONITORING HOPE, Inc. agrees to make its records available to the City to assure compliance with applicable federal and local requirements. The agency further agrees to allow access for site visitation by federal monitors as warranted. 8. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS HOPE, Inc. agrees to retain supporting docwnentation relating to activities described in Section 2, STATEMENT OF WORK, for three years fÌ'om September 30, 1996. 9. OTHER PROGRAM REQUIREMENTS a) HOPE, Inc. certifies that no person shall on the grounds of race, color, national origin, sex, age of disability be denied participation in the agencies activities. b) HOPE, Inc. agrees to carry out the activities for which CDBG funds are provided in compliance with all local and federal laws and regulations as described in 24 CFR Subtitle A, OMB Circular A-I33, OMB Circular A-I22, which are attached and incorporated herein by reference. 10. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination oftbis agreement may occur if HOPE, Inc. materially fails to comply with any term oftbis Agreement. This Agreement may be terminated for convenience in accordance with 24 CFR 85.44 and Circular A-IIO Attachment L, which are attached and incorporated herein by reference, I I 4 I ,,,, - . It. This Agreement contains all of the parties binding representations to one another. Any amendments or modification hereto must be in writing. 12. Any notice pursuant to this Agreement shall be sent via certified mail, return receipt to the following addresses: City of Delray Beach Attention: Dorothy Ellington 100 NW 1st Avenue Delray Beach, Florida 33444 - Housing Opportunities Project for Excellence, Inc. 3000 Biscayne Blvd., Suite 102 Miami, Florida 33137 WlTNESSES: ~ ::PlC ~~ E~ ( r- /d - ()'2 -ý~ CITY OF DELRA Y BEACH, FLORIDA BY: ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATIORNEY 5 I , ... AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS CENTER FOR TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made this day of , 1995 by and between the City of Delray Beach, hereinafter referred to as "City" and the Center for Technology, Enterprise and Development, Inc., hereinafter referred to as "The TED Center" having its principal office located at 400B West Atlantic Avenue, Delray Beach, Florida, is related to the provision of $30,000 in Community Development Block Grant Funds in accordance with budget approval by the City Commission on September 19, 1995. These funds are to be used for the renovation of -. 132 West Atlantic Avenue, Delray Beach, Florida. WHEREAS, The TED Center is a non profit agency having as its purpose the stimulation of Economic Development within the City of Delray Beach, and; WHEREAS, The TED Center has outgrown its current location and has received funding from Palm Beach County to operate a Small Business Incubator program, and; WHEREAS, A condition of the grant received from Palm Beach County is that the TED Center must expand its services to more businesses and create more jobs, and; WHEREAS, The TED Center has applied for and received approval from the City Commission for an allocation of CDBG funds, and; NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS The following definitions are provided for the terms set forth herein: 1 . , a) "CDBG" means Community Development Block Grant program. b) "Program Income" means gross income received directly generated, or earned from the use ofCDBG funds. Program Income includes, but is not limited to interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. c) "Labor Standards" means the requirement of Section 110 of the Housing and Community Development Act of 1974 that all laborers and mechanics employed by contractors or subcontractors on construction work financed in whole or in part with assistance received under the Act shall be paid wages at rates not less than those prevailing on similar p.onstruction in the locality as detennined by the Secretary of Labor in accordance with the Davis-Bacon Act" as amended. 2. STATEMENT OF WORK a) The City and TED Center agree that the TED Center shall: i) ensure completion of the renovation of 132 West Atlantic Avenue by providing appropriate work write-ups, building plans and adequate construction supervision. Further, the TED Center shall secure all necessary bonding, ensure all contractors are properly licensed and accept liability as it may relate directly or indirectly from the construction, and hold hannless and indemnify the City from all construction related deficiencies and liabilities of _. whatsoever kind as it relates to the construction and renovation; . ii) award contracts for the renovation of 132West Atlantic Avenue in accordance with procurement procedures as described in 24 CFR 85.36. iii) coordinate a preconstruct ion conference for the purpose of 2 " ~ , explaining to the contractor the federal requirements of the contract, including but not limited to federal Labor Standards and payment procedures. b) The City and TED Center agree that the City shall: i) provide $30,000 for the renovation of 132 West Atlantic Avenue. ii) provide technical assistance upon request to assist the TED Center in complying with the terms of this contract. This assistance shall include monitoring for compliance with Davis-Bacon and Related Acts. 3. METHOD OF PAYMENTS Payments shall be made in incremental payments for work in place upon receipt ~f invoices, Contractor Release of Liens and all contractor payrolls in accordance with the Davis- Bacon and Related Acts regulations. Partial payments equal to 90% of the value of the work in place, not to exceed 75% of the contract amount may be made. All pay requests shall require the signature. of the Executive Director of the TED Center. Payments shall be in accordance with this Agreement and subject to the approval of the Director of the Department of Community Improvement. The total payments shall not exceed the City Commission approved anlOunt of , $30,000. 4. RECORDS AND REPORTS The TED Center agrees to submit a copy of its Articles of Incorporation, a Ust ~f all members the Board of Directors and proof of the agency's non profit status acc0rding to the U.S. Department ofIntemal Revenue Code Section 501(c)(3). Additionally, the TED Center agrees to ensure the submission of all contractor payrolls and itemized pay requests. Prior to bid, the agency shall submit to the Community Development Coordinator a copy of the Bid 3 . ",' ., ~ Specification Packet to assure the inclusion of all Federal language requirements. 5. PROGRAM INCOME It is not anticipated that the use of CDBG funds as described in this agreement shall generate Program Income, however, such income if generated, shall be retumed to the City to be used for other eligible activities. 6. NON-FEDERAL AUDIT As required by OMB Circular A-133 the TED Center agrees to provide a copy of an independent professional audit of the Center's financial activities. This audit shall be . , submitted not later than ninety days following the close of the Center's program year in which CDBG funds are used. 7. MONITORING The TED Center agrees to make its records available to the City in order to assure compliance with applicable federal and local requirements. The TED Center further agrees to allow access for site visitation by local and Federal monitors as warranted. 8. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS The TED Center agrees to retain supporting documentation relalin::; to the activity for which CDBG funds are used for a period of three years from the date of Septern;;er 30, 1996. 9. OTHER PROGRAM REQUIREMENTS a) The TED Center agrees to secure a lease agreement with the owners of the property located at 132 West Atlantic Avenue, prior to the release ofCDBG funds. The lease agreement shall secure the TED Center's occupancy of the property for a period not less than 5 years. 4 . ...,' , ' ;,.; . '":'';" .,," ,~ . .. ~.~-~.'..., . - '. b) The TED Center certifies that no person shall on the grounds of race, color, national origin, sex, age or disability be denied participation in the Center's activities. c) The TED Center agrees to carry out the activity for which CDBG funds are provided in compliance with all local and federal laws and regulations as described in 24 CFR Subtitle A, OMB Circular A-B3, OMB Circular A-122, which are attached hereto and incorporated herein by reference. 10. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this agreement may occur if the TED Center materially fails to comply with any term of this agreement. This ~greement may be terminated for convenience in accordance with 24 CFR 85,44 and Circular A- 110 Attachment L, which are attached hereto and incorporated herein by reference. 11. This agreement contains all of the parties binding representations to one another. Any amendments or modification hereto must be in writing. 12. Any notice pursuant to this Agreement shall be sent via certified mail, ætum receipt to the following addresses: City of Delray Beach Attention: Dorothy Ellington 100 NW 1st Avenue Delray Beach, Florida 33444 Technology, Enterprise and Development, Inc. 400 B West Atlantic Avenue Delray Beach, Florida 33401 5 . . ,- " , . .. ---_._-_.,-~----. '~"""""""-"---'-'-~---.'-'''--''-'''-' .' -.......- ¡ I . TECHNOLOGY, ENTERPRISE AND DEV LOP ENT, Inc. WITNESS: By: -~,<).~ CITY OF DELRA Y BEACH, FLORIDA By: MAYOR ATTEST: CITY CLERK -- APPROVED AS TO FORM: CITY ATTORNEY .- " " 6 ~.~- .j .: ~ :.....¡,.... . ., ;'1 Agenda I tern No. : r:I:- AGENDA REQUEST Request to be placed on: Date: 10/3/95 Regular Agenda Special Agenda Workshop Agenda 10/10/95 xx Consent Agenda When: Description of item (who, what, where, how much): Approval to execute funding agreements with seven non-profit agencies. (Example: Request from Atlantic High School for $2,000 to fund . project graduation). ORDINANCE! RESOLUTION REQUIRED: YES!NO Draft Attached: YES!NO Recommendation: Staff recommends approval to execute the attached agreements in order that funding may proceed in accordance with Commission approval. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature: Cit~~~Ret;(~n?PliCable) : Budget Director Review (required on all items involving expenditure of funds): e Funding available:/YES NO Funding alternativ ... ~J2~:¡l;¿tPPliC@~ ~ Account No. & DescnJt"0n: '. åtL Account Balance: I ~ I 3DO I , City Manager Review: Approved for agenda:~/NO ¡Ü-M-~k(Í, &~ $' ~'I A Hold Until: . - ~ ',) ~ CV...J2...- é<- ... 12~'¿}f-<?-- tV"'): ?~£~~ - jÆ, r' Agenda Coordinator Review: . .""",-, \P &'~ l,.:;:t'J c-t.-,' ~ ¿<.~ f;V'£f,¡.'-Ð Received: / 8J~1 V(Y Placed on Agenda: Action: Approved/Disapproved .., · 01( t'JV{ [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 2lìlì NW 1st AVENUE' DELRAY BEACH, FLORlDA 33444 FACSI1\11LE 407/278-4755 Writer's Direct Line: (407) 243-7091 DELRA Y BEACH f LOR I D A t&ftw:II AII·America City MEMORANDUM , III I! DATE: October 2, 1995 1993 TO: David T. Harden, City Manager t)~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Sublease of the Sandoway House Attached is a proposed sublease agreement between the City and Officer Pitocchelli. I have spoken with the County and under the terms of the lease agreement that we have with them the City must have their approval prior to subletting the Sandoway House. This item will appear on the Board of County Commissioners agenda on October 18. If this sublease agreement meets with your approval please schedule for the City Commission Agenda. Please call if you have any questions. cc: Alison MacGregor Harty, City Clerk sand2.1tr ItLLh.C£ h¡ fIla.t¡tJ) (~) ¡;~ Å“ IO/ól'l/96 Þ ~~ ¡.T ® Printed on Recycled Paper ,; · SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT is dated this _ day of , 1995, by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation, hereinafter referred to as "Lessee", and GERALD FRANCIS PITOCCHELLI, JR., hereinafter referred to as "Sublessee". WITNESSETH NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements contained herein, the parties agree as follows: 1. The Lessee hereby agrees to sublease the Sandoway house located at 142 South Ocean Boulevard, Delray Beach. 2. The term of this Sublease shall be for one (1) year beginning the _ day of ,1995, and ending the _ day of ,1996. 3, The Lessee agrees that in lieu of rent and in consideration of granting the Sublease to the Sublessee, the Sublessee shall occupy the premises and take all reasonable security precautions while residing on the premises. 4. Sublessee shall be solely responsible for and promptly pay directly to the utility company or other provider of such service all charges and assessments for water, gas, electricity, trash collection, and removal or any other utility used or consumed on the premises. In no event shall Lessee be liable for an interruption or failure in the supply of any such utilities to the prermses. 5. Lessee agrees to perform any maintenance items deemed structural or beyond customary maintenance on the premises. Sublessee shall perform all regular or customary .. · maintenance items which shall include but not be limited to lawn maintenance during the Sublease term. 6. Sublessee agrees to allow the Lessee, or a representative of the Lessee, access, without prior notice to the property, at all times to inspect the premises. 7. Sublessee agrees to allow the organization referred to as "The Friends of Sandoway House, Inc." access to the premises upon reasonable notice in order to facilitate their funding process. 8. Once "The Friends of Sandoway House, Inc." notifies the City that they have sufficient funds in order to start renovation on the house, and if this notification occurs prior to the expiration of the Sublease, the Sublessee shall be notified and given thirty (30) days to remove his personal belongings and vacate the premises. 9. Sublessee shall not commit or suffer to be committed any waste upon the premises or any nuisance or other act or thing which may result in damage or depreciation of value of the prenuses. Sublessee shall not use, maintain, store or dispose of any contaminants including, but not limited to, hazardous or toxic substances, chemicals or other agents used or produced in Sublessee's operations on the premises in any manner not permitted by law. All refuse is to be removed ITom the premises at Sublessee's sole cost and expense and Sublessee will keep such refuse in proper fireproof containers on the interior of the premises until removed. Sublessee at his sole cost and expense, will keep the premises free of rodents, vermin and other pests. 10. Upon termination or expiration of this Sublease, Sublessee shall remove Sublessee's personal property ITom the premises and shall surrender the premises to the Lessee in the same condition as it existed on the commencement date of this Sublease, reasonable wear and tear excepted. Of 11. Sublessee shall make no alterations, modifications or repairs to the Sandoway House, regardless of the monetary value, unless approved by the Lessee in writing. 12. Sublessee shall not assign, mortgage, pledge or encumber this Sublease in whole or in part, nor sublet all or any portion of the premises, without prior written consent of Lessee, This Sublease shall not be recorded in the public records, 13. Sublessee shall, during the entire term hereof, provide Lessee with a certificate of insurance evidencing premises liability coverage in the amount of $300,000, with the Lessee and Palm Beach County, (Lessor), named as additional insureds on the policy. 14. Lessee may terminate this Sublease without cause, upon thirty (30) days written notice trom Lessee. 15. Sublessee, in consideration of the payment often dollars ($10.00), receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the Lessee and Palm Beach County, (Lessor), their agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the Lessee or Lessor as a result of loss, damage or injury to person or property arising trom the Sublessee's sublease of the premises. 16. In the event of the occurrence of any fire, flood, hurricane or any Act of God which shall render the premises uninhabitable for any period of time this Sublease shall terminate. 17. Any consents, approvals and permissions by the Lessee shall be effective and valid only if in writing and any notice by either party to the other shall be in writing and mailed prepaid by certified mail return receipt requested, addressed: To Lessee: City of Delray Beach . · 100 NW 1st Avenue Delray Beach, FL 33444 To Sublessee: Gerald Francis Pitocchelli, Jr. Delray Beach Police Department 300 W. Atlantic Avenue Delray Beach, FL 33444 or at such address as the Lessee or the Sublessee, respectively, may designate in writing. All notices given hereunder shall be effective and deemed to have been duly given only upon receipt by the party to which notice is being given, said receipt being deemed to have occurred upon such date as the postal authorities shall show the notice to have been delivered, refused, or undeliverable, as evidenced by the return receipt. 18. The Sublessee shaU be governed by and abide by all the terms and conditions contained in the Lease Agreement, (R95-993D), between the City of Delray Beach and Palm Beach County for the premises. 19. This Sublease shall have no effect upon the City's duties and obligations to the County in accordance with the terms of the Lease Agreement. 20. This Sublease shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in Palm Beach County, IN WITNESS WHEREOF, the parties hereto have duly executed this Sublease as of the day and year first above written. SUBLESSEE: WITNESSES: Gerald Francis Pitocchelli, Jr. (Print or Type Name) .. , (Print or Type Name) LESSEE: ATTEST: CITY OF DELRA Y BEACH By: By: City Clerk Mayor Approved As to Legal Form And Sufficiency By: City Attorney sand.lea .. ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ttf<1 SUBJECT: AGENDA ITEM # ¡.~. - MEETING OF OCTOBER 10, 1995 RESOLUTION NO. 71-95 DATE: OCTOBER 6, 1995 This is before the Commission to approve Resolution No. 71- 95 requesting the Lake Worth Drainage District to permit the installation of the South Central Regional Wastewater Treatment and Disposal (SCRWTD) Board reclaimed water effluent lines within the L-28 Canal right-of-way, and to waive the use fees. The Board is in the process of determining feasibility for construction and implementation of a reclaimed water irrigation system in which wastewater would be reclaimed, treated, and distributed to five golf courses located within the Lake Worth Drainage District taxing boundary. The Cities and the Board have determined that the project is environmentally beneficial, as the golf courses would discontinue their irrigation out of the water table, and substitute reclaimed water. Recommend approval of Resolution No. 71-95 requesting the Lake Worth Drainage District to permit installation of reclaimed water effluent lines within the L-28 Canal right-of-way and to waive the use fees in order to promote this environmentally beneficial project. ~cm~ . ~ I _ .. "... _._. ....... ~"_""', .þ_'" ._ __"~'.___'·~"·___'N ~_",.,.._ ^ ___.~. 0"' .__. i I !: RESOLUTION NO. 71-95 , , A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE COOPERATION I OF THE LAKE WORTH DRAINAGE DISTRICT TO PERMIT THE INSTALLATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL RECLAIMED WATER EFFLUENT LINES WITHIN THE L-28 CANAL RIGHT-OF-WAY, : WAIVING THE USE FEES WITH RESPECT THERETO IN ORDER , TO PROMOTE THIS ENVIRONMENTALLY BENEFICIAL PROJECT. I I WHEREAS, the City of Delray Beach and the City of Boynton I Beach (the "Cities") have joined together, through an Interlocal Agreement dated December 26, 1974, creating a special district known ! as the South Central Regional Wastewater Treatment and Disposal Board (the "Board"), which such Board is the 201 Facilities Plan lead agency for wastewater treatment in the South Central Palm Beach County 201 region; and WHEREAS, the Board is in the process of determining the ! economic and technical feasibility for the construction and I implementation of a reclaimed water irrigation system whereby wastewater would be reclaimed, treated and distributed to five (5) golf courses, all located within the Lake Worth Drainage District taxing boundary; and WHEREAS, all five of the above-described golf courses are current, consumptive use permit holders, permitting withdrawal of waters from the water table within the Lake Worth Drainage District boundaries; and WHEREAS, the only economically feasible routing for the reclaimed water transmission mains from the Board to the golf courses would require the installation of 900 lineal feet of 30-inch ductile iron pipe, 1,400 feet of 16-inch ductile iron pipe, and 3,850 feet of 12-inch ductile iron pipe within the Lake Worth Drainage District's L-28 Canal right-of-way; and WHEREAS, the implementation of the subject reclaimed water system will cause the Board's customers to incur substantial costs in excess of the current cost to dispose of such treated effluent into the waters of the Atlantic Ocean; and ( . WHEREAS, the Cities and Board have determined that the project is environmentally beneficial, subject to the reasonableness of the economic cost of such project; and I I "I , . . I ~'--".'-~-"._-- -~~-- --.._- ._-'~ -,.-. --" _u_"___ .~~"._"" ..~ -"..-~ '-" - -._-.... .....-.- . --.'--. - --_. .~- .. .___.._....-.-__..^...'_.,_..,"._.."_.,,~..._.. ~.._, ~_____.._. , <....._..."'...-,._,,_..._.._ _". . ~___..___.._.._...._.,______ .'".U· _._._~ _._"._~.~__ _ ,",- _. ",--, '_~"_"L_ " .. .,--~--- I I I WHEREAS, the Lake Worth Drainage District will achieve a I I benefit from the Board's implementation of the reclaimed water ! program by having the subject golf courses discontinue their i irrigation out of the water table and substitute therefore reclaimed ¡I water. I' [' " ¡J NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF i THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: i lo The City of Delray Beach hereby requests the Lake , Worth Drainage District to grant permission for the South Central i Regional Wastewater Treatment and Disposal Board to install 900 , lineal feet of 30-inch ductile iron pipe, 1,400 feet of 16-inch i ductile iron pipe, and 3,850 feet of 12-inch ductile iron pipe with I' !' the L-28 Canal right-of-way, in accordance with the Lake Worth \ i Drainage District operating policies. ¡ 2 . That the Lake Worth Drainage District waive its use fee attendant thereto. ¡ PASSED AND ADOPTED in regular session on this 10th day of ! October, 1995. %?~£~'- MA?J/oR ATTEST:~Lt;- ~ City Clerk I I' i i , i I: I " -2- Res. No. 71-95 I' ,., 0( ~ £ITY DF DELIAY BEA£H CITY AnORNEY'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 l 0 It I D " ........ AII·America City MEMORANDUM " II I! DATE: October 5, 1995 1993 TO: City Commission FROM: David N. To1ces, Assistant City Attorn$J.. SUBJECT: Settlement of Alice Thompson v. City of Delray Beach. et al. On January 22, 1992, the City of Delray Beach police arrested Alice Thompson as a result of a disturbance at the 200 block of S.W. 2nd Avenue. Prior to her arrest, officers of the Delray Beach Police Department were conducting field interviews of two men who were in an area known for drug activity. Ms. Thompson refused to obey the officers' instructions to stay away from the area. Consequently, she was arrested and charged with resisting arrest without violence and battery on a law enforcement officer. Ms. Thompson was ultimately acquitted of the battery charge and the court dismissed the resisting arrest charge. She then filed suit against the City and two officers for expenses incurred as a result of her arrest and alleged injuries. After lengthy discovery in the civil matter, the parties went to court ordered mediation last week. The City Attorney's Office negotiated a settlement amount of $72,500.00. The City Attorney's Office recommends acceptance of this settlement. The Risk Manager, Chief of Police and the individual officers concur in this recommendation. This settlement amount covers all fees and costs for all parties involved. Please call if you have any questions. DNT:smk cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Lee R. Graham, Risk Manager Donna R. Woods, Claims Representative alice- 2, dnt P·L' ® Printed on Recycled Paper ., · vK ~ [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW Isl AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F lOR I D A ~. MEMORANDUM " II t! DATE: October 4, 1995 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Seacrest Properties - Extension of Right of First Refusal Between City, Nationsbank and R. Patel Attached for your consideration are two Second Amended Rights of First Refusal Agreements pertaining to the aforementioned Seacrest properties. Our office recommends approval of the amendments, which contain extensions of time to enter into a contract for sale and purchase until October 31, 1995. This extension is needed to work out contract language with Nationsbank, and also to allow for advertising pursuant to City ordinances. By copy of this memorandum to David Harden, our office requests that the Amendments to the Right of Right Refusal Agreements be placed on the October 10, 1995 consent a. Attachments cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk seacrst3, sar ~o-n ~ /O!ltJ/C¡-S-' ® Printed on Recycled Paper 9M .. SECOND AMENDMENT TO RIGHT OF FIRST REFUSAL AGREEMENT THIS AMENDMENT is made and entered into this day of October, 1995, by and between RAJESH K. PATEL, and the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (the "City). WHEREAS, Rajesh K. Patel, and the City previously entered into a Right of First Refusal Agreement dated May 2, 1995 (the "Agreement"), with respect to certain property located in Palm Beach County, Florida, as more particularly described therein; and, WHEREAS, the original term of the Agreement expired on July 31, 1995; and, WHEREAS, the term of the Amendment to Right of First Refusal Agreement expired on September 25, 1995, and the parties desire to extend the same. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Paragraph 3 of the Agreement is hereby amended in its entirety to read as follows: If Rajesh K. Patel desires to sell the property and receives from a third party, a bona fide offer for the purchase thereof prior to October 31, 1995, Rajesh agrees to disclose the terms of such offer to the City of Delray Beach in writing within five (5) days following receipt of the offer. 2. Except as specifically modified herein, the Agreement shall remain unchanged and in full force and effect and is hereby ratified and confirmed. IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the first day and year first set forth above. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Mayor Approved as to form and legal sufficiency: City Attorney WITNESSES: RNESr{£it ' () ¿ ~:iiLYI¡"7 AUY}(¡)r1/lJ ~ ,j!.." ~ _JUSá.I-' 11t)II?tPS (N ame printed or typed) r. ,~~~ t<-. á1r-)~" ~"'~ (Name printed or typed) '" · State of Florida County of P 0....\ N\ "ß e R-c. ~ foregoing instrument acknowledged before this 4tl-, of The was me _ day Oc\-ö \0er , 1995 by R (-\.j e ~ h )(. po..Je_ \ (name of person acknow ledging), who is personally known to me or who has produced p' L4 ()-l 31 ~ bo- 0"1-0 FL. D. L· (type of identification) as identification and who id not) take an oath. j 0 C\. \''\Y\~ fI/\ \.ùeC\ veIL Print, Type, or Stamp Name of Notary Public OfFICIAL NOTARY SEAL JOANNA M WEA vm patelam3.agt N('ïA~Y flJ!JUC STAlE OF FLORIDA COMMISSION NO, CClï83Dl ~1!E~~~~êl!.Ofi EXP. fE1I, 6,]9% ~""- "1 LAW OFFICES STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. LANDMARK CENTRE. SUITE 2200 401 EAST .JACKSON STREET TAMPA. FLORIDA 33602 - TELEPHONE (613) 223 -4600 PINELLAS (613) 443·3772· FAX (613) 222·5069 E. RICHARD ALHADEF"F' MARILYN O. GREENBLATT PATRICIA A. REDMOND OWEN S, FREED LOUISE JACOWITZ ALLEN ALICE R. HUNEYCUTT E.LIZABETH G. RICE SENIOR COUNSEL STUART D. AMES RICHARD B, .J"'CKSON GLENN M. RISSMAN THOMAS P. ANGELO THEODORE A. JEWELL CARL D. ROSTON STEPHEN .... BENNETT LAWRENCE ,J. BAlUN AIMEE C. JIMENEZ STEVEN D. RUSIN OF COUNSEL PATRICK A. BARRY CHERYL A. KAPLAN CLAUDIA ,J. SAENZ SHAWN BAYNE ELIZABETH .,J. KEELER RICHARD E. SCHATZ MAILING ADDRESS: LISA K. BENNETT MICHAEL I. KEYES MARK A. SCHNEIDER POST OFF"lCE BOX 3299 SUSAN FLEMING BENNETT TEDDY b. KLlNGHOF'FER ROBERT P. SHANTZ TAMPA. FLORIDA 33601 LISA K. BE RG ROBERT T. KOF"MAN MARTIN S. SIMKOVIC MARK J. BERNET THOMAS ,A. LASH CURTIS H. SITTERSON MIAMI Of'"FlCE HANS C. BEYER VERNON L. LEWIS RONNI O. SOLOMON MUSEUM TOWER DAWN A. CARAPELLA KEVIN e. LOVE MARK O. SOLOV 150 WEST F"LAGLER STREET CLAIRE BAILEY CARRAWAY JOY SPILLlS LUNDEEN JO CLAIRE SPEAR MIAMI. FLORIDA 33130 SETH THOMAS CRAINE BRIAN J. McDONOUGH GAIL M. STAGE - PETER L. DESIDERIO ANTONIO R. MENENDEZ EUGENE E. STEARNS (305) 789·3200 CHRISTINA M. DIAZ FRANCISCO J. MENENDEZ BRADF"ORD SWING MARK P. DIKEMAN ALISON W. MILLER ANNETTE TORRES FT, LAUDERDALE OFFICE SHARON QUINN DIXON ADAM C. MISHCON DENNIS R. TURNER 200 EAST BROWARD BOULEVARD ALAN H. f'"EIN VICKI LYNN MONROE RONALD L WEAVER SUITE 1900 ROBERT I. F"INVARB HAROLD D. MOOREFIELD. JR. ROBERT I. WEISSLER FORT LAUDERDALE. FLORIDA 33301 DEAN M. F"REITAG JOHN N. MURATIQES PATRICIA G. WELLES - ROBERT E. GALLAGHER. ,JR, .JOHN K, OLSON BARBARA L. WILHITE (305) 462, 9500 PATRICIA K. GREEN ROBERT C. OWENS MARTIN B. WOODS September 21, 1995 Susan A. Ruby, Esquire City Attorney City of Delray Beach, Florida 200 Northwest First A venue Delray Beach, Florida 33444 Re: Second Amendment to Right of First Refusal Agreement Dear Susan: Enclosed for execution by the City of Delray Beach is the Second Amendment to Right of First Refusal Agreement, which has been executed by NationsBank. Please send a copy of the fully executed Amendment to me at: NationsBank Legal Department, 400 North Ashley Drive, FLI-OI0-15-02, Tampa, Florida 33602. Please call me at 813-224-3602 if you have any questions. Very truly yours, =~~ CBC:kpc Enclosure cc: Mr. Mark S. Lynd SEP 2 5! G:\WP\CBC\SEACREST\RUBY.OO2 · '. SECOND AMENDMENT TO RIGHT OF FIRST REFUSAL AGREEMENT THIS AMENDMENT is made and entered into this day of September, 1995, by and between NATIONSBANK OF FLORID~N. A., a national banking association ("NationsBank"), and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (the "city"). WHEREAS, NationsBank and the city previously entered into a Right of First Refusal Agreement dated May 2, 1995, and an Amendment to Right of First Refusal Agreement dated August 21, 1995 (collectively, the "Agreement"), with respect to certain property located in Palm Beach County, Florida, as more particularly described therein; and WHEREAS, the current term of the Agreement expires on September 25, 1995, and the parties desire to extend the same. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The second sentence of paragraph 2 of the Agreement is hereby amended in its entirety to read as follows: In any event, the right of first refusal granted to the city hereunder shall terminate on October 31, 1995, after which time NationsBank may sell, transfer or otherwise deal with the Property free and clear of the terms and conditions of this Agreement. 2. Except as specifically modified herein, the Agreement shall remain unchanged and in full force and effect and is hereby ratified and confirmed. IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day and year first set forth above. witnesses: ~~~ NATIONSBANK OF FLORIDA, N. A. Q9^,~ By: Name: . . Name: Gerald P. Ademy Title: Senior ~s1dent CITY OF DELRAY BEACH, FLORIDA By: Mayor ATTEST: City Clerk Approved as to form and legal sufficiency: city Attorney '" · STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me thiszl~1ï- day of September, 1995, by Gerald P. Ademy, as Senior Vice President of NationsBank of Florida, N. A., a national banking association, on behalf of the association. He is personally known to me. Name: Notary PubllC - Sta Serial No: Commission Expiration: (Notary Seal) _"!-:;'!/~" CLAIRE BAILEY CARRAWAY ~'''.-..¡;. {.r/¡j,'\*,: MY COMMISSION' CC 392786 ~-6'~: EXPIÆS: October 29.1998 ~1If.x:-f.# BondIcI TIHu NoIIIy PuIIIIc IhIIIwIhItI  g:\wp\cbc\2Amend.Del · , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: (tØ'CITY MANAGER SUBJECT: AGENDA ITEM # g. AI· - MEETING OF OCTOBER 10 , 1995 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: OCTOBER 6, 1995 Attached is the Report of Appealable Land Use Items for the period September 18 through October 6, 1995. It informs the Commission of the various land use actions taken by the designa- ted 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. ðr{ tJPt1 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER ~~ . \ d ß THRU: m E OMIN EZ, DIRE DEPARTMENT OF PLANNI NING trkJmc0 ~ FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF OCTOBER 10, 1995 * CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 18. 1995 THRU OCTOBER 6. 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 September 18, 1995, through October 6, 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 October 10, 1995 Page 2 PLANNING AND ZONING BOARD MEETING OF SEPTEMBER 18.1995 · Approved (5 to 0), a request to determine that "Furniture Sales" (less than 1,000 sq.ft.) is similar to the permitted uses within the NC (Neighborhood Commercial) zone district. · Authorized staff to forward formal letters of objections to members of Congress, stating the Board's objections to the provisions of House Bill 1555 (Communications Act) which would weaken local authority over the siting of Telecommunications facilities. The Planning and Zoning Board also considered the following items which will be forwarded to the City Commission for final action. · Recommended approval (6 to 0), of a request to abandon an alleyway lying within Block 85, Town of Delray. · Recommended approval (5 to 1), of a conditional use request to allow the establishment of a food processing facility, Ostermann's Sausage in the CBD-RC (Central Business District - Railroad Corridor) zone district located at the southeast corner of S.E. 1st Avenue and S.E. 3rd Street. · Recommended denial (4 to 2), of a conditional use request to allow the establishment of a church, Emmanuel Evangelical Lutheran Church in the R-1-A (Single Family Residential) zone district located at the southwest corner of S.W. 7th Street and S.W. 6th Avenue. · Continued action (6 to 0), on a rezoning request from SAD (Special Activities District) to PRO (Planned Residential Development) for Delray Lakes, located on the north side of Lake Ida Road, east of 1-95. · Recommended approval (6 to 0), on a rezoning request from POC (Planned Office Center) to CF (Community Facilities) for the Alzheimer Health Care Systems, located at the northwest corner of Lake Ida Road and Congress Avenue. · Recommended approval (6 to 0), on a rezoning request from R-1-A (Single Family Residential) to CF (Community Facilities) for the Daughter of Zion Church, located on the west side of N.W. 3rd Avenue, north of N.W. 2nd Street. City Commission Documentation Appealable Items Meeting of October 10, 1995 Page 3 · Recommended approval (6 to 0), on a rezoning request from R-1-A (Single Family Residential) to CF (Community Facilities) for the Community Child Care Center, located on the south side of Lake Ida Road, west of N.W. 5th Avenue. · Recommended approval (6 to 0), of an amendment to the Land Development Regulations Section 4.4.19 to add Interior Design and Furnishings as a permitted use in the MIC (Mixed Industrial and Commercial) zone district. · Recommend approval (6 to 0), of an amendment to the Land Development Regulations Section 4.6.5 "Walls, Fences and Hedges" reducing the maximum height of fences in front yard setbacks. · Recommended approval (6 to 0), of an amendment to the Land Development Regulations Section 2.4.3(K) providing criteria to waive Development Application and Permit Fees for certain non-profit and service organizations. · Recommended approval (6 to 0), of an amendment to the Land Development Regulations Section 2.4.2(B) regarding Notice Requirements for certain land development applications. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF SEPTEMBER 20. 1995 A. Approved (6 to 0), a request for an elevation change associated with the removal of the historic FEC station and replacement with a gazebo for Block 85 Redevelopment, located at the southeast corner of East Atlantic Avenue and S.E. 2nd Avenue. B. Approved (6 to 0), a request for a color change to an existing gasoline station, Sherwood Park Texaco, located at the southeast corner of Congress Avenue and Lowson Boulevard. C. Approved (6 to 0), a request for an elevation change (awning addition) for an existing industrial building, Casale Marble Imports, Inc., located on the west side of S.W. 17th Avenue, south of S.W. 7th Street. " City Commission Documentation Appealable Items Meeting of October 10, 1995 Page 4 D. Approved (5 to 0) with conditions, a major site plan modification, landscape plan and architectural elevations associated with demolition of portions of the existing Delray Mall, and redevelopment as a 330, 035 sq. ft center with outparcel restaurants and retail, and a 20 screen theater. The Delray Mall is located at the northwest corner of Linton Boulevard and U.S. Highway No.1. Concurrently, the Board acted on several requests for waivers, namely; · Recommended that the City Commission approve reductions in the required number of perimeter trees from 172 to 165 and the required number of interior trees from 703 to 588. · Approved the additional aisle width from 24' to 30' for the drive aisles located to the front and rear of the mall. the southern most drive aisle. and the drive aisle located between a parking row in front of the Muvico Theater. · Approved a reduction of the required right-of-way width from 80' to 71' along Dixie Highway. Note: A condition of the Board's approval regarding the perimeter buffer has been appealed and will be addressed as a separate agenda item. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF OCTOBER 4 m.5 E. Approved (5 to 0), a master sign program for a Multi-Tenant commercial building Ocean City Lumber, located at the northeast corner of N.E. 2nd Avenue and N.E. 1st Street. F. Approved (5 to 0), a master sign program for Saturn Used Cars, located at the southwest corner of U.S. Highway NO.1 and La Mat Avenue. G. Approved (5 to 0), a master sign program for Ed Morse Cadillac, located on the west side of U.S. Highway No 1 and south of Linton Boulevard. H. Approved (5 to 0) the architectural elevation plan for Kokomo Key, a 133 unit multi-family development located on the east side of U. S. Highway No 1 immediately south of the Delray Swap Shop. The site plan and landscape plan were previously approved by the Board. City Commission Documentation Appealable Items Meeting of October 10, 1995 Page 5 I. Approved (4 to 0), the revised landscape plan for the Delray Beach Yacht Club a 12 unit condominium located at the southwest corner of MacFarlane Drive and Miramar Drive. The site plan was previously approved by the Board in February 1990. J. Approved (5 to 0) a request for a color change to an existing commercial building labor World, located on the east side of N.W. 5th Avenue, north of N. W 1 st Street. K. Approved (5 to 0), a request for a color change to an existing building Van's Comfortemp, located on the east side of Congress Avenue, south of S.W. 1st Street. L. Approved (5 to 0), the elevations for a fence as an entry feature to Blood's Grove on Linton Boulevard. M. Approved the site plan (3 to 1) associated with an expansion at the Community Child Care Center, located on the south side of Lake Ida Road and west of N.W. 5th Avenue. The landscape plan and architectural elevation plan were also approved on a 4 to 0 vote. The Board concurrently approved a reduction in the required parking from 19 to 13 spaces. N. Approved (5 to, 0), the site plan, landscape plan and architectural elevation plan for Ocean Isles at Del-Raton a 3 unit townhouse development, at the southeast corner of La Mat Avenue and Frederick Boulevard. O. Approved (4 to 0), the site plan, landscape plan and architectural elevation plan for Darren's Ridge, a townhouse development consisting of two 4-unit buildings, located on the west side of Florida Boulevard at Avenue "C". The Board concurrently approved a reduction in the required right-of-way width for Florida Boulevard from 60' to 50', and granted an internal adjustment not to provide a 4' offset for the town homes. HISTORIC PRESERVATION BOARD MEETING OF SEPTEMBER 20.1995 1. Approved ( 6 to 0) a Certificate of Appropriateness associated with a 1,844 sq. ft. dining deck expansion for Busch's Restaurant. The proposed deck along with the installation of a paver block walkway and landscaping is to be located within the Marine Way right-of-way. '. · - City Commission Documentation Appealable Items Meeting of October 10,1995 Page 6 2. Approved ( 5 to 0), a request for Certificate of Appropriateness associated with the addition of wooden boxes on the south facade of the building for Utopia Hair Salon located on the north side of N.E. 2nd Street, east of N.E. 1st Avenue. 3. Approved (5 to 0), a request for a Certificate of Appropriateness associated with facade changes and the addition of a balcony at the Colony Hotel, located on the north side of east Atlantic Avenue, between the Federal Highway pairs. HISTORIC PRESERVATION BOARD MEETING OF OCTOBER 4, 1995 Approved (6 to 0), a request for a Certificate of Appropriateness for a free standing sign at the Colony Hotel, located on the north side of east Atlantic Avenue, between the Federal Highway pairs. 4. Approved (6 to 0), a request for a Certificate of Appropriateness associated with a 396 sq.ft. addition to the rear of the residence located at 241 Royal Court. Additionally, the Board considered the following non-appealable item relating to the project. Approved the variance request to reduce the side setback from 15' to 7.5 feet (6 to 0). 5. Approved (6 to 0), a request for a Certificate of Appropriateness associated with a 102 sq. ft. addition to the rear of the residence located at 101 N.E. 5th Street. 6. Approved (6 to 0), with conditions, the plot plan associated with the relocation of a contributing single family residence from 15 N.E. 1st Street to the southeast corner of Swinton Avenue and N.E. 3rd Street. RECOMMENDED ACTION. By motion, receive and file this report. Attachment: Location Map ,'. , LOCATION MAP FOR CITY COMMISSION MEETING OF OCTOBER 1 at 1995 L-.30 CANAL a ._._. ~ i '" > ::J '" , z -' c: _.J ~ ð < Å’I -' z i 0 < l- I!: . z ~._._-----_. ;E VI ~ ; 0 LAKE IDA ROAD ! 0: .r 1IC 0 ;E M 0: < Å’I r------ NW ST i.._._,_ 1 r-'-------- , --'--, ...1 L..______-J. ,.., ..', 0 i i.,~ . I I . . ' I I L_______ ,--__,___________j I i ST ß"''''r' __oj ! L-__ ~ ! ~ ~ I < < :t: r'-·-'''; 110 ... i a i 0: ~ ~ i ~ VI VI i '" -' ! ð LOWSON BOULEVARD Å’I S.W. 10TH TREET ~ z < g '" ~ 0 :t: f= ~ r= '< r--_. 1..,__ i ! , -' >-! < 0:' Z <. < 1-' U ;!j "I 2, , ! '" I i .---.-----------.-----.-------------. .-----.---. .-.---.---- L-,38 CANAL C-15 CANAL SITE PLAN REVIEW AND APPEARANCE BOARD CITY UMITS -.-.-,----- A. - BLOCK 85 REDEVELOPMENT J. - lABOR WORLD MILE B. - SHERWOOD PARK TEXACO K. - VAN'S COMFORTEMP I I C. - CASALE MARBLE IMPORTS. INC. L. - BLOOD'S GROVE I D. - DELRAY MALL M. - COMMUNI'IY CHILD CARE CENTER SCALE E. - OCEAN CI'IY LUMBER N. - OCEAN ISLES AT DEL-RATON F. - SATURN USED CARS O. - DARREN'S RIDGE N G. - ED MORSE CADILLAC H. - KOKOMO KEY - I. - DELRAY BEACH YACHT CLUB CITY Of' DELRAY BEACH, f'L PlANNING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- LOCATION MAP FOR CITY COMMISSION MEETING OF OCTOBER 10, 1995 L - 30 CANAL .-.-. i ¡ L ....1 -' ¡ < f!: ' :'-'-'-'-'-' , ~ I 0 LAKE IDA ROAD 0: , ~ I , ~ , ~ I IX! r·-·--- NW 5T i.._._._ h r-.-'------ ----', ,../ L..__,___-J, " !"., I I L_~ , I . , . I ! L._,_._, ,-----________.__../ I i n 5T 5W D'" "r' --,../ ¡ ATLANTIC AVENUE L__. i i ~ ~ r--'-·..i < < I GO . 0 I 0: ;t ;t ! ~ VI VI ... I -' , ð LOWSON BOULEVARD IX! 5.W. 10TH TREET >- ¡ 8 ~ ~ ~ i i3 g I ... X I ~ 0 J: ç:: ~ < ç:! ... < S( èi -' >- < 0: ~ ~ < 0 ::::; II) 2 I ... __0___.__-.---.---.-.---.-----.------ ----------. L-38 CANAL HISTORIC PRESERVATION BOARD CITY UMITS -.-.-,----- 1. - BUSCH'S RESTAURANT 2. - UTOPIA HAIR SALON I MILE I 3. - COLONY HOTEL I 4. - 241 ROYAL COURT SCAlE 5. - 101 N.E. 5TH STREET 6. - HISTORIC HOUSE RELOCATION N - CITY Of' DELRAY BEACH, f'L PLANNING DEPARTMENT - - O/CITAI. BAS£ MAP SYSTEM -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~Y MANAGER SUBJECT: AGENDA ITEM # 70- - MEETING OF OCTOBER 10, 1995 AWARD OF BIDS AND CONTRACTS DATE: OCTOBER 6, 1995 This is before the Commission to approve the award of the follow- ing bids and contracts: 1. Contract award to J.L. Henderson Construction Company, Inc. in the amount of $115,155 for the construction of the Ridgewood Road 12" water main connecting existing 12" water mains on Military Trail and Barwick Road, in order to increase fire flows for new developments, with funding from 440-5179-536-63.60. 2. Bid award to Aquifer Maintenance & Performance Systems, Inc. in the estimated annual cost of $30,000 for well rehabilita- tion, from 442-5178-536-61.82. 3. Bid award to Liquid Carbonic Industries via City of West Palm Beach bid at a total estimated annual cost of $68,544 for CO2 (Carbon Dioxide) for the Water Treatment Plant, from 441-5122-536-52.21. 4. Contract renewal to A-1 Specialty Gasolines, Inc. , Coastal Fuels Marketing, Inc. , and B.P. Oil Company, via Palm Beach County Co-op bid at an estimated annual cost of $214,296.20 for purchase of gasoline and diesel fuel, from 501-3311-591- 52.51, 446-4714-572-51.11, and 445-4714-572-52.11. 5. Annual contract award to Sunstate Meter and Supply, Inc. at an estimated total cost of $27,720.54 for fire hydrants, from 442-5178-536-61.77. Agenda Item No.: i.!JL- AGENDA REQUEST Date: September 20, 1995 Request to be placed on: ~ Regular Agenda (e.- Special Agenda october..3': 1995 Workshop Agenda When: , Description of item (who, what, where, how much) : Contract award to J. L. Henderson Construction Company, Inc. for the construction of the Ridgewood Road 12" Water Main. The proposed water main is located in the northwest corner of the City and will connect between 12" water mains on Military Trail and Barwick Road, in order to increase fire flows for new developments. The bid amount is $115,155.00 and will come from the 1993 water/sewer Bond Construction Fund, Account No. 440-5179-536-63.60. - ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of the Ridgewood Road 12" Water Main to J L. Henderson Construction Company, Inc. for their bid in the amount of $115,155.00. ø#f1-~rf.wç- Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (r~red on all items involving expenditure of funds): Funding available: ES NO Funding alternatives Account No. & Description Account Balance 11 ,~ 7 City Manager Review: Approved. for a?e¡:'a t; ~NO ! i)c( Hold Unt11: I ¿' C "J , Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved agform "' DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: WILLIAM H. GREENWOOD ¡ph DIRECTOR OF ENVIRONMENTAL SERVICES DATE: September 20, 1995 SUBJECT: Ridgewood Road 12" Water Main Project No. 93-78 ÃttãchëcI-Is-añ--Ãgeñdã--Reqüëst--fõr--t-he--Õët-ober--3~--f995--rëgüra-i commission meeting. Also attached, are bid tabulations and a project location map. 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VI \0 f' 00 Q\ 0 - N < . ..,ë,z - - - · 6/23/95 Ridgewood Road 12" Watermain Project No. 93-078 Engineer's Estimate 1 Earthwork L.S. 1 $15,000.00 : $15,000.00 2 Clearing & Grubbing L.S. 1 $40,000.00 $40,000.00 3 Limerock Road Trench Repair L.F. 300 $15.00 $4,500.00 4 Sodding & Seeding L.S. 1 $2,000.00 $2,000.00 5 Connect to Existing 12" Watermain Ea. 1 $1,000.00 $1,000.00 6 12" DIP Water Main L.F. 2800 $40.00 $112,000.00 7 12" Gate Valve Ea. 4 $1,100.00 $4,400.00 - 12" X 12" Tapping Sleeve & Valve $4,500.00 $4,500.00 8 Ea. 1 9 Fill & Flush Connection Ea. 1 $1,200.00 $1,200.00 10 Sample Point Ea. 3 $300.00 $900.00 11 Video Allowance L.S. 1 $500.00 $500.00 12 Indemnification L.S. 1 $10.00 $10.00 . . Project I~---- .1'·-m --_._,- "i~. I ---- 1~- _. --- ! BAtoITAN CRÅ’.K ULWr.N1ARY ~ I '\ ! -i ¡ ! f1 I I I I I I l '« D D C...'" LA TlRAl t-31 I ! ~ .. LOCA TION MAP Agenda Item No.: f~·~· AGENDA REQUEST Date: October 01. 1995 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: October 10, 1995 Description of agenda item (who, what, where, how much): Bid Award - Bid #95-47 - Well Rehabilitation - Award to Aquifer Maintenance & Performance Systems, Inc. at àn estimated annual cost of $30,000. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO " Recommendation: Award to Aquifer Maintenance & Performance Systems at an estimated annual cost of $30.000. Funding from account #442-5178-536-61.81. F ,. --- pepar~~ent Head Signature: Determination of Consistency w th City Attorney Review/ Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO Funding alternatives: ,.¡IA- ~ (if applicable) Account No. & Description: L{~/7f'-'73¿-b¡' ~Z-(W+S /2E~ v-!èf:--{JL¡ Account Balance: "'37 Olb.ð~ - Wb1-L- {ègI-¡1y?) , " , /' loll(/~f' City Manager Review:' Approved for agenda: éJl NO tfM 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 c¡ DATE: October 03, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 10 - BID AWARD - WELL REHABILITATION TERM CONTRACT - BID #95-47 Item Before Commission: The City Commission is requested to approve the award of the above referenced subject to low responsible bidder, Aquifer Maintenance & Performance Systems, Inc., at an estimated annual cost of $30,000. Background: The Water Treatment Pl ant has a need for a term contract for production well rehabi 1 itat ion for twenty-eight wells for the City to keep iron bacteri a down to a mi n i mum. Production we 11 rehabilitation is performed on an ,average of four wells per year continuously. Bids for this contract were recei ved on September 12, 1995, from six vendors all in accordance with City's purchasing procedures. (Bid #95-47 on file in the Purchasing Offi ce. ) A tabulation of bids is attached for your review. The Manager of Water Treatment Plant has reviewed the bids and recommends award to Aquifer Maintenance & Performance Systems. This award was based on the fixed fees ( item I s 1, 2, 4 and 6 of bid specifications), then factor in the hourly rate (item #5 - takes average of 2 days to complete each well), and travel time (item #8). Recommendation: Staff recommends award to Aquifer Maintenance & Performance System, Inc. at an estimated annual cost of $30,000. Funding from account #442-5178-536-61.82. Attachments: Memo From Manager Water Treatment Plant Tabulation Of Bids cc: Don Haley, Manager of Water Treatment Plant Richard Hasko, Deputy Dir. of Public Utilities f·O·)· MEMORANDUM To: Jackie Rooney, Senior Buyer ::J Thru: William H. Greenwood, Dir. of Environmental Services From: Don Haley, Manager of Water Treatment Plant SUBJECT: WELL REHABILITATION Date: September 27, 1995 After review of the tabulation sheets, (Bid #95-47), I recommend we award the bid to Aquifer Maintenance & Performance Systems, Inc. We plan to have four wells completed per year at an estimated cost of $30,000.00. The funding source for the 1995/96 Budget year will be 442-5178-536-61.82. The contract term will be from October 1, 1995 thru September 30, 1996. DH/dk / cc: £<.Íchard Hasko, Dep. Dir. Public Utilities File: aquifer.doc TABULATION OF BIDS BID!I 95-47 Sept. 12. 1995 WELL REHABILITATION Item Description Systematic Services Centech Utility Aquifer Maint. & I Inc. Corporation Performance Systems Inc. (AMPS. Inc.) 1. Mobilize & Demobilize and Cleanup $ 480.00 $ 776.00 $ 1.000.00 Per Each Well * Per Ea. Well Per Ea. Well Per Ea. Well 2. Wellhead & Pump Removal Cleaning & Reinstallation $ 2.000.00 $ 1.552.00 $ 750.00 Per Each Well * Per Ea. Well Per Ea. Well Per Ea. Well 3. Specific Capacity Test (w/existing Pump) Before $ 120.00 $ 105.00 $ 120.00 & after Rehabilitation Per Hr. Per Hr. Per Hr. Per Hour 4. Well Acidification EPA / Wellfield Protection $ 1.200.00 $ 2,750.00 $ 1,800.00 Approved Chemicals Per Ea. Well Per Ea. Well Per Ea. Well Per Each Well * 5. Well Development Per Hour $ 180.00 $ 105.00 $ 120.00 (average 2 days -16 hrs.) Per Hr. Per Hr. Per Hr. (2,800.00) (1,680.00) (1,920.00) 6. Disinfection of Well After / Rehabilitation Chemical $ 225.00 $ 500.00 (included in Cost of Chemical * Chemical Cost Chemical Cost item 114) 7. Pump I Motor Fishing / Retrieval $ 180.00 $ 120.00 $ 120.00 Per Hour Per Hr. Per Hr. Per Hr. . 8. Travel Per Diem Lump Sum $ 120.00/Day (Calculated lump sum) ($6,705.00) ($7,258.00) ($5,470.00) List Chemicals and Processes Dry Chlorine Powder Chlorine Sodium Hypochlorite To Be Used Inhibited HCL Acid 28% Inhibited (3 Hole Volumes injected by Chemical Hydrochloric Acid ranging from 1000 Comments/ Pump at Well Capped to 3000 ppm) Exceptions Will extend same Will extend same Hydrochloric Acid *Item's 1. 2. 4 and 6 are pricing, terms to pricing, terms to (2 to 3 hole vol- fixed rates other Palm Beach other Palm Beach umes ranging from County Governmental County Governmentm 2 to 10% Depending Entities Entities on hole condition) Inhibitors and Surfactants will be submitted per we).l. Will extend same pricing. terms to other Palm Beach County Governmenta] Entities I , TABULATION OF BIDS BIDII 95-47 Sept. 12. 1995 WELL REHABILITATION Item Description Taber Well And Meridith AssociateE Well Water II Pump Ltd. Systems, Inc. 1. Mobilize & Demobilize and Cleanup $ 1,400.00 . $ 1,800.00 $ 5,000.00 Per Each Well* Per Ea. Well Per Ea. Well Per Ea. Well 2. Wellhead & Pump Removal Cleaning & Reinstallation $ 3,600.00 $ 1,900.00 $ 1,500.00 Per Each Well * Per Ea. Well Per Ea. Well Per Ea. Well 3. Specific Capacity Test (w/existing Pump) Before $ 140.00 $ 80.00 $ 100.00 & after Rehabilitation Per Hr. Per Hr. Per Hr. Per Hour 4. Well Acidification EPA / $ 2,800.00 Wellfie1d Protection $ 2,800.00 $ 3,000.00 Approved Chemicals Per Ea. Well Per Ea. Well Per Ea. Well Per Each Well * 5. Well Development Per Hour $ 120.00 $ 125.00 $ 100.00 (average 2 days - 16 hrs.) Per Hr. Per Hr. Per Hr. (1,920.00) (2.000.00) (1 500.00) 6. Disinfection of Well After Rehabilitation Chemical $ 4.00 / Gal. $ 750.00 $ 500.00 Cost of Chemical * Chemical Cost Chemical Cost Chemical Cost (est. 150 gal =600.) 7. Pump / Motor Fishing / Retrieval $ 150.00 $ 125.00 $ 175.00 Per Hour Per Hr. Per Hr. Per Hr. 8. Travel Per Diem Lump Sum $ 20.00 $ 500.00 $ 200.00 Lump Sum (Calculated lumu sum) ($10.340.00) ($9.750.00) ($11.700.00) List Chemicals and Processes Liquid Chlorine 10% Sodium HypochloritE HTH Bleach/ClorinE To Be Used Pump Muriatic Acid HCL with food grade for disinfection - to screen Area. inhibitor for acid installed via Comments! Pump Chlorine to ization. trimmie method. Exceptions screen area. Sodium Hypochlorite Hydrochoric Acid - *Item's 1, 2. 4, and 6 are Air Compressor for disinfection. approx. 200 gal. fixed rates Development. Medhodolgy to be ! well. provided if we are Horizontal Jettin¡ low bidder BMR product. Will extend same Will extend same prices, terms to prices, terms to other Palm Beach other Palm Beach County Governmenta County Governmen- Entities tal Entities. , I Agenda I tem No.: ? .().3 . AGENDA REQUES'r Date: October 03. 1995 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: October 10. 1995 Description of agenda item (who, what, where, how much): Bid Award - C02 - Carbon Dioxide - Award to Liquid Carbonic Industries at a total estimated annual cost of $6R,S44. via City of West Palm Beach Bid #94/95-75. for the Water Treatment Plant. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO " Recommendation: Award to Liquid Carbonic Industries at at estimated annual cost of $68.544. via City of West Palm Beach Bid #94/95-75. Funding from account #441-5122-536-52.21 , - pepart.~nent Head Signa ture: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of fundß): Funding available: ~ NO ~ Funding alternatives: (if a~iCable) <£)1 Account No. & DeS~tiOn' ~ Ç~?_2-S3&. <;2--2-[ .. ~- wre..Tr<mrµr ðt '" Account Balance: f?fD ()t.AfJl . . A-rvrr ~þé¡J~TE 1) no CD 2. If f\ r Clty Manager ReV10W: ~ Approved for ëJ.gend~ NO 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: October 03, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 10, 1995 - BID AWARD C02 - CARBON DIOXIDE - TERM CONTRACT Item Before Commission: The City Commission is requested to approve the award of the above referenced subject to the low responsible bidder, Liquid Carbonic Industries, at a total estimated annual cost of $68,544. Background: The Water Treatment Plant has a need for an annual contract for carbon dioxide as the recarbonation chemical needed to adjust the pH and stabilize the water before leaving the Water Treatment Plant. Carbon Dioxide is available via City of We s t Pa 1 m Beach Bi d #94/95-75. City 9f West Palm is the lead entity in this joint bid with the City of De 1 ray Beach. Bi ds were recei ved on September 19, 1995, from three (3) vendors, per attached fax dated 09/19/95 from City of West Palm Beach. The Superintendent of Water Treatment Plant recommends award to Liquid Carbonic Industries per attached memo dated September 19, 1995. Liquid Carbonic is our current vendor for this commodity. Recommendation: Staff recommends award to Liquid Carbonic Industries, at an estimated annual cost of $68,544. Funding from account numbers #441-5122-536-52.21. Attachments: Fax From City of West Palm Beach Memo To Supt. Of Water Treatment Plant cc: Don Haley, Supt. of Water Treatment Plant Richard Hasko, Deputy Dir. of Public Utilities f·0·3· M E M 0 RAN DUM TO: Don Raley, Supt. Of Water Treatment Plant FROM: Jacklyn Rooney, Senior Buyer ~ DATE: September 19, 1995 SUBJECT: Carbon Dioxide The current contract for the purchase of C02 - Carbon Dioxide - expires on September 30, 1995, via the City of West Palm Beach Bid #82/93-94. The City of West Palm Beach re-bid this commodity this year as a joint bid with the City of Delray Beach. City of West Palm Beach is the lead entity for this joint bid. Three bids were received on September 19, 1995. Two of these were a "No Bid", and the third bid was from Liquid Carbonic at $126.00 per ton. Attached is copies of the bids received and "Tabulation Sheet". City of West Palm Beach is recommending award to Liquid Carbonic. If you agree, please sign below and return to Purchasing. G\- :L'O - ,") \- (date) Attachments: Tabulation Sheet Copies of Bids Received cc: Joseph'Safford, Finance Director Richard Rasko, Depty Director of Public Utilities , . City of West Palm. Beach FAX TRANSMI:SSI.ON' 1045 Charlotte Ave, West Palm Beach) FL 33401 (407) 659-8036 Fax: (407) 835..0028 TO: Jackie Rooney FROM: Nora W. Laudermilk City ofDelray Beach Asst. Purchasing Agent FAX: 1-407-243-3774 DATE: 9/19/95 PAGES: 6 (Includes cover sheet) Here are the results ofBìd # 94/95-75 ~ FURNISH CARBON DIOXIDE. Jackie, Looks like a real easy decision. Thanks for your help. 0, t:! .. = .- 112 0 UJ ~ z: ~ .... Q I- eI) UJ >- (I} v> 0"\ ... ....... Ø'I C ~ UJ 0 z ð z OJ Q.. 0 (I) UJ 1.1.1 I- >- ~ (I} ø ., U J >t ':::s::b ~ 0 Q Z "<- ~ fJ) I- Lu ~ ~ >- (I)- ø. ð5 z ¡;) Q f!1 ... - ~ ~ !¡ loot i~ ~ 0 S \. \ I'ð Z ....I ~~ . W Q = i-! ~ ~ Q ~1 ~ ~ en I -. "'" ~ ~ IJJ >- ~ 0- VI' ~ := U) loot ~I ~ In ....., i 0 ~ z: ..~ ,.... ~ en UJ ~ ~~ LU ...J \:~ -I >- ,.... ~'~ - .t: I- (I}~ ~ j ~ Æ ". III tf.I 1""4 8, I.l'I IU ,... "Ø,¡ u>t ,, en f ~ ã ~ B = In ~tL V) I- Ø't fo4"'¡ X < ...... ~~ 4.1 I:t:: I- ...,. !-I 0 .-( UJ <.n C1' &~ a ~ ~ 'C ~ >- >- ~ 0 0 ~ ~ ~ ~ 0:: QJ z: 1-4 W - ~ U~ U~ i~ UJ ~ > .,.¡ +J .,.¡ .¡.J ~ ,..¡ ~ 0 - 0 ~."" ~H ~ G.I >- Z ...J 0.-.4 ø..U :!.¡U Q ,. """" UJ .,- - - PROPOSAL CARBON DIOXIDE TOTAL OFFER ~ ~ Liquid Carbon Dioxide.. City of West Palm Beach $ ÎJ.6-~ per ton West Palm Beach Water Plant 1009 Banyan Blvd. West Palm Beach, FL 33401 Liquid Carbon Dioxide.. City of Delray Beach $ i J. ~ . ~'1 pecton Dekay Beach Water Treatment Plant 200 S,W. 6th Street Delray Beach. FL 33444 State any additional charges (if any): .. Delivery can be made in r;:2 working days after receipt of order. NAME OF COMPANY: LIQV,\) W~I( (NÎJV~((i (5 ADDRESS: t~" I 7HlJÓ\}\)(' í3t-vD/}.v ITé ~37Q, 4TvtN1í1.. G'~ 3~ 3 ~ t TELEPHONE: (~~ q~b~ ~O NO.: (I+!><f )'1'11 .. ~ , '5 , .,.~....... AUTHORIZED SIGNATURE' ')Av,~ c. ~'<AI1~/...¡AI7~ 'f01~(' (print Name) DATE: CONTACT(S) AND PHONE NUMBER FOR PLACING ORDERS: TVt -M((~ Sf~t ~1crr. fVt ;:. ~'3 '<6ß·ß ~ (print Name) itle) (Telephone) 8 '. · PROPOSAL CARBON DIOXIDE TOTAL OFFER lÅ’SCRIPTION F.O.R. D&ST. Liquid Carbon Dioxide - City of West Palm Beach $ ~O 8:CÞ per ton West Palm Beach Water Plant 1009 Banyan Blvd. West Palm Beach, FL 33401 Liquid Carbon Dioxide - City of Delray Beach $ NO b.tD per ton Delray Beach Water Treatment Plant 200 S.W. 6th Street Delray Beach, F1. 33444 State any add.iûonal charges (if any): Delivery can be made in working days after receipt of order. NAME OF COMPANY: No~ j-t- ÑYlQf~ Jr¡c-. ADDRESS: \ 0 '30 Cfo..w n 'G' c \ (\{'"t. fh.d\w ~ J ~ -t-t 1-500 ! ArtOJ'\t'~, þA-. ~ c 3 :3 g- TELEPHONE: 11ð" ~/2,Lf& 10 FAX NO.: ..- AUTHORIZED SIGNATURE: '1"(645 (Signature) (print Name) DATE: CONT ACT(S) AND PHONE NUMBER FOR PLACING ORDERS: (print Name) (Title) (Telephone) 8 ^ ,.P..I.4.L.",,,, "',1_" ,"'..... .." 4 '~II '"'' . I I "... A I ... . .........' "''''''''' I _ I.' . ... ._ ,a.__ · PROPOSAL CARBON DIOXIDE TOTAL OFFER DESCRJlIJ01í ~ Liquid Carbon Dioxide - City of West Palm Beach $ NO BID per ton West Palm Beach Water Plant 1009 Banyan Blvd. West Palm Beach, FL 33401 Liquid Carbon Dioxide.. City of Deltay Beach $ NO BID per ton Dekay Beach Water Treatment Plant 200 S.W. 6th Street Delray Beach, FL :33444 State any additional charges (if any): - Delivery can be made in - working days after receipt of order. NAME OF COMPANY: JONES CHEKICALS I INC. ADDRESS: 600 CORPOBATE DRIVE. SUITE 460, Ji"I'_ ~-6umÅ“nAT.1i', 'll'Tf)RTn4. :-:t111A TELEPHONE: (BOO) 242--2790 _ FAX NO,: (305) 49J-:,1474 . AUTHORIZED SIGNATURE: ~ ~ gj~ E.G. BAGER. (print Name) (Signature DATE: SEPTEMBER 11.19?S CONT ACT(S) AND PHONE NUMBER FOR PLACJNG ORDERS: (print Name) (Title) (Telephone) 8 . Agenda I tern No.: f'()'~ 1\GENDlI. REQUEST Date: October 03,1995 Request to be placed on: ' X Regular Agenda Special Agenda Workshop Agenda When: October 10, 1995 Description of agenda item (who, what, where, how much): Contract Renewal - Renew contract for purchase of gasoline and diesel fuel with A-I Specialty Gaso1ines, Inc.. Coastal Fuë1s Marketing Inc., and B.P. Oil Company, via Palm Beach County Co-op bid #93-230/PR, at an estimated annual cost of $214,296.20 for the City of DplrRY Beac.h. ORDINANCE/ RESOLUTION REQUIIÅ’D: YES/NO Draft Attached: YES/NO " Recommendation: Renew contract with vendors listed above for the purchase of gasoline & diesel fuel via Palm Beach County Co-op Bid #93-230/PR. Funding from various departments operating budget. , 501-3311-591-52.51, 446-4714-572-51.11, 445-4714-572-52.11 _.---....- ~epart,~\ent Head Signature: Determination of Consistency wit City Attorney Review/ Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funda): QNO Funding available: Funding alternatives: ~if apPlica~ ~ Account No. & DeSïilition' '=:VI-¿QII-gj /.:'7')_-<;/ t4 t21tfd:::. INVE:. -RiEL. Account Balance: lat7 . . " p..µcJ1~~ f. ,.10\). .' Cl ty Manager Review: ~ol=:- . . 'J"" " .,,{J' . D \t.¡ . Approved for agenda: €J/ NO tflv( \~v ,l \...l' Hold Until: ~ 0..~ç 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, Sen10r Buyer ~ DATE: October 03, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - OCTOBER 10, 1995 - BID RENEWAL AWARD CO-OP BID - GASOLINE AND DIESEL FUEL Item Before Commission: The City Commission is requested to approve the renewal of the award for the purchase of gasoline and diesel fuel to various vendors, at an estimated annual cost of $214,296.20, via the Palm Beach County Co-op Bid #93-230/PR. Background: The Palm Beach County Purchasing Department is the lead agency for this co-op bid. Palm Beach County has renewed this co-op bid for another year per attached letters to vendors. The Delray Beach Commission approved the award of this contract to multiple vendors on September 28, 1993 (Documentation attached). Recommendation: Staff recommends renewal to various vendors at an estimated annual cost of $214,296.20 for the City of Delray Beach, per attached pricing breakdown per vendor. Funding from various department's operating budgets. Attachments: Palm Beach County Renewal Letters To Vendors City of Delray Beach Pricing Breakdown City Of Delray Beach Consent Agenda Dated September 21, 1993 f·O·f· . Estimated Quantities for City of Delray Beach Diesel 112 67,000 gallons Supreme Unleaded 33,000 gallons Regular Unleaded 289,000 gallons Breakdown: Based on current Miami OPTS price for October 02, 1995 Vendor / OPTS Estimated Unit Price x qty. = Description Bid Price Price Quantity Total Dollar Amount Diesel 112 A-I Spec. .5201 67,000 gal. .5876 (.0675 + .5201) Tankwagon +.0675 x 67,000 = $39,369.20 Supreme Coastal .5683 33,000 gal. .5402 (.5683 - .0281) Unleaded -.0281 x 33,000 = $17,826.60 Transport Regular B.P. Oil .5319 289,000 gal. .5436 (.0117 + .5319) Unleaded +.0117 x 289,000 = $157,100.40 Transport Total Estimated Dollar Amount $214,296.20 . '-~v 1..L..¡ J I U. JdL;~, le hÙUI "" Y rrom:\.J1111ali1 Ihl'asher 4D')-233-Ed7? Page 2/2 OPIS REPORT - IVIIAIVII AVERAGE PRICES DIESEL UNLEADED GASOLINE REGULAR SUPER PREMIUM REPORT #2 Low #2 High 87 Oct. 89 Oct. 93 Oct. DATE* .4969 .4874 .597] .6355 .6973 JlUl 26, 95 .5108 .4937 .5793 .6170 .6796 Jut 3, 95 .4984 .4823 .5564 .5957 .6567 .IuJ 10, 95 .4996 .4864 .5458 .5835 .6468 Ju117,95 .4932 .4804 .5254 .5627 .6257 JuI 24, 95 .5085 .4965 .5187 .5564 .6179 Jut 31, 95 .5223 ,5093 .5387 .5760 .6379 Aug 7, 95 .5264 .510] .5531 .5898 .6522 Aug 14, 95 .5280 .5096 .5576 .5932 .6541 Aug 21,95 .544 ] .5219 .5502 .5879 .6472 Aug 28, 95 .5367 .5172 .5448 .5813 .6414 Sep 4, 95 .5547 .5368 .5613 .5983 .6588 Sep 11, 95 .5442 .5301 .56U5 .5977 .6582 Sep 18, 95 .5275 .5149 .5571 .5942 .6527 Sep 25, 95 .5201 .5077 .5319 .5683 .6278 Oct 2, 95 *ENDING DATE IS TffiJRSDAY PRIOR TO REPORT DATE. (I.R., ENDING DATE OF THlJRSDA Y 6/22/95 IS THE AVERAGE PIllCE ON THE 6/26/95 (l\IONDA Y) REPORT. . l M E M 0 RAN DUM TO: David T. Harden, city Manager THROUGH: Robert A. Barcinski, Assistant City Manager THROUGH: Ted Glas, Purchasing Officer FROM: Jacklyn Rooney, Buyer c¡- DATE: September 21. 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 28, 1993 - BID AWARD - BID #93-230/PR CO-OP BID - GASOLINE AND DIESEL FUEL Item Before City Commission: The City Commission is requested to make multiple awards as listed below for gasoline and diesel fuel, at an estaimted annual cost of $171,463.38. Per the Finance Department. funding is from: ( ). Backaround: The Palm Beach County Purchasing Department is the lead agency for this co-op bid. Bids were received on July 12, 1993 from six (6) vendors per attached bid tabulation and agenda summary from Palm Beach County. which was approved by the Palm Beach County Commission on 09/07/93. The low bidders for Delray Beach are. as follows: < Diesel #2 (Tankwaaon) Estimated Annual Cost ,A-1 Specialty Gasolines Inc. @ $.0675 mark-up $ 21.796.44 Diesel '~2 (Transport) Coastal Fuels Marketing Inc. @ $.0140 mark-up 22,808.00 Supreme Unleaded (TankwaQon) B.P. Oil Company @ $.0395 mark-up 15.108.70 Supreme Unleaded (Transport) Coastal Fuels Marketing Inc. @ $.0281 discount 68,830.24 ReQular Unleaded (Transport) B.P. Oil Company @ $.0117 mark-up 42,920.00 This contract ~llows for price fluctuation (escalation) based on prices published in the Oil Price Information Service (OPIS) for Miami. However, the vendor markup or discount (including delivery and all other costs) shall not change during the time of this contract. Recommendation: staff recommends multiple awards as stated above. '- , Attachments: Bid Information Sheet for City of Delray Recommendation from Palm Beach County cc William Greenwood Chief Overman Brahm Dubin Richard Corwin Chief Koen . · - Agenda Item No.: f.o·Ç AGENDA REQUEST Date: September 22, 1995 Request to De placed on: x Regular Agenda Special Agenda Works bop Agenda When: October 10, 1995 Description of agenda item (who, what, where, how much): ' AWrirn Annl1ri1 r.nnt rrirt. fnr Firp Hynrr=lnts to low bidder Sl1n!=:t;::¡tp Mptpr F.. Sl1pp1y Tní', , ppr Bin :/ :gl)-60, at a p!=:timritpn T.nT.r=l1 rnsT. of $?7,7?O.t:)4. ORDINANCE/ RESOLUTION REQUIRED: Y2S/NO Draft Attached: YES/NO r Supply Inc. for a estimated 77. 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, YES/ NO ~~ ~.IZ- Funding alternatives: . (if lic l), Account No. & Description, n#]1lr-.-Srfl,-S0b.!íJI--r¡ ~ 'vMvf- Account ~alance' ;;J,S¡(!{;() ¡:: ¥ ¥ . 'h . City Manager Rev iew: 0fJ Approved for agenda: &/ NO tf1 Hold Until: Agenda Coordinator Review: Received: - , Action: Approved/Disappr.oved RECE'VEO }vlEtv!OHÞ.NDUtvl SEP 2 2 1995 CHY MÞ'~' ~--."' Nllr,E. TO: THFOUGH: JOSEPH Il-,JANCE DIPECTOP FROlv1 : JANIC'E q PYY B1'''"PPcp . ..... '-,'*-'I I'::;'" " ' .J l.i-l ' DATE: ::~EF'TE1',1E¡EF~, 2 2, i 9 9 :1 S1JE:J,JE C:T : DOCUl'1ENTÞ,TION - CITY COHHISSION HEETING OCTOBER 1 0 . 1 9 9 ~5 ~¿J/)~À~P.I) F I F~.E H~lI)F~)lJ··TTS 2: I I) # 95 - 6 (1 ~~l'-·¡t-·nJÞ.L CONTPACT Item Before City Commission: The Ci ty Commiss ion is requested to m,;j, ke a. '1'[ aT d to ~::11ns t.¡~. t e Heter and Supply Inc, for Fire Hydrants .:J,t a total estimated cCJ~S t of :? 2 7 720,54, Background: The Fire Hydrðnts are warehoused for the Environmental ~3er~"l ices Department, Fundin9 from Renewal & F:eplacement account #442-5178- ~)36-61,77t Recommendation: ~::tð,ff recommends ð,ward to Suns tate Meter and Supply Inc at ð, totð,l estimated cost of $27,720,:]4, at tachmen t;3: Tab sheet Mem;J from Environmental Services 9·0-5"' . MEMORANDUM TO: Janice Slazyk, Buyer FROM: Richwù C. Hasko, P.E., Deputy Directo' OfP.U~ SUBJECT: BID #95-60 - FIRE HYDRANTS - ANNUAL CONTRACT DATE: September 20, 1995 We have reviewed the bids forwarded to us for the subject annual contract and recommend award to the low bidder, Sunstate Meter and Supply, Inc. Please advise the vendor that hydrants are to be supplied colored silver. Estimated annual purchase is $25,000.00, with funding trom Renewal and Replacement Account #442- 5178-536-61.77. RCH:cl cc: William H. 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W ~. .. ~ ~I-' ~~ <'~I I J! I I'DI I I I I V~ ¡ ~-. I.. !. I I 1 ¡ I I I.... .1. ~) O:"~ I Iii I f!: õ:i ã - . . 1 1 ¡ '-I __... It:: I- III-i I- 11:;:11 I g I~ ~ II~il' ~ !I~' I ~I I~ II a.. .10 >- 0 a >- a a 1 1-( 1:2'" I ëë >- >- 0:: >- 1>-11>-1 0:: >- 1>-1>:1, 10 I1.J 0:: :c: =- :c: 1 0:: , :c: =- :c: 0:: . :r: i 'O¡;: I .J~.~ JI~J~ J~¡~II~LLI~!~¡ IIL,L.ll . BID FORM CITY OF DELRAY BEACH BID #95-60 FIRE HYDRANTS ANNUAL CONTRAÎ.T SCHEDULE OF PRICING ESTIMATED ANNUAL MANUFACTURER & UNIT TOTAL USAGE BURY MODEL # COST COST -_. .~ 31 AMERICAN AVK 12 MODEL 2780 579.87 6,958.44 - - 12 3'6" . " " 593.64 7,123.68 - 0_-- 8 41 " " 607.41 4,859.28 - 8 4'6" " " 621.18 4,969.44 - 6 5' " " 634.95 3,809.70 - GRAND TOTAL...,... .$___,~7, 720.54 F.O.B.- DELRAY BEACH,FLORIDA FIRM - (1) ONE YEAR DELIVERY- 2-3 WEEKS ARO d{{~1aR4~ MI MOBBS OFFICE MANAGER SUNSTATE METER & SUPPLY,INC. 8/28/95 14 , . , . M E M 0 R AND U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER e%1 SUBJECT: AGENDA ITEM # <fA· - MEETING OF OCTOBER 10, 1995 CONDITIONAL USE REOUEST FOR EMMANUEL EVANGELICAL LUTHERAN CHURCH OF DELRAY BEACH DATE: OCTOBER 4, 1995 This is before the Commission to consider a request for conditional use approval to establish a church facility (Emmanuel Evangelical Lutheran Church of Delray Beach) within an R-1-A (Single Family Residential) zoning district. The subject property consists of Lots 19-24, Block 6 in the Rosemont Park subdivision, and contains 0.93 acres. It is located at the southwest corner of S.W. 6th Avenue and S.W. 7th Street. There is an existing single family structure at the north end of the property (Lot 24) and the balance is vacant. The development proposal is for a 160 seat church facility, including a sanctuary, a fellowship/dining room and administrative offices with a kitchen, and a 60 space parking lot with associated landscaping. The congregation is currently conducting services at Trinity Lutheran Church at the northwest corner of Lake Ida Road and Swinton Avenue. The church has indicated that if this request is approved, it has an option to purchase four lots (Lots 11-14, Block 5, Rosemont Park) across the street on the north side of S.W. 7th Street. These lots would be used for additional parking required for any future expansion. Please refer to the staff report for a detailed analysis of this request. The Planning and Zoning Board considered this matter at public hearing on September 18, 1995. Public testimony was provided both supporting and opposing the request. The objections were made by surrounding property owners stating that there is already an overabundance of churches and institutional/public uses within this neighborhood which create traffic problems and detract from the neighborhood. Supporters stated that the church would provide a permanent location for the congregation and that the use would not be disruptive. After lengthy discussion, the Board voted 4 to 2 (Bonardi and Young dissenting) to recommend denial of the conditional use request, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations and policies of the Comprehensive Plan. ref:agmemo5 , oK tJJt1 C I TV COMMISSION DOCUMENTATION TO: ~HARDEN' CITY MANAGER \" ~ .. ,~ MM\~ THRU: D Ä E OMINGUEZ, DIRE OR DEPARTMENT OF PLANNING A ZONING FROM: V A. COSTEllO R PLANNER SUBJECT: MEETING OF OCTOBER 10, 1995 CONDITIONAL USE REQUEST TO ESTABLISH A CHURCH FACILITY FOR EMMANUEL EVANGELICAL LUTHERAN CHURCH OF DELRA V BEACH. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Conditional Use request for Emmanuel Evangelical Lutheran Church of Delray Beach, within the R-1-A (Single Family Residential) zoning district. The subject property is located at the southwest corner of S.W. 6th Avenue and S.W. 7th Street, and contains 0.93 acres. BACKGROUND: The development proposal is to construct a 4,928 sq.ft. church facility which includes a 160 seat sanctuary; a fellowship/dining room and administrative offices with a kitchen; a 60-space parking lot with associated landscaping and refuse storage areas; and, construction of the alley which runs along the west side of the property. The administrative offices will be in service weekdays from 6-8 hours and there will be 3-4 employees. The church/sanctuary will be used primarily on Sundays from 6-8 hours and occasionally on weeknights for special worship services and church meetings. An analysis of the conditional use request is found in the attached Planing and Zoning Board Staff Report. · City Commission Documentation Meeting of October 10, 1995 Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Request Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of September 18, 1995, the Planning and Zoning Board held a public hearing in conjunction with review of the request. Public testimony was provided both supporting and opposing the conditional use request. The objections were made by surrounding property owners stating that there is already an overabundance of churches and institutional/public uses within this neighborhood which create traffic problems and detract from the neighborhood. Supporters stated that the church would provide a permanent location for the congregation and that the use would not be disruptive. After lengthy discussion, the Board voted 4-2 (Bonardi and Young dissenting) to recommend denial of the conditional use request, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations and policies of the Comprehensive Plan. RECOMMENDED ACTION: By motion, deny the conditional use request based upon the findings and recommendation of the Planning and Zoning Board. Attachment: 0 P & Z Board Staff Report and Documentation of September 18, 1995 . PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 18, 1995 AGENDA ITEM: V.s. ITEM: Conditional use request for the establishment of an 160 'seat church facility, located at the southwest corner of S.W. 6th Avenue and S.W. 7th Street. ~. 0 l I I s.w. II ! z < WA JE'R ~ '" < "7 i < TRE:ATME:NT ~ PLANT ~ '--- .. II __~s. 5oW. 7tH ST. i!: I " II . RN ~ If ST. 7tH ST. ~ ~ I II CARVE:R i!: 0 E:STAJE'S - I II ~I I '" . III DE:LRA Y BE:Aæ III s.w. 7tH CT. I II ~I I d I I J CEME:JE'RY I I I I J ! - ~~ I II ··IIII~· "IN CT. - f-L.....- !.!.!!.. .--~. - I I - - - I - < - - - - , ~ ~. K r- - - - I I I I I I I I I I I I I I I I I I I I I I I I IÙlr I I I I I I ~T I I I I I I II GENERAL DATA: : . ; Owner. ....... ....................... ....... ....~......... James E. Chapman Agent.... ................ ...... ........... ........ ....... Albert L. Miller Trinity Evangelical Lutheran Church Contract Purchaser.............................. Emmanuel Evangelical Lutheran Church of Delray Beach Location................................................ Southwest corner of S.W. 6th Ave. and S.W. 7th St. Property Size........................................ 0.93 Acres Future Land Use Map.......................... Low Density Residential (0-5 d.u.lacre) Current Zoning..................................... R-1-A (Single Family Residential) Adjacent Zoning.........................North: R-1-A East: R-1-A South: R-1-A West: R-1-A Existing Land Use............................... Primarily vacant land with an existing single family dwelling on the north side of the property. Proposed Land Use............................. Establishment of a 160 seat church facility consisting of a 4,928 sq.ft. structure, a 60 space parking lot and associated landscaping improvements. Water Service....................................... Available via a service lateral connection to an existing 6" main along S.W. 7th Street. Sewer Service...................................... Available via a service lateral connection to an existing 6" main along S.W. 6th Avenue, V,B, J:::::;:;::!:~1:!:!:!:::::::::::::::::::::::!:::::::::::::::::::::!:::::!:;::::::::;:;:!:::::::;:¡::¡:j:~Î:::§:!:I!::::::::::Î::¡§:::~Ê:¡:Î:::Î:::í::,:::::::i:::fj'¡¡:§¡::':""Î;:~::Î:':Ρ:,m:'j~:¡'~:::'-:":'¡::::'::::::i~!:~::::~~~,:-::'::,,¡':::!¡,::¡:::-:!,:,"::::::::':~':",~¡:::::',:':::n The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request and attendant sketch plan to establish a 160 seat church facility for Emmanuel Evangelical Lutheran Church of Delray Beach. The subject property is located at the southwest corner of S. W. 6th Avenue and S. W. 7th Street. The subject property consists of Lots 19-24, Block 6, Rosemont Park Subdivision, and contains 0.93 acres. There is an existing single family structure located at the north end of the property (Lot 24) and the balance is vacant. On August 4, 1995, a request for Conditional Use and attendant sketch plan approval for Emmanuel Evangelical Lutheran Church of Delray Beach was submitted and is now before the Board for action. The congregation is currently conducting services at Trinity Lutheran Church at the northwest corner of Lake Ida Road and Swinton Avenue. The congregation is seeking to establish its own facility. . The development proposal is to construct a 4,928 sq. ft. church facility consisting of the following: 0 Demolition of the existing single family residence; 0 Sanctuary containing 160 seats; 0 Fellowship/Dining room and administrative offices along with a kitchen; 0 60 space parking lot with associated landscaping and refuse storage areas; and, 0 Construction of the alley which runs along the west side of the property, The administrative offices will be in service weekdays from 6-8 hours and there will be 3-4 employees. The church/sanctuary will be used primarily on Sundays from 6-8 hours and occasionally on weeknights for special worship services and :: church meetings. P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 2 It is noted that while this conditional use request only relates to Lots 19-24, Block 6, Rosemont Park, the church has indicated that if this conditional use is approved, it has an option to purchase 4 lots (Lots 11-14, Block 5, Rosemont Park) across the street from the subject property on the north side of S. W. 7th Street. The lots would be used for additional parking required for any-future additions. ¡¡¡:¡¡:::~j¡¡~¡M~i¡¡¡:~1@~@W.l¡lfM~I~iI~I¡¡IJIΡ:¡I¡¡J¡¡¡1¡¡:I¡¡I1:I:¡¡:::¡¡j:g11¡¡:I:¡¡:¡¡¡¡I:¡:lj::I~II:I¡Ji~1:i.j¡¡¡jf@mill1~~~~~i:ft~:¡¡~U¡~¡ CHAPTER 3 (REQUIRED FINDINGS): (Peñormance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) 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 body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE lAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. ; The subject propeirty has a Future Land Use Map designation of Low Density Residential (0-5 'dwelling units/acre) and is zoned R-1-A (Single Family Residential). The R-1-Ä zone district is consistent with the Low Density Residential land use plan designation, Pursuant to LOR Section 4.4.3(0)(2), within the R-1-Ä zone district, churches, places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities , are allowed as a Conditional Use. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care, or by rezoning the property to CF (Community Facilities), as appropriate. 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. P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 3 Water and Sewer: To date no water and sewer plans have been submitted, however, the following is noted: a Water service is available via a service lateral connection to an existing 6" water main located along S. W. 7th Street. Adequate fire suppression is available via an existing fire hydrant at the northeast corner of S. W. 7th Street and S. W. 6th Avenue. a Sewer service is available via a service lateral connection to an existing 6" sanitary sewer main located along S.W. 6th Avenue. DrainaQe: Paving and drainage plans have not been provided. With a full site plan submittal, drainage plans will be required. All drainage must be retained on-site. At this time, there are no problems anticipated. Streets and Traffic: A traffic impact study was submitted indicating that the proposed church will generate 46 average daily trips to the surrounding roadway network. The traffic impact study complies with the Palm Beach County Traffic Performance Standards Ordina~Å“. Based upon the above, a positive finding with respect to traffic concurrency can be made. However, it should be noted that while the trip generation is based on a square footage basis for daily trips, the peak trip generation period is Sunday at which time 361 trips are generated in a relatively short time period. Thus, while traffic concurrency has been met, the traffic impacts on the residential neighborhood during Sundays services must be taken J into consideration. In addition to the above, the development proposal includes improving and utilizing the alley along the west side of the property for access and waste service purposes. The alley improvement is the responsibility of the church as outlined in LOR Section 5.3.1 (E)(2)(a) (Improvement Obligations). Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. - P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 4 Solid Waste: Trash generated each year by the proposed 4,928 sq. ft. church will be 1.6 pounds per square foot per year or 3.9 tons per year. The trash generated by this proposal 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 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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Housinq Element Obiective B-2 - For those areas identified as "rehabilitation areas" on the Residential Neighborhood Categorization Map, the City - through its Community Improvement Department - shall provide concentrated programs of code enforcement, public investment in infrastructure, public assistance in the rehabilitation of structures, public action in the provision of replacement housing, opportunities for new private development, and special social programs all directed toward the stabilization and yevitalization of those designated areas. Pursuant to the Residential N.eighborhood Categorization Map of the Housing Element, the surrounding neighborhood is designated as "Revitalization and Rehabilitation". The policies related to neighborhoods so designated concentrate on the provision of housing opportunities, through rehabilitation and infill programs. In 1990, a similar request to establish a church 3 blocks north of this property was denied, however, that property has since been developed with 3 single family homes. Just east of that property, 3 more single family homes have recently been constructed. On the subject property, a total of 5 single family homes could be built (1 unit per lot). In addition to the subject property, there are some vacant lots scattered throughout the surrounding area that could accommodate infill housing. However, as there are already a number of churches in this vicinity, an additional church may further hinder the development of these vacant properties for residential purposes. Land Use Element Obiective A-1 - 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. P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 5 There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed use. While the property can be developed in a manner which is complimentary to the adjacent residents, it is not clear that it meets the objective of fulfilling remaining land use needs, This development will provide a permanent facility to serve a congregation which is temporarily meeting at another church facility. While it may fulfill the church's need for additional space, it does not necessarily meet the needs of the neighborhood, which is already served by a number of churches. This issue is dealt with in greater detail in the following section. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is surrounded by the R-1-A (Single Family Residential) zone district. The ~xisting land uses are primarily single family residences with some vacant lots.. The property is separated from the existing single family homes to the north and east by street right-of-way and from the residences to the west by an unimproved 1.6 foot alley. To the south. the property abuts a single family home. The development proposal includes improving the alley to accommodate some back-out parking and trash pick-up area (dumpster enclosure) to the rear of the church as well as providing better traffic circulation -' and a secondary access drive for the development. While a singular church is not typically considered to create adverse impacts on a residential neighborhood, a large number of churches and other institutional service type uses can detract from a neighborhood's residential character. There are 5 churches already located within 1.000 feet of the subject property. As multiple church facilities create concerns over cumulative traffic impacts in residential areas. an analysis was conducted to determine the capacity of churches within 1,000 and 2,000 feet of this proposal (see attached radius map). The following is a summary of existing and approved churches within that radius. P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 6 Seating Churches within 1,000' Status Capacity 1. Bethel Evangelical Church Currently Operating 204 (Northeast corner of S.W. 8th Ave. and S.W. 8th Court) 2.Haitian Catholic Church Currently Operating 306 (Northwest corner of S.W. 8th Ave. and S. W. 6th Street) 3.Holy Ghost Headquarters Currently Operating 156 (Generally located at the southwest corner of S.W. 4th St. and S.W. 6th Ave.) 4. Mt. Moriah AM.E. Church Currently Operating 150 (Generally located at the southeast corner of S. W. 4th Ave. and S.W. 7th St.) 5. Pine Grove National Church Currently Operating 20 of God (Northwest corner of S.W. 6th Ave. and S.W. 9th Ct.) ; . ; . Subtotal 836 Seating Churches within 2.000' Status Capacity 6. Calvary Bible Mission Baptist Currently Operating 196 Church (SW corner S.W. 10th St. and S.W. 8th Ave.) 7. Full Gospel Assembly Church Currently in Process 500 (SW corner of S.W. 10th St. and Swinton Ave.) 8. Evangelical Reachout Church Currently Operating 230 of Christ (NW corner of S. W. 8th S1. and S. W. 2nd Ave.) P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 7 Seating Churches within 2,000' (cant.) Status Capacity 9.Christ Missionary Baptist Church Under Construction 100 (NE corner of S.W. 8th St. and S. W. 2nd Ave.) 10. Church of God of Prophecy Under Construction 120 (NE corner of S.W. 4th Ave. and S. W. 4th St.) 11. Church of the Living God Currently Operating 120 (East side of S.W. 5th Ave., between S.W. 3rd and 4th Sts) Total 2,102 There is a high concentration of existing churches in the vicinity of the subject property, the nearest church being located 1 block to the southwest. Considering the proposed church's seating capacity of 160 seats, the cumulative church traffic may be impacting to the surrounding neighborhood. A majority of the concerns raised with respect to multiple church facilities in close proximity relate to the lack at, on-site parking and traffic impacts during peak periods. In instances where '.there is inadequate on-site parking, swale areas, adjacent properties and adjacent streets are utilized for parking purposes. In addition to the above, an analysis was conducted to determine the number of child care centers and institutional/community facilities in the vicinity of the proposed church. One block north of the subject property is Stepping Stone J child care center (fka Kenland Academy) with a capacity of 57 children and one block southwest of the property is Pullum's Playschool with a capacity of 34 children. Also located within 1,000 feet of the subject property are the Delray Beach Municipal Cemetery, Pine Grove Elementary School, and the City's Public Works Complex and Water Treatment Plant. The child care centers have peak traffic periods during the week, while the peak traffic periods for churches are primarily during the weekends. While schools, day care centers, churches, and cemeteries in and of themselves are appropriate in residential neighborhoods, the sheer number and variety of these nonresidential uses in this area are having a destabilizing impact. These uses are magnets attracting people from outside the area into the neighborhood, creating an abundance of through traffic. ~ Much of the traffic stays on the main through streets such as S.W. 4th and S.W. 8th Avenues, and S. W. 4th Street. Many of the churches, however, are located on the side streets, drawing traffic into the heart of the neighborhood, Residents P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Oelray Beach - Conditional Use Approval Page 8 of this area have complained about congestion, and are concerned that the streets are becoming unsafe for children. The proposed church is seeking to locate at an intersection of two local streets, off of the main travelways. COMPLIANCE WITH lAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with the land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Technical Items" were identified. These items have transmitted to the applicant and will need to be addressed with the full site plan submittal. 1. The existing right-of-way width for both S.W. 6th and 7th Avenues is 50 feet. Pursuant to Section 5.3.1 (0)(2), the right-of-way width for these streets is required to be 60 feet. Therefore, a 5 ft. dedication of right-of-way is required, However, this requirement may be waived provided the waiver is supported by the City Engineer. The City Engineer has reviewed this right- of-way section for the above referenced streets and has determined that 50 of right-of-way is sufficient for this roadway section. Thus, if approved, it is appropriate to w~ive the requirement to dedicate 5 feet of right-of-way. ... ; 2. Pursuant to LDR Section 5.3.1 (E)(2)(a) (Improvement Obligations), when a full local street standard is required tp carry the traffic from the project, then the project needs to provide traffic lanes in addition to the improvements of the center line of right-of-way. As the alley is being utilized by the church for access, the alley improvements are the responsibility of the church. Further, the alley must be improved to the south property line. 3. The proposed sidewalk along S.W. 6th Avenue, must be continued to the south property line. 4. Pursuant to LOR Section 4.6.9(O)(3)(e), a stacking distance of 20 feet is required along S. W. 6th Avenue and only 5 feet has been provided. The required stacking distance can be easily accommodated by providing perpendicular parking along the east side of the property. Thus, the terminal landscape islands will provide the required stacking distance. This will require some redesign of the parking lot. P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 9 5. Pursuant to LOR Section 4.6.9(D)(2)(b), the back-out parking spaces adjacent to the alley must have a minimum width of 10 feet and only 9 feet has been provided. 6. The driveway aisle west of the parking area and adjacent to the alley must be no wider than 26 feet, 39 feet has been provided. 7. The hedge along S.W. 6th Avenue must be located to the interior edge of the landscape strip [ref. LOR Section 4.6.16(H)(3)(a)]. 8. The location map should indicate the subject property at the southwest corner of S.W. 6th Avenue and S.W. 7th Street. ~:~~'.::'~~~~~:" '~~.,:~~~~~,',:~~~~~~~~:~~~~I.LI1!§l.$,Î~~lil¡.lill~..'¡{1~f.~1t~i~¡i~i1~wJmll$.:~tl The development is not within a geographical area requiring review by the DDA (Downtown Development Authority) or HPB (Historic Preservation Board). Community Redevelopment Aaency: At its meeting of September 14, 1995, the Community Redevelopment Agency reviewed the proposal and recommended denial of the conditional use request based upon the large number of non-residential uses in the area and the additional traffic imBacts associated with the proposed use. : Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate concerns raised through , the conditional use petition, and address the listed ''Technical Items". Courtesy and Neiahborhood Notices: A courtesy notice has been provided to Zerlean Williams, Rosemont Park Homeowner's Association. Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. As of September 14, 1995, the attached petition of objection from the Rosemont Park Homeowner's Association was submitted. Any additional letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. - P & Z Board Staff Report Emmanuel Evangelical Lutheran Church of Delray Beach - Conditional Use Approval Page 10 ~¡::¡'::::::::¡¡¡::¡:¡;¡i::::::i::i:¡:¡::::¡:::!:i:!::!¡ili;¡:¡:¡:¡:¡:i:::::::¡I:i:§;¡§¡¡¡:I¡¡I::§~ili¡i¡§¡::Ρ:il¡:I:;::I;NJiml:i¡i:i¡I:¡:Î;:tl::¡lt~I¡::ig¡:¡:i!::!:!:!;;Î:¡:¡!:!:::Ji::::::~1¡:::¡;¡lli;¡i¡!J:i!:;JIllift.:lli¡¡:¡¡il While the traffic from the proposed church use may not significantly impact the adjacent properties, the traffic will be adding to traffic that is already generated by the existing churches and nonresidential uses within this residential area. In 1990, a similar request to establish a church 3 blocks north of this property was denied. That property has since been developed with single family homes. If this proposal is denied, a policy statement should be created which strongly discourages the future development of vacant land in this area for new churches. ¡r~!:ii¡i:i:¡i:¡i:ii¡ili1iili1~:¡~~ltl¡:;~¡::¡!!!11~tfl11:111.¡1111¡li¡;'Ì,!:I¡Î~i¡!.I¡I!I¡li.1:¡~K1~lr~~1[tt~~111tI1.~ 1. Continue with direction and concurrence. 2. Recommend approval of the conditional use request for Emmanuel Evangelical Lutheran Church of Delray Beach based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the conditional use request for Emmanuel Evangelical Lutheran Church of Delray Beach based upon a failure to make positiv~ findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations and policies of the Comprehensive Plan. :¡~~¡i~~lii~~~i..Æi~~~::¡:¡M~i~I~:::1~1Itl~I~li'il!:II¡~:I:¡~i¡:I¡I~I¡I:~I;¡B!~l¡¡¡¡::¡¡:¡¡¡:~¡:¡:¡~:¡¡~t~~i~m~flîlit~llIKfi¡ Recommend to the City Commission denial of the Conditional Use request for Emmanuel Evangelical Lutheran Church of Delray Beach, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations and the policies of the Comprehensive Plan, that the proposed use will have an adverse impact on the surrounding residents and does not fulfill remaining land use needs. Attachments: o Radius Map o Sketch Plan o Floor Plan o Petition of Objection ( 11 Pages) Report prepared by: Jeff Costello, Senior Planner -- 1==DUIj= I T =1 =[1- ____ = - - - 1_ IIII - - T 1- - 1-- - - _- ,- - - -- I~ -1- 1- - 1- - :=)~-ln' ~ "\ EffiE ~ ITITI I _ l=nf=== 1_ _ - - ~ -- =- == - ~~~~~ " HmDLWlJ: I-- ì o;+~ 1 1_ = = = I~ ¡"", II' I- MERRITT 1--_ 1= = ¡..... I t-:;;: PARK ~ 1_ _ TT I-- - ~ ~ C " ~J 1-- 7 _ TI I I liCe. k ~ I -- y T T = -, == ; AU8URN ORQ.E NORtH ~ 1 - =t= == - ''iiiI[JDlr -. J fT == ...j ~ I} ..- _ 'd .... < """'"'-J 0 - fj ~ AUBURN 2 -;:: J ~ TRACE T I I I I I ""IIiõ: -;?r D ~ $.w, . I'$!- Æ ! ¡ .. · ffi±ffiÐ: ø ~ I AU8URN OR. 5. r.t: ~ 7tH ST. .--.-- ~/ 'Ii It; <I' /M~_ 6 ~ .... . so, . II I5.W. 7tH ST. 4 ;= ~II 5,8, 71M ST, ~ II" 8 9 I---- ~'I CARVER ESTATeS ~ A ,I - ~ J! . I J I!! 1 I-- .; uI 1 fie 1 I-- J! 5.W, 71If CT. 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I J I SURROUNDING NON-RESIDENTIAL USES N WITHIN 1.000 FEET WITHIN 2,000 FEET OF THE SUBJECT PROPERTY OF THE SUBJECT PROPERTY - 1. - BETHEL EVANGELICAL CHURCH 6, - CALVARY BIBLE MISSION BAPTIST CHURCH 2. - HATlAN CATHOLIC CHURCH 7, - FULL GOSPEL ASSEMBLY CHURCH (IN PROCESS) J. - HOLY GHOST HEADQUARTERS 8, - EVANGELICAL REACHOUT CHURCH OF CHRIST 4. - MT. MORIAH A,M.E. CHURCH 9. - CHIRST MISSIONARY BAPTIST CHURCH 5 - NATIONAL CHURCH OF COD 1 Q. - CHURCH OF COD OF PROPHECY PLANNING DEPARTMENT A. ~- DELRAY BEACH CEMETERY 11 ~- CHURCH OF THE LIVING GOD CITY DF DELRAV BEACH. FL B. - WATER TREATMENT PLANT C - PINE GROVE ELEMENTARY SCHOOL D. - PUBLIC WORKS COMPLEX - - DIGITAL BASE MAP SYSr£M -- - ,L:aa">lJ.'O; -ttl-"'''''3S '-""5 J '::' - t \ -~ ,0 14 ,OQ .0 I -v.. a.. '?¡:<t; ) , ~ O(,¡.". ~ F.;J'a .1 \I~~ I I !f. I I I I I - , '. It I ... -~ ... I - ~ ..¡. ... I ..... w' ,c ~ I ,-.1- . I ill, ::¡ -'" § KÌ - -~'7:)..,.;''''''M':1''''''",,"'..;--U'I ~ I - :I: I 0 l- I :l ')( iJ iii ~ '. ~ ;i. () .¡, I, .... )- ":; 1/ '" J .. J .,. <t.." ~ II 0> t;< jL '>- 50] ~'" ~ I .' ~ I -~t;. : \I III "L I > -""î -3 - - .... i- I/ ol .. .. I I IS I 1. I ,"" ,19 - ,<õt- -& J. .!. ." ,75 "- \L t}- -, ~j S l(erCl\ \;lA-A.) ~,--ã. i¡) -- :z i ~ tL - :r \fI ';l Z . 0 0 J « I J --1 T- uJ Q.. . \L . .~,~' o ;::¡ 0 W ...J --1 < !L u t/) ,- - - 0.1 ". ":-! Ù ~ \I.. ì[ \1\: 11- ! Q -y- I "(:Ii L -, I [ -".- - , ! -c\¡ -, ¡ !.' r I ~ 'd\! I -r ! -e\1 -I I ; --,.- ." ~ (1) AREA NEIGHBORS AND CITIZENS OF SOUTffiJEST 7 th,_ STREET C/O ZERLEAN WILLIAMS, representativE 513 SOUTHWEST 6th STREET DELRAY BEACH, FLORIDA 33444 CITY OF DELRAY PLANNING AND ZONING DEPARTMENT ATTENTION: MR. JEFF COSTELLO AND OTHER CONCERN CITY OFFICIALS WHOM EVER CONCERN: WE THE AREA NEIGHBORS AND CITIZENS OF THE PROPOSED CONDITIONAL USE SITE OF THE EMMANUEL EVANGELICAL LUTHERAN CHURCH OF DELRAY ASK THAT YOU DENY THAT REQUEST AND ANYfOTHER REQUEST OTHER THAN SINGLE FAMILY HOMES. WE ASK THAT YOU CONSIDER OUR MAP, OUR PICTURES" OUR PETITIONS, OUR SUPPORT, YOUR OBSERVATIONS AND YOUR KNOWLEDGE OF THE AREA CONCERN TO MAKE YOUR DECISION. OTHER CONCERNS OF OURS ARE AS FOLLOW: 1. WE ASK THAT YOU FIRST THINK OF WEBSTER'S MEANING OF GETTO--- (ANY SECTION OF A CITY IN WHICH MANY MEMBERS OF SOME NATIONAL OR RACIAL GROUP LIVE OR IN WHICH THEY ARE,; RESTRICTED). ,~H~N ASK YOUR SELF ,'IF THIS ISN'T WHATS HAPPENING IN OUR AREA. 2. WE FEEL AND KNOW THAT OUR AREA HAS ACCEPTED OUR BURDEN OF LOVING AND HELPING T¡IY FELLOW MAN. 3. LOOK AT ÂLL OF THE NON -SINGLE FAMILY PLACES LOCATED IN OUR AREA. 4. THE SAFTY OF OUR CHILDREN BECAUSE OF TRAFFIC, THE MANY, MANY DIFFERENT PEOPLE COMING INTO THE AREA. 5. NOTE THE THROUGH STREETS IN OUR AREA AND THE WIDENING OF 10th STREET. ( SW 4thJFROM ATLANTIC TO LINTON -SW 6th AVE. FROM ATLANTIP TO 10th STREET AND SW 8th AVE FROM ATLANTIC TO 10th) ALL HEAVY FLOW STREETS. 6. LOOK AT THE NUMBER OF CHURCHES, SCHOOLS (both public and day care) 7. LOOK AT THE OTHER FACILITIES IN THE AREA. (city yard, water plant, graveyard, park,Arburn trace, drug center). 8. THINK OF THE SHUT DOWN TIME FOR OUR NEIGHBORHOOD. (we never do seven daya a week.) 9. THINK OF THE REASON FOR HIGH CRIME .(too many people in auch a small area) 10. LOOK AT THE TRAFFIC, OTHER PEOPLE- Momeowners- Visitors congestic for such a small area. 1 1 . ^ND WE ^SK TH^T YOU IDOK ^T THE TOT^1 IMP^CT OF ^1L ITEMS r:ONCEHN ^ND Nor!' ^SK US TO M;CEP1' ^NOrrHEH. '. (2) - WE WOULD LIKE TO SAY TO THE CITY WE WELCOME SINGLE FAMILY HOLMES TO OUR NEIGHBORHOOD BY T.E.D., HAD IT AT , OR OTHER CONTRACTORS SUCH AS MR. CHAPMAN. - TO THE EMMANUEL EVANGELICAL CHURCH WE SAY AS A SOLUTION PLEASE LOOK AT THESE OTHER AREAS AN MAYBE ONE OF THEM CAN HELP. a. the area between 1-95 and Wallace blvd between 10th st. and Linton. b. the SW side of Federal Highway to Swinton between 10th Street and Atlantic. c. South of 10th Street to Linton between Dixie Highway to Wallace Blvd. d. East of 4th Ave. to Swinton between 10th street and 4th Street. - - - AND AT LAST WE WOULD LIKE TO SAY IN AN EFFORT TO MAKE A DIFFERENT WE ASK THAT THE ALL AMERICAN CITY AND ITS OFFICIALS THINK OF THE IMPACT, THE NUMBER OF PEOPLE, TRAFFIC, THE CONGESTION AND~THE' S~FTY OF OUR CHILDREN AND FAMILY NOT TO GHETTOIZE US LET US AS A SMALL PART OF THE,CITY HELP TO MAKE A DIFFERENT IN A POSITIVE WAY. ; . .~ ,. .". . . . ATTACHED: petition J map picture5 ~ümmary J ,~ ~~ ~ 1>r;'L' 1'1' lUN , --- REQUEST FOR CITY OF DELRAY ZONING BOARD TO DENY ". APPROVAL OF CONDITIONAL USE OF EMMANUEL EVANGELICAL . WTIffiRAN CHURI;H OF DELRAY NAMF. AND ADDRRS DELRHA~CH. , C . t-tO'[ ~ Á..v- 9- JJ. r-'~ FLA. DELRAY BCH. FLA. DELRAY BCH. FJ,A V' " DF.LRAY BCH. FLA. DEIoRAY BCH. FLA. ""-..~..~_.-._,-,..,. .. _.:~~·.·.·.·-I":~·.·· .':" .......:-.-.0- DELRAY BCH. FLA. ' DELRAY BEACH FLA. DE!.RAY HCH. FLA. DELRAY BEACH' FLA. . ; DEL RAY BEACH , . FLA. DELRAY BEACH FLA. DELRAY BEACH FLA. I DELRAY BEACH " FLA. DE~AY BEACH FLA. DELRAY BEACH FLA --- DELRAY BCH. FLA. DELRAY BEAC! FLA. DELRAY BEAC] FLA. DELRAY BEAC FLA. DELRAY BEAC FLA. DELRAY BEAC , -~ - . , n:'['l'l' lUl~ -" ........-, REQUEST FOR ~ITY OF DELRAY ZONING BOARD TO DENY :- APPROVAL OF CONDITIONAL USE OF EMMANUEl, EVANGELICAL LUTHERAN CHUnr.H OF DELRAY NAME AND DELRHA~CH. Dl'..LRAI BCH. e, FLA. çd-~- DELRAY BCH. ~A. .s~ s- f::> Cv/(:J DELRAY BCH. t ~FLA~ tr--I} " ~ ^-/t~ W~ ~ UF-LRAY BCR. r~<' FLA. - ~~ DEI.RAY BCH. FLA. 3« DELRAY BCH. 0:\- ,,' FLA. , \, ,/ ~ DELRAY BCH. FLA. DELRA Y BCH. ) FLA. DELRAY BCH. FLA. UELRAY BEACH FLA. DEI-RAY BCH. FLA. DELRAY BEAGH, FLA. ; . DELRAY BEACH . FLA .. DELRAY BEACH FLA. ¡o- & ~~A~...BÉACH . . }J ~ DELRAY BEAcH , FLA. . ..' )}1J DELRAY BEACH FLA. DELRAY BEACH FLA ..'- ..--~ .... DEI-RAY BCH. , FLA. DELRAY BEACI FLA. 025uJ5 DELRAY BEAC) £ FLA. DELRAY BEAC FLA. DELRAY BEAC FLA. I DELRAY BEAC OT . \ ø';' . . n;'í' iT iUl~ . 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'... t:I::I~ fT1 ~ ~~o~ OÅ~O ~ ~O~>~ONWNONN N W ~o~ ï ~ ~~Å~ ~o~o ~ Å“wÅ“~~~o~~~~~ ~ ~ .~. ~~ :x m ... I . , f 'it . -, f!;*.*'=C* \¡1~Öt.· ~ _,¡¡, _ C _'3~~U1 .~ ;:Å’!i) ~ 0 ::; - . ¡: -< 3: » 3 ä; Q; » tr3 <£! · ~ 11) -2~~ \0. · -, · í!i . · . · ...<"> -L- ~ ' '-.r\. . . · . . " " ~ . . . · oC:' ("' . . - -. . · --' ~ ~ - !-" 1-" -l> :! ()O·O t'..1 (l - "- ")-..JúJ - e ;---1 ~i! -J "- , ~. úJ ~~ f->' - ~. ~ ;,j :t. ".1 .... ~ J-> " ro t~ ~ \. - "- \) ., ~ tS> - "- " c:» -!:> V- ..3>~ ... -L. ~ ~ '. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ttJ11. SUBJECT: AGENDA ITEM # q,l3. - MEETING OF OCTOBER 10 , 1995 CONDITIONAL USE REQUEST/OSTERMANN SAUSAGE COMPANY DATE: OCTOBER 6, 1995 This is before the Commission to consider a request for Conditional Use approval to allow the establishment of a food processing facility (Ostermann Sausage Company) on a parcel of land zoned CBD-RC (Central Business District-Railroad Corridor). The property is located at the southeast corner of S. E. 1st Avenue and S.E. 3rd Street, adjacent to the F.E.C. Railroad (former bowling alley), and contains 1.54 acres. The development proposal includes the conversion of 11,970 square feet (front portion) of the building for food processing, and the balance of 5,500 square feet to dry storage and for future expansion. The development will require demolition of a single family dwelling at the northwest corner of the site. Parking and landscaping improvements with loading areas are to be provided at the southwest and northeast corners of the building, and for installation of refuse storage areas. The facility will operate under the supervision of an on-site U.S.D.A. inspector. It is projected that one semi truck per week will be needed to supply the plant's weekly production. Odors generated by the operation will be contained within the facility, and waste will be stored within a cooler until trash pick-up. At its meeting of September 18, 1995, the Planning and Zoning Board, after lengthy testimony both supporting and opposing the request, voted 5 to 1 to recommend that the Conditional Use request be approved subject to conditions outlined in the attached materials. Recommend approval of the Conditional Use request to establish a food processing facility, the Ostermann Sausage Company, subject to the findings and conditions as recommended by the Planning and Zoning Board. t¡ tõ- / (/Ît1. ¡¡ræd~ ~) , of< ?M CITY COMMISSION DOCUMENTATION TO: DAV-1D T. ~ARD~ANAGER THRU: D'AbuE ,DIR~ 0 DEPART E T F PLANNIN AND ZONING FROM: ~ Y A. COSTEllO R PLANNER SUBJECT: MEETING OF OCTOBER 10, 1995 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH FOOD PROCESSING (OSTERMANN SAUSAGE COMPANY). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Conditional Use request to establish a food processing facility (Ostermann Sausage Company) on a parcel of land zoned CBD-RC (Central Business District - Railroad Corridor). The subject property is located at the southeast corner of S.E. 1st Avenue and S.E. 3rd Street, adjacent to the F.E.C. Railroad, and contains 1.54 acres. BACKGROUND: Ostermann Sausage Company, Inc. is seeking to establish a "food processing facility" on the property formerly occupied by Delray Bowl. The development proposal includes the conversion of 11,970 sq.ft. (front portion) of the existing 17,470 sq.ft. building to a food processing facility with the balance (5,500 sq.ft.) to be utilized for dry storage and future expansion area; demolition of a single family dwelling at the northwest corner of the site; parking and landscaping improvements with loading areas to be provided at the southwest and northeast corners of the building; and, installation of refuse storage areas. City Commission Documentation Meeting of October 10, 1995 Ostermann Sausage Company - Conditional Use Request Page 2 The facility will employ 15-20 people and will operate under the supervision of an on site U.S.D.A inspector. Meat products for processing would be delivered to the site weekly. It is projected that 1 semi truck a week would be needed to supply the plant's weekly production needs. An analysis of the request and a detailed narrative describing the operation is found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of September 18, 1995, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was a video presentation of the existing operation in Denver, Colorado. The applicant stated that odors generated by the operation are contained within the facility and that the waste is primarily recyclable materials which are stored within a cooler until the time of trash pick-up. Public testimony was provided both supporting and opposing the conditional use request. The objections were made by surrounding property owners stating that the proposed use would decrease property values, generate odors and noise, and attract rodents. Supporters noted that the proposal would upgrade a blighted property and provide employment oppo rtu n ities. After lengthy discussion, the Board voted 5-1 (Schmidt dissenting) to recommend that the Conditional Use request be approved subject to the following conditions: A Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations and to address the "Technical Items" listed in the Staff Report.. B. That this operation be limited to Monday - Saturday, 6:00 AM. - 5:00 P.M. C. That the loading area be located at the northeast corner of the site and access taken from S.E. 2nd Avenue West. D. That the water main along S.E. 1st Avenue be upgraded and that fire hydrants be installed accordingly. E. That either a monitoring well be installed or documentation provided from DEP stating that a well is not required. F. That the deliveries and shipments be limited to the hours of 8:00 AM. - 4:00 P.M. City Commission Documentation Meeting of October 10, 1995 Ostermann Sausage Company - Conditional Use Request Page 3 RECOMMENDED ACTION: By motion, approve the Conditional Use request to establish a food processing facility (Ostermann Sausage Company) subject to the findings and conditions as recommended by the Planning and Zoning Board. Attachment: o P & Z Board Staff Report and Documentation of September 18, 1995 ·, PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 18, 1995 AGENDA ITEM: V.A. ITEM: Conditional use approval for the establishment of a food' processing facility (Ostermann Sausage Company), located at the southeast corner of SE 1st Avenue and SE 3rd Street. f- .. - -I - .'! - = z~_ =1 ~ = - - Ii - =-trr= - - 00{ JO r- - I I z _ ,--- - s.w. .3RO I II \I \I - ,-- j5 Ji ¡-, .. - IÆRRlTT - i- - - PARK - i- - ¡- - i- - ~ - c.I I - .,¡ - 11= II II - I w. 4TH T - E 4TH ST._ rr ~ ~I J I I - ITIIIIJ ê = I ~ - ~ - I J ;! ~ll I ITIIIIJ = .II: - - GENERAL DATA: ; . , Owner.................................;...... Sankas Associates, Inc. Agent.... ........ .................. ..... ...... William Fairman Fairman & Associates Contract Purchaser................... Rudy Ostermann Ostermann Sausage Company, Inc. Location..................................... Southeast corner of SE 1st Avenue and SE 3rd Street. Property Size............................. 1.54 Acres Future Land Use Map................ Redevelopment Area #5 Current Zoning.......................... CBD-RC (Central Business District - Railroad Corridor) Adjacent Zoning...............North: CBD-RC and RM (Medium Density Residential) East: CBD-RC South: CBD-RC West: RM Existing Land Use.................... Vacant commercial structure (former bowling alley). Proposed Land Use................... Establishment of a food processing facility (Ostermann Sausage Company) with associated parking and landscape upgrades. Water Service............................ Existing on site, however, the proposal requires upgrading the existing 2" main along S.E. 1 st Ave. to an 8" main along with the installation of fire hydrants, Sewer Service............,.............. Existing on site, V,A .. li:::::i!::!::!::::iii!ii!ii::iiiiii::!:::i!!::iii!ii:iii:i::i::i:::i::::ii:ii~:¡iii:ii:iii:ii:i:~ii::ii:¡i:::i:ii:::::ii:i::iì:!!Î::!ê.::iiY!::i::::ii:giiii:i:il:::I::!ìI::igi::i::i:i:j;:i:Î::ii§:::::i,:i:ì!i:I::Î':iÎi::,g:,::::::::::::i!:::ii::!:::i::::::i::::::i:::i::i:i::i::i::::ii::!iii!i:::::::::::::::::::::!:i:i:i:::::i:::I:::::::::::::il:ii::1 The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request and attendant sketch plan to establish a food processing facility (Ostermann Sausage Company), pursuant to Section 2.4.5(E). The subject property is located at the southeast corner of S. E. 1 st Avenue and S.E. 3rd Street, adjacent to the F.E.C. railroad. The subject property consists of Lots 1-9, Block 80, Town of Delray, and contains 1.54 acres. The property is developed with an existing building and asphalt parking areas as well as a single family home at the northwest corner of the property. The existing building was designed by John Volk and constructed in 1958-59 as a bowling alley (fka Delray Bowl) which operated for approximately 29 years before closing in 1988. Since that time the property has remained vacant. The existing wood frame house was constructed in 1947 and is currently occupied. It should be noted that the south 100 feet (Lots 10 and 11) of the original/existing parking area is currently under separate ownership and is not part of this petition. With the Citywide rezoning and adoption of the Land Development Regulations in October, 1990, the property was rezoned from SC (Specialized Commercial) to GC (General Commercial). i On October 20, 199.? the City Commission denied the request to establish a multi- purpose entertainmenUrecreational facility (Heritage Teen Club). The denial was based upon the inadequacy of parking associated with thè facility and the hours of operation extending into the late evening hours with large crowds of people, which would have a detrimental effect upon the neighborhood as well as hinder potential J residential development or redevelopment in the area. On May 16, 1995, the City Commission approved on second reading an ordinance (Ordinance No. 22-95) creating the CBD-RC (Central Business District - Railroad Corridor) zoning district, and thus, amending the LDRs. The zoning district was created pursuant to Land Use Element Policy A-5.14 of the Comprehensive Plan to facilitate the establishment of industrial and commerce areas as envisioned in the "Village Center" scenario. The zoning district was to be applied to those areas in the downtown which have been traditionally developed for light industrial uses Subsequently, at it meeting of June 20, 1995, the City Commission approved rezonings to CBD-RC for various properties along the F.E.C. railroad corridor (Ordinance No. 32- 95), which included the subject property. - On August 4, 1995, a request (application) for Conditional Use approval was submitted to establish a "food processing facility" (Ostermann Sausage Company) on this site, and is now before the Board for action, .. Planning and Zoning Board Staff Report Conditional Use Approval - Food Processing Facility (Ostermann Sausage Company) Page 2 I:::¡:¡::~¡~¡::::¡:¡:~:¡:~:::¡:::~¡:::::::::¡::¡:¡::~::::~~:::~¡~:::::;¡¡:::¡:::::::::¡:¡¡¡:::¡:::¡:::::¡¡¡:¡::::::¡:::::::~::::::¡:::::¡:[I:¡!¡S:il¡::I::¡~§:::1:::m¡¡::~~::g:::;::I:::I¡:I¡:J:¡~Î:::rn::;J~:~I::::Ð::¡:¡:::::::::::~:::~:~¡:¡:::¡::::::::::¡::¡:::::¡¡¡:::::::::::::::::::::¡¡::::¡::!::::~:¡:::::¡::¡::::¡:~::¡¡::~:¡¡:~¡¡~~¡~ The development proposal is to establish a "food processing facility" to be known as Ostermann Sausage Company, Inc. which includes the following: o Demolition of a single family structure at the northwest corner of the site; o Converting 11,970 sq.ft. (front portion) of the existing 17,470 sq.ft. building to a food processing facility with the balance (5,500 sq.ft.) to be utilized for dry storage and future expansion area; o Parking and landscaping improvements with loading areas to be provided at the southwest and northeast corners of the building; and, 0 Installation of refuse storage areas. It is noted that the south 100 feet (Lots 10 and 11) of the original/existing parking area is currently under separate ownership and is not part of this petition. Ostermann Sausage Company currently operates a similar facility in Denver, Colorado and wishes to establish another facility at the proposed location. The applicant has submitted the following narrative which describes the operation: "The facility will operate under the supervision of an on site U.S,D.A. inspector. Ostermann will employ; 15 - 20 people, from the local area. The intent is to recruit employees byadvert(6ihg through the local newspaper. Also, walk-in applications wíl/ be accepted. The hours of operation, pending U.S.D.A. approval, would be Monday- Friday, 6:00 A.M. - 2:30 P.M. The shipping/receiving department will be open 6:00 A.M. - 2:00 P. M. to receive deliveries and facilitate shipment releases. Meat products for processing would be trucked to the site weekly. It is projected that 1 semi truck a week would be needed to supply the plant's weekly production needs. The meat product arrives in 60 pound containers in fresh or frozen state. Upon arrival at the site it is held in a special area cooled to proper temperature. To begin the production process, the meat is removed from the containers, ground, blended with spices and stuffed into collagen casings. The product is then cooked in the casing in hot water cooking vats to a temperature of 165 degrees. It is then removed and immediately placed in chilled water vats for cooling. When the product is sufficiently cooled it is packed in containers and frozen. The frozen packaged product is then ready for shipment. It is assumed that the finished product will require 1 truck per week for shipment. ." In addition to the sausage assembly process, Ostermann will receive vacuum pouched fresh meat along with its weekly shipment that it wi// slice and repackage to be shipped with its sausage products. .. Planning and Zoning Board Staff Report Conditional Use Approval - Food Processing Facility (Ostermann Sausage Company) Page 3 It should be noted that this is a clean, odor free operation (See statement from U. S.D.A. plant inspector that currently inspects that Ostermann plant in Denver, Colorado) that produces a high quality product to a growing industry in South Florida. There is no waste product generated at this plant as all containers that are, received are bundled for recycling. Further, it should be noted that the two trucks per week to deliver and pick-up from this plant will be routed through S.E. 4th Street to reduce the impact on the residential neighborhood across the street from the site." ~~llti~~tJ.II~lfAl¡tlì1.11It.I~Jj~1J.11:1..'\..rl~ti~111~1¡1¡t~1~1i.~~1~J~j~~1~t.i1~i111It.l.~~%;~~~i.~ CHAPTER 3 (REQUIRED FINDINGS): (Peñormance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) 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 body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE lAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future land Use Map designation of Redevelopment Area #5 and is zoned CBDi;RC (Central Business District - Railroad Corridor). With the rezoning of this propèrty from GC (General Commercial) to CBO-RC positive findings were made with respect to consistency with the Future land Use Map. Within the CBO-RC zoning district, a "food processing facility" is allowed as a conditional use [ref. LDR Section 4.4.28(0)(3)]. Based upon the above positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: To date no water and sewer plans have been submitted, however, the following is noted: 0 Water service exists to the site via an existing 2" water main located within S.-E. 1 st Avenue. The 2" main extends from a 6" main running east and west within S.E. 4th Street. The proposed use represents a change in the building's occupancy classification and will require the installation of a complete automatic fire sprinkler system. This type of fire protection cannot be provided from a 2" water line, therefore, a system upgrade is required. This upgrade requires the Planning and Zoning Board Staff Report Conditional Use Approval - Food Processing Facility (Ostennann Sausage Company) Page 4 installation of an 8" main from the connection at S. E. 4th Street, along S. E. 1 st Avenue to S. E. 3rd Street, and looped westward to connect to the main on Swinton Avenue. Along this main, two fire hydrants should be installed: one at the corner of S. E. 1 st Avenue and S. E. 3rd Street, and one at a point mid-block along S.E. 1 st Avenue. A determination as to cost sharing or other obligations of the applicant has not yet been made. CJ Sewer service exists via a service lateral connection to an existing 6" sanitary sewer main within S. E. 1 st Avenue. No sewer main extensions or upgrades will be required of this development. Drainaae: Paving and drainage plans are not required for the conditional use analysis. Drainage is accommodated on site via an existing exfiltration system. The site currently contains no pervious areas. The development proposal calls for elimination of paved area and installation of landscaping both on site and within the S.E. 1 st Avenue right-of-way thereby, improving the drainage situation. Thus, positive findings with respect to this level of service standard can be made. If the conditional use request is approved, a paving and drainage plan must be provided with submittal of the site plan. Streets and Traffic: A traffic impact study was submitted indicating that the proposed use will generate 122 average daily trips ontp the surrounding roadway network. The traffic impact study complies with the P.altn Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: The proposal calls for a 11,970 sq.ft. light industrial facility with a future expansion area of 5,500 sq. ft. for a total of 17,470 sq.ft. Trash generated each year by the proposed 17,470 sq.ft. facility would be 4.7 pounds per 1,000 sq. ft. or 41 tons per year. The trash generated by this proposal 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 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. . Planning and Zoning Board Staff Report Conditional Use Approval - Food Processing Facility (Ostermann Sausage Company) Page 5 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Land Use Element Redevelopment Areas - The Redevelopment Area designation is applied to those areas which have been identified in the land Use Element as being in need of redevelopment. Development shall occur pursuant to a specific "redevelopment plan" which is to be prepared pursuant to Objective C-2 of the Land Use Element. If a development proposal is presented to the City prior to the creation and adoption of a redevelopment plan, that proposal shall be handled in one of the following ways: o the application shall be placed on hold for not more than six (6) months while the redevelopment plan is prepared; I:J the application shall be processed on a case by case basis with the existing zoning map, the land Use Element, and the Housing element providing the Local Planning Agency with the policy guidance needed to properly dispose of the application. The description of the Osceola Park Redevelopment Area (#5) in the Comprehensive Plan is as follows: Land Use Element Policy C-2.9 - The Osceola Park Redevelopment Area (Redevelopment Area #5) is bounded by S.E. 2nd Street, Federal Highway (S.E. 5th Avenue), S.E. 5th ~treet, and Swinton Avenue. This area which has industrial uses with inadequate parking to the west, commercial uses on the east, and a mixed residential area which has turned mainly into renter occupied units is also encompassed by wellfield protection zones. The primary focus of this redevelopment plan shall be to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The proposal involves substantial upgrades to a blighted property which has been vacant and not maintained for many years. The proposal addresses the primary focus of the redevelopment statement which calls for arresting deterioration, the provision of adequate parking and loading areas and well as landscape upgrades. As the proposal is consistent with the existing description in the Comprehensive Plan, it is appropriate to consider the proposal on its own merits, as permitted in the "case by case" option under the policies for Redevelopment Areas in the Comprehensive Plan. Under the Planning Department Work Program, the Osceola Park Redevelopment Plan is scheduled to be completed in the late 1996. As an alternative, the Board cOl;jld postpone action on this item and accelerate the schedule for the redevelopment plan. This would require reprioritizing redevelopment plans and thus, shift the North Federal Highway Redevelopment Plan to late 1996, Planning and Zoning Board Staff Report Conditional Use Approval - Food Processing Facility (Ostermann Sausage Company) Page 6 Conservation Policy A-1.1: The practice of monitoring groundwater conditions through installation of monitoring wells shall be continued. In addition, monitoring wells are to be installed for non-residential land uses which locate within zone 3 around the series 20 and eastern wellfields. Provisions shall be made for data from these private monitoring wells to be used in the City's on- going monitoring efforts. Pursuant to the Wellfield Zone Protection Map, the subject property is located within the zone #3. The County Wellfield Protection Ordinance, administered by the Department of Environmental Protection (DEP), determines whether or not monitoring wells are required for any property. An affidavit of notification is required to be transmitted to DEP which identifies the materials that are stored on the site or utilized in the processing aspect of the facility. The applicant has notified DEP of this proposal. Installation of a monitoring well or written confirmation from DEP that a well is not required has been attached as a condition of approval for this project. This policy also addresses LDR Section 3. 3.4(A) , which requires assurance that provisions of the County Wellfield Protection Ordinance shall be complied with. 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 ~ignificantly detrimental effect upon the stability of the neighb9rÍ100d 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 CBD-RC zone district to the south and east; RM (Medium Density Residential) to the west; and, CBD-RC and RM to the north. The existing land uses to the south and east are vacant land and industrial uses; single family homes and duplexes to the west; and, vacant land and industrial uses to the north. Goal Area A (Housing Element) of the Comprehensive Plan calls for stabilization and revitalization of declining neighborhoods. Pursuant to the Housing Element, the area to the west has been designated as "Revitalization and Rehabilitation". The development proposal calls for the upgrading of an existing blighted property to current development standards i.e. landscaping, parking and loading areas. This upgrade will be a significant enhancement to the area and may provide some stabilization within this area and be an inducement for upgrading adjacent properties. The adjacent residents have raised concerns which relate to potential odors generated by the trash associated with the use as well as the intrusion of rodents. As described under "Project Description" of this report, there is a U.S,D,A. inspector located at this facility who monitors all aspects of the operation, thus ensuring that this is a clean Planning and Zoning Board Staff Report Conditional Use Approval - Food Processing Facility (Ostermann Sausage Company) Page 7 operation. The waste products (i.e. containers and packages), including recyclables are stored within the structure until trash pick-up days, when the materials are deposited in the trash. Trash generated by employees and the office function will are deposited on a daily basis which is typical of all uses. As a result, the odors generated should be minimal and consistent with any normal commercial or industrial use. Under the existing zoning there are a number of permitted uses which would be much more impacting on the residential neighborhood with respect to traffic, odors, hours of operation and noise, such as restaurant, night club, supermarket, general retail store. convenience store. and theaters. Thus, while the concerns that have been expressed are legitimate, it appears that impacts of this use will not be a detriment to the neighborhood and much less impacting than the uses that are currently permitted on the property. Based on the information provided, tractor-trailer truck traffic will presently be limited to two (2) visits per week, thus minimizing impacts on the adjacent residents. It should be noted, however, that the trucks will contain refrigeration units which run constantly while deliveries are made. Therefore, the deliveries/pick-ups should take place after 8:00 a.m. In order to further mitigate impacts on the residences. the loading area should be relocated to the northeast corner of the building and access taken from S.E. 2nd Avenue West, which runs along the F.E.C. railroad. The applicant has agreed to relocate the loading area, however, does not wish to be limited to two trucks per week if business requires more shipping and deliveries. With the loading areas at the furthest point from the residences and access taken from the industrial street, it seems reasonable not to impo~e a restriction. : It should be noted that in addition to the upgrading of the property, another potential positive impact on the neighborhood could be the employment of some of the area residents. The applicants have stated that they intend to hire people from the neighborhood to work at the facility, however, details of this program have not been provided. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Technical Items" were identified. These items have been transmitted to the applicant and will need to be addressed with the full site plan submittal. 1. Location of the dumpster for recyclable materials must be indicated on the plans. 2, Pursuant to LOR Section 5.3,1 (0)(2), the required right-of-way width of S.E, 1 st Avenue and S.E. 3rd Street is 60 feet. The existing right-of-way widths are 40 feet along 1 st Avenue and 50 feet along 3rd Street. Thus, this property is Planning and Zoning Board Staff Report Conditional Use Approval- Food Processing Facility (Ostermann Sausage Company) Page 8 required to dedicate 10 teet ot right-ot-way along 1 st Avenue and 5 teet along 3rd Street. However, the City Engineer has determined that the existing right-ot- way widths area acceptable and that a waiver would be supported, Therefore, a waiver request must be provided. 3. Pursuant to LOR Section 6.1.3(B»(1), a 5 toot wide sidewalk is required along S.E. 1 st Avenue and S.E. 2nd Street. It a sidewalk is provided it would require the installation of a curb and gutter. 4. Pursuant to Section 4.6.16(E)(3), all landscape areas must be provided with curbing. At the north east corner of the site, curbing has not been provided on the east side of the proposed loading bay/access drive. Also, curbing has not been provided in the south parking area on the east side of the truck maneuvering area and at the north end on the dead-end parking bay. 5. Mid-level landscaping should be provided along both the east and west sides of the building. 6. The proposed driveway cut onto S.E. 3rd Street will require relocation of an existing power pole. This must be coordinated with FPl. 7. An easement must be provided for the existing City water well at the northeast corner of the site. 8. As the property incorporates 9 platted lots with improvements across lots lines, a recorded Unity of Title must be provided or a boundary plat processed. 9. Site lighting in compliance with LOR Section 4.6.8 must be provided 10. Pursuant to Florida Handicapped Accessibility Requirements, a parking lot containing 60 parking spaces must provide 3 handicap parking spaces. Only 2 spaces have been provided, The development proposal is not within a geographical area requiring review by the DOA (Downtown Development Authority) or the HPB (Historic Preservation Board). Community Redevelopment Agency: At its meeting of September 14, 1995, the Community Redevelopment Agency reviewed the proposal and recommended approval of the conditional use request. " Planning and Zoning Board Staff Report Conditional Use Approval - Food Processing Facility (Ostermann Sausage Company) Page 9 Chamber of Commerce: At its meeting of September 14, 1995, the Chamber of Commerce reviewed the proposal and recommended approval of the conditional use request. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate concerns raised through the conditional use petition, and address the listed "Technical Items". Special Courtesy and Neiqhborhood Notices: Courtesy notices were provided to the following homeowner's associations and civic organization: 0 Osceola Park Homeowner's Association 0 Old School Square Homeowner's Association 0 Oelray Beach Chamber of Commerce Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. As of September 12, 1995, the attached petition of objection with 16 signatures and a letter of support were submitted. Any additional letters, if any, will be presented at the Plannipg and Zoning Board meeting. . The petition requests~that the City Commissioners acquire the property and convert the site into a passive park. It should be noted that 3 blocks west of the property is Merritt Park and 4 blocks south is Currie Commons Park, which provide adequate park facilities in this area. Further the costs associated with purchasing the property, demolishing the building, construction of a park, park maintenance and elimination of tax revenue would be financially impacting on the City and its residents, The proposed use is consistent with the policies of the Comprehensive Plan as well as Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to LOR Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations as the concerns of adjacent residents which relate to odors and rodents have been addressed with the preventive measures that are taken as part of the normal facility operations. However, truck deliveries should occur after 8:00 a.m. to minimize impacts of the truck noise on the residents during the early morning hours. The 'Technical Items" listed in the report will be addressed during the site plán modification process. This proposal will provide substantial upgrades to a blighted property and should be an enhancement to the area. With this development, upgrading of the water main and installation of fire hydrants will be necessary. ,,' Planning and Zoning Board Staff Report Conditional Use Approval - Food Processing Facility (Ostermann Sausage Company) Page 10 1:::::::::::::::]:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;::::::::::::::::::::::::;::::::::::::::::I::::I::::I:::e::!ø;:::fi:::I:::I:::Î:::I::::§:::::::¡:η::§:::,I:::~,.::g::!Ñ::::~::::::::::::::::¡:::::::::::::::::::::::::::::::::::~:::::~::¡::::::¡::::::¡:::::::::::::::::::::::::::::::¡::¡:::::::::::::::::::,.::, 1. Continue with direction and concurrence. 2. Recommend approval of the conditional use request for Ostermann Sausage Company based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the conditional use request for Ostermann Sausage Company based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, with the basis stated. :¡¡~:¡:i:i~:f.j::~::¡:~~~¡:¡iì~~m~~i~ti.~t.~Wjlill!ll.lilt1i.1::~I:~§II:¡¡::::::I::I¡JI::I¡I:iliBl:¡¡~¡:~¡~f.®.l~l~l'J~*~rI*i.il~~fl* Recommend to the City Commission approval of the Conditional Use request to establish a food processing facility (Ostermann Sausage Company) based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: A Submission of. a full site' plan application to be processed pursuant to Section 2.4.3 of the 1.and Development Regulations and to address the attached "Technical Items". B. That this operation be limited to Monday - Friday, 6:00 AM. - 2:30 P.M. C. That the loading area be located at the northeast corner of the site and access taken from S.E. 2nd Avenue West. D. That the water main along S.E. 1 st Avenue be upgraded and that fire hydrants be installed accordingly. E. That either a monitoring well be installed or documentation provided from DEP stating that a well is not required. Attachments: 0 Sketch/Floor Plan 0 Letter from U.S.D.A inspector 0 Petition of opposition (2 pages) 0 Letter of support from Mr. 0.0. Priest, Jr. Report prepared by: Jeff Costello. Senior Planner ., ,., .I "/.._- J / -r- .. " a S.EJ'rd STREET - " . " ','I": . --_.- .".- . . .".. "." . ,·-l~ , , : .' : t : ~ , , ,-, -'.' .-....-- ... ~., _0, ---- 1 ; N I . - Z '0 ¡¡; z f ".::i I W a: ~ iZ w :> z w ~ ---. - :! W ·00 I I I S~EíC.H j;wvf?-. G?A-.J 'J -. AM. ( ( Á Oster1nann Sausage Co.) 11'1,c. 5135 PEORIA STREET, DENVER, COLORADO 80239 {303} 371-3113 ;;- Oã-te : ' MAY 25, 1995 To Whom It May Concern: -. I have been the USOAlnspector-In-Charge at the Ostermann Sausage Co, Establishment #9660, since December, 1994. During this time I have not observed any objective odors on the premises. A sanitation program is in p 1 a c,e and maintained, to include Pre-Operation Inspections by myselfor: a weekly non-scheduled basis. It is my opinion that this facility is meeting environmental standards for the industry. Under signature of ,~ ,,1J- .;< S' {l(¡ 1S-- 'Lucy !f~ Da te (t USDA ( C .' , . (" (~' PETITION TO THE CITY COMMISSION OF DELRAY BEACH, FLORIDA The undersigned, as residents, property owners or having business interests in the City of Delray Beach, hereby express our strongest possible protest and opposition to the operation of a sausage factory or a similar type business at the site of the old bowling alley building located on Southeast First Avenue between Southeast Third and Fourth Streets in Delray Beach. The undersigned are gravely concerned with the negative and value-depreciating impact such an undesirable activity would have upon the neighboring residences and bw:?inesses. The undersigned vigorously urge the City corrmission of the City of Delray Beach to acquire and convert the old bowling alley building site into a passive park, which would enhance and upgrade the area, as well as to follow the policy statements of Visions 2000 and Visions 2005. PRINTED NAME ADDRESS c:¡/¿I S C '';?{ í) (I S-í. a ¡J-.SéZ, ~ ~E f) ~f. G 2-2 <; ç U/¡ ';/L/l1Jvt./ 4u<::. --;-1..:: G. '; «',-{")l tI' y[ \ G J-t:t--1/.... ¿), o~ - 2/1i ~ t;; ..ld ~Ç;t, . ~ þ ~ --/-~Æ?) e, d 'Y-' r- P -z- ~- 6 Lf <if(!f> ¡V'OP-Á1¡)AJ[: LA(~/P'f:/V(!fJÞ. (109 SE b2/'Jo/ 4v¿; . - 3--KJ~ 'R~. o",~L .3~, s£ ;(~ s.+, _L ~'{-'r-- Ý ~w ~ ~ /--k 2. 0 / 5 £ 7 -Ft... ciJ-, \ \ ---------._---- - -- ----- -- ---- -------------------------- -._-----~--~-- ----~---------- ------- -- ----_.--._--------~_..- -------------,------- --------,._--~.--~ '-, PETI;::':--:>N TO TI-lli_CI'IT COM~HSSION .. I ~ DELRAY BEACH, JLOR1Ï)1~'---( ---__4 The undersigned, as residents, property O\'illers C'I' h,;~I:.n9 busine: E interests in the City of Delray Beach, hereby express our :::t:r:'J]!jest possible protest and opposition to the operation of a saUSêtqe factory or ,~' si,milar type business at the site of the old bowling alley building locate cì on Southeast First Avenue between Southeast Third and Fourt:h :::t.:::-E:ets in Delray Beach. The undersigned are gravely concerned with the ':Leqal:ive and value-depreciating itJ'IPact such an undesirable activity wou=_d ha:,re_ upon thc: neighboring residences and businesses. The tuìdersigned vi~JoJ:"()1J :Üy urge t:hc: City Corrmission of the City of Delray Beach to acquire and convi~J:t the ol,J bowling alley building site into a passive park, which would en~,:1élnGe and upgrade the aréa, as well as to follow the policy statemen1:::; of '\ìisions ,2000 and Visions 2005. NAME PRINTED NAME ADDg~ßS, .~~ /)f<J/Ji ~em«ç 35 ~~_Z ~ ~1 3903 ~ç; ~V(]' 121). .!!:c-'-(fi Þy 1?Ol)VB 2' b'õfA. u~ f/ lrA ftf A JI úJ{l!\7 II ltJ 1 AIJ!ti~ b- Ð~ ---..-.-...--..---.. - .- . fJ r;,/J-K¡;*Í £ .stli.3??,-r'RjL ~_,~~_ðd loui. ~ <S., G ¿'~"'t.l'+¡<J'''4 :2. <..( 0 S ~_.~,!L~,/~, .' - - , ~/~ø ~ SS~1rIr- ¿:J¿ð ..-..--..-....-.-----.- - ... - ..__..__._~. . -- -----~._... ---..-.. _ n ----.--..--.-....--.---..- - ~. .-.- ------. .--. -...-....-.-------. _. .. ..-.--.. ----_...... .-- .-...---..--- -.. i _.h_____.__ .__..__..__.____._ _._ -- ----.--.-.---..--...--.----... - - '-- ----.-... .---.-----.---------.-- - .. - ~.~ -.- .-..----. .-. --------..-.. .._-- ..-...-.....-----.. .... ._-_._-~_. .- -~--- ---..-. ...-. . -----.-.- - .. -~--~--------------~--~- --- ------- H_______..__ __~_ ___ _ _~ _ .... ___.. __.._.___. --- -.- .----- --~._---- ----.-----.-- - - _.. -- -- _.. . j --~----- " (- (' [~ì,!Ç{; '. . . . L""-;' ~.'+;f-c.c--.. Ll.J^v (L ' fli' Rt o. D. Priest, Jr. t.,\)G "t.O Ir'- 1609 Lake Dr. , _ _-,~ 1Ì¡:¡':\Cr. Delray Beach, Fl 33444 en'< WI~'~' Telephone 407/276-6418 August 25, 1995 Delray Beach qity Manager and City Commission 1 00 N. W,' 1 100 N. W. 1st Ave. Delray Beach Fl 33444 We recently read an article in the newspaper about the proposal to put a sausage factory in the building that formerly housed the Delary Bowling Alley. As the owner of several business and residental properties in that part of town, I would like to voice my support for locating such a plant in the area. I feel it would benefit the area and would provide much-needed jobs. Thank you for your consideration. - .' ~t(Cm:llW!E1ID Sr.? 1 \995 PLANN\NG & ZON\N9 ., " Pam Smith O'Hara 107 Seabreeze Avenue Delray Beach, FI e,l" ida 33483 407-243-'3'381 Ms. Diane Do:'minguez D i r eo: t ':'1" of Planning and Zoning Board Delray Beach City Hall 100 Northwest 1st Avenue Delray Beach, FL 33444 Dear Ms. Dc,minguez, September 1'3, 1'395 I am an eleven year resident of Del r ay Beal: h. I've watched it gCI thrc'ugh a spectacular metamorphosis since arriving here. I am appalled by the Planning and Zc.n i ng Board's approval allc.wing the Ostermann Sausage Company to open a plant in clur newly renovated downtown. Wh i 1 e I realize the site is an eyesore, the .: i ty shc.ul d ec.ns i ser the i mpal: t a meat plant would have on the neighborhood, its residents and its ec c.nc1my. A vacant lot is preferable to a meat factory. . ~1E~ffi:ll WIEJD) SEP 21 1995 PLANNING & ZONING .....-'1' 4 " .- . . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: (II1CITY MANAGER SUBJECT: AGENDA ITEM i q . C . - MEETING OF OCTOBER 10. 1995 RECONSIDERATION OF RESOLUTION NO. 55-95 ABANDONING A PORTION OF N.E. 1ST COURT DATE: OCTOBER 6, 1995 This is before the Commission to reconsider a previously approved resolution (No. 55-95) which abandons a portion of right-of-way located adjacent to the Intracoastal Waterway at the eastern end of N.E. 1st Court. The property owners located adjacent to the right-of-way (the Hanleys and the Busschers) petitioned for the abandonment in order to control access through the area. The Planning and Zoning Board considered the request on July 17, 1995, and forwarded a unanimous recommendation of denial based on it being contrary to the City's Comprehensive Plan Coastal Element Objective B-1 which calls for enhanced accessibility to the public beach areas and waterways. The Board felt this action could set a precedent for future requests and that it would be difficult to ensure access would remain available to residents of the street over time. At the August 8th City Commission meeting, Mr. Hanley presented his request and the Commission voted 4 to 0 to approve the abandonment, subject to resolution of all legal issues with the City Attorney, including, but not limited to, modification of the F.I.N.D. agreement and receipt of any necessary easements. Subsequent to this meeting, several residents of the street submitted a letter asking that the decision be reconsidered. In addition, at the September 5th regular meeting, two of the residents appeared before the Commission to request reconsideration, noting that they had not been informed of the Commission's initial consideration and were not represented at that meeting. It was the consensus of the Commission on September 5th to schedule this item for reconsideration on October 10, 1995. Recommend reconsideration of Resolution No. 55-95 abandoning a portion of N.E. 1st Court. ref:agmemo8 cfll ~ Id~ ¿¡!o/ (/lltv.¡tf/ /c¡ ~ ~) · . '. = 01( Wi CITY COMMISSION DOCUMENTATION TO: DAVID T. HARD~ MANAGER FROM: D~GUEZ. DIR~R DEPARTMENT OF PLANN AND ZONING SUBJECT: MEETING OF OCTOBER 10, 1995 RECONSIDERATION OF THE ABANDONMENT OF RIGHT-OF- WAY LOCATED AT THE EASTERN END OF N.E. 1ST COURT ACTION REQUESTED OF THE COMMISSION: The item before the City Commission is the reconsideration of a previously approved resolution (No. 55-95), abandoning a portion of right- of-way located adjacent to the Intracoastal Waterway (I CVWV) , at the eastern end of N.E. 1st Court. BACKGROUND: In May of this year, the owners of the single family homes located adjacent to the subject right-of-way (the Hanleys and the Busschers) petitioned for its abandonment. The primary reasons given for the request were to prevent persons who do not live on the street from using the area. They were especially concerned that public access requirements associated with the receipt of a FIND grant for the seawall repair would attract additional users to the area. The owners agreed to maintain access to the area for residents of the street through recorded agreements. The request was heard by the Planning and Zoning Board on July 17, 1995. Staff recommended that the request be denied, based primarily upon a failure to find that there was not a need for the use of the right-of-way for public purposes; and that the request would likely encourage similar requests for street end abandonments. The applicants spoke in favor of the abandonment and submitted a petition supporting the request, which had been signed by the owners and 27 residents of N.E. 1st Court. Three (3) residents spoke in opposition, one of whom had signed the petition but changed her mind. After some discussion, the Board recommended unanimously that the request be denied. .. - City Commission Documentation Reconsideration--Abandonment of N.E. 1st Court Page 2 The item was scheduled for the City Commission meeting of August 1 st, which was postponed to the August 8th meeting due to Hurricane Erin. The residents of the street had not been informed of the Commission meeting dates, and in fact, several of them thought the P & Z Board's decision was final. While their comments were forwarded to the City Commission in the back-up, the residents were not in attendance at the meeting to express their opposition. Mr. Hanley presented his request, and the City Commission approved the abandonment. Upon learning of the Commission's decision, several residents of the street signed a letter asking that the decision be reconsidered. It should be noted that five of those signing the reconsideration letter had also signed the original petition in favor of the abandonment, but have since changed their positions. RECOMMENDED ACTION: 0 Upon reconsideration, deny the abandonment of the right-of-way for N. E. 1 st Court. Attachments: · Letter of request for reconsideration · Location map · Survey -~-- I .. I " ...""'.----.-- . ... . - J . .-.v-.a-",Q-"'-' W...... U'.o...Þ7 rl" ...,-,-"..--.' -....-. ""'....... .,' ( (--- ) Thursday, August 24. 1995 t Tom lynCh t Honorable Meyor of Delray Beaol"l ; OearTom; This letter is directed to you and the City of Detray Beach regarding the decision which was made by the City Commission regarding the abandonment of public property at the end of NE 1 st COIJrt. Many residents of NE 1st Court were unaware that the property on the east end of NE 1st Court was abandoned to the Hanleys and the Busschers by the City Commission, after the Planning and Zoning board unanimously recommended that the abandonment be denied. Our understanding from discussions with city officials was that a denial for recommendalion by the Planning and Zoning board end Planning and Zoning Department meant that the issue was dead. The City Commission appears to have acted unilaterally and against the best Interests of the city residents In precedent setting action without proper consideration for the issues based on the following reasons: . 1) B!sldents of NE 1st Court were not notified of the abandonment of the NE 1st COUlj Qrooertv and were therefore unable to 'lOice opposition. Although there Is no formal requirement for notification of NE1stCourtresldents that the city commisSion would consider thì~ property for abandonment, the city government has not been been consistent because residents were not/fied of the P&Z board hearing on July 17th at which lime several residents spoke out against the abandonment and the approval was voted down seven to zero. The residents of NE 1st Court were not notified of the subsequent City Commission hearing and therefore were unable to voice their opposition to the abandonment. . 2) The City Commission ac::ted unilaterally in arantlna the abandonment wiPto..Yt reaard to . ., those affe~ed by it. The Defray Beach City Commission disregarded the Oelray Beach Comprehensive Plan which calls for not limiting access to residents of the Intracoastal waterway. The Commission disregarded the recommendation of the Planoing and Zoning board, Planniogand Zoning Department and many NE 1st Court residents for denial and unilaterally granted abandonment to the Hanleys and Busschers without input from city government or residents, all of whom are affected by such a decision. 3) Delra\l Beach I~ ~~ttìno a Drecedent of abandonina ciiv DroDertll denylna access to the iI1tracoastal waterway bv a1l ~ residents. The precedent promises to open the door to more petitions by local waterfront property owners to Increase thèir frontage by petitioning for abandonment and denying city residents the right to use what is taxpayers' property. To summarize, the city govemment should protect the rights of city re5idenls and has cleany chosen to disregard the wishes of the city govemment, the planning end zoning board and residents of Delray Beach. There are no extenuating circumstances which would warrant this property as any differently than any other public property in Delray Beach, The City Commission should consider this as a dangerous precedent which will affect residents' access to the intracoastal throughout Delray Beach, While I believe it was the City Commision's intention to act in best interests of the city residents and it appears that due process under existing statutes was rollowed. the ~~~.t.r.1 actions in this cas. do not ,.floc! what Is in the best Interest 0' the resl¡i~'t ~ 1!liE,ìID \;,{ ~ ~ '"' ;, \99~ ~\jG 2. ION\\'! þ,!\\\'-HNG & pL ,\'1' ., , ~ M.......... ...._ ___ _r-.t ","--,-"-,, ..--11 V.-...........oJ~I'..~~':"'."u.-a"'.&,) - .... .....~.wOLO O..;J . .. - - r (- \ I urge the city commission to review the recommendation for abandonment and get the appropriate input from Delroy Beach residents Including those who are most affected by this decision, the residents of NE 1st Court. the city government and the recommending boards before the precedent setting action of abandoning this property is finalized, Sincerely. cc: Oavid Harden Diane Domingo ~~_~_~~i~.~~~~~..m~-.~.L~" ~ ~/Vl!s¡;;;._._~)f.d"U:,:Jl::0"'ff:....:JJ.8!;'.J.:~ C" Jt:.T 1i1J!-.-.--.-.-:.---...---~Nq-~-...~..Nf.l:*.. c:r, :=:?~~:~~~~~--__..-...~--.-~:.:~1~"!::=:.¿(~~=~..~~~h-.~~~cr: __ _ .~"J4.-----__..-...~~-y§:..!?~~M...J-~~.-JdLÇ...L~ r 0"'. ~'if .'1 . J · \ . . . . -', , .,/ · ' . 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I I RESOLUTION NO. 55-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A ! i PORTION OF NORTHEAST 1ST COURT RIGHT-OF-WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND j RETAINING TO THE CITY AN EASEMENT OVER THE ENTIRE I AREA THEREOF UTILITY AND ACCESS PURPOSES. WHEREAS, the City of Delray Beach, Florida, received an ,I application for abandonment of a portion of Northeast 1st Court, lying east of N.E. 7th Avenue at the eastern end of N.E. 1st Court adjacent II to the Intracoastal Waterway; and . WHEREAS, the application for abandonment of a portion of the " " Northeast 1st Court right-of-way was processed pursuant to Section Ii I' 2.4.6(0), "Abandonment of Rights-of-Way" , of the Land Development ¡, Regulations of the City of Delray Beach; and ; I' Section 2.4.6(0) (3) (d), the !: WHEREAS, pursuant to LDR Planning and Zoning Board, as Local P1a'nning Agency, formally reviewed this item on July 17, 1995, and voted unanimously to recommend denial Iì of the request; and !, I' i; " WHEREAS, the City Commission of the City of Delray Beach, " Ii Florida, finds that its interest in the described property is no ; longer needed for the public good and deems it to be in the best Ii interest . of the City of Delray Beach to vacate and abandon said Ii right-of-way, but retaining and reserving to the City an easement over ! the entire area thereof for the purpose of public and emergency access and constructing and/or maintaining either over or under the surface I' poles, wires, pipes, sewers, drains or other facilities used for .1 various public utilities whether owned by the City private II or I' corporations. I. ii !I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE . ~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLQWS: !I Ii Section 1. That pursuant to Chapter 177.101(5) and Chapter I· i: 166 of the Florida Statutes, it is hereby determined to vacate and II abandon all right and interest it holds to the following real l i property, but retaining and reserving to the City of Delray Beach, Florida, an easement over the entire area thereof for the purpose of public and emergency access and constructing and/or maintaining either over or under the surface poles, wires, pipes, sewers, drains or other ; facilities used for various public utilities whether owned by the City or private corporations, more particularly described as follows: I I I I i I I ! . - " Ii I Ii PARCEL 1 : A proposed vacated right-of-way, being" a portion of N.E. 1st Court, Delray Beach, Florida, and II more part~cularly described as follows: :! !: J: Beginning at the Southeast corner of that part of the f¡ South One-Half (S 1/2) of the North One-Half (N 1/2) I I' I! of Block 139, lying West of the Intracoastal Ii Waterway, MAP OF THE TOWN OF LINTON, a subdivision as Ii recorded in Plat Book 1, Page 3, in the Public It Records of Palm Beach County, Florida, and being a point on the Westerly Right-of-Way line of the ¡: Intracoastal Waterway, as recorded in Plat Book 17, Ii Page 16A, in the Public Records of Palm Beach County, 4 II Florida, and a point on the Northerly Right-of-Way line of N.E. 1st Court¡ thence run South 7 degrees il ! 43' 38" West, along said Westerly Right-of-way line ir of the Intracoastal Waterway, a distance of 20.18 ji feet to a point, also being the extended center line of N.E. 1st Court; thence run North 90 degrees 00' , 00" West, along said extended center line, a distance , ;1 of 6.00 feet to a point on. curve, said curve having ¡: ¡! a tàngent bearing of North 7 degrees 43' 38" East; , I: " thence run Northwesterly along the arc of said curve It Î: to the left, a distance of 34.11 feet to a point of .. ¡, tangent and a point on the North Right-of-way line of " " said N.E. 1st Court, said curve having a central Ii ., angle'of 97 degrees 43' 38", a radius of 20.00 feet ¡¡ and a tangent of 22.90 feet¡ thence run South 90 ¡, degrees 00' 00" East, along said North Right-of-way Ii \! - line, tangent to the previously described curve a Ii distance of 28.90 feet to the Point of Beginning of I' " Parcell. I Ii TOGETHER WITH ¡; ;f PARCEL 2 : A proposed vacated right-of-way, being a .' portion of N.E. 1st Court, Delray Beach, Florida, and ,; . more particularly described as follows: I: " II Beginning at the Northeast corner of Lot 28, '\ I SEESTEDT-STEVENS SUBDIVISION, a subdivision as J I recorded in Plat Book 18, Page 3, in the Public I Records of Palm Beach County, Florida, and a point on the Westerly Right-of-way line of the Intracoastal ! Waterway, as recorded in Plat Book 17, Page 16A, in the Public Records of Palm Beach County, Florida; Ii I! - 2 - Res. No. 55-95 1 II ! Ii i! ..-.-.-- -, L _."- -- _. ~-_. -- ~-- -...- - _. _. ____ _.. ~ w·.__ ".w ._ .... .- - .-., ¡ , thence run North 90 degrees 00' 00" West, along t'he ¡ North line of said Lot 28 and the South Right-of-way line of N·. E . 1st Court, a distance of 23.47 feet to a point of curve; thence run Northeasterly along the arc of said curve to the left, a distance of 28.72 feet to a point on said curve, also being a point on ., the extended center line of said N.E. 1st Court, said ;¡ curve having a central angle of 82 degrees 16' 22" , a radius of 20.00 feet, a tangent of 17.47 feet and a ! tangent bearing North 7 degrees 43' 38" East; thence run South 90 degrees 00' 00" East, along said extended center line of N.E. 1st Court, a distance of ¡ 6.00 feet to point the said Westerly a on . ,: Right-of";way line of the Intracoastal Waterway; " thence run South 7 degrees 43' 38" West, along said ,¡ II Westerly Right-of-way line a distance of 20.18 feet ,. to the Point of Beginning of Parcel 2. Containing 0.01 acre, more or less. 0; PASSED AND ADOPTED in regular session on this the 1st day of August, 1995. r¡ , MAYOR ¡ ATTEST: " !l " - City Clerk :¡ Ii fl . ,: , ¡ 1 I I ¡ . - 3 - Res. No. 55-95 ! I ¡ , I , . . ~ _. r' . (" ~-J - I ~ ~ ~ >- - « I « « <:( - ;;: /1 J: iE 1 I- 0::: - IX) en lJJ - f- lLÍ W z :.i <:( - I I S - N.E. 2ND 51. - - - ~ - v - J---J ~ -1 roo- - N.E, 151 CT. « - :::I: f- z I- iii r-- (/) « aJ - <:( ~ - 0 ; . U I-- <:( -- I--- l1::: LOWRY N.E. 1ST ST. l- I--- I ::z - - - tJ Z ATLANTIC VETERANS PLAZA PARK - - - - I ~ N N.E. 1ST COURT - PlAHNI40 OEPAII1IIEHT ABANDONMENT 01Y OF OELRA y 1ICAOt, R. -- (JK}frA/. SASE' IIAP SYS79t -- ---".--.-..-- " .' ~ ¡'¡1I119E~ LOCAíitJ[f)~5aIPTII1N /,,</PéX . ø C¡)NC. J./.4Té~ ""éTé~ Y¡l l..v~ a"X N @G.4's CHEC~ V'''¿vë C"I"I"€,tl, p"i- @#i7Sé ¿J/¡!1 I</AT~'< .s'~or : @1'1¿-TAl. P"ST SVP!*#/fT Fð¡f ~UW r7£rE~8OX A611'E <;KA~ (5)E¿~CT~/Ctlf' CtJ.Nþl.nT M4rA¿ PIP6 @2"i I'1E1""" $I/"'/,(T 'ØST,r".c ¿/~TS'rATJð¡fl/E¿E~TA/~A'- (Jþ",rleðt.. <1> ~":t I1Eíll¿ A¡.¡r~KA'A F'~ /,1FT sr,4rl"l( Tél.Eh£1l'>' ('~I'/r,(l# fl)t;''f l1~rA(. ,PIP£' '-'FT Sf;tIr. DN V6NT'S \: SCALE.' /'': ZO' Lor It) p()~rIPN OF ~ ðLiU...K /..3 9 5é~STé/)T -STEVÐlS /'fAPOFTHE rOWN ~ :51J80IV¡SION ï?B,IlJ,1'G3) IJF ,'HT",..¡ ~ (P,4, I, P~, ,,) \,' ~ ( , ~ ~ . . ~ . I. 7' /. 7' ~ ~ - , Y, CAkN 't-- 4'" oS'H { . 1:'./'''''~ s: . - - .,.,~", þ~.. P. 75'?X~-;7S' == _ .....y L",,~c'¿I&NrPð¡;:- =0.. ~ '\) ~ ~: .35.09 . ~, Z 1 ~ "/, /, ¡;; 11'1 :ïV' CAP ~ ~ Z':f E/VC¡f¡)A~HI'I£''''T ~~ í/" ~ :( ~ '1 1 "- ~~ J-oT 28 o\<p,l,Þ I ~ ~ ~~ SecsíéJ>T -STEYßNf 0~lt\ ~~, ~ ,,"' . Sv8J)IV¡~/"N ~ I ~ ~ ~, I F!8. /8, P6.3) I.) ~ I t!..3 ~ ~ ~ '\~ ~ ~ LEGEND: I "- ~ ~~ t - Indicates Center Line ~ ~~ R/W - Indicates Right-of-way ~ P.B.- Indicates Plat Book PG. Indicates Page . ~ ~~ - O.R,B.-Indicates Official Record Book ~~ I.P.F.-Indicates Iron Pin Found MEAS. -Indicates Measured ,,~ CONC. -Indicates Concrete ~ NOTES: 1- The sketch as shown hereon indicates a special purpose survey to indicate the location of existing improvements and utilities. 2. The existing gravity sewer and force main do not fall within the proposed area of abandonment. LEGAL DESCRIPTION: - The Easterly abandonment area of N.E. 1st Court adjacent to the Intracoastal Waterway and lying Northerly of Lot 28, SEESTEDT-STEVENS SUBDIVISION, a subdivision as recorded in Plat Book 18, Page 3, in the Public Reco~ds of Palm Beach County, Florida. CERTIFICATION: I h-::rr.>t-y certify the s1,etch as s1'1o\,n hereon represents ð "qrvey made l1nr1n..- ,....", ~;"-r'\""""';""""~"" -. ...... _1 , , ,. · . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: jP6'ITY MANAGER C(.f) SUBJECT: AGENDA ITEM :It - MEETING OF OCTOBER 10. 1995 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD CONDITION OF APPROVAL/SITE PLAN MODIFICATION FOR DELRAY MALL DATE: OCTOBER 6, 1995 This is before the Commission to consider amending a condition of approval granted by the Site Plan Review and Appearance Board in conjunction with the major site plan modification for the Delray Mall. The condition of approval provides for the upgrading and maintenance of the existing chain link fence as a buffer between the mall and the Silver Terrace subdivision, in lieu of providing a wall. It was appealed by June Carr, resident of Silver Terrace, on September 26, 1995 (copy of appeal letter attached). An analysis of the action taken and the appeal, together with alternative actions is outlined in the accompanying staff report. Recommend consideration of the appeal of the condition of approval granted by the Site Plan Review and Appearance Board regarding the buffer and require that a 6 foot high concrete block wall be installed along that portion of the property line that abuts the Silver Terrace subdivision, with pedestrian access provided from Dixie Highway at the NW corner of the site between the Delray Mall and Silver Terrace subdivision. ref:agmemo17 ·. , . of< tf1l1 CITY COMMISSION DOCUMENTATION TO: ~R~ITYMANAGER THRU: D E DOMINGUEZ, ~TOR DEPARTMENT OF PLÄ G AND ZONING FROM: ~~NER SUBJECT: MEETING OF OCTOBER 10,1995 APPEAL OF A SITE PLAN REVIEW AND APPEARANCE BOARD CONDITION OF APPROVAL ASSOCIATED WITH A SITE PLAN MODIFICATION FOR THE DELRAY MALL ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of amendina a condition of approval granted by the Site Plan Review and Appearance Board (SPRAB), associated with the major site plan modification for the Delray Mall. The condition of approval allows an existing chain link fence to remain as a buffer between the Delray Mall and Silver Terrace subdivision. The subject property is located at the northwest corner of Linton Boulevard and Federal Highway. SPRAB action was taken on September 20, 1995. A condition of approval that provides for the upgrading and maintenance of the existing chain link fence, in-lieu of providing a wall, was appealed by June Carr resident of the Silver Terrace subdivision on September 26, 1995. The appeal is being processed pursuant to LDR Section 2.4.7(E) Appeals. BACKGROUND: The development proposal involves the demolition of a portion of the Delray Mall (all of the enclosed mall is to be demolished except Marshall's and Muvico), facade changes to the Publix strip center to match the new mall facades, addition of an outbuilding (Eckerd's), parking lot modifications, and landscape modifications. City Commission Documentation Appeal of SPRAB's Action on a Condition of Approval for the Delray Mall Page 2 In 1986, with the approval of a previous major site plan modification, the residents from the Silver Terrace subdivision requested that a wall be placed along the southern border of their subdivision for compatibility purposes. The Planning and Zoning Board was in favor of this request, however because of an oversight it was not included as a condition of approval. As a result, only trees 25' on center and a continuous hedge along this property line was required. Given the oversight, the City and the developer at that time agreed to share in the cost of installing a chain-link fence (in addition to the landscaping), with the City being responsible for the maintenance of the fence. The existing buffer consists of a 6' high chain link fence which ties into the mobile home park's 6' high wood shadow box fence. In addition, an established tree line and Ficus hedge (which is maintained at a height between 5' and 6') exists. A portion of the fence has been removed (at the southwest corner of Miami Boulevard and Collins Avenue). Pedestrians from the neighborhoods to the north and west use the streets in the Silver Terrace subdivision as a cut- through to the mall creating some security problems. The existing chain link fence has been a constant maintenance and security problem for the City, as well as the Silver Terrace residents. No modifications are being proposed to the existing buffer with the renovation of the mall. A complete analysis of the development proposal is found in the attached Site Plan Review and Appearance Board Staff Report. The discussion regarding the northern property line buffer can be found under the section entitled Special District Boundary Treatment on Page 5. In brief, staff recommended that a 6' concrete wall be provided along that portion of the property that abuts the Silver Terrace subdivision, thus eliminating some of the previous security problems and maintenance of the chain link fence. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: The site plan modification for the mall was approved by the SPRAB on September 20, 1995. There was one member of the public (June Carr) who spoke regarding the project. Mrs. Carr indicated that the existing chain link fence has been a maintenance and security problem, and stated that the wall had previously been promised but not installed. The owner of the mall and his representatives were present at the meeting. They were not in favor of providing a wall along this property line given the cost, and the fact that a portion of the existing landscape buffer would have to be removed. . . City Commission Documentation Appeal of SPRAB's Action on a Condition of Approval for the Delray Mall Page 3 They also felt that once the mall was redeveloped with better lighting, security, and maintenance, crime would be deterred. The owner was willing to repair the fence, provide more posts, ties, mid-rail, and landscaping i.e. triple row of ficus, bougainvillea, or a hedge on either side of the fence making the fence more difficult to cut or remove. The Board agreed with the applicant that a wall was not necessary. Their consensus was that a wall doesn't eliminate security problems, that the fence would most likely be better maintained with the new mall, and that a fence with landscaping would be more aesthetically pleasing to the Silver Terrace neighborhood. The Board felt they should leave it up to the Delray Mall professionals to install what they felt was necessary to control the security problem. The Board voted 5-0 (Rick Mouw absent, Mr. Sheremeta stepped down) to approve the site plan modification for the Delray Mall with the condition that the existing chain link fence shall be kept in a state of good repair along with the landscape buffers. The motion by the Board did not contain specific language regarding the fence i.e. how many feet apart the posts should be installed, if the mid-rail would be required, how many extra ties, and specifically what type of landscape material is to be provided. If the Commission desires to uphold the SPRAB decision the motion should contain more specific language regarding the above. In addition, pedestrian access at the northwest corner of the site from Dixie Highway seems appropriate given that pedestrians walk to the mall from the subdivisions located to the north and west of the Silver Terrace subdivision. ALTERNATIVE ACTIONS: A. Continue with direction and concurrence. B. Uphold the Site Plan Review and Appearance Board's decision to allow the chain link fence to remain, with specific language regarding how the fence is to be repaired and maintained, the type of landscaping that is to be provided, and the provision of pedestrian access from Dixie Highway at the northwest corner of the site. C. Amend the Site Plan Review and Appearance Board's condition of approval regarding the buffer, and require that a 6' high concrete block wall be installed along that portion of the property line that abuts the Silver Terrace Subdivision, with pedestrian access provided from Dixie Highway at the northwest corner of the site. . ,,' City Commission Documentation Appeal of SPRAB's Action on a Condition of Approval for the Delray Mall Page 4 RECOMMENDED ACTION: By motion, amend the Site Plan Review and Appearance Board's condition of approval regarding the buffer, and require that a 6' high concrete block wall be installed along that portion of the property line that abuts the Silver Terrace Subdivision, with pedestrian access provided from Dixie Highway at the northwest corner of the site. Attachments: * Letter of Appeal * SPRAB Staff Report . ". I ] ) NOTICE OF APPEAL September 26, 1995 To: City Clerk of Delray Beach, Fl. From: June Carr, representing Silver Terrace Subdivision relating to the action taken by the Site Plan and Review and Appearance ~ --r-- Board on September 20, 1995. The above-mentioned board voted on the above-mentioned date to deny the request of the City of Delray Beach's Planning Depart- ment to provide a wall between Silver Terrace and the Delray Beach Mall. Since our 1986 request through the County of Palm Beach and the then City Council of Delray Beach for'a wall between this sub- division of Delray Beach and the Delray Mall fell through the cracks for various reasons, we have to get some protection from shoplifters,running through the neighborhood, trash and debris thrown on our property and various crimes commited in the neighborhood by people passing through. It is our understanding that since the County of Palm Beach in 1986 required a wall between us and the Delray Mall, anything less would be unacceptable~ Through owner after owner of the Delray Mall we have experienced constant unconcern of our concern.. Since the City of Delray Beach has decided to put infrastructure in our neighborhood, anti· th.ei'* anning and Zoning Department of the City of Delray Beach is currently going to work with this neighbor- hood to beautify and revitalize the area, we feel that as res- ponsible taxpaying citizens of Delray Beach we are entitled to the same protection as any other area. At the above-mentioned board meeting, representatives of Lefmark stated they would do various things to the existing fence. Additional posts would be put in and a horizontal bar installed. The posts would have to be 6 inches apart for no one to walk through. The board did not vote precisely on this action. Lefmark did not want to take out the hedge on the mall side. W1t«;m:rrWlEJD) RECEIVED 1/:{(P/'1õ Sf? 26 \995 PlÞ,NNiNG 8~ ZONING 1J)..~s:. cny CLERK . · NOTICE OF APPEAL September 26, 1995 PAGE TWO Unless something specific is decided we have no recourse on callinb Code Enforcement to see that the Mall maintains the fence ~hich can be pulled apart anywhere. Not cut by wire cutters, pulled apart. We measured the fence. It is appro.imately 624 feet where we desire a concrete wall or something permanent. There are currently three holes in the fence. ,The people who walk through here are Dot from the area in the main. They are from the North and West. We ask that you give us some relief in this area since we have been asking for years to make this a neighborhood like any other in Delray Beach. ~~, C~ 1(~(¿ (CCÅ¡' :2 1 J. - 7 oc;¡ ~ '. ". SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 20, 1995 AGENDA ITEM: IV.A. ITEM: Site plan modification, landscape plans, and building elevations for a renovation to the Delray Mall, located at the northwest corner of Linton Boulevard and Federal Highway. GENERAL DATA: Owner........................ .. Delray Mall Associates c Applicant..................... . Lef/Delray Mall, Ltd. Agent........................... . Robert Currie Currie and Associates, Inc. Location...................... . Northwest corner of Federal Highway and Linton Boulevard. Property Size..,............. 35.73 acres Future Land Use Map.. General Commercial Current Zoning............. PC (Planned Commercial) Adjacent Zoning..North GC (General Commercial), RM (Medium Density Residential)and MH (mobile Home) East: PC and RM South: PC West: I (Industrial) Existing Land Use........ Existing 406,786 square foot enclosed shopping mall with outparcel restaurants, 10 screen BANYAN m movie theater, and associated IIILLAGE landscaping and parking. Proposed Land Use..... Demolition of portions of the existing mall and redevelopment as a 330,035 square foot center with outparcel restaurants and retail, a 20 screen theater, and associated landscaping and parking areas. Water Service............... Existing on site. Sewer Service.............. Existing on site. DELRA Y LINCDLN MERCURY IV.A. . 1< ..... -..... ....." .".. .... , l"I"EMBI!PGJllilHESQllai The action before the Board is approval of a major site plan modification request pursuant to LDR Section 2.4.5(G). The request involves the following elements as they pertain to the Delray Mall: Q major site plan modification; Q architectural elevations; and Q landscape plan. The subject property is located at the northwest corner of Linton Boulevard and Federal Highway. I ... -.... """ ."... -..... ..",. .-,., --.. <, â~~t<;IQt..JN[j .. The Delray Mall (excluding the outbuildings) was constructed in three Phases on a total of 35.71 acres. The History of those three phases is provided below. The City Commission approved Phase 1 of the mall at its meeting of July 9, 1973. The approval allowed the construction of a 74,280 square foot shopping center (Publix strip center) on the northern 12.21 acres of the site. The City Commission approved Phase II of the Delray Mall at its meeting of May 9, 1975. Phase II involved the construction of a 241,455 square feet enclosed mall on approximately 16.151 acres, and consisted of that portion of the structure from Byron's north. The City Commission approved Phase III of the Delray mall in 1980. Phase III allowed a 74,290 square foot expansion located at the southern end of the mall (Marshall's to Byron's), on approximately 6.07 acres. With respect to the outbuildings, the City Commission approved a site plan for Denny's Restaurant on January 27, 1975, and on January 9, 1978, approved a site plan for Morrison's Cafeteria on January 27, 1975. In 1986, the City Commission approved a major site plan modification for facade changes, renovations to the parking lot which included better on-site circulation, and landscaping. In order to unify the three phases of development a plat of the subject property was required. The plat included a 7'6" right-of-way reservation along Dixie Highway, and a 7' right-of-way reservation along Linton Boulevard. At its meeting of March 27, 1991, the Site Plan Review and Appearance Board (SPRAB) approved a minor site plan modification to allow an 11,800 square foot expansion to the Delray Mall for an 8-plex movie theater known as Muvico. Prior to . ". SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 2 construction of the movie theater, the Board at its meeting of May 13, 1992, approved an additional 5,460 square foot expansion to allow a 1 O-plex movie theater. In 1994, a non-impacting site plan modification was administratively approved for the construction of the Roadhouse Grill on an outparcel located at the southeast corner of the subject property. The Roadhouse Grill has since been constructed The action now requested of the Board is approval of a major site plan modification to the Delray Mall. I·...·..·..· slJ'l2êL.jN..ÎNAۥŠI$.........········· .ii' PROJECT DESCRIPTION: Currently, the site consist of 406,786 square feet of building area (including the Delray Mall, Publix strip center, Denny's, Morrison's, Roadhouse Grill), 1,669 parking spaces, and associated landscaping. Ingress/egress to the site is accommodated through seven curb cuts. One curb cut is located on Linton Boulevard, four on Federal Highway, and two on Dixie Highway. Curb-cut modifications are being proposed for the two ingress/egress points on Dixie Highway. Publix strip center, Denny's, Morrison's, and Roadhouse Grill are to remain in their present configurations. Most of parking lot modifications being proposed will occur in the area where Byron's currently exists. The parking areas which are not proposed for modification include the parking associated with Denny's, a portion of the parking lot located to the rear of Publix, the parking lot area in front of Publix, the parking lot located to the east of Morrison's, and the parking lot area located in front of Marshall's, and the Roadhouse Grill. The development proposal includes the following changes to the site: · demolition of the Delray Mall structure with the exception of Marshall's and Muvico Theater, resulting in an overall reduction in square footage from 406,778 square feet to 330,035 square feet (square footage includes the outbuildings); · remodeling the exterior elevations of the Publix strip center to match the architectural elevations of the new mall; · creation of a new outbuilding to accommodate a 10,558 square foot free standing Eckerd's drug store with a drive-through window for pharmacy pick-up. The outbuilding is proposed along Federal Highway between Roadhouse Grill and Morrison's; · increase in parking spaces from 1,669 to 1 ,676 parking spaces; · newly created parking lots; . . SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 3 . lighting fixture upgrades; . landscape modifications. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: LDR Section 4.3.4(K} Development Standards Matrix: The proposal meets setback, lot coverage, and building requirements, as listed in the Development Standards Matrix. Compliance with open space and height requirements are discussed below. Open Space: A minimum of 25% of non-vehicular open space is required by code. Currently, only 10% open space exists on site, however the development proposal provides for 18% of open space which decreases a non-conforming situation. Heiaht: The height limit in the PC district is 48'. The structure contains varying heights between 21' to 37' which meets the district standards. However, an appurtenance is proposed over the Muvico theater entrance exceeds the height limitation. The overall height of the building and appurtenance is 69'. Pursuant to LDR Section 4.3.4(J)(3)(b), appurtenances to be placed above the roof level of a building and not intended for human occupancy may be allowed to extend above the height limitations, but only when specifically approved by the Board. The proposed appurtenance is decorative in nature, and is not meant for human occupancy, thus, the Board may approve the increase in height. Approval of this item has been included in the motion for the Architectural Elevations. Special Setbacks: Pursuant to LDR Section 4.3.4(H)(6)(b), Special Landscape Setbacks, along Federal Highway, a 25' landscape setback is required, and a 25' landscape setback currently exist with the exception of the area located in front of Denny's Restaurant. Existing parking spaces are located within this buffer. As no modifications are being proposed to the Denny's parking lot, this non-conforming situation may remain. Along Linton Boulevard a 30' landscape buffer is required. While it appears that the 30' landscape buffer has been provided, it has not been taken from the ultimate right- of-way line. A 7' right-of-way reservation exist along this property line, and the 30' .. . SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 4 landscape buffer must be taken from that line. To the east of the entry drive along Linton Boulevard, the existing parking will be located within the landscape buffer, which will remain as an existing non-conforming situation. The parking area being modified west of the entrance encroaches into the landscape buffer. Compliance with the 30' minimum landscape buffer is required and is attached as a condition of approval. LDR Chapter 4.6 Supplementarv District Reaulations: Parking: Pursuant to LOR Section 4.6.9(C)(4)(e), Shoppina Centers: Spaces required are based upon the size of the center per gross leaseable floor areas, irrespective of uses. A shopping center with 25,000 to 400,000 square feet must provide 4 parking spaces per 1000 square feet. The proposed 330,035 square foot of leaseable area requires 1,320 parking spaces while 1,676 spaces are provided. Thus, there is a surplus of 356 parking spaces. Aisle Width: Pursuant to LOR Section 4.6.9(O)(4)(d), the standard aisle width is 24'. The maximum aisle width is 26'. Exceptions may be made at the time of site plan approval in order to accommodate pick-up or drop-off areas. Most of the proposed aisle widths are 24'. However, a 30'+ aisle width is proposed for the service drive to the rear of the mall. Thirty foot (30') aisle widths are proposed for the driveway located in front of the mall, the main entrance driveway located north of Linton Boulevard, and a drive aisle located between a parking row in front of the Muvico theater. The service drive to the rear and front of the mall, will likely be utilized for pick-up and drop-off areas. The entrance drive north of Linton Boulevard is an existing condition. The larger width drive aisle in front of Muvico will accommodate pick-up and drop-off activity associated with the movie theater. Thus, it is appropriate that the Board approve the additional aisle widths for these locations, which is provided as a separate motion of approval. Some of the existing parking lot areas not being modified contain aisle widths greater than 24', and will remain as non-conforming situations. Bicycle Racks: Pursuant to LOR Section 4.6.9(C)(1)(c), bicycle parking facilities shall be provided in a designated area and by a fixed or stationary bike rack for the shopping centers. Bike racks shall be provided at the rate of five spaces per 100,000 square feet. Thus, 4 bike racks are required and none have been indicated on the plans. Provision of bike racks is attached as a condition of approval. . ,. SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 5 Loading Areas: Per LDR Section 4.6.10(B), the body approving the site plan associated with the proposed development shall determine the adequacy of the loading areas. The site plan indicates that 2 loading bays and docks will be provided to the rear of the main anchors. One is located adjacent to the new 34,100 square foot anchor, and adjacent to the Byron's store. In addition, an existing loading area is to remain behind Publix. To the rear of the mall, a 30'+ wide service drive is proposed accommodating (un) loading for the smaller retail shops, as well as two-way traffic. Thus, it can be determined that the provisions for loading and unloading is adequate. Special District Boundary Treatment: Pursuant to LDR Section 4.6.4(A) Commercial Zonina Adjacent to Residential Zonina: Where the rear or side of commercially zoned property directly abuts residentially zoned property without any division or separation between them Le. a street, alley, railroad, etc. the commercially zoned property shall provide a ten-foot building setback from the property line. In addition, either a solid finished masonry wall six feet in height, or a continuous hedge at least 4 1/2' in height at the time of installation. If a wall is used, it shall have only those opening as required by other City codes to meet hurricane or severe storm construction standards. No walkways or other pedestrian ways shall be located through the wall or hedge. The above requirement would apply to the subject properties northern boundary as it abuts residential subdivisions (Silver Terrace subdivision and Floranda Mobile Home Park). The building setback to Publix is approximately 66'. A 6' high chain link fence exist along a portion of the property adjacent to the Silver Terrace subdivision, and 6' shadow box fence exist along the balance of property adjacent to the Floranda Mobile Home Park. In addition, an established tree line (25' on center), and Ficus hedge which is maintained between 5' and 6' exists, and is to remain with the renovations of the mall. With the major site plan modification in 1986, the residents from the Silver Terrace subdivision requested a wall be placed along their property line for compatibility purposes. The Planning and Zoning Board was in favor of this request, however as an oversight was not recommended as a condition of approval. The existing chain link fence has been a constant maintenance and security problem for the City as well as the Silver Terrace residents. A portion of the fence has been removed, and allows access from the subdivision to the mall. Pedestrians from the neighborhoods to the north and west use Silver Terrace subdivision as a cut-through to the mall creating some security problems. With the redevelopment of the mall, it is appropriate that a wall be provided for that portion of the property which abuts the Silver Terrace subdivision, and has been made a condition of approval. The shadow box fence which currently buffers the mobile home park from the mall should be sufficient, as no concerns with comparability or security have been noted with that subdivision. ,. ,.t SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 6 Lighting: Lighting is shown on the site plan as well as the landscape plan. Per code the maximum pole height is 25'. The plans indicate that 25' pole heights will be provided around the perimeter of the site however, an increase to 40' interior to the site is proposed. The applicant has indicated that the additional pole height is needed to provide adequate lighting in the parking lots for security. The applicant will be requesting a variance from the Board of Adjustment on this item. If the Board of Adjustment does not grant the variance, the light pole heights are to be reduced to a 25' maximum. OTHER ISSUES: Right-of-way Dedication: Per LDR Section 5.3.1, right-of-way dedications to meet minimum standards must be made with all developments. The adjacent right-of-ways include Linton Boulevard, Federal Highway, and Dixie Highway. The status of those rights-of-way are as follows: A 120' right-of-way is required for Federal Highway, and the existing right-of-way width is 120'. A 120' right-of-way is required for Linton Boulevard. The existing right-of-way width is 106' with a 7' right-of-way reservation provided by plat. Thus, no additional dedication is required from this property. An 80' right-of-way is required for Dixie Highway. The existing right-of-way is 66' with a 7' -6" right-of-way reservation provided by plat. As there was no ability to gain additional right-of-way from the property to the west (FEC railroad right-of-way), obligation is from this property. However, the applicant has requested a reduction of the 7'6" right-of-way reservation to a 5' right-of-way dedication for an ultimate right-of- way of 71' for this section of Dixie Highway. Per LDR Section 5.3.1 (D)(4), the Board approving a development proposal may grant a reduction pursuant to the following: (a) The reduction is supported by the City Engineer. (b) Requiring the full dedication would constitute a hardship in a particular case and that all required improvements will be provided in a manner which will not endanger public welfare and safety. (c) Acceptable, alternative provisions are made to accommodate features which would otherwise be accommodated within the right-of-way e.g. alternative drainage, pedestrian walkways, on-street parking, etc. The following items are noted regarding those requirements: . . SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 7 (a) The City Engineer supports the reduction. (b) If the 7'-6" right-of-way reservation was needed, it would create a non- conforming landscape buffer along this property line (5' is required and only 2'-6" would remain). The established tree line and hedge would be located in the right-of-way, and would be subject to removal. City staff agreed that a 5' right- of-way dedication would be sufficient, which would allow the required 5' landscape buffer. (c) The existing 66' of right-of-way contains approximately 36' of asphalt, which includes two travel lanes, right turn lanes, swales, and sidewalk. Therefore, required facilities can be accommodated in the existing right-of-way. As the FEC railroad property is situated along western side of Dixie Highway, there would be no need to provide a sidewalk along that side of the road. Based on the above, a reduction of required right-of-way width is appropriate. The site plan must be revised to reflect the ultimate right-of-way line, and has been noted as a technical item. Provision of a right-of-way deed has been made a condition of approval. Pedestrian Circulation: The Board discussed a preliminary site plan with the applicant at its March 22, 1995 meeting. The Board's major concern was the "sea" of asphalt (parking areas). The Board suggested that some pedestrian corridors be provided to break-up the parking areas. The plans provide for a 24' to 40' wide pedestrian corridor along the front of the structure, which accommodates congregation nodes containing street furniture and landscaping. In addition, two pedestrian sidewalk connections, located adjacent to the main entrance drive aisles are provided from Federal Highway internal to the site. Thus, staff feels this item has adequately been addressed. Abandonment of Utility Easements: The redevelopment of the mall necessitates the abandonment and relocation of some utility easements. Processing of the abandonment and replacement easements must occur prior to issuance of building permits and has been made a condition of approval. Infrastructure 1m provements: Pursuant to LDR Section 6.1.3 (B), 5' sidewalks adjacent to right-of-ways are required. Sidewalks existing along Federal Highway, Linton Boulevard, and a portion of Dixie Highway. The sidewalk along Dixie dead-ends north of the southern entrance. The proposal includes extending this sidewalk southerly to tie into the sidewalk along Linton Boulevard. Other than on-site water and sewer system modifications, no other infrastructure improvements are required with this development proposal. . . SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 8 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were noted. Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need be addressed prior to building permit submittal. 1. Indicate on the site plan the ultimate right-of-way line along Dixie Highway, and along Linton Boulevard. 2. Under the site date, required parking spaces is incorrect. The correct number of required parking spaces is 1,320. Revise plans accordingly. Enaineerina Technical Items: The following Engineering Plan items remain outstanding, and will need to be addressed prior to building permit submission. 1. Sheet flow distance over pavement is excessive. it is recommended that the inlets be relocated to islands and additional inlets be provided. 2. Provide curb-cuts to allow better sheet flow. 3. SFWMD permit modification will be required. 4. Existing as well as proposed grades should be shown on the paving and drainage plan. 5. Final engineering plans are to be prepared at 1"=40' scale or larger. 6. Provide demolition plan showing an overlay of existing and proposed improvements. 7. Show clear delineation between existing and proposed pavement and limits of each. 8. Provide City of Delray Beach standard details for required water and sewer modifications. 9. All new water and sewer mains must be installed and accepted prior to removal of the old mains. 10. New easements will be required over the new water and sewer mains. Old easements must be abandoned. 11. Palm Beach County Health Department permit for water and sewer are required. . . SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 9 I . . ................. ........................................ '1 ....--.............................................."...............--.................."."..,.... ............."..............................."."..."............................""....... ..................."."....., .... .. .. . ., ..., . .......,,,.. ................."....".". .... .. .. .,.. ...... ., ". .. ..... ................................... .......................t.,A..................·N... ·..·D.···...·S0.·..· "A".... ···.9.· e········"A,,· "'N" A·' "12" .¥j.' .. ·$···I··S·· ..' ........................................................................ . . . . .... ... . .... ..... . . ... . . ... .... . . ...... . "., , .. ,. ... , . .... . .... .., ,. ...". .' . - .. - - ... "". . . . ....,.,.. ." ,.". ........ - - - _. 'n... _ ,. . . .., ..... .. .,., " o. n ... ... ..." .". .- --.--.-..... "". .-.. ... ................,." ,.", , . ........-...............".........................,..,.."."."". Existing and Relocated Plant Material: The perimeter landscaping is to remain, and consists of trees and a continuous ficus hedge. The existing plant material located in the parking lots adjacent to Publix, Denny's, Roadhouse Grill, and Marshall's is to remain. Existing and relocated Royal Palms will be provided on either side of the main entrance driveways into the mall (the two southern most entrances from Federal Highway). Some of the existing parking lot areas are non-conforming with respect to the required 5' landscape strip between parking rows. As these areas are not being modified they will remain as non-conforming situations. All new parking areas provide the required 5' landscape strip. The southern most parking row contains more than 10 parking spaces in a row. The applicant has indicated that they are willing to provide the required landscape island, which has been noted as a technical item. Proposed Interior Landscaping: As mentioned above, Royal Palms are to be provided along either side of the main driveways. In addition, Royal Palms will be provided along either side of the main north/south internal driveway, and within the terminal landscape islands located adjacent to the mall structure. Majool Palms will be located in the median of the divided entrance driveway. Laurel Oaks, Crape Myrtle, and relocated Live Oaks will be provided in the new parking lot areas. The 5' landscape strips between parking rows, and terminal landscape islands will be planted with either Junipers, Dwarf Yaupon Holly or Spider Lillies. Foundation PlantinQs: A variety of plant material creating a layering effect will be provided within the planters located in front of the mall, including Alexander Palms, Majool Palms, liriope, Xanadu Philodendron, Crinum Lilies, Variegated Ginger, Bush Allamanda, wax jasmine, etc. Waiver Reauest: The applicant has requested a waiver from LDR Section 4.6.16(H)(3)(a), and Section 4.6.16(H)(3)(h) to reduce the required number of interior trees from 703 trees to 588, and a reduction in perimeter trees from 172 trees to 165. The applicant has provided a justification statement which is summarized below: The Delray Mall is an existing project with many mature large trees. Every effort was made to utilize existing trees in the site planning of the new center. The '. SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 10 perimeter of the property is not changing and the established tree planting will not be disturbed. These trees were planted prior to the 30' on center requirement therefore leaving us 7 trees short. Planting 7 additional trees around the perimeter would be inappropriate as this would interrupt the continuity of the existing tree line. Regarding the reduction for the interior tree requirement, we have utilized the existing trees to the maximum extend possible and are relocating all mature Oaks and Royal Palms disturbed by the proposed construction. In the areas of the project where the parking areas are being reworked we have provided all required trees. Staff feels that there is probably enough open space around the perimeter of the site to accommodate the 7 additional perimeter trees. Therefore, staff recommends denial of the waiver request to this requirement. The request to reduce the interior tree requirement by 115 trees seems excessive. Staff can support a reduction in the interior tree requirement, however the applicant should try to redesign the landscape plan to accommodate some of those required trees. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission. 1. There are more than 10 parking spaces in a row in front of Marshall's. Provide a landscape island at intervals of no more 10 parking spaces. t ...............""".""""".....-.--.--.-.. I ............'^I~J..I.I"t'ECJ,.Û.~t..et..ell'1"I()NS.......·····.··· The mall structure itself will be constructed with concrete block and contain a cement plaster finish. The roof is to be flat with a parapet. Architectural detailing includes concrete scoring, raised stucco banding, cornices, arches and columns, and tile accents. The existing Publix strip center will be re-faced with the same cement plaster finish as the new mall and will contain the same architectural details. Thus, both sections of the mall will be architecturally compatible. The colors include off-white walls with accent colors of aqua and two tones of taupe. The awning will be a combination of aqua and black. All of the mechanical equipment will be placed on the roof, and screened by a parapet. To the rear of the structure, scuppers and downspouts are proposed. Minimal architectural detailing is provided along the rear of the structure (facing Dixie Highway). The applicant has indicated that the established landscaping along Dixie Highway should be sufficient to buffer this elevation. It has been indicated that the new management of the mall will allow the existing 3' ficus hedge to grow to 5'-6' in height, thus further buffering the rear elevation. . " SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 11 Eckerd's Elevation Analysis: Pursuant to lDR Section 4.6.18(B)(13) Outbuildinas and Shoppina Centers: out buildings within a shopping center shall be compatible in terms of color, materials, and architectural style. The Site Plan Review and Appearance Board shall make a finding of such compatibility prior to approval of outbuilding elevations. If the Board determines that there is not compatibility with respect to any of the items, then it shall deny the elevations. However, if the Board feels that despite the incompatibility, the elevations should be approved they shall forward the elevations to the City Commission with a recommendation of approval and the City Commission shall take final action. The Eckerd's structure will be constructed with the same building materials and painted the same colors as the main structure of the mall. The elevations contain some of the same architectural features of the mall i.e. tile accents, flat roof, raised stucco banding, and concrete scoring. The elevations provide for a pitched roof over the drive thru window, and porte-cochere which are not an architectural feature duplicated on the mall structure. However, the architectural elevations overall have the same architectural style as the mall, and a finding of compatibility can be made. I ... ,....".".""""""",........-..--.--..-. .·....··.<i>1 RÊQÛÎRÊQFIN[)ÎNGS Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.1.1 (A) - Future land Use Map: The subject property has a land Use Plan designation of General Commercial and is currently zoned PC (Planned Commercial). Pursuant to lDR Section 4.4.12, within the PC zoning district general retail uses are allowed as a permitted use. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the land Use Plan designation. Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1 (B) Concurrency as defined in Objective B-2 of the land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements. . . SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 12 The development proposal represents a reduction in the overall square footage of the mall (406,000 to 330,035), thus there will be a reduced impact with respect to Concurrency. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance With the Land Development Reaulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Section 2.4.5 (F)(5) - Compatibility (Site Plan Findinas): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not cause substantial depreciation of property values. The subject property is bordered on north by single family subdivisions (Silver Terrace and Floranda Mobile Home Park). To the east (across Federal Highway) by multiple family subdivisions (Harbourside Condominiums, Domain Delray, and Linton Woods) and a commercial development (Old Harbour Plaza). The property to the west (across the FEC tracks) is an industrial parcel (Tarmac), and to the south (across Linton Boulevard) is Linton Towers, a five story commercial building. There are no compatibility concerns with the mall with respect to the adjacent industrial parcel to the west or the commercial parcel to the south. In addition, there are no compatibly concerns with the properties located to the east as they are located across a 4 lane divided highway, and the multi-family developments have parking lots located along Federal Highway. As discussed earlier in this report, in order to made a finding of compatibility with the Silver Terrace subdivision, a 6' concrete wall should be provided. I> .--.--.........."""""."....... . . . i~ Re\ll.eWS"'..C)"TFI.EæS.......·.·.·.··· The development proposal is not located in an area which requires review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). . " SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 13 J ................... ...........~ ..ISSI5SSMeNÅ“...N[j....~ê)I~l..tJ$IC',)N The proposed modifications to the mall will greatly improve the existing conditions of the site by upgrading non-conforming parking lots, landscaping and antiquated building facades. The redevelopment of the property will create economic stimulation and investment in the area, and create substantial jobs. The proposed site plan for the Delray Mall is compatible with surrounding developments, except perhaps along the northern property line adjacent to the Silver Terrace subdivision where a wall should be provided. When all technical items and conditions of approval are addressed, the proposed plan will meet all LDR standards. Required positive findings can also be made with regard to Chapter 3 (Performance Standards), and Section 2.4.5(G)(5) (Finding of Compatibility) of the Land Development Regulations and the policies of the Comprehensive Plan. I 1L....eINI...I~I!...I~'1"IØNS ' "::~ A. Continue with direction and concurrence. B. Approve the site plan, landscape plan and architectural elevations for Delray Mall based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(F)(5) (Finding of Compatibility) of the Land Development Regulations and the policies of the Comprehensive Plan subject to conditions. C. Deny the site plan, landscape plan, and architectural elevations with basis stated. I .-..".""""",............ ... ....".""......"."....... , $'J'~Fl=â.;(;IMMI$Nt1A'I'IIN> By Separate Motions: Waiver: 1. Deny the request to LDR Section 4.6.16(H)(3)(a) to reduce the required number of perimeter trees. 2. Recommend to the City Commission approval of the waiver request to LDR Section 4.6.16(H)(3)(h), to reduce the required number of interior trees. (NOTE: The Board should specify the amount trees allowed to be reduced). '. . SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 14 Special Action: Pursuant to LDR Section 4.6.9(D)(4)(d) approve the additional aisle width from 24' to 30' for the drive aisles located to the front and rear of the mall, the southern most drive aisle, and the drive aisle located between a parking row in front of the Muvico theater. Site Plan: Approve the site plan for Delray Mall based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(F)(5) (Finding of Compatibility) of the Land Development Regulations and policies of the Comprehensive Plan subject to the following conditions: o Address all Site Plan and Engineering Technical Items and submit three (3) copies of the revised plans. o Provision of a 5' right-of-way deed for the Dixie Highway. o Abandonment and provision of replacement utility easements prior to issuance of building permits. o Provision of a 6' high concrete wall along that portion of the property line which abuts the Silver Terrace Subdivision. o Provision of a 30' landscape buffer along Linton Boulevard taken from the ultimate right-of-way line. o Provision of 4 bicycle racks. Landscape Plan: Approve the landscape plan for the Delray Mall based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: o Address all Landscape Technical Items and submit three (3) copies of the revised plans. Elevations: Approve the proposed elevations for Delray Mall including the appurtenance to be placed over the Muvico entrance, and upon a finding that the Eckerd's outbuilding is architecturally compatible with the main structure of the mall based on positive findings with respect to LDR Section 4.6.18 . SPRA6 sa« Repott \IA 1\ Site PI"". EI""allOOS aOd I.J>I1dscaPiOl! for 1I>e oelra'/ a page ~5 Attachmeots: 0 APpeod\}{ A 0 5\te p\ao 0 Laodscape p\aOS 0 E\e"at\Oos 0 WaNer request Letter SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 16 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 - Will meet the intent of the standard if a variance is aranted for the extended pole heiahts of the liahtina fixtures. 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 Appropriate separation of travelwavs has been made for vehicles and pedestrians. and provisions of bicvcles racks have been noted as a technical item Does not meet intent C. Open Space enhancements described in Open Space and Recreation Objective B-1, are appropriately addressed. Not applicable Meets intent of standard _X_ Does not meet intent D. That any street widening associated with the development shall not be detrimental upon desired character and cohesiveness of affected residential areas. Not applicable _X_ Meets intent of standard Does not meet intent . . SPRAB Staff Report Site Plan, Elevations and Landscaping for the Delray Mall Page 17 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 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 G. 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IIII I ! ¡11',fl ~ ¡II ~:!I II 1¡!I'IQilll~ ~ ¡II~ I: I ~ I f II!~ ~ II I N f II; Ilh ¡ :111 i 1:1 f I~ . f I Ii' hi f II I~i ~ 1,li r I~ I r þl ~ f ~ 1'1 Ill. · · I J I ;II ~ ~ .. ~ ;II ! ¡ ~ ~ ... ¡Q ~ ~ , ~ \J \J m m ~ ... I> F r F '" ~ I nn' I~ 11m; II II !' 'II" I" · ! "'''I ~ I IU!III ' iii r'l Ii i ~f'lI ¡(¡Iii II IUtl'lU d I. i f i 11111 i ¡¡,I ~ IIIII f II I~ I! ¡p ! i 1:1 f II· f f I I. Ii I i I I. r i 1 r . 'I r II~ I · 1 . . § U"e!IU Î~ m au ~! I UUIII U,! I.~..m I ~ nIHil ( æ III ~ ! II!ii H !!III ~I~ ! ~ 11111111 II! UlnIlPII,!lI~ (HlInI , :1 ~ì Pill · ..¡=-..... iUjlU . I '1 I lllUlll 'I .,. Ui III iii If.. u I nl iill¡~ CUUUI nnnn ... III ... .. II II · ... 11111111 f r · J [ ~ ~ lJr i Ii f .... MIl" dl rÞ. ... ..., . p, þ.z .. H jf.r¡~I II' DELRAY BEACH MALL zo I: w ~ r . ( ) ; : ~ì;i ~ ! I SITE PLAN REVIEW () i I~~ · po ~!;;:!J ~ ~ 'Iii 1640 SOUTH FEDERAL HIGHWAY Þ. {IJI I {!~ lJ ; ~ ~ ill DELRAY BEACH, FLORIDA i (j1 ilë m '" · JERRY TURNER AND ASSOCIATES OF FLORIDA, INC. lANDSCAPE ARCHITECTURE LAND PlANNING ENVIRONMENTAL DESIGN September 12, 1995 Ms. Janet Meeks City of Delray Beach Planning Department 100 N.W. First Avenue Delray Beach, FL 33444 RE: REQUEST FOR WAIVER DELRAY BEACH MALL Dear Janet, I am writing to request a waiver from LD.R. section's 4.6.16 (H) (3) (a) and 4.6.16 (H) (3) (h), required perimeter trees and required interior trees. We are requesting a reduction of 7 perimeter trees and 115 Interior trees. As you are aware, the Delray Mall is an existing project with many mature large trees. Every effort was made to utilize existing trees In the site planning of the new center. The perimeter of the property Is not changing and the established tree planting will not be disturbed. These trees were planted prior to the 30' O.C. requirement therefore leaving us 7 trees short. Planting 7 additional trees in the perimeter would be inappropriate as it would interrupt the continuity of the existing tree line. Regarding the reduction requested for the interior tree requirement, as you can see by the proposed landscape plan we have utilized the existing trees to the maximum extent possible and are relocating all mature oaks and royal palms disturbed by the proposed construction. In the areas of the project where the parking areas are being reworked we have provided all required trees. The previously approved site plan received a variance for required interior trees and therefore the areas not being changed do not meet the code. In order to rework these areas to meet the interior tree requirement we would be disturbing virtually all of the existing trees. As I stated earlier, we strived to maintain as many existing trees as possible. Proposed new trees are being Installed at heights varying from 16' to 30', well above the required 12' height by the code. We have greatly exceed the areas required for shrub and groundcover plantings to provide the center with a lush, softer parking area than nonnally is provided. 'No feel that although the/etter of the code has not oeen met With respect to the numbers, the utilization of the large mature tress along with the upgrades and enhancements furnished win provide for a superior project. If you have any questions please do not hesitate to call. Sincerely, JERRY TURNER & ASSOCIATES OF FLORIDA. INC. ~ Debora Turner Oster, ASLA President cc: Lefmark Florida, Inc. Levinson Associates 62 S.E. 6th AVENUE DELRA Y BEACH, FLORIDA 33483 (407) 276-0453 FAX (407) 272-7593 '. '. . . We the undersigned, owners of property in Silver Terrace for our protection against crime, to maintain our property values, and to beautify the area request a wall between Silver Terrace and the Delray Mall. ~.- _.~._--~-- -.-- ~' ------- , ~",' ~___ ,__.,~____·_u__ . ".,-". ,. ,V- ,·-£vV ~ ~~___o r--'- ....~_.._----~_.__. '" --- .J ¡ - ~.-'-'-~ ~ 'II) ------'. ItJ¡íO/?S~ - ~~~ -----.".-. '--'- -----, - ,-'-- -- -----~ - - ....~._._. --- .._- ---,...~-'"-_.-..- ----------- --...- ---.-. -~---- "---__.._.,,___...._u_____._n . '--.---.....-.----....----.--.,.- . ---- /O¡íO/9ö .Iff .' J /1 . '. ,k;, D¡íd,(. C 4/.1./ /IJ/ . ,If II 1 ~ J' --:>' , l,V.. ,<e ~. :J./L'"'7 " ~ .-(':' ) =-: + ¡._ "'T L- .-(~ ) . .' ,..',"-- ,; ~. ., '.\ . &(''1= . / /r:; ,/y ...-..c "<f- .. " , > I ï ...::¡ ,/ .~ .. J b- 1/,...;: I 0-0:'<, ~... /\ " 1..( 1 ,,', ;' ,) ,,"' f ., t."':t "'_ ~ / '-( " .) ,4 l"f, .'~ c &(..",.<, t-' J_~ k h1 1'-'" I" .-~....... t ~I . J' ^ -:{~¡¿ 1~11; /~~ 14 ~ , !ta:' (( ........ _~ ..... ~ ,0# ¿¿. .l:¿;_;:(¿U2k --.' ~. . t ) ./ / ~ ,7' ILc ~.. ", !/'// e é/ """, (7f / Ct.,,·, ~ . -"'....-' ,''(_,_ ~\- / -) r -, I -'"" /~, ( . ,~ .-t /1 '-Þ' /"--" :1 .', " (., l ~, ..; , I ./<--<-<~.,~ "-).~ '- ........ - ~¿ -1..-.-< t'· .-' _, I,,' - - ; .~ " -- J ( l " (;:: '.-{ <~-,",-'--"~--:_- --1~')--\'< - " /\ - ~--:( (f¿~¿ 61'/ ~; J ........-! ......... /, \ .~~"" ~.,.' ... .' ~,-rj L..;{/..; -.... ¡ ¿ /t '.. ,-1.. ; µ '- '-- .----:¡ ð? / ! 7-' '. t)I" /...: 1/'1 ',,- ..' v '. .." '-'.- -,-- . ì .,A:.. ,;). 1...4_1- ~ / - f ,. ... I -fj t>"> 11 . .- '--- ;>..(.. '''... (~ .,. aty am . " .' ~.~ ¡) (ÃaM ~ -104 '"- ð' ~7 a 'ìJcJ,R ~;ivv~ 4 ?l7a4 ~ d ~ ~O<G-<-" :Î/7.A4. ~ CCX/Vc.- .A.,v .m o/J..~!'o-t.- .~ ; ~o.~d::. It> 3 ~ rl odd.- av-<. JJ-d,or ß..R~. " . (" fl~~ . {' . . . [ITY DF DELAAY BEA[H 100 N,W. 15t AVENUE DELAA Y BEACH. FLORIDA 33444 407/743,7000 October 5, 1989 . - .-- Mr. Stephen R. Weiner s. R. Weiner and Associates, Incorporated l330 Boylston Street Chestnut Hill, Massachusetts 02167 Dear Mr. Weiner: Enclosed please find the original and executed copy of your letter of agreement dated september 6, 1989 to Mr. Malcolm Bird, Interim City Manager of Delray Beach. I am very pleased that we have reached agreement and conclusion on this item. On behalf of the City and the Planning and Zoning Department I. thank you for your cooperation and patience in resolving the question of this fence. Please do not hesitate to call if I can be of any assistance in additional items at the Mall or with any future projects in the City of Delray Beach. Sincerely, 1!1~;'£ ' St ley W don, Jr., AICP Assistant Planning Director cc: MalcoÍm Bird,,_Robert Barcinski, David Kovacs, Herb Thiele, Frank Spence, Stephen Schein, David Petkewich, Arthur ' -. Waìdstein, Albert Rocco, June Carr THE EFFORT ALWAYS MATTERS , - r S.R.WEINER ( .' '. : ANI> ASSOCIATES INCORPORATEO . September 6, 1989 . ..~ Mr. Malcolm Bird fi.hLEì'VElJ Interim City Manager SEP 08 1989 City Hall 100 NW First Avenue CITY MANAGER'S OFFICE Delray Beach, FL 33483 Dear Mr. Bird: This lett~r is intended to serve as an agreement b~tween W.R.I. Delray Associates Limited Partnership and the City of Delray Beach regarding the location and construction of a fence on Collins Avenue and Miami Boulevard as shown on drawing M-052, dated March 8, 1989, revised April 12, 1989, and accepted by W.R.I. as the construction document. The drawing represents the items initially addressed on November 30, 1987 when W.R.I. offered to contribute toward the construction of a fence. Therefore, as part of this agreement, W.R.I. will give to the City a check for five thousand dollars ($5,000) as acceptance of the City's proposed fence construction as shown on the above referenced drawing. The City's acceptance of the check will terminate any future financial obligations or future maintenance responsibilities for the fence by W.R.I., as no portion of the fence encroaches upon the property of W.R.I. With the signing of this agreement by the City, W.R.I. unde~stands that the terms are satisfactory to all involved. REA l ESTATE DEVEI.OPMENT I ~ ~ 0 BOYLSTON STREET CIIESTNIJT IIllL MASSAClIlJSETTS o 2 , 6 7 617·2~2.890() " ,. f (- , . ( S.R.WEINER ,. ANO "~~OC ATE~ INCORPORATEO September 6, 1989 Mr. Malcolm Bird Page 2 . If the above items are acceptable, please sign and return the counterpart of this agreement, and I will forward a check made payable to the "City of Delray Beach". Thank you for your time and cooperation. Very truly yours, Accepted by: ~ - 'v\ ð \. ,...t-I0S~ ~.R. . Delray Associates Intèri~City Manager Limited Partnership by: · . . City of Delray Beach S. R. Weiner & Associates, Inc. Delray Beach, FL cc: A. Rocco, J. Wilder, M. Brennan, T. DeSimone, K. Mulkern, A. Waldstein, A. Ciklin, R. Barcinski, S. Weedon, D. Kovacs, H. Thiele, S. Schein, H. Gordy, A. LeBlanc, D. petkewich, F. Spence ...... ,_. . . - M E M 0 R A N D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt'Jt1 SUBJECT: APPOINTMENT OF PERSONS 13-19 YEARS OF AGE TO THE POMPEY PARK ADVISORY COMMITTEE DATE: OCTOBER 3, 1995 There are two (2) vacancies on the Pompey Park Advisory Committee for persons in the 13 to 19 years age group. The first vacancy is for a full two-year term ending September 13, 1997. The second vacancy is for an unexpired term ending September 13, 1996 due to an automatic resignation. Applications have been received from the following persons: Amy Azam Albert C. Mickens Neither of the above person are property owners and, therefore, checks for code violations and/or municipal liens were not conducted. The order of appointment will be as follows: Mayor Lynch - Appoint one (1) member 13 to 19 years age (Seat 115) group to a term ending September 13, 1997 Commissioner Smith - Appoint one (1) member 13 to 19 years age (Seat Ill) group to a term ending September 13, 1996 Recommend appointments of two (2) persons with terms ending September 13, 1997 and September 13, 1996. pomm.doc ~(5J ~mch ~~~ ';-6 ~.~ " rbu¡ ~ J-O 9·£· . . r CITY OF DELRAY BEACH l BOARD MEMBER APPLICATION NAME Amy Azam (15 years of a2e) 200 Ross Drive; Delray Beach, FL 33445 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE 265-0517 BUSINESS PHONE 279-1710 (Carver Middle) ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Pompey Park Advisory Committee LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS attending Carver Middle S~hnn' . . LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR'PRESENT, OR MOST RECENT EMPLOYER, AND POSITION DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD active in sports and community minded PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ( 9/23/94 SIGNATURE . DATE 4/90 . . . ,. CITY OF DEL RAY BEACH BOARD MEMBER APPLICATION NAME flbFyf '-f 4 '?" th P INCIPAL BU INESS ADDRESS (Street, City, Zip Code) ttl0:l¿) HOME PHONE 'L¡3 -L.¡? 7':2- BUSINESS PHONE ON WHAT BO~S ARE YOU INTERESTED IN SERVING ~-("~L_r-~cf!,r 7Tl-; o.r ~ ()P~tl rD~II,Ò~\ I'W t"11~ <'1lhrtinble, , ~Ù b:lt> ~ J tP rLr \c.. LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ¡J/A EDUCATIONAL QUALIFICATIONS ~"\ ('-..L S.p 'V\ ~ v 0..1 S (""'I':' '5 ~ R, 11'€.'Í t,/Ir Schoo I nN1~ L'VVI n l'".>ð tà DC T 5 ~i.l('J--t> V\ I-J lA} I J-J, JI1lr~J' In wo....k;r'\(j 1r,r H.~ (';~ c1- Di-lrl'J ß-ec.ch. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD AJIA "J:«'L ~. GIVE YOUR 'PRESENT, OR MOST RECENT EMPLOYER, AND POSITION CLW VI -e.rVICE' 7): r<, ¡-¡;;f)W1D~ ) Co - [¡Jo rlc-e>r . DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARDZ-;~VY\h'ìl\ÄY1 ;crJ-e ~pll 1/1../;/-1, (' h/ Idv-Pr"\<\) OJ!m rJ>ppfr.cJéAblr- t;~;-r~Z::~~1~';1~ð ~ ;/:SD:I~ß~I~L~~ ~~~t'~qJ PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY C SE TURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. 7-//-95 DATE 4/90 . · < .. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~~~ITY MANAGER SUBJECT: AGENDA ITEM :II: CfF - MEETING OF OCTOBER 10. 1995 SPECIAL EVENT REOUEST/BLUES FEST DATE: OCTOBER 6, 1995 City Commission is request to approve Blues Fest on Sunday, October 22, 1995, from 3:00 p.m. to 10:00 p.m. , a fund raising event for the Community Child Care Center initiated by the Joint Venture and sponsored by the Back Room Blues Bar. The approval includes: ** Closure of Atlantic Avenue from Swinton Avenue to N.E./S.E. 1st Avenue; ** Use and installation of the City's small stage; ** Police security (numbers to be determined); ** Waiver of the noise ordinance; ** Trash collection assistance from City staff; ** City staff assistance for table and chair setup and pickup; ** Waiver of City overtime charges. This event is set up similar to the Summer Nights program. Overtime estimates are about $1,000 for the event. It is my understanding that the property owners on Swinton Avenue had no problems with noise last summer when the Summer Nights event was held in the same location. Recommend consideration of approval of the event, staff assistance and a 50/50 split of overtime costs. Vì7~ !õ ~ wI Sõ/S'D or~ S-o ref:agmemo7 " ~CT-ø5-95 THU 1214:1217 PM P.02' October 5, 1995 Mr. Robert Barcinski Assistant City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Barcinski: In an effort to support charities within our community, the Downtown Joint Venture has been acting as a conduit between merchants on the avenue wishing to do fundraising events, and with individual charities in Delray Beach. A fundraising event has been planned by the Back Room for Sunday, October 22, 1995, benefiting the Community Child Care Center. The event is planned for the street in the front of the Back Room, as was used in the Summer Nights on The Avenue promotion this summer. In order for this even t to be successful, there are some needs of the city on the day of the event: Atlantic Avenue to be closed at Swinton Avenue and at NE 1st Avenue from 3:00 p.m. - 10:00 p.m. Half of the city small stage will need to be placed in the street facing east, with the back of the stage at Swinton Avenue ( this will project the sound from the bands away from the residential neighborhood along Swinton Avenue). Cardboard trash containers will be needed on both sidewalks. We also request that the open container ordinance and the noise ordinance be waived for the same time for this area. The location to be included in this waiver is Atlantic Avenue, between Swinton and NE/SE 1st Avenue, including the lawn area at Old School Square. The Chamber of Commerce tables, umbrellas and chairs will need to be set up in the street as was done throughout the summer. A waiver of overtime is requested for this event. There will be no admission charge because of the ~--- --..,- - - y . . . " ?CT-05-95 THU 04:08 PM P.03, difficulty in controlling an unfenced area, therefore, arrangements have been made for both vendor and individual contributions to the Community Child Care Center effort. Once again, thanks in advance for your terrific support! Sincerely, ~ \lwv'~ rer, Downtown Coordinator . '. - M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: ßØ6ITY MANAGER SUBJECT: AGENDA ITEM i 10 A . - MEETING OF OCTOBER 10. 1995 PUBLIC HEARING ON ALTERNATIVE METHODS OF GARBAGE COLLECTION DATE: OCTOBER 6, 1995 At the September 12th workshop, Mr. Floyd Cherry of Waste Management made a presentation relative to alternative methods of garbage collection. It was the consensus of the Commission to hold a public hearing on the proposals with direction to staff to advertise and schedule for October 10, 1995. Mr. Safford will make an initial presentation to overview this item, followed by the public hearing. ref:agmemo10 . ' . I I - ce: ,Ill iSo^-, v ( NOTICE OF PU.BLIC HEARING THE CITY OF DELRAY.-aEACH IS CON- SIDERING ALTERNATIVE METHODS OF ' GARBAGE COLLECTION. THJS WOULD INCLUDE '-STANDARDIZED " CURBSIDE ,_ SERVICE AND THE USE OF CARTS. ALL CONCERNED CITIZENS ARE INVITED TO ATTEND· A PUBLIC HEARING ON OCTOBER 10, 1995 AT 7:00 ~M. AT CITY HALL, 100N.W. FIRST AVENUE, DELRAY (' BEACH,' -FLORIDA,-ATWHICHTIMETHESE ALTERNATIVE METHODS WILL' BE , .'DISC~SSED. -' .',è Director of Fin~nce ";'- , ' " ' City of Delray Beach . ... . , Publish: September 29,1995 -' , The News' , Boca Raton/Delray Beach Ad #721 0!)9 ' ( . .. ¡;: c .+:;: ("J ~ e .ç::., ê ¡;: c .+:;: ("J ~ .¡;... ~ ~ ~ .8 ~ .-. ~ ~ .8 .m ~ ~! ·t _. ~ ~ ~i1¡ ~ ~w ~ @§¥' ~ ~ ~ .~ ~ õ __ 0 .ç::., ~ ~ ~ ~ '" ~ ~ tl:: 0 ¡1- . r'V"I ~ <( ~ ~~ ~~ ~~ ~l ---.---..-. - ._~ - -- -~--- -.---- QJ o 10-. .~ tf. 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I;/) .... 2:' 'Q ~ 8:;" ~ ¡!1. ~ ~ ~ ~ 0 g ~ e; ::; :" ~ ~ 0 "'~"1~~ ~n~",(1)>+,tt",,(1) ~.~ ~ ~ (;) r-+ :::, 0 ;;;- (t :3 ~ ..... 0 '< ~. ¡:: (1 ::;h c:: ~ 1;/)", rt' . ---..-.---.--- .-- ---- ---.- rALH BE1\CH G1\HVENS G1\RBAGE RATES Single Family Unit Rnlül $6.U5 per month Includes: 2 days/week Garbage 1 day/week Vegetation (unlimited) 1 day/week Bulk ItemB 1 day/wonk Recycling Multi-family Unit Hate: $5.52 per month (with curbside collection) Containerized Multi-family Unit Rate: $4.60 per month . 'rHERE IS NO CONTAINER RENTAL CHARGE. - Commercial Hate -- Collection f.. Container Rentall $1. 85 per cubic yard For example - 2 cub 1 c Yél1-dA - Ix per week '" $37. 50 per month <1 cub'ic ytlrdA - 1>< per week '" $75.00 per month *These rate are locked in for the life of the contract (5 years) NO increases. , WMX neqotiated with the City of Palm Deach Gardens staff. This resulted in an approxilllaLe__$400,OOO.OO a year in sl1vings. WMX was Hot the low bidder - the City selected WMX and saved another $400,000.OU a yeaL' by ueil1q the competitive bid ?roëessó , SAVINGS - $800,000.00 each year for a total of $4,000,000.00 for the 5 year agreement. . . . ~ ,4B·.:~ THE PALM BEACH POST THURSDAY, MARCH 18, 1993 L< - ,.-... .. "'\-, - . Agency negotiates rate cut for county trash collection By GEORGE BENNETT \Vastc Authority chief's contracL OI('d Palm Beach Post Starf Writer WEST PALM BEACH - Hes- idents of the unincorporated parts WEST PALM BEACH - was named acting executive di- oCPalm Beach County will save an The new head of the Solid rector in October after 17 -year average of 42 percent on their Waste Authority, Donald Lock- director Tim Hunt's contract garbage bills and businesses will hart, will get an $83,000 salary, was not renewed. cut their trash collection costs in a $400-a-month car allowance Lockhart's salary was half under new con tracts approved and six months of severanèe $67,538 as a managing director ' Wednesday. pay if he is fired. and $78,021 as acting executive The savings came about after Lockhart's contract was ap- director. Lockhart received a the Solid .Waste Authority. put the proved, Wednesday by county $350-a-month car allowance un- . trash hauling contracts out for commissioners acting as the au- til January 1991, when the prac- competitive bid for the first time in thority board. I-Ie never applied tice was discontinued for all 13 years. Since 1980, haulers with for the executive director's post employees. 'contracts have renegotiated their but was asked to fill it last HuIit wàs earning $89,211 agreements when they expired month after commissioners said· when he left. fªther than face competition from they were dissatisfied with a Commissioners approved other companies. nationwide search. Lockhart's contract unanimous- - "ThIs was an example of gov- Lockhart, 42, has held one Iy and without discussion ernment at its finest," said Harold of the authority's two managing Wednesday. It runs for three Ostrow, the ch,airn1an of the director posts since 1987. I-Ie years, with one-year options. SWA's Citizens Advisory Commit~ tee.' "This is, an instance of gov- Some highlights of the new apartment dwellers and 51 percent emment actmg m the true best con tracts: for businesses in those areas. interests of the publIc." D In unincorporated areas east . In the western part of the The contracts affect more than of Florida's Turnpike and the C-18 county, single-family collection 200,000 homeowners in 10 dis- canal, the average resident of a costs will increase from $153 to ' tricts and take effect Oct. 1. Over single-family home can expect to $155.40. Per-unit apartment as- five years, the contracts are ex- pay $63.82 for trash pick-up in- sessments will drop 30 percent, ,pec~ed to save rcsidents and busi- stead of the current $108.31 -: a and commercial rates will decline nesses about $58 mIllIon com- 41 percent savings. Apartment 29 percen t. '. päred wItl1 U1e prevIOus hve-year residents would save 55 percent "I I believe that we truly have . and businesses 49 percent. shown the better face of govern- agrcements. Ibtes vary in each of the 10 II Residen ts of Wellington, ment," said commISSIOner Carol districts, depending on the bid Royal Palm Beach and other areas Roberts, the chairwoman of the submitted by thc six companies west of the Turnpike and east of SWA board: providing garbage service. No one 20-mile bend can expect a 35 per- Roberts credi ted Brownim!- company was allowed to serve cent reduction in thcir trash bills. Ferns' Industries with helping more than four districts. The savings will be tl6 percent for open up the bId process. .~ ,',~1 ...."_,} . . '.. ," :, '..'; . RECEIVED Æ~.:,£..;:..~l O"1-:~ò~!?-.,,12w.'try;X·F~Jfrp(~^!.,,J~lj ~N .y ou f) 15 C V 5.f>,.T.~}l ,'Ie . . ..~"·',r"~'i,,;¡"h"";' '~~'f:j::, ":".'.. . OCT - 21995 IN II 5rç,~j¡ N~-G Þ7.,,~,R.71f*'ít~~?l1 ~~"/~,4;,.) A 1< tf. 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'l>' " . , -,-,.,.--- ()i2.f¿~Jl..~1'rtlJ:.-M-..w.£.ߣ. ON ÂW ¡{/1.i:.";" ;;1-1 A T_...J/"I ~jJ:LLU2 ., ·00'_, $-t-Ðð.. . oi;O-¡<l' P (Ó ¡.( V p , ~ri:l rflft. e X l'... ;Ç P .,.. I tJ f\,r -º.f!- -- , _,_.._ Ll/VO ~I!M'1 L' ¡:;*~ A ¡"i-"p~#rEP;¡~.D) ðN~E Pt!'fLJ/v' ;;¿''F:'~ , .' . t ~.. ' .'" , f;¡"'''i /,~h·. ... '. .. ...<'i"" ,. _...___...__' (lQÆ e~~t(;E:~ a Ii f?" ;t'g.;jd/i~:" -r ;r~~¡:'b>-rHi'R" -rwtJ .~ '. ", . ,; ;'';-,~ ··,:".'"t,. ',':,-, "., ".'-' j '<"~';!}f..·"·¡ !:'!>;~;", ,-,~-,- .'__m..._____ _ .W~ "t )~b'L -r w JCF/.wE:b.-l~) ~0tr8t?I.o /:'-;> C A if", ?tr;~.· Vp~¡. , -,' ;~ \ ,'-" , ;' " ; " - '" " , - , " . '," ", ~' <._. :- _,;",,', ,: ' .__ ','. .... ": , ,"'1 .._________. .Kc OM!?' ':W"G '>-=J!/J"- If 1.1- \J' '(/~t;:,o S'êD-rC) -rWI~t!: / ~N¿:.-I;~·.~..' '~i: ·C i,f ',,;,.< ,. ,:',1 ~,>:,~:¡¡¡, ,0<,'. " '.' ,(: .. .·.":j{f,}i~,'.,, _u. ____ .____ BQ. r' ££1- r: I '.,- ;W,q.5 V N ,vi' ç,. þ~ 5 6 fH~ v' ",q 5 VJL.:M ~' 16 tit n '~iN ~ '.:.' , ..' . . '¡,': "'.. . ~:. .~ i¡. ,,~,:,. . -.'----- ~() . "PÆÇY1Rf,,€{'f r~ t1~/~.~ r~,,:f;'\« HEfi~,tF.." 1\16~"?YP·.'·''-~l;:¡t~,4·,,,,'¡ ____._u_ 0 ",;ir;p.:,<, ',;:,' · '. , <~;~~:~\t't'~; ,.,;, ':, " .'. ..~ )'.' ': ~;, it'}' ;~i,î,'~I{'~J': ',;+ -.-------- ---- ... ..~-.">- ._-~-_..._.- ... ~ .,~ :" tL~ -- ---- ...,-----.--- ---_..~ ~__·__A.____...__._. -' --.--.'-- ....~-, i !,-: ~ 1--, --- --'~.- ------- ---- - ". ..'.'-.,-........-. · " M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM i /0 ·8· - MEETING OF OCTOBER 10. 1995 ORDINANCE NO. 49-95 (GARBAGE RATES) DATE: OCTOBER 6, 1995 Ordinance No. 49-95 reflects the proposed increases in the rates charged for garbage, recycling and trash services for residential and commercial customers, based on a 2. 7% increase to reflect the Consumer Price Index. At the September 5th regular meeting, Commission passed this ordinance on first reading (4 to 0 vote) and it was scheduled for public hearing on September 19th. At the September 12th workshop, however, Mr. Cherry from Waste Management presented three proposals for garbage collection. The consensus of the Commission was that while they might be receptive to some change in service and rates, they wanted the opportunity to hear from the public and scheduled a public hearing on October 10, 1995, for this purpose. Waste Management agreed to keep the current rates in effect until November 1, 1995. Therefore, final consideration for Ordinance No. 49-95 was continued on September 19th to the date certain of October 10, 1995, for appropriate disposition after hearing from our citizens. Recommend Commission discretion based upon input received from the public hearing. p~ 4-0 wl~ I:ir ~ ~ (J.e. . 11/1/95) ref:agmemo18 ORDINANCE NO. 49-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, BY AMENDING I, SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR AN INCREASE IN THE RATES CHARGED FOR GARBAGE, I; RECYCLING AND TRASH SERVICES PROVIDED TO " RESIDENTIAL AND COMMERCIAL CUSTOMERS; PROVIDING A Ii Ii GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN Ii EFFECTIVE DATE. Ii " NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I II Ii CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: I; I' Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Ii Subheading "Rates and Charges", Section 51.70, "Regular Charges Levied", of the Code of Ordinances I! of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Ii ! Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for garbage and trash service: i (A) Charges for the below-described garbage and trash pickup service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.72: I I , I (1) For those customers receiving Type A, roll-out cart service, the service charge I; shall be $15.43 $15.82 per month for garbage and trash pickup. However the levy for "Tropic Palms and !; ¡¡ Palms of Delray" (known as Type F) shall be mA+.$.U.1K per month for garbage and trash pickup. II 'I Ii (2) For those customers receiving Type B, rear-door/side-door service, the service " !i 'I charge shall be ~ $UMper month for garbage and trash pickup. However, the levy for the area II I bordered by N.W. 22nd Street on the north, Old Dixie Highway on the east, Lake Ida Road on the south I and N.E. 2nd Avenue on the west (known as Type G) shall be ~ lliM per month for garbage and I trash pickup. Ii (3) For those customer receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be $&M) .$2.52 per month for garbage and Ii household trash pickup. II Ii Ii 1 Ord. No. 49-95 P j ~ i: " ...,- . -"- --~--"- II I I (4) For those customers receiving Type D, curbside in owner's container (or for I , those customers who, by reason of disability, as certified by a doctor and previously approved by the city, are unable to place refuse containers on the street, and whose collection by the city or its contractor I 'I is thus pursuant to the Type B, rear-doorlside-door service), the service charge shall be $10.88 $l1....l6 Ii per month for garbage and trash pickup. And the levy for the area bordered by S.W. 10th Street on the II north, Federal Highway on the east, Linton Boulevard on the south, and 1-95 on the west (known as Type " H) shall be $13.8(; ll4.2l per month for garbage and trash pickup with the exception of the Silver ~ . Terrace Subdivision which shall be Type D at $11.16 per month. ¡, I i' Notes: ii (a) Residential customers shall be assessed a ~ S2.22. per unit charge for f recycling service (included in rates set forth above). ¡ i (b) Residential customers shall be assessed a $.B+ .t23. per unit charge for separate vegetation collection services for all curbside residential dwelling units (included in rates set forth above). The effective date for this service is October I, 1992. (B) Mechanical containers and commercial refuse container service. (1) For customers receiving Type E, mechanical containers and commercial refuse container service, the service charge shall be based upon the following for such garbage and trash services: Container Size Pickups Residential Monthly Container Commercial Monthly Container ! (Square Yard) Per Week Charge (Collection Charge Only) Charge (Collection and Disposal , Charge) , i 2 1 ~ lliM ~ ~ 3 1 ~ ~ ~ -81..23. 4 1 ð&49 Q1,]!! ~ .1M..8.5. 6 1 ~ ~ ~ l5AJ..2 8 1 ~ .ll2.12 ~ l.2U8 2 2 ~ TIM. ~ 116.70 3 2 -l-%M .illM2 ~ ill..2.6 4 2 ~ l11..M ~ .2..LU4 I 6 2 ~ tlL2l ~ 1OU1 ! 8 2 ~ 232..l2 ~ 12Dl 2 3 ~ lli..m +&+-:8() ru..n 3 3 ~ .l6JJl2 ~ ~ 4 3 +99-:9+ lli...2l ~ ruM , 6 3 ~ 2.8.6....8.5. ~ ill,2Z , I ì 2 Ord. No. 49-95 ---,.__.~~_.__.,-"-- _....__._~^.~...~.______ --- ,__...._.__.~__.,,' "' ·~,__~~O__"_·__'" '"___ r"__·~.'-._ ...___.__._....____....__..._. ,_. _ _ ~__ __.~________..___"__.~....._..,~.____" .,,~_~_._~_...__ .---- í -_. --..,--" . ,"- '--, ii ì 'I ~ ~ .m.J1 I !: 8 3 ~ 2 4 ~ lli..11 ~ 211...83. , i 3 4 ~ 2.l..UQ ~ lliA2 4 4 ~ 21.l.1.5. ~ ~ , 6 4 ~ 1R..41 ~ ill.16 8 4 ~ 41.8....61 ~ 12.lJl.6 2 5 ~ lMJ1 278.57 291.94 I 3 5 ~ 21l..1l ~ fi8..li I· 4 5 ~ J4M2 ~ ~ 6 5 ~ 118Æ ~ .IN..2A 8 5 m-,oo ~ ~ 988.47 2 6 ~ 213....18 ~ 32Q2 3 6 ~ lliJM ~ ~ 4 6 m.,w ~ ~ 642.11 6 6 ~ ~ ~ m...u 8 6 ~ 11J..:l!l 1,127.87 1.186.37 (2) Multiple-family dwelling units containing five units or more shall use containers emptied by mechanical means, except as otherwise approved by the city because of lack of suitable space for a mechanical container or other good reason. (3) Commercial customers shall use mechanical containers and commercial refuse container service (Type E). Commercial customers shall include, but not be limited to, all office buildings, stores, filling stations, service establishments, light industry, schools, churches, clubs, lodges, motels, laundries, hotels, public buildings, food service, and lodging establishments. Commercial customers may use any of the following containers for accumulation of refuse: (a) Commercial refuse containers. The city shall require any commercial customer needing more than six refuse containers to use mechanical containers, if feasible. I (b) Mechanical containers. I J i (4) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the city or its contractors, and which are convenient for collection by the city or its contractors. (5) Containers emptied by mechanical means shall be provided by the city or its contractors. These containers shall be emptied on a schedule mutually agreed upon by the customer and the city or its contractors, but not less than one day a week nor more than six days a week. Maintenance ofthat container shall be as set forth in this chapter; however, the city's contractors shall not impose any separate or additional charges to customers or to the city for the rental or routine/regular maintenance of such containers that may be performed by the city's contractors. 3 Ord. No. 49-95 i ___.__~.~.'~_.__.. _<.~__~.___'___"'_~..., ,______.__.e.·~_______________,_.____"___,~_._........___..._....~ - ,--~--- " .~_ > r___... ~ -----.,.. '! I¡ !! (6) Commercial customers needing less than six refuse containers, and those " approved for this type of service by the city in advance because they lack a suitable location for a Ii mechanical container shall also be serviced at least once per week. All garbage and commercial trash I! Ii shall be collected from such refuse containers at locations agreed to between the city or its contractors " I, and the customer. The charge shall be based upon the following for such garbage and trash services: ii " 90-Gallon Cart Service Pick-ups per Week Monthly Charge 1 ~ lli..Ql I 2 ~ 12M , 3 +l-h94 .lli.2Q 4 ~ .ill.21: 5 ~ ml.2l 6 ~ 227.82 (C) The charges set forth above for mechanical containers and commercial refuse I container service (Type E) shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the city or provided by the city's contractors shall be used. Where more than one user is serviced by one contractor, the monthly charges shall be levied to each customer by dividing the total monthly cost by the number of customers using that container; however, in no event shall the monthly service charge be less than ~ ~ for residential dumpster service and ~ .$.51.16 for commercial dumpster service. The term ; "CUSTOMER" as employed herein is any person using the service or to whom the service is available. , Even if the customer is different from the person who is actually billed for or pays for the service, the minimum monthly charge referred to above shall be calculated as to each customer. (D) Commercial rates for recycling: Container Size Pick-ups Per Week Recycling Monthly Billing Rates I: (Square Yard) I: i 96 gal 1 $+&A.+ lli..2.Q ;: i: 2 1 44M üH 3 1 ~ ~ 4 1 ~ ~ 6 1 -Wé-:4é J..OU.3. 8 1 ~ l.1l.21 96 gal 2 ~ 2M2 ¡ , 4 Ord. No. 49-95 I . - - '~""" '.~, ..- --, '-~.<-.. .. - .--. . ._--, ~ ~ -_...-- ~'---'--'~_.""--"'-'~'.'- 2 2 ~ 62..ll 3 2 8-+.-99 m..z 4 2 ~ .ill..Jl 6 2 ++4-BQ l12...62 8 2 mri9 229.84 96 gal 3 ~ TI..2.3. 2 3 ~ 2lA2 3 3 ~ 119.37 4 3 ~ .ill.J.6 6 3 ~ 259.96 8 3 ~ 323.56 96 gal 4 ~ ~ ; 2 4 .J..l-h9() .l.l.4..22 i , 3 4 ~ 149.50 I 4 4 ~ 22.Q.2Q 6 4 J.W.:+J- lli....U! 8 4 ~ lliJ..Q 96 gal 5 ~ ~ I 2 5 H4ri() illJA I 3 5 ~ 178.51 4 5 ~ 2lln 6 5 ~ lli.21 8 5 ~ .5..Q.8..l6 I 96 gal 6 ~ ~ I, 2 6 ~ 161.77 3 6 ~ .2..Q1..5l 4 6 ~ 314.63 6 6 ~ 457.45 8 6 ~ 601.36 I (E) Multi-Family Rates for Recycling: Multi-family units which do not receive curbside recycling service shall be assessed a monthly charge of $+rl4 ìLl2 per unit which shall be billed by the Contractor. 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 I ì 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 I Ii Ii the part declared to be invalid. I II I 5 Ord. No. 49-95 · __ _.. N' -.--..- ...~~ .., ._,._.~_..~-~. ,,-. --- w _._,~.~. .-.d -,-.---,", ,,----,.' -- ...-,-,"', .- ,~ -~..-_.. - ~-~ .'. -- .... --~, _....~'--_. .".., -"..--....- "....'..---,- I i Section 4. That this ordinance shall become effective immediately upon passage on i , I ! , second and final reading, and the changes set forth herein shall be applicable to all bills rendered on or I after November 1, 1995. ! ¡ PASSED AND ADOPTED in regular session on second and final reading on this the I ~ 10th day of October , 1995. " ~~ ¡ ATTEST: I ¡ I o !//llID'fìjJ"r. Jä up J./n.-d( City Clerk First Reading September 5, 1995 Second Reading October 10, 1995 I I I 6 Ord. No. 49-95 . 01( tJÞ( £ITY DF DELHAY BEA£H CITY AnORNEY'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 L 0 . I D A ~ AI~America City MEMORANDUM , III I! DATE: October 5, 1995 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Land Exchanie Aireement with Ebenezer Wesleyan Methodist Church After meaningful negotiations, the City Attorney's Office was able to come to an agreement with Ebenezer Wesleyan Methodist Church regarding the land matters at S.W. 2nd Street and S.W. 7th Avenue. As you recall, the City owns a rectangular parcel which is located between two Church owned parcels. The Church originally asked the City to donate the 23' x 135' lot to the Church. The City Commission did not want to donate the land to the Church and directed the City Attorney's Office to work out a different solution. The attached agreement will provide the mechanism for the City and the Church to swap two parcels of land. The Church will convey to the City a 50 foot by 50 foot portion of property. This property is adjacent to the City's lift station parcel and will allow the City to donate a lot for the creation of affordable housing. The lot will front onto S.W. 7th Avenue. In return, the City is providing the church with a parcel of land which is approximately 135 feet by 23 feet. This parcel is located between two parcels which the Church currently owns. Acquisition of this parcel will require the Church to file a unity of title in order to combine all of their parcels into one. If you have any questions, please call. DNT:smk ~ tf-o Attachments 10//0/95 cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Lula Butler, Director of Community Improvement Diane Dominguez, Director of Planning and Zoning eben,dnt /O·e· @ Pnnfed on Recycled Paper . . t RESOLUTION NO. 72-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING PURSUANT TO SECTION 36.35(B) OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, FLORIDA, THE EXCHANGE OF CERTAIN REAL PROPERTY OWNED BY THE CITY OF DELRA Y BEACH AND EBENEZER WESLEY AN METHODIST CHURCH, GENERALLY LOCATED AT THE INTERSECTION OF S.W. 6TH AVENUE AND S.W. 2ND STREET; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH EXCHANGE. WHEREAS, the City of Delray Beach is. the owner of property more particularly I described as follows: The South 135.00 feet of Block 14, less the East 145.60 feet thereof and less the West 135.0 feet thereof, according to the plat of the Map of Linton (now Delray Beach), as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. WHEREAS, Ebenezer Wesleyan Methodist Church is the owner of certain real property ! more particularly described as follows: The North 50 feet of the East 50 feet oft the West 135 feet of the South 135 feet of Block 14, Town of Delray, according to the plat thereof recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. WHEREAS, the City Commission of the City of Delray Beach has determined that it : would be in the best interest of the City to exchange the above-referenced real property owned by the ; City with the above-referenced real property owned by Ebenezer Wesleyan Methodist Church pursuant to the terms and conditions contained in the contract attached hereto as Exhibit" A" and incorporated herein by reference. I I , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE: CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: I Section 1. That the City Commission of the City of Delray Beach, Florida, does hereby authorize the Mayor to execute a standard form general warranty deed of the above-described real I property located in the City of Delray Beach conveying same to Ebenezer Wesleyan Methodist Church in accordance with the terms and conditions of the exchange as set forth in this Resolution. . . t 1 ! PASSED AND ADOPTED in regular session on this the ...l.Ø:h day of OC-fob~f>. ,1995. f?#~/'- ATTEST: (1/, ~'f!)J~kiL.p IIrJLty City Clerk eben,ord I I I 2 ORD NO, 72-95 . ~ . - I' ~ . ,,1'.' .",': ,,~ .0 r ~ i:S t.ù I ÅJ€"J\J~ ~ .. . ,,. .. _..- . ...~. " . . __._..,...... ~.¡.'... 'L_~,. .... .. I tc: "r- ~""~ ~ I; " ,- . . ;.~ . .:~ . ! \... ' ~.~.....",..-" f· . . . ~\ "I ',. I-·~ ".. ~ _A~ . ~~_ ::' 5:~ ~~ ..1. ~.. ~ ~s-,' .:: :--: - --- _I'" .. ='" . . .} . . ,.~ i : _ 1_ ~ r- . . It:: ,I '" . l ! !-j; : § ; " :;.1 I_ ," : r-r.. ,_ ~ r-- ~ ~ :'UL!: ~ . ") ... <II þ --i - t. . , <7..' ~§ i·" ~ I. I . ~ ~9 ~ :: ~ . I . ,~~ ~- - ~'1~ ~ I :- 1 i' - ~- ~ i·' i ~ - ~") - r"\ ! ~: I ~ _ ~e <:..¡.¡. . -'~ i ~ : ~ -o.. ~'.. ~ . ,"' I I~' .~ ~ I .'~.. - . .. If' -...-- - I ".~. . ~ h.\ . . ~ . . ' . ..' . : I . :t .. '"':' .'~'-'. ' ~ · 0'" . ~ \..' . ._ ~ : ;0 . ~ . "'\ . ........ .... I f'\. ,,: 1 . :" ~...... " ... -:t. ". -. .... . ~ . . .,~ . ........, /~',...J. ~ ..' .~.. . --.- "\. 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I.i=~ . ... ~ -:: . t t ;: ;. . - LAND EXCHANGE AGREEMENT TmS AGREEMENT, made this day of , 1995, by and between EBENEZER WESLEY AN METHODIST CHURCH, a Florida corporation, with its principal place of business at 201 S.W. 6th Avenue, Delray Beach, Florida 33444 (hereinafter referred to as "CHURCH") and the CITY OF DELRA Y BEACH, FLORIDA, having its principal place of business at 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (hereinafter referred to as "DELRAY" or the "CITY"). WIT N E SSE T H: WHEREAS, CHURCH is the owner of certain real property located in Palm Beach County, Florida, as more particularly described on Exhibit "A" attached hereto (hereinafter referred to as the "Church Parcel"), which DELRAY wishes to acquire for municipal purposes; and WHEREAS, DELRA Y is the owner of certain real property located in Palm Beach County, Florida, as more particularly described on Exhibit "B" attached hereto (hereinafter referred to as the "Delray Parcel"), which CHURCH wishes to acquire for use in the expansion of its property; and NOW, THEREFORE, for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the covenants and agreements contained herein, the parties do hereby agree as follows: 1. Conveyance of Church Parcel. CHURCH hereby agrees to convey to DELRAY the Church Parcel. 2. Conveyance of Delr~ Parcel. DELRA Y hereby agrees to convey to CHURCH the Delray Parcel. 3. Resulting Properties. As a result of the conveyances of the properties between the parties described in Paragraphs 1 and 2 and the combination with existing holdings, CHURCH total property is described on Exhibit "C". These properties are referred to herein as "Church Holdings". . ' · . 4. Property Value. For purposes of this Agreement, the value of the Church Parcel shall be deemed to equal the value of the Delray Parcel, which shall be the most recent assessed value, as detennined by the Palm Beach County Property Appraiser. 5. Closing Date. This transaction shall be closed within forty-five (45) days following the effective date of this Agreement. The closing shall take place at the offices of Delray's attorney or at such other place in Palm Beach County as DELRAY may specify. At the time of closing, the deed and possession of the Church Parcel shall be delivered to DELRA Y. The deed and possession of the Delray Parcel shall be delivered to CHURCH at time of closing. 6. Evidence of Title. On or before thirty (30) days following the effective date of this Agreement, DELRA Y shall obtain, at DELRA V'S expense, a title guaranty commitment (together with copies of all exceptions listed therein) in the amount of the property value established in Paragraph 4, issued by a title insurance company acceptable to DELRA Y, agreeing to issue to DELRAY upon the recording of the deed heretofore mentioned, a title insurance policy in the amount set forth above and insuring DELRA V'S title to the Church Parcel. The title commitment shall make no exceptions except those agreed to by DELRA Y. In addition, on or before thirty (30) days following the effective date of this Agreement, CHURCH shall provide at its own expense, a title guaranty commitment (together with copies of all exceptions listed therein) in the amount of the property value established in Paragraph 4, agreeing to issue to CHURCH upon the recording of the deed heretofore mentioned, a title insurance policy in the amount set forth above and insuring CHURCH'S title to the Delray Parcel. The title commitment shall make no exceptions except those agreed to by CHURCH. If the title commitment for either the Church P;µ-cel or the Delray Parcel contains encumbrances or title defects subject to which the parcels will be conveyed, (except that the parties hereto agree that any matter which shall be discharged at closing shall not be considered an encumbrance or title defect for the purpose of this Paragraph), the party insured by such commitment shall have fifteen (15) days from receipt of the commitment to notify the issuing party of its objections to such additional encumbrances or title defects. If such notice is not given within such fifteen (15) day period, the insured party shall be conclusively deemed 2 · to have waived all defects in, or encumbrances on the title to the premises insured expect such as may occur subsequent to the effective date of the commitment. If the insured party shall give valid notice of defects or encumbrances, and if said defects render title unmarketable or otherwise not agreed to hereunder, the issuing party shall have ninety (90) days from receipt of the notice to cure such defects. If after said period th~ defects shall not have been cured, the insured party shall have the option of: (1) accepting title as it then is; or (2) terminating this Agreement whereupon each party shall be released from all further obligations under this Agreement. 7. Surv~ . Either party hereto, at such party's expense, within the time allowed to deliver the evidence of title and to examine same as set forth in Paragraph 6 above, may have the parcel which such party is to receive surveyed and certified by a registered Florida surveyor. If the survey shows any encroachment on the parcel, the same shall be treated as a title defect. 8. Stamps and Recording. CHURCH shall pay for the state documentary stamps to be affixed to the deed required herein and the cost of drafting and recording any corrective instruments required herein. The cost of recording the deeds shall also be paid by CHURCH. 9. Documents for Closing. The attorney or other agent for DELRAY shall prepare the deeds, closing statements and affidavits of liem and parties in possession for both parties. Copies of the closing documents shall be provided to DELRAY and CHURCH'S representatives for review and approval at least ten (10) days prior to the scheduled closing date. 10. Condition Precedent to Closing. This Agreement is subject to and conditioned upon the execution of a unity of title by CHURCH prior to the closing of this transaction, in a fonn acceptable to DELRA Y encompassing all of the CHURCH'S property as described in Exhibit "C". The unity of title shall be recorded in the public records by CHURCH, and shall be a covenant running with the land and such land use restriction shall not be considered a title defect or encumbrance. The unity of title may be released by a vote of the City Commission. 3 11. Post Closing Requirements. By execution hereof, CHURCH acknowledges that certain approvals, variances, and/or waivers from the CITY'S ordinances may be required in order to permit the CHURCH'S contemplated use of the property described in Exhibit "C". The provisions of this paragraph shall survive closing. 12. Soil Tests and Other Inspections. Each party hereby grants to the other, its agents and representatives a license to enter on its respective parcel for the purposes of conducting any surveys, soil tests, engineering reports, or other inspections or tests on such parcel. If within thirty (30) days of the effective date of this Agreement, such tests indicate the presence of unusual soil conditions on either parcel which would prevent the immediate development of such parcel as contemplated herein, then the party to receive title to such parcel in accordance with the terms hereof shall have the right to cancel this Agreement. To the extent permitted by law, and as to DELRA Y to the limits set forth in Florida Statute §768.28, each party agrees to hold the other harmless from any damage arising from tests conducted or requested by such party and further, agrees to pay all the contractors and workmen performing the tests and to permit no liens or encumbrances to be created on the parcel as a result thereof. 13. Right to Occupy. The parties shall the right to occupy the properties described herein in order to satisfy the terms of this Agreement. 14. Prorations. Taxes, assessments, and all other expenses of the parcels, shall be prorated as of the date of closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If the closing occurs on a date when the current year's taxes are not fixed, and the current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If the current year's assessment is not available, then taxes will be prorated on the prior year's tax. However, any tax proration based on an estimate may, at the request of either party to the transaction, be subsequently readjusted upon the receipt of the tax bill. 15. Special Assessment Liens. Certifled, confIrmed and ratified special assessment liens as of the date of closing (and not as of the effective date hereof) are to be paid by the 4 . party conveying the parcel against which such special assessment lien has been filed. Pending liens as of the date of closing shall be borne by the party conveying such parcel. 16. Brokers. Each party hereto represents to the other that there are not real estate brokers involved in this transaction. 17. Notice. Any notice, request, instruction or demand to be give hereunder shall be hand delivered to the other party hereto or mailed by certified mail, return receipt requested, with postage prepaid at the address set forth below or at such addresses as the parties may hereafter specify in writing to-wit: As to CHURCH: Ebenezer Wesleyan Methodist Church 201 S.W. 6th Avenue Delray Beach, Florida 33444 Attention: Rev. R. L. Howard As to DELRA Y: City of Delray Beach, Florida 100 Northwest First Avenue Delray Beach, Florida 33444 Attention: City Manager Copy to: Susan A. Ruby, Esquire City Attorney 100 N.W. 1st Avenue Delray Beach, Florida 33444 18. Attorney's Fees and Costs. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's fees, at trial and all appellate levels. 19. Entire Agreement. This Agreement sets forth all the promises, covenants, agreements, conditions and understandings between the parties hereto and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions and shall be binding on all successors in interest to this Agreement. 20. Effective Date. The effective date of this Agreement shall be the date when the last one of the CHURCH and DELRA Y has signed this Agreement. 5 . · 21. Governing Law. This Agreement shall be 'governed by the laws of the State of Florida as now and hereafter are in force. The venue of any litigation arising out of this Agreement shall be Palm Beach County, Florida. 22. Land Exchange Resolution. This Agreement may be made, at DELRAY'S sole discretion, an attachment to any resolution adopted by DELRA Y which authorizes the land exchange described herein. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fIrst above written. Signed, sealed and delivered EBENEZER WESLEY AN METHODIST in the presence of: . ~ CHURCH By~)'fS"C¿¡-t (' f~ y(. r;;;;;:J~~ --C::- ~~ -J Print Name:W !:L 134KE~ Print Name:7~ v.(·('c; ,....,1 7(, J..l/C;\,J 1'1+ ¿) I ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Approved as to Form: City Attorney State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this ~ day of l n WI 6-vu , 1995 bY~c). 1; L ~ <.J A ~ d (name of officer or agent, title of fficer or agent) of £ belt) e 2.. e. e. cJ t.S" I ¿ ï ~ V\ "11: (name of corporation acknowledging), a ¡:::/ð Ie ,- d 4 (state or place of incorporation) corporation, on behalf of the cOrPoration. He/She is personally known to me or has produced H 1'< S t' " -+/ / '-( q: .,c) w..; '1 (type of identifIcation) as id~entifIcation and did (did not) take an oath. I ¡¿: .,Æ J\. \<Tk od : 6'1 C k '" ~<. ~ -,} :? ¿J <L.~ .,,~-- Signature of No Public - State ,...~y PU4 O¡::F¡CIAL NOTARY S£AL of Florida -:J::> '" '-'<.Jì·l." Q.,..t'" \.! · '<-- 0.... "<',... DOROTHY A BAKER ~ '!ì'P'j''' ~ COMMISSION NUMBER ;. ,~·;t.·b «' CC320633 7~ ~ ~ MY COMMiSSION EXP. 6 f:' OF f\.O' NO'J.'" 1 OQ7 State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this day of - , 1995 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. HelShe is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public - State of Florida eben.agt 7 · EXIllBIT "A" The North 50 feet of the East 50 feet of the West 135 feet of the South 135 feet of Block 14, Town of Delray, according to the plat thereof recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. . EXIllBIT "B" The South 135.0 feet of Block 14, less the East 145.60 feet thereof and less the West 135.0 feet thereof, according to the plat of the Map of Linton (now Delray Beach) as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. . · EXHIBIT "C" The East 145.6 feet of the South 135 feet of Block 14, Map of Linton (now Delray Beach), according to the plat thereof recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida and The North 50 feet of the South 185 feet of the East 135· feet of Block 14, Town of Delray, according to the plat thereof on file in the Office of the Clerk of the Circuit Court, Palm Beach County, Florida, in Plat Book 1, Page 3. and Plat of Delray Beach, the northerly 50 feet of the South 235 feet of the easterly 135 feet of Block 14, according to the plat recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. and The East 50 feet of the West 135 feet of the South 85 feet of Block 14, :fown of Delray, according to the plat there recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. and The South 135.0 feet of Block 14, less the East 145.60 feet thereof and less the West 135.0 feet thereof, according to the plat of the Map of Linton (nöw Delray Beach) as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. . C· MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER !!fA. SUBJECT: AGENDA ITEM # /~ A . - MEETING OF OCTOBER 10, 1995 ORDINANCE NO. 54-95 DATE: OCTOBER 6, 1995 This is first reading of Ordinance No. 54-95 rezoning a 6.58 acre parcel of land located at the northwest corner of Congress Avenue and Lake Ida Road from POC (Planned Office Center) District to CF (Community Facilities) District. This rezoning request is proposed to accommodate an adult day care facility and an Adult Congregate Living Facility (ACLF) serving Alzheimer's patients, along wi th an office structure housing accessory administrative functions. A conditional use approval for the ACLF and a site and development plan for the entire site will be reviewed subsequent to rezoning. At its meeting of September 18, 1995, the Planning and Zoning Board considered this item and voted to recommend approval by a unanimous 6-0 vote. Recommend approval of Ordinance No. 54-95 on first reading. If passed, public hearing on October 24, 1995. . , ORDINANCE NO. 54-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH 1 FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING II 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 1 dated Aprill 1994, as being zoned POC (Planned Office Center) District; and WHEREAS, at its meeting of September 181 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 6 to 0 to recommend approval of the rezoning 1 based upon positive findings; and WHEREAS 1 it is appropriate that the Zoning District Map of the City of Delray Beach, Floridal dated April, 19941 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 CF (Community Facilities) District for the following described property: A parcel of land lying in the East One-Half (E 1/2) of Section 7, Township 46 South, Range 43 East, lying in the City of Delray Beach, Palm Beach County, Florida; said parcel being more particularly described as follows: Commence at the Northeast corner of the aforesaid Section 7; thence run North 89 degrees 54' 30" West, an assumed bearing, along the North line of said Section 7, 60.00 feet to a point of intersection with the Westerly right-of-way line of Congress Avenue as laid out and now in use; thence run South 00 degrees 23' 20" East along said West right-of-way line, 1222.27 feet to a point of curve, said curve being . . concave to the West having a radius of 3759.80 feet; thence run Southerly along said curve, through a central angle of 19 degrees 03' 45", an arc length of 1250.90 feet to the end of said curve; thence continue along said right-of-way line South 18 degrees 40' 25" West, 720.39 feet to the Point of the herein described parcel; thence continue along said right-of-way line South 18 degrees 40' 25" West, 514.41 feet to a point; thence South 22 degrees 29' 16" West along said right-of-way line 180.40 feet to a point; thence South 18 degrees 40' 25" West, 155.34 feet to a point; thence South 67 degrees 02' 20" West, 59.79 feet to a point in the North right-of-way line of Lake Ida Road, said point lying on a curve concave to the Southwest and having a radius of 1670.16 feet; thence from a tangent bearing North 64 degrees 35' 46" West, run Westerly along said curve; through an angle of 10 degrees 12' 54" an arc distance of 297.77 feet to a point; thence leaving said North line run North 18 degrees 49' 25" East, 761.43 feet to a point; thence North 90 degrees 00' 00" East, 373.61 feet to a point on the aforementioned West right-of-way line of Congress Avenue and the Point of Beginning. The subject property is located at the northwest corner of Congress Avenue and Lake Ida Road; containing 6.58 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. - 2 - Ord. No. 54-95 . ' . PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 54-95 . :I: t- o ~ N ~ 3i 3i :i RM LAKE IDA PLAZA RM--8 N ALZHEIMER HEAL TH CARE SYSTEMS PlANNING DEPARTt.AENT CITY OF DELRA Y BEACH. FL - - DIGITAL BASE MAP SYSTEM -- . OK m I CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER I \ \\ V /.~, \\ y', /'. '. ;- THRU: d~ANE 'bOM'INÓUEZ',DIRECTÓR DEPARTME T 0 F~ZONING .~ ~'- FROM: S, SENIOR PLANNER SUBJECT: MEETING OF OCTOBER 10, 1995 REZONING OF A 6.58 ACRE PARCEL OF LAND (ALZHEIMER'S ASSOCIATION PROPERTY) FROM POC (PLANNED OFFICE CENTER) TO CF (COMMUNITY FACILITIES). ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is approval on first reading of a rezoning from POC (Professional Office Center) to CF (Community Facilities). The subject parcel is a 6.58 acre vacant parcel that is located at the northwest corner of Lake Ida Road and N. Congress Avenue. BACKGROUND: The subject property was annexed into the City of Delray Beach prior to 1976 and has undergone a number of zoning changes. The property has been zoned POC since the Citywide rezonings associated with the adoption of the Land Development Regulations in 1990. This rezoning request is proposed to accommodate an adult day care facility and an ACLF serving Alzheimer's patients, along with an office structure housing accessory administrative functions. A conditional use approval for the ACLF and a site and development plan for the entire site will be reviewed subsequent to rezoning. For additional background and a full analysis of the request, see the attached Planning and Zoning Board Staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board Considered this item at its meeting of September 18, 1995 and unanimously (6 to 0) recommended approval. Two members of the public . (Helen Coopersmith of PROD, Stan Scalero of Rainberry Lakes Homeowners Association) spoke in support of the rezoning. Mr. Scalero also stated his group's objection to the inclusion of access to Lake Ida Road from the proposed facility. That item will be considered with the conditional use and site plan, RECOMMENDED ACTION: By motion, approve on first reading a rezoning from POC (Professional Office Center) to CF (Community Facilities), for a 6.58 acre vacant parcel located at the northwest corner of Lake Ida Road and N. Congress Avenue. Attachment: o P&Z Staff Report . PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---ST AFF REPORT --- MEETING DATE: September 18, 1995 AGENDA ITEM: V.D. ITEM: Rezoning from POC (Planned Office Center) to CF (Community Facilities) to accommodate an adult day care facility and an ACLF, located at the northwest corner of N. Congress Avenue and Lake Ida Road. GENERAL DATA: Owner.................................................. Alzheimer's Association Greater Palm Beach Area Chapter Agent..................................... ........ ....... John Shoup Shoup/McKinley, Architects Location................................................ Northwest corner of N. Congress Avenue and Lake Ida Road Property Size........................................ 6.58 Acres Future Land Use Map.......................... Transitional Current Zoning..................................... POC (Planned Office Center) Proposed Zoning................................. CF (Community Facilities) Adjacent Zoning.........................North: PRO (Planned Residential Development) East: PCC (Planned Commerce Center) South: PC (Planned Commercial) West: PRO Existing Land Use............................... Vacant. Proposed Land Use............................. Rezoning from P~C to CF to accommodate an adult day care center and an ACLF. Water Service..................,.................... Existing" water main in Rainberry Lakes Drive, Existing 8" water main in Congress Avenue Existing 12" water main in Lake Ida Road. Sewer Service,.........,...,..,.................... Existing 8" sewer main in Rainberry Lakes Drive. VO . The item before the Board is making a recommendation on a rezoning request from . POC (Professional Office Center) to CF (Community Facilities). The subject parcel is a 6.58 acre vacant parcel that is located at the northwest corner of Lake Ida Road and N. Congress Avenue. The proposed rezoning will accommodate the construction of an adult day care facility for Alzheimer's disease patients, an administrative and training center, and an Adult Congregate Living facility for Alzheimer's patients. If the rezoning is approved, a conditional use approval for the ACLF by the City Commission and a site and development plan approval by the Site Plan Review and Appearance Board will be required. The subject property is a 6.58 acre vacant parcel. The property was annexed into the City of Delray Beach prior to 1976. The parcel was designated with several different residential zoning districts between 1976 and 1984. , In 1984 the Planning and Zoning Department received applications for a Land Use Plan amendment and rezoning of the property from PRD-4 to POI (Professional Office Institutional), conditional use approval for a drive-through bank, and site plan approval for a 54,712 square foot professional office development and a drive through bank. The applications were approved in 1984, but the development was not constructed and the conditional use and site plan approvals expired. In 1992 the Planning and Zoning Department received applications for a rezoning of a 1.70 acre portion of the property from POC to NC (Neighborhood Commercial) and a conditional use request for the establishment of a service station and convenience store on that 1.70 acres. In response to the concerns of area residents regarding the use, the remaining 4.88 acres would have been donated to the Rainberry Lakes Homeowner's Association to be maintained as a recreation area. The rezoning and conditional use requests were denied by the City Commission. In August 1995 the Planning and Zoning Department received an application for rezoning of the parcel from POC to CF. The rezoning is proposed to accommodate a 25 person adult day care facility serving people who suffer from Alzheimer's disease and an 120 bed Adult Congregate Living Facility for Alzheimer's patients. A 7,000 square foot office structure housing administrative functions accessory to the principal uses, parking facilities, and landscaping would also be included on the site. No sketch . Planning and Zoning Board Staff Report Alzheimer Health Care Systems - Rezoning Request from POC to CF Page 2 plan for the proposed development was submitted with this application. A conditional use approval for the ACLF and a site and development plan for the site will be , reviewed subsequent to rezoning. REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny 'the development application. These findings relate to the following four areas. Future land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the Jand use designation. Adult day care is a permitted use in the proposed CF zoning district. An ACLF is listed as a conditional use in the CF district. The administrative office function is not specifically listed as a permitted or conditional use. However, the applicant has indicated that the office use is accessory to the principal adult day care and ACLF functions. The CF zoning district is consistent with the property's Transitional Future Land Use Map designation. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water: Water Service is available to the site via a 12 inch water main in Lake Ida Road. Per the Comprehensive Plan, treatment capacity is available at the City Water Plant for the City at build-out. The nearest existing fire hydrant is located at the northeast corner of Congress Avenue and Lake Ida Road, across from the parcel. Additional fire hydrants will be required with site and development plan approval. Fire flow information for the hydrant may also be required with the site plan. Sewer: The nearest available sewer seNice is an 8 inch main located in Rainberry Lakes Drive adjacent to the northwest corner of the property, Connecting to that sewer main . ' , Planning and Zoning Board Staff Report Alzheimer Health Care Systems - Rezoning Request from POC to CF . Page 3 will require an easement from the Rainberry Lakes Homeowner's Association for work on their property. If connection to that main is not possible, the development may require a main extension to an existing lift station located approximately 900 feet north of the property. Per the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Positive findings regarding sewer service will be also be required at the time of site plan approval. Streets and Traffic: With a rezoning application, traffic concurrency is evaluated based on the most intense use possible under the existing and proposed zonings, rather than on the particular proposed use. Based on development of the parcel with its maximum potential under P~C zoning - medical office structure with a floor area ratio (FAR) of 0.3 the site would generate approximately 3,054 average daily trips (ADT). Based on development of the parcel with its maximum potential under CF zoning (Hospital at a FAR of 0.3) the site would generate approximately 2,533 average daily trips ADT. The calculations for those figures are included as Appendix "A" The applicant has also provided traffic generation numbers for the adult day care and ACLF uses indicating that future development on the site will generate 547 ADT. In any case, the rezoning will result in a net reduction in potential trip generation for the site. Positive findings for traffic concurrency and acceptance of the submitted traffic study by Palm Beach County Engineering will be required at the time of conditional use and site plan approval. Solid Waste: The maximum solid waste generation under the current zoning would be approximately 464,330 Ibs. per year (5.4 Ibs.ls.f.lyear * 85,987 s.f.) according to generation rates established by the Solid Waste Authority. The maximum generation under the proposed zoning would be 1,070,000 Ibs. per year (10.7 Ibs.ls.f.Iyear * 100,000 s.f.) for a 100,000 square foot school. The Solid Waste Authority indicates that it has existing capacity for all projects accounted for by current FLUM designations. As there is no change in the FLUM, the SWA has adequate capacity to serve the development. Consistency: Compliance with performance standards set forth in Chapter 3.1.1 along with required findings in Section 2.4.5(E)(5) (Rezoning Findings) and Section 3.3.2 (Standards for Rezoning Actions) 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 of a finding of overall consistency. . ' . Planning and Zoning Board Staff Report Alzheimer Health Care Systems - Rezoning Request from POC to CF Page 4 Chapter 3 findings include the required findings of Section 3.1.1 (Future Land Use Map, Concurrency, Compliance with LDRs and Consistency). These Chapter 3.1.1 findings are discussed in other sections of the report. Section 2.4.5(D)(5) (Rezoning Findings): 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. . The appropriate reason for the proposed rezoning is "c," based on the following: The FLUM designation for the property is Transitional which permits office uses, neighborhood commercial uses (maximum of 2 acres), and medium density residential. The existing zoning for the property is POC, which would permit various office uses, as well as adult day care as a conditional use. The proposed uses of the property: an ACLF and an adult day care center are similar in intensity to office uses, in terms of operating hours, type of structure, and parking requirement. Due to the lower traffic generation rates of the proposed uses and the quasi-residential nature of an ACLF, the proposed zoning will be more appropriate in this location, which is directly adjacent to two existing residential developments. The proposed uses of the property will also allow for an intermediate intensity development between those residential properties and the retail and industrial properties across Congress Avenue and Lake Ida Road. 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 subject property is currently zoned POCo The property is directly adjacent to an existing residential development zoned PRO (Planned Residential District) on the north and west. Properties to the south and east are zoned PC . , . Planning and Zoning Board Staff Report Alzheimer Health Care Systems - Rezoning Request from POC to CF Page 5 (Planned Commercial) and PCC (Planned Commerce Center) and developed with a mix of commercial, office, and industrial. A vacant property zoned PCC is located to the southeast of the subject property. According to the Comprehensive Plan, areas designated Transitional on the Future Land Use Map can "In some instances...provide for a transition between less intensive residential use and commercial uses." This is the function that would be provided by the subject parcel under the development proposal associated with the rezoning. The CF zoning designation is appropriate for the Transitional FLUM designation and for this site. The zoning change and associated development proposal will result in land uses that are compatible with adjacent parcels and not adversely affect the compatibility of the property with adjacent uses. Standards "A," "8," and "C" do not apply to this property. Comprehensive Plan Items: A review of objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies were found: Conservation Policy 8-2.1 The submission of a biological survey and a habitat analysis shall accompany land use requests for plan amendments, rezonings and site plan approval. However, the requirement shall not applYmwhere it is apparent that there are not such resources. Conservation Policy 8-2.3 A tree permit shall be necessary to remove or destroy any tree which has a diameter of four inches or greater on other than single family lots. The subject property is a site which has been extensively cleared and is infested with exotic species. No significant environmental resources are present on the site. However, a number of trees with diameters of greater than four inches exist on the site. A tree survey showing all trees on the site with a trunk diameter of 4 inches or more, measured 4 1/2 feet above the ground has been submitted for the parcel. Identification of trees to be preserved, removed, or relocated will be required with the site plan. Transportation Policy 0-1.1 All new development shall provide for the installation of sidewalks or otherwise accommodate pedestrian traffic so that a pedestrian does not have to use vehicular travelways to access common areas or neighboring properties. No sidewalks are proposed with the rezoning application. Installation of sidewalks on- site and in the Lake Ida Road ROW will be required at the time of site plan approval. Compliance with Land Development Regulations: The proposed use is to be in compliance with the Land Development Regulations. . . - Planning and Zoning Board Staff Report Alzheimer Health Care Systems - Rezoning Request from POC to CF Page 6 Items identified in the land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. The applicant has not submitted a sketch plan with this proposal. Submission of a sketch plan will be required with the conditional use application. lDR Section 4.3.3(F) Adult Day Care Facilities: Pursuant to Section 4.3.3(F) the following specific LOR requirements apply to the proposal. Lot Area: The minimum lot area shall be 7,500 square feet. This site contains 6,58 acres. The development proposal is not located in an area which requires review by the CRA (Community Redevelopment Agency) or the Downtown Development Authority. NEIGHBORHOOD NOTICE: Formal public notice has been provided to the property owners within 500' radius of the subject property. Letters of objection, if any are received, wÎII be presented at the Board meeting. Courtesy notices have been sent to: Helen Coopersmith Lillian Feldman PROD United Property Owners Bernard Schneider Muriel Brooks Chatelaine Pines of Delray North Charlotte Lees Bernice Pernhall Lake Ida Property Owners Rainberry Bay Alice Finst Roger Kalter Chatelaine Rainberry Lake Thomas Mook Jack Kellerman Sudan High Point who have requested notification of petitions in that area, . - Planning and Zoning Board Staff Report Alzheimer Health Care Systems - Rezoning Request from POC to CF Page 7 I·. .··:L····)}·········.·),··^S··········5a~S·\M·,··········E..··N··.·····tri...^iN'····r5···ðâ5t'~1...1S···..·····Ii":\'N ./........, ..................-...................... ..................~ . -- -¡;;:~ ' - - ..... :]?<M" 'u:···:VQ·I~:V·~u: - ··U:" .............-....... ............. ..........,...,....... :; :::::::::}:::::::::::::;<::::::::::;/;:~:::::-:':':':"'"......... .. ............... ......;.;.;.;.: ....:...:.......:;::.;.:..:..........>.:..;.:::....::;::.;::.,:.'.:.':' : ..-:' .:.:::..:.:=;::.:::.;::::.::;.:.::::::;..>:.:.....::::: ,::=:..,::' ..::;.....:::.........:.......:::.......::...::.:.:...;.:....::....:::::;::;:::::;:::;:;:;;;::::::;:;:;:::;::;:::;:-..:-;.... .......... .... . . ,"' "," ". "".""»:: . The proposed rezoning will somewhat reduce the potential development intensity for a parcel directly adjacent to residential properties on two sides. The rezoning will allow for an intermediate intensity development between residential an nearby commercial, without undue impact on the residential area. Positive findings can be made regarding LOR Section 3.1.1 (Required Findings), LOR Section 3.3.2 (Standards for Rezoning Actions), and LOR Section 2.4.5(C)(5) (Rezoning Findings). Therefore, the proposed rezoning can be recommended for approval based on the positive findings outlined in this report. A. Continue with direction. S. Recommend rezoning of the subject parcel, based on positive findings with respect to Section 2.4.5(0)(1) (rezoning findings), Section 3.1.1, and the performance standards of Section 3.3.2. C. Recommend denial of the rezoning request based on a failure to make positive findings. Recommend approval of the rezoning request from POC (Planned Office Cen}er) to CF (Community Facility) for the parcel described in Appendix "S", based upon positive findings with respect to Section 3.1.1 . (Required' Findings) and Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(0)(5). Attachments: o Appendix "A" o Appendix "S" o Location Map o Survey Report prepared by: Jeff Perkins. Senior Planner U :\PERKI NSJ\PLZN\ALZHEIM, DOC . . APPENDIX "A" Traffic Calculations for P~C and CF Uses Based on the Institute of Traffic Engineers Traffic Generation Manual, 5th ed. POC Zoning Medical Office Structure FAR = 0.3 T = Average Daily Trips X = Square Feet 6.58 acres * 43,560 s.f.lacre = 286,625 sJ. 286,625 * 0.3 = 85,987 sJ. Ln(T) = 1.178 Ln(x) + 2.777 Ln(T) = 1.178 Ln(85.987) + 2.777 Ln(T) = 1.178(4.454) + 2.777 Ln(T) = 5.247 + 2.777 Ln(T) = 8.024 . T = 3,054 CF Zoning Hospital FAR = 0.3 Ln(T) = 0.591 Ln(x) + 5.205 Ln(T) = 0.591 Ln(85.987) + 5.205 Ln(T) = 0.591 (4.454) + 5.205 Ln(T) = 2.632 + 5.205 Ln(T) = 7.837 T = 2,533 . , . APPENDIX "B" Legal Description A parcel of land lying in the East one-half of Section 7, Township 46 South, Range 43 East, lying in the City of Delray Beach, Palm Beach County, Florida, said parcel being more particularly described as follows: Commence at the Northeast corner of the aforesaid Section 7; thence run North 89° 54'30" West, an assumed bearing, along the North line of said Section 7, 60.00 feet to a point of intersection with the Westerly right-of-way line of Congress Avenue as laid out and now in use; thence run South 00° 23'20" East along said West right-of-way line, 1222.27 feet to a point of curve, said curve being concave to the West having a radius of 3759.80 feet; thence run Southerly along said curve, throùgh a central angle of 19° 03'45" , an arc length of 1250.90 feet to the end of said curve; thence continue along said right-of-way line South 18° 40'25" West, 720.39 feet to the Point of the herein described parcel; thence continue along said right-of-way line South 18° 40'25" West, 514.41 feet to a point; thence South 22° 29'16" West filong said right-of-way line 180.40 feet to a point; thence South 18° 40'25" West 155.34 feet to a point; thence South 67° 02'20" West 59.79 feet to a point in the North right-of-way line of Lake Ida Road said point lying on a curve concave to the Southwest and having a radius of 1670.16 feet; thence from a tangent bearing North 64° 35'46" West, run Westerly along said curve; through an angle of 10 12'54" an arc distance of 297.77 feet to a point; thence leaving said North line run North 18° 40' 25" East, 761.43 feet to a point; thence North 90 00'00" East, 373.61 feet to a point on the aforementioned West right-of-way line of Congress Avenue and the Point of Beginning, located at the northwest corner of Lake Ida Road and Congress Avenue. . ' ., : !~,.ìl ' '1\,,\ I :it ~i . ! .--:e-:jh ! ,\, -";~.' II ' ,:; --:;{0:;./ I t;t ; ;~..r..____ __ I . '.. Or' -:r- I , ~ ''+.:éP: , I ' J" -. '¡ , ~'h 1\ ,,: ~ ~~ .,~~ , ) , '00~" , 1 ~. "j . ::--- I :;..-- ~ ( ^ ~, . 'I . I ~, ~ Q " , w. \f) - , '~; , ¡ , .' , ' ~ ~,: " , 1 , _ 1, " " " .. " '< ;'*' 'I, ¡ · J' · ':) J '.. " J¡; J¡;¡' J, · ", :¡ ; ~,; · "". J.., VJ :IJj i'l' , ,¡ ð j 'j, ", , ' !i!!¡!, ¡ .. ¡,* · û ¡, , J · )1.. i '. ~. ~ i . ) ~, ~ ~: .\; l " . ,. HI. 1 ' 11 "'" II 1! ~ o ' . .... '1#' ~.' . ~ J.,,. J; / . Ii ~ I ~ ~ H ~ 1~ 1 1. ~ 1 J 1<. J. .~ ~ ~ ~ " . " , 1 ~ . ~ t "õ .~ . ~ ~~ i.~ ~ - ì'l f. { %1 ~.¡. i¿. ~l~ : ~ . ~ 1- ~ ~ t ~ ; - I t I ' \ ~ ~ ~ ~ , . '¡ j l . '¡ t . J ~l . ~ ! I *. fO I fa ' , , . < ~ -. ë 1-- ~! " -~- --. ~,;.""~ ....... ~::::_~.,- , -".. -::?-»b9'~,---.~~,,__:,.--____ ;... ,.,. V17/ -Od- ..~ -----r. 7. ==----~ " -'- -, -- -----;'1---- - --------\¡- . 1,,;... -, -- ,- --- n M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM i 1~·l1'- MEETING OF OCTOBER 10. 1995 FIRST READING FOR ORDINANCE NO. 55-95 DATE: OCTOBER 5, 1995 This is first reading for Ordinance No. 55-95 which rezones a 1. 52 acre parcel of land from R-l-A (Single Family Residential) District to CF (Community Facilities) District. The subject property is located on the west side of N.W. 3rd Avenue, between Martin Luther King, Jr. Boulevard and N.W. 3rd Street. The purpose of the rezoning is to accommodate the establishment of a private school as an accessory use to the existing Seventh-Day Adventists Church which is located on the east side of N.W. 3rd Avenue. The school is currently operating in the church, but has outgrown that facility. The anticipated enrollment is 250 students, serving kindergarten through 12th grade. The Planning and Zoning Board considered this matter at public hearing on September 18, 1995, and voted unanimously (6 to 0) to recommend that the rezoning be approved. Recommend approval of Ordinance No. 55-95 on first reading. If passed, a public hearing will be held on October 24, 1995. ref:agmemo16 · .. ORDINANCE NO. 55-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED AT THE SOUTHWEST CORNER OF N.W. 3RD AVENUE AND N.W. 3RD STREET, 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 R-1-A (Single Family Residential) District; and WHEREAS, at its meeting of September 18, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 6 to 0 to recommend approval of the 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 CF (Community Facilities) District for the following described property: The East Half of Block 34, except the South 96 feet of the North 144 feet thereof, in Linton, now Delray Beach, Palm Beach County, Florida; less the South 112 feet of the West 77.5 feet of the East 97.5 feet of Block 34, and the South 112 feet of the East Half of Block 34 less the East 97.5 feet thereof, Town of Linton (now Delray Beach), Florida, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 3. Together with: · The South 96 feet of the North 144 feet of the East 135 feet of Block 34, Town of Delray Beach, Florida. The subject property is located at the southwest corner of N.W. 3rd Avenue and N.W. 3rd Street; containing 1.52 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 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. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 55-95 . OK ~1 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: ~V~N~~I~~ DEPARTMENT OF PLAN NG D ZONING ~ ~ FROM: JAN~S, SENIOR PLANNER SUBJECT: MEETING OF OCTOBER 10, 1995 REZONING FROM R-1A (SINGLE FAMILY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR A PARCEL OF LAND LOCATED WEST OF N.W. 3RD AVENUE, SOUTH OF N.W. 3RD STREET. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a parcel of land from R-1A (Single Family Residential) to CF (Community Facilities) for a school associated with the Seventh-Day Adventists church. The subject property is located west of N.W. 3rd Avenue, south of N.W. 3rd Street, and contains approximately 1.52 acres. BACKGROUND: Currently, the subject property is vacant and involves a portion of the east one half of Block 34. The property is owned by the Seventh-Day Adventists church which is located on the east side of N.W. 3rd Avenue. The rezoning is being sought to accommodate a private school, which would be an accessory use to the church. The school currently operates within the existing church facility which they have outgrown. The anticipated enrollment of the school is 250 students, and will service kindergarten through 12th grade. Additional background and analysis of the request can be found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of September 18, 1995, the Planning and Zoning Board held a public hearing for the rezoning request. There was no public testimony in opposition to the request. The board voted 6-0 to recommend that the request be approved. . City Commission Documentation Rezoning from R-1A to CF for the Seventh-Day Adventists Church Page 2 RECOMMENDED ACTION: 0 By motion, approve on first reading the ordinance rezoning a portion of Block 34 from R-1A (Single Family Residential) to CF (Community Facilities) as described in the attached ordinance, and setting a public hearing date of October 24, 1995. Attachments: . P&Z Staff Report and Documentation of September 18, 1995 . Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---ST AFF REPORT --- , MEETING DATE: September 18, 1995 AGENDA ITEM: V.E. ITEM: Rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) to accommodate an elementary school associated with an existing church, located on the west side of NW 5th Avenue, north of Martin Luther King Boulevard (NW 2nd Avenue). S.D. SPADY w - I NW II"'" ~~~ - ELEMENTARY ~~ :J - SCHOO/.. r-- -!$! ~ z ~ '" '" '" <C_ W - n- IT - > - - ,.-- - - < - H.W. JRI) ~~ - J == - II 1- - == - - _<C - - - - - r-- - - ¡-- - - - - - '-- - r- - - OTY >-- - ¡- - f- - '" TTORNEY zrn - - BUILDING f- I ~TlI TI~ II II i!: T ~f- .. "'I- KING oR. BlW, 0 '-- IIART1N LUTHER - J :11 Ie I I ;:> l- I I z . '-- , ~ I- ~ Ii- Ii f-- z- z VI i--- GENERAL DATA: Owner......................................,. Southeastern Conference of Seventh-Day Adventists Agent......................................... Pastor Brent Waldon Sr. Location..................................... West side of NW 5th Avenue, north of Martin Luther King Boulevard (NW 2nd Avenue). Property Size............................. 1.52 Acres Future Land Use Map................ Low Density Residential (0-5 d.u.lacre) Current Zoning.......................... R-1-A (Single Family Residential) Proposed Zoning....................... CF (Community Facilities) Adjacent Zoning......,........North: R-1-A East: CF South: R-1-A, West: R-1-A Existing Land Use.................... Vacant Proposed Land Use................... Rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) to accommodate an elementary school associated with an existing church. Water SeNice..........,..,.............. Existing 24" water main in Martin Luther King Boulevard. Existing 2" water main in NW 3rd Avenue, Sewer SeNice,...............,.......... Existing 8" sewer main in NW 3rd Avenue, VE l'I"'ÊM8ÊF'ØRE'TBÊBII~~L,:::::::::..,:::',::,:;,>,:i,1 Tne action before the Board is making a recommendation on a rezoning request from R-1A (Single Family Residential) to CF (Community Facilities). The subject property is located west of N.W. 3rd Avenue, on the south side of N.W. 3rd Street and contains approximately 1.52 acres. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. Currently, the subject property is vacant and involves a portion of the east one half of Block 34. Block 34 was originally platted in 1896 as part of the Town of Linton Plat. No other development activity has occurred on the property. The development proposal is to rezone a vacant parcel of land from R-1-A to CF. The rezoning is being requested by the Seventh-Day Adventists church to accommodate a private school as an accessory use to the church. The school currently operates within the existing church facility which they' have out grown. The anticipated enrollment of the school is 250 students, and will service kindergarten through 12th grade. The applicant has submitted a sketch plan which provides for an 18,961 square foot structure, a drop-off area, and playground areas. Only one parking space has been provided on site. The church has indicated that they wish to utilize their existing parking lot across the street to meet on-site parking requirements. I ZONINGAN~L'{SlS: ". ·'/1 REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved P&Z Staff Report Rezoning from R-1-A to CF for the Seventh Day Adventists Page 2 . through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use Map designation for the subject property is Low Density Residential. The requested zoning change is from R-1-A to CF. The proposed zoning designation of CF is consistent with the Low Density Residential Future Land Use Map designation. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Stre~ts and Traffic: A traffic impact study was not submitted with the request. The current R-1-A zoning designation generally permits only single family dwellings at a maximum density of 5 units per acre. The Palm Beach County Traffic Performance Standard Ordinance establishes traffic generation rates of 10 ADT per unit for single family residences. With R-1-A zoning and a density of 5 units per acre (7 units) would generate 70 ADT. The ultimate development potential of the site to accommodate a school with 250 students will result in 748 ADT (2.99 trips per student x 250 students = 748). Thus, there is a net potential increase of 678 ADT from the proposed rezoning. The 678 net trips which could be generated by the development under the CF district may impact Lake Ida Road which is currently over capacity. It is noted however, that the contract for widening Lake Ida Road should occur within the next several months. Provision of a traffic study will be required with the site plan, and positive findings of concurrency will be required with the approval of that plan. Water and Sewer: Preliminary engineering plans were not submitted with the application. Water service is available to the site via an 8" main located along the south side of N.W. 3rd Avenue. Sewer service is available to the site via a 6" main which . · P&Z Staff Report Rezon ing from R-1-A to C F for the Seventh Day Adventists Page 3 dead-ends approximately 160' north of the intersection of N.W. 3rd Avenue and NrW. 2nd Street. Upgrading of the 6" main to an 8" main may be required with this development proposal and can be further addressed with the site plan process. The rezoning from R-1-A to CF will generate an increase in water and sewer demands, however, there is adequate capacity at the existing facilities to handle the water and sewage demands generated from this development. Parks and Recreation: Parks and Recreation dedications do not apply to non-residential developments. Solid Waste: The proposed 18,961 square foot school will generate 101 tons of solid waste per year. Seven single family homes would generate 13.93 tons of solid waste per year. While there is a net increase in solid waste generation, the Solid Waste Authority indicates in its annual report that the established level of service standards for solid waste will be met for all developments until 2021. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for RezoninQ 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. Parcels adjacent to and near the subject parcel are primarily residential. This school represents an expansion of an existing use, which has not experienced any compatibility problems to date. Churches and their accessory uses (schools) are allowed as a Conditional Use in the current R-1A zoning district. However, the scale of the proposed school makes the CF district, which provides for greater setbacks and buffering, more P&Z Staff Report Rezoning from R-1-A to CF for the Seventh Day Adventists Page 6 . LOR Section 4.6.16 Landscaping: No landscape plan has been submitted at this time. The submission of a landscape plan meeting all requirements of Section 4.6.16 will be required with the site and development plan submission. The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Neighborhood Notice: Formal public notice has been provided to property owners :within a SOD' radius of the subject property. A special certified notice has been sent to each of the property owners of record. Courtesy notices have been sent to: 0 Lake Ida Homeowners Association Letters of objection. if any, will be presented at the P & Z Board meeting. :¡i¡:::¡::i::i:i:;::::I::::::,:::::ii¡;:::::::,:¡::,,:,',,::::,¡::::!:!!:::¡,:::i:,:I::,,;::,":!'ÎIÎ!í§íllÎí!;II:Î::::IIÎÎ.ìïi§,J;ÎÎÎ;:::::;::::·::'.:I';"il·.i':";:::::::":',:,':::::":,:,;:::::::::::::::,:,:1':,.,::·1:::....,:1 The proposed rezoning of the subject property to CF accommodates a use which is a conditional use in the current R-1-A zoning district. The church is seeking to rezone the property to relocate its educational function to a larger facility. The CF zone district will require larger setbacks and buffers to the adjacent residential properties. All required public facilities and services are available to serve the proposed development. The CF zoning district is consistent with the Low Density Residential FLUM designation. Required positive findings with respect to Section 2.4.5(D)(5) (rezoning Findings), Section 3.1.1, and the performance standards of Section 3.3.2 can be made. Based on the above, the proposed rezoning of the Seventh-Day Adventists property to CF is recommended for approval. . . P&Z Staff Report Rezoning from R-1-A to CF for the Seventh Day Adventists . Page 7 I. AL TERNATIVEACTIONS: I A. Continue with direction. B. Recommend rezoning of the subject property from R-1-A to CF, based on positive findings with respect to Section 2.4.5(0)(5) (rezoning findings), Section 3.1.1, and the performance standards of Section 3.3.2. C. Recommend denial of a rezoning, based on a failure to make positive findings. Recommend approval of the rezoning request for the Seventh-Day Adventists from R-1-A (Single Family Residential) to CF (Community F~cj jties), based upon positive findings with respect to Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(0)(5). Attachments: 0 Survey 0 Sketch Plan . ---~- _._- ~ , --':--\ ''---.- ,-c¡;-,; . _, / -'- I J..__ ~ I I - _n___-:-:::_ -, T . Î I' '-/ ,. ,. ! il-~ _ ! i I I I I : I III ,':' , I , ~ ; , I I': ,. ii, r .. Ii , !. "" ¡ J I . ,I , I - _1~. , '-I. , I I, . I I ,., ¡, :;. , ,;I I I _ 1 'j , " I ' ~;,- '1'1' 'I ' '1 'I ' ---¡ I '" , 'I , , ¡ i ¡ _~,.., I ' , '11 I '. ", '" " S ¡ I . ,i~---'oT'. . " ", '--·'-.r ; J~ '. I " : / ; '''1..;,--+---¡ I J ! '." / -"'-, I. I -'-¥':,. --: 2~~" T-3 , ¡": , ~ò ¡ , /', I ¡ ¡ ~I i -I- ! ; 1i i/ ( I' ~~ 1-::' ' ; f " "",. l' " ' , '\' s:: I, I ',. I' , , , I '-'.. . '-., I · "'''¡ I i '.' I , I <, ..... ._-.... " ' I, , , i , -- jj" I, I :. I \'I~' I \l... i . . .. 'I ., 1-" " .. , , '.' . , , '. .". I I , J 'I I I ':, 1'. '\ ' : , , I"~ · . "ù i i -" -' - I -. 0 'I ", :, - " '., ~ I i-; \l .J.-'--- <,) i - , , , , ~ n' I, I '" I . "'" " . I·" "I · '" " 0) ! >- I III 'Ir'~b-'I' < ..... , <0 --= 'I Ii "I I V¡ - - " ,. '> ~ I !L,__ : I - .:.~ '- . Wi" ï · \ \ I . I , .:< --'~\ '11 / , . ì I " .' , , I "ì .'~ I ~--"---r;11' I II " -- I I~'lill \ I ' .<- '-",......:.:, ! I --(,'-- . I i " ¡ - , ~. : ! . Ii" ! c:, _ . , -, ~...,. , ..., '. "-~ I 1 I', ,- 'I I . {:! " ;:!, ~ . ,n,. " , , ... ., I -I" ["~>;~l=" "I' ~ -'::.:.,~' I . ,0 "" /" "ç;, r, - '1 ,'" :., ~ ,"'~ :;0 .' "~,.'''' ,._ '; ,. -,' t ';; " I '- ./'-_J',,_/ ~"--c-r-' :, "I, .,~ ' '. 'r," " 'I "' .. I' J i-,. ' . \ . \; \ :': -: ,; !' ~_. ,C' l¡ I ¡ i:\ ...-". r, : -/'-' I I.;; .~.. -"''''~~.''':. , , 'I ~ , ; \ \. I I t ,:;. .+/ I ''', "t~ ~~""'. i "". !\ .1 ~ ..,' :'~"L': ~~~ ;.. :; ,.':~ ::. r; ;. ~? ; \ \ \-1:¡1\ _ J .l :, ,. .~, ~~ \ !- - -;:--;;-r-...~ \ - ~ I I --':-.i"'~ -- - --:;;. - - - I - - -~ - , _I- I -- - -, .. r.\ \', ,>. .t¿_ r - "I--;_"u~'::~~,,~',;;:~;:,; ~1/ ,,- ~I )L/./cX/,'j", I . ' 'I _ .. . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM I Ie:< ,(J. - MEETING OF OCTOBER 10. 1995 FIRST READING FOR ORDINANCE NO. 56-95 (REZONING FOR COMMUNITY CHILD CARE CENTER) DATE: OCTOBER 5, 1995 This is first reading for Ordinance No. 56-95 which rezones a 0.43 acre parcel of land from R-l-A (Single Family Residential) District to CF (Community Facilities) District. The subject property is located on the south side of Lake Ida Road, west of N.W. 5th Avenue, lying west of and adjacent to the existing Community Child Care Center. The purpose of the rezoning is to accommodate the expansion of the Child Care Center. The applicant has submitted a sketch plan which provides for a 5,570 square foot structure, 11 parking spaces, drop-off area and playground area. The expansion will accommodate 55 children, ages 18 months to 2 years. The Planning and Zoning Board considered this matter at public hearing on September 18, 1995, and voted unanimously (6 to 0) to recommend that the rezoning be approved. Recommend approval of Ordinance No. 56-95 on first reading. If passed, a public hearing will be held on October 24, 1995. ref:agmemo19 · ORDINANCE NO. 56-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-l-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD, WEST OF AND ADJACENT TO THE COMMUNITY CHILD CARE CENTER, 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 R-l-A (Single Family Residential) District; and WHEREAS, at its meeting of September 18, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 6 to 0 to recommend approval of the 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 CF (Community Facilities) District for the following described property: That part of the South Half of Lot 5, Subdivision of Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida, described as follows: Commence at the Northeast corner of the West Half of the South Half of said Lot 5; thence North 89 degrees 58'40" West, along the North line of the South Half of said Lot 5, 25.00 feet; thence South 0 degrees 08'30" East, along a line 25.00 feet West of and parallel with the East line of the West Half of said Lot 5, 40.69 feet to the South right-of-way line of Lake Ida Road and the point of beginning; thence . continue South 0 degrees 08'30" East, along said parallel line, 119.31 feet to a line 160.00 feet South of and parallel with the North line of the South Half of said Lot 5; thence South 89 degrees 58'40" East, along said parallel line, 38.82 feet; thence North 0 degrees 37'30" West, along the East right-of-way line of N.W. 6th Avenue, 105.44 feet to said South right-of-way line of Lake Ida Road and to a point on a curve concave southerly with a radius of 779.02 feet, a central angle of 2 degrees 58'27" and a chord bearing North 69 degrees 53'39" West, thence westerly, along the arc of said curve and along the South right-of-way line of Lake I da Road, 40.44 feet to the said point of beginning. Together with: That parcel of land described as follows: Commencing 25 feet West from the Northeast corner of the West Half (W 1/2) of the South Half (S 1/2) of Lot 5, Section 8, Township 46 South, Range 43 East, for a point of beginning; thence South 160 feet; thence West 75 feet; thence North 160 feet; thence East 75 feet to the point of beginning; Palm Beach County, Florida, less right-of-way deeded to County of Palm Beach, in Deed Book 1145, Page 623, Public Records of Palm Beach County, Florida, according to Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 4. The subject property is located on the south side of Lake Ida Road, west of N.W. 5th Avenue, lying west of and adjacent to the Community Child Care Center; containing 0.43 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1/ hereof. Section 3 . That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 2 - Ord. No. 56-95 . 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. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 56-95 OK e'1v1 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER ~, ,-.., ~'~ ' " /' l" \ "j '\ ,., .".. ~ \ .\ THRU: DI~ Ë tìÒMI G ÊZ,b:r~~PR DEPARTMENT OF PLA NING)AND ZONING ~/ FROM: ~KS, SENIOR PLANNER SUBJECT: MEETING OF OCTOBER 10, 1995 REZONING FROM R-1A (SINGLE FAMilY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR A PARCEL OF LAND lOCATED SOUTH OF LAKE IDA ROAD, WEST OF N.W. 5TH AVENUE (COMMUNITY CHilD CARE CENTER) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a parcel of land from R-1A (Single Family Residential) to CF (Community Facilities). The subject property is located on the south side of Lake Ida Road, west of N.W. 5th Avenue, and contains approximately .429 acres. BACKGROUND: On July 11, 1995, the City Commission approved the abandonment of a portion of N.W. 6th Avenue for expansion of the Community Child Care Center, which is zoned CF (Community Facilities). The City recently received an application for site plan approval for the expansion of the center. The addition is to be located on the abandoned portion of the right-of-way and the lot located directly to the west of the right-of-way (lot 57). With the review of the project it was noted that Lot 57 was zoned R-1A, and child care facilities are only allowed as a Conditional Use in that zone district. It was determined that a change in zoning would be more appropriate than granting a Conditional Use, as it would bring the entire property under one zoning (CF). Additional background and analysis of the request can be found in the attached Planning and Zoning Board Staff Report. . PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of September 18, 1995, the Planning and Zoning Board held a public hearing for the rezoning request. There was no public testimony in opposition to the request. The Board voted 6-0 to recommend that the request be approved. RECOMMENDED ACTION: I:) By motion, approve on first reading of ordinance rezoning the Community Child Care Center property from R-1A (Single Family Residential) to CF (Community Facilities) as described in the attached ordinance, and setting a public hearing date of October 24, 1995. Attachments: . P&Z Staff Report and documentation of September 18, 1995 . Ordinance by Others . PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- . MEETING DATE: September 18, 1995 AGENDA ITEM: V.F. ITEM: Rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) to accommodate an expansion of an existing child day care center, located on the south side of Lake Ida Road, west of NW 5th Avenue. I L_ ~l " '" _~e-". ~ IlL '-~- = ~ I" I ~ I ç-y-:-...... ..- I NI I ~ I I I - - I III l I I =UJ Iff- I I. - I ~~ I I I 11l~ I 1- ~~ L A K E IDA R 0 A D I~ ì I I " I '" < II I ~ -~ ~ HUT LUTHERAN .-- f= I I I ~ : - \ I I III j!; - ~ I I--~ - r---... _N:!:....JRO~~ § -< < < CASON z - I METHODIST 0 - I-- . j!; j!; CHURCH ... - I-- <- !I! co . z ... Z - -< - - S.D. SPADY - I-- ..... ["", '- -. ELEMENTARY I II ~ - I-- SCHOOl. Ji Ji Ji Ji /I - z - _z z \I 1/1 - II GENERAL DATA: Owner...,.................................... Community Child Care Center of Delray Beach, Inc. Agent......................................... Dorothy Ellington Location..................................... South side of Lake Ida Road, west of NW 5th Avenue. Property Size............................. 0.429 Acres Future Land Use Map................ Low Density Residential (0-5 d.u.lacre) Current Zoning.......................... R-1-A (Single Family Residential) Proposed Zoning....................... CF (Community Facilities) Adjacent Zoning...............North: R-1-AA (Single Family Residential) East: CF South: R-1-A, West: R-1-A Existing Land Use................,... Vacant parcel and abandoned, unimproved road right-of-way. Proposed Land Use................... Rezoning from R-1-A to CF to accommodate an expansion of the existing day care center on the adjacent parcel to the west.. Water Service............................ Existing on site. Sewer Service........................... Existing on site. VF li,i··:::::ii::,::::::,¡i":.¡·::::"::..i:i..:Jm~ÑI,ª.§ffiÎߧÎm§,.,ª~Îã~;·:·,··?' . The action before the Board is making a recommendation on a rezoning request from R-1A (Single Family Residential) to CF (Community Facilities). The subject property is located on the south side of Lake Ida Road, west of N.W. 5th Avenue, and contains approximately 0.429 acres. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The subject property involves an unplatted lot indicated on the Property Appraiser's Map as Lot 57, and a portion of N.W. 6th Avenue which was recently abandoned (7/11/95). The development proposal is to rezone a vacant parcel of land and a recently vacated portion of N.W. 6th Avenue from R-1-A to CF. The rezoning is being requested by the Community Child Care Center for the expansion of its facility. The applicant has submitted a sketch plan which provides for a 5,570 square foot structure, 11 parking spaces, drop-off area, and playground area. The expansion is to accommodate 55 children ages 18 months-24 months. 1/'" . . '. "..._"..,....- -..... -. .."..........."..-.".."'.-.........-.......- ..... ,.... -... ····················>1 .' .··iZØNINC;~N~I...'t"Sl$: .. ... .. REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. P&Z Staff Report Rezoning from R-1-A to CF for the Community Child Care Center Page 2 Future land Use Map: The use or structures must be allowed in the zoning . . district and the zoning district must be consistent with the land use designation. The current Future Land Use Map designation for the subject property is Low Density Residential. The requested zoning change is from R-1-A to CF. The proposed zoning designation of CF is consistent with the Low Density Residential Future Land Use Map designation. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Streets and Traffic: A traffic impact study was submitted with the request. The current R-1-A zoning designation generally permits only single family dwellings at a maximum density of 5 units per acre. The Palm Beach County Traffic Performance Standard Ordinance establishes traffic generation rates of 10 ADT: per unit for single family residences. With R-1-A zoning and a density of 5 units per acre (2 units) would generate 20 ADT. The ultimate development potential of the site to accommodate a 5,570 square foot structure would generate 397 ADT. Thus, there is a net potential increase of 377 ADT from the proposed rezoning. Lake Ida Road is within the project's Radius of Influence and is currently over capacity. However, the traffic study indicates that the contract for widening Lake 'Ida Road has already been let. Base on the project's build-out date of 1996, adequate capacity will exist on Lake Ida Road to accommodate this project. The study concludes that the project meets the criteria outlined in Palm Beach County Traffic Performance Standards. Water and Sewer: Water service is available to the site via a 6" main located along the north side of the east/west alley which is situated along the front of the project. Sewer service is to be provided to the site via an 8" main located along the south side of N.W. 4th Street. The rezoning from R-1-A to CF will generate an increase in water and sewer demands, however, there is adequate capacity at the existing facilities to handle the water and sewage demands generated from this development. Parks and Recreation: Parks and Recreation dedications do not apply to non-residential developments, P&Z Staff Report Rezoning from R-1-A to CF for the Community Child Care Center Page 3 . Sðlid Waste: The proposed 5,570 square foot school will generate 29.8 tons of solid waste per year. Two single family homes would generate 3.98 tons of solid waste per year. While there is a net increase in solid waste generation, the Solid Waste Authority indicates in its annual report that the established level of service standards for solid waste will be met for all developments until 2021. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for RezoninQ Actions): The applicable performance standards of Section 3.3.2 and other polici~s 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. Rights-of-way abut the property on the north and south. To the west is a vacant parcel of land zoned R-1A, and to the east is the existing Community Day Care Center. There are no compatibility concerns noted with the properties located to the north, south or west. In order to mitigate impacts on the property to the west, a wall or hedges 4 1/2' height at the time of planting and trees 25' on center should be provided to adequately buffer the site. This item can further be addressed with the approval of the site plan. Section 2.4.5{D}(5} {RezoninQ FindinQs}: Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: P&Z Staff Report Rezoning from R-1-A to CF for the Community Child Care Center Page 4 . 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 submitted a justification statement as a part of' the rezoning application. The statement indicates that the applicable reason is IIoC". The justification statement is summarized below: The CF district is a special purpose district which is intended to permit uses which seNe public or semi-public purposes. The CF district is deemed to be appropriate in any Future Land Use category. The rezoning will accommodate the expansion of an existing child care facility which is needed by the community. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. Compliance with Land Development Requlations: The proposed use is to be in compliance with the Land Development Regulations. Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. The applicant has submitted a Sketch Plan. While the submitted sketch plan is not being formally considered at this time, the following comments are provided. LDR Section 4.3.4(K) Development Standards Matrix: The site's improvements, as proposed in the sketch plan, will meet or exceed all requirements of this section. . P&Z Staff Report Rezoning from R-1-A to CF for the Community Child Care Center Page 5 LDR Section 4.4.21 (H) CF District Special Regulations: . When this district (CF) is adjacent to residential zoning, the perimeter landscape area should be 15'; or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffering purposes. A residential property is located along the western boundary of the project. While trees and hedges are proposed along this property line (24" height hedge, and trees 30' on center), the trees should be spaced at 25' on center and the hedge installed at the height of 4 1/2 feet. LDR Section 4.6.9 Parking: The proposed development is required to provide 19 parking spaces. Eleven (11) spaces have been provided on site, and 4 parallel parking spaces are provided within the N.W. 6th Avenue right-of-way. The spaces located within the right-of-way cannot be counted towards meeting on-site parking requirements. Staff is recommending that these spaces be eliminated in order to provide some stacking area for the drop-off area. There are several additional parking spaces on Phase 1 which can be counted towards meeting this site's requirements. A reduction in parking may be appropriate and can further be addressed with the site and development plans. LDR Section 6.1.3 Sidewalks: Currently, no sidewalks exist along N.W. 6th Avenue. The development proposal includes the installation of a 5' sidewalk, thus meeting this code requirement. LDR Section 4.6.16 Landscaping: Landscape plans were submitted with the application. The plans appear to meet the requirements set forth in LDR Section 4.6.16. A full review of the plans will be conducted with the review of the site and development plans. The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). P&Z Staff Report Rezoning from R-1-A to CF for the Community Child Care Center Page 6 . . Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A special certified notice has been sent to each of the property owners of record. Courtesy notices have been sent to: 0 Lake Ida Homeowners Association Letters of objection, if any, will be presented at the P & Z Board meeting. ":¡:¡¡¡¡:¡::¡¡¡:¡,::¡¡:¡~¡:¡::¡~:¡¡;:::::::¡i~¡¡:¡:¡,::¡::¡:::¡:¡::¡¡:i!¡¡¡¡~~¡:¡:¡¡"~¡¡~~Î~IΧ:§mm~I:¡:lfI¡1:,::IIIIII:§¡ì¡lflÎ;::¡i:¡:¡¡:I:i:,:¡¡ii¡:¡,i::::¡¡i:¡¡:~¡:i~¡¡¡¡~I::¡¡¡i:~,;¡:;::::,;:;:i¡i;;¡::::,::¡:¡:¡¡;.,~, The proposed rezoning of the subject property to CF will accommodate the expansion of an existing child care facility. The CF zone district will insure that adequate buffers are provided along the western boundary of the property where it abuts residentially zoned property. All required public facilities and services are available to serve the proposed development. The CF zoning district is consistent with the Low Density Residential FLUM designation. Required positive findings with respect to Section 2.4.5(0)(5) (rezoning Findings), Section 3.1.1, and the performance standards of Section 3.3.2 can be made. Based on the above, the proposed rezoning of the Community Child Care Center property to CF is recommended for approval. I> .. .", ..,. ,-, .. ,.._, ..",.,-",.- ,... - ..... -- ----, ... >1 . ·······..'A.I...,.ERÑÄ.,..IV1E~C,..IC)N$:>············· A. Continue with direction. S. Recommend rezoning of the subject property from R-1-A to CF, based on positive findings with respect to Section 2.4.5(0)(5) (rezoning findings), Section 3.1.1, and the performance standards of Section 3.3.2. C. Recommend denial of a rezoning, based on a failure to make positive findings. . P&Z Staff Report Rezoning from R-1-A to CF for the Community Child Care Center . Page 7 Recommend approval of the rezoning request for the Community Child Care Center from R-1-A (Single Family Residential) to CF (Community Facilities), based upon positive findings with respect to Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(0)(5). Attachments: 0 Survey and Sketch Plan , \ . ~z , I ' , , , / , , I I,' -' , / II : ' , / /' ~/ ' If , , I , , II / , , . !' ,/'",,/ : ¡,.. ~ / :~ ~ ~ ! / I' / , , , , !'i / // ~ / , , E Å  ! I /' / , / ~ I b ! / /' / , , ~ ~ / , , // I , , H ~1 ' , ()/ / , , , o~· /' / "t-- ' , ~/ , , /' ô? / ~ ". " 4<1 / <: .J? ,I' I ,/ / ,I ,/ / /1' / / I ,- , I / i / ! / ) / i ! / ~----- i -- oN -'---'-'-'-:3^~ H.l.9 oM ! - I I ZnZ! HI!1 hiH "'~ª1.ð jH~~ :'j!: -5 - ..f~l~ h!~~ ;1 V - ~K~!l V" ~ ~ ! § f z~A~j :Iit~ z ·'t." ; ~j ,g ,fq¡ ï 'p~" 0 I ": ~ í ¡::: ï''- zr l q f~" (L 'F~'ì bf .s.~~ a: " j.~ ¡£~:¡ 0 'F~t~ (fJ ~ .~~~ "~".îJ l1} ~ "R L M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # Id.· D· - MEETING OF OCTOBER 10. 1995 FIRST READING FOR ORDINANCE NO. 57-95 (WALLS. FENCES AND HEDGES) DATE: OCTOBER 4, 1995 This is first reading for Ordinance No. 57-95 which amends Section 4.6.5 of the Land Development Regulations concerning walls, fences and hedges. Commission directed staff to pursue this amendment on April 4, 1995. An initial proposal was considered on July 11th, at which time several members of the public spoke in opposition to the 3 foot height restriction proposed for front yard setbacks. The Commission denied the amendment and directed staff to redraft it so that it would address both the public and Commission concerns. The purpose of the revised amendment is threefold: (1) It includes the previous recommendation to restrict the height of walls, fences and hedges within front yard setbacks and at intersections if they obstruct visibility or otherwise interfere with sight triangles. Additional language has been added which prohibits installation of hedging, walls or fences in the front yard if they create a sight obstruction. (2) Restric.ts the fence types which can be used in front yards unless screened by hedging. (3 ) Includes a five year amortization clause to apply only to fences, walls and hedges which create traffic sight distance conflicts. The Planning and Zoning Board considered the proposed amendment at public hearing on September 18, 1995, and voted 6 to 0 to recommend that it be approved. They did add additional language of II or street side yard" to Section 4.6.S(C) to clarify that a 6 foot height limit applies to the street side yard. Recommend approval of Ordinance No. 57-95 on first reading. If passed, a public hearing will be held on October 24, 1995. ¡::;¡¡'¿ EO 5-0 - ref:agmem015 . FAILED ON FIRST READING - 10/10/95 ____...._n._.v__~__._ ..-....._.--, "----- "_·_·___.,.w_.._ >____._~._._,~_.._....,~. .._~_"____"~___~'_~_'___'~___"___'_~ "_'~"'_"'._'____~__._~ >_.~_.."k~'~ . _. _ __._..'. __ ._~ .__..'.. jf Ii II ORDINANCE NO. 57-95 Ii ¡[ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ,I Ii II DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.5, "WALLS, FENCES, AND HEDGES", OF THE LAND DEVELOPMENT ¡i !i REGULATIONS OF THE CITY OF DELRAY BEACH, TO RESTRICT THE MAXIMUM HEIGHT OF WALLS, FENCES AND HEDGES WITHIN i' FRONT YARD SETBACKS AND AT INTERSECTIONS TO ELIMINATE I, SIGHT OBSTRUCTIONS; RESTRICTING THE USE OF CERTAIN ¡: ¡: Ii FENCE TYPES IN FRONT AND STREET SIDE YARDS UNLESS , HEDGING; PROVIDING AN AMORTIZATION SCREENED BY i¡ CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING " CLAUSE, AND AN EFFECTIVE DATE. , I i WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of September 18, 1995, and has forwarded the change with a recommendation of approval by a vote of 6 to 0; 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 4.6, "Supplemental District Regulations", Section 4.6.5, "Walls, Fences, and Hedges", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: I Section 4.6.5 Walls, Fences, and Hedges , I, (A) Relationship to travelways: ~Ø/V1ialls, fences, hedges, I or similar structures shall ßQt be erected in the public right-of-way nor close to the public right-of-way in a manner which the City i! ¡! Engineer determines will obstruct visibility or otherwise interfere :i with the proper flow of vehicular traffic, pedestrian safety, or the " I I provision of services. On a corner lot. fences or walls shall not be I erected or maintained at a height exceeding three feet ( 3 ' ) within ¡ twenty-five feet (25') of the intersection measured from a point where , the extension of ultimate right-of-way lines meet. Fences. hedges and I I walls shall not be erected or maintained at a height exceeding three , feet ( 3 ' ) in the front yard setback if it creates a sight obstruction I. to neighboring properties. ! I I ! I i FAILED ON FIRST READING - 10/10/95 . i . FAILED ON FIRST READING - 10/10/95 ---- " (B) Dangerous features: No walls, fences or hedges shall contain any substance such as, but not limited to, barbs, broken glass, nails or spikes, nor shall a fence be electrically charged. However, two feet of barbed wire may be placed upon a six foot or higher fence in nonresidential zone districts. (C) Height Restrictions: Any wall, fence or hedge located in a tø~~~tø~ front yard or street side yard shall not exceed six feet (6' ) in height. Any wall, fence or hedge located in an tø~~~tø~ interior side or rear yard shall not exceed eight feet ( 8 ' ) in height. Such height is further regulated by subsection (A), above. .L1tl. Fence Types: Chain link. bo~rd on board. and shadow " box fences are prohibited in the front and street side yards unless ',I screened by hedqes. II i ill Amortization Clause: Fences. walls and hedqes in existence as of October 3. 1995. which are deemed to create a traffic !I siqht obstruction shall comply with the above heiqht restrictions by II October 3. 2000. ¡¡ i. Section 2. That all ordinances of ordinances in " or parts f! 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 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. I' " , Section 4. That this ordinance shall become effective 'I Ii immediately upon passage on second and final reading. ., i¡ !: I, PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. I ¡ MAY 0 R i ATTEST: I ! City Clerk I First Reading I Second Reading , ì - 2 - Ord. No. 57-95 ¡ I I FAILED ON FIRST READING - 10/10/95 I . - . o~ ~ CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER ~0A~ THRU: D MING EZ; RECTOR ~TMENT 0 P NING AND ZONING ~h FROM: PAUL DORLlNG PRINCIPAL PLANNER SUBJECT: MEETING OF OCTOBER 10, 1995 ORDINANCE AMENDING SECTION LDR SECTION 4.6.5 FOR WALLS. FENCES. AND HEDGES. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval on first reading of a LDR text amendment to Section 4.6.5 (Walls, Fences and Hedges). BACKGROUND: On April 4, 1995 the City Commission initiated a LDR text amendment to Section 4.6.5. The amendment was initiated in part to address aesthetic concerns of certain fence types in the front yards as well as sight obstructions caused by the current height Amendments to this LDR section were before the Planning and Zoning Board at their June 19, 1995 meeting. The amendment considered a reduction in fence height from six feet (6') to three feet (3') within the front setback area. Further, the amendment proposal included a maximum height restriction of three feet (3') within the sight triangle area at intersections (within 25' of the intersection of the two streets). The Board voted 5 to 2 (Frank Wheat and Louis Carbone dissenting) to recommend approval of the amendment as modified. The two dissenting members did not oppose the amendment but were opposed to the amortization clause. The City Commission considered the amendment at their July 11, 1995 meeting at which time several members of the public spoke in opposition to the 3' height restriction in the front yard setback including Sandra Almy (Beach Property Owners Association), Helen Coopersmith (PROD), Joe Kamarata (Tropic Palms), and Conrad Sittler. After lengthy discussion the City Commission denied the proposed amendment. The City . , . City Commission Documentation Amendment to LDR Section 4.6.5 Walls, Fences, and Hedges Page 2 Commission then directed staff to draft an amendment that would address both the public's and the Commission's concerns and accommodate the following; * Restriction of chain link, board on board, and shadow box fences in all front yards unless they are screened with hedging. * Amortization clause is to apply only to fences, walls and hedges which create traffic sight distance conflicts. * Continue to include previous amendments relating to provision of sight triangles. * Add additional language which prohibits installation of 6' hedging, walls or fences in the front yard if they create a sight obstruction. The attached LDR amendment language has incorporated the above items. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of September 18, 1995. No one spoke during the public hearing. The Board recommended approval of the LDR amendment on a unanimous (6-0) vote. After consideration by the Planning and Zoning Board the additional language of "or street side yard" was added to Section 4.6.5. (C) to provide clarification that a 6' height limit applies to the side street yard. RECOMMENDED ACTION: By motion, approve the first reading of an amendment to the Land Development Regulations Sections 4.6.5 Attachments: * Proposed LDR Amendment . City Commission Documentation Amendment to LDR Section 4.6,5 Walls, Fences, and Hedges Page 3 Section 4.6.5 Walls, Fences. and Hedges: (A) Relationship to travelways: Ne Walls, fences, hedges, or similar structures shall D.Qt be erected in the public right-of-way, nor close to the public right-of- way in a manner which the City Engineer determines will obstruct visibility or otherwise interfere with the proper flow of vehicular traffic, pedestrian safety, or the provision of services. On a corner lot. fences or walls shall not be erected or maintained at a height exceeding three feet (3') within 25' of the intersection measured from a point where the extension of ultimate right of way lines meet. Fences. hedges and walls shall not be erected or maintained at a height exceeding three feet in the front yard setback if it creates a sight obstruction to neighboring properties. (B) Dangerous features: No walls, fences, or hedges shall contain any substance such as, but not limited to, barbs, broken glass, nail, or spikes nor shall an fence be electrically charged. However, two feet of barbed wire may be placed upon a six foot or higher fence in nonresidential zone districts. (C) Height Restrictions: Any wall, fence, or hedge located in a requir-ed front yard or street side yard shall not exceed six feet (6') in height. Any wall, fence, or hedge located in an required interior side or rear yard shall not exceed eight feet (8') in height. Such height is further regulated by subsection (A), above. .{Q} Fence Types: Chain link. board on board. and shadow box fences are prohibited in the front and street side yards unless screened by hedges. !El Amortization Clause: Fences. walls and hedges in existence as of October 3. 1995 which are deemed to create a traffic sight obstruction shall comply with the above height restrictions by October 3.2000. S:FENCE.DOC . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM i /~.t:._ MEETING OF OCTOBER 10. 1995 FIRST READING FOR ORDINANCE NO. 59-95 (CRITERIA TO WAIVE DEVELOPMENT APPLICATION. PLAN CHECK AND PERMIT FEES FOR ELIGIBLE NON-PROFIT AND SERVICE ORGANIZATIONS) DATE: OCTOBER 5, 1995 This is first reading for Ordinance No. 59-95 which amends Section 2.4.3(K)(7) of the Land Development Regulations concerning the criteria to waive development application, plan check and permit fees for eligible non-profit and service organizations. In January of 1992, the City Commission approved a policy allowing the City Manager to consider requests for fee waivers from certain groups. The policy has been in effect and several waivers have been approved. However, the applicable section of the LDRs was never amended to incorporate the policy. Hence, this amendment is a housekeeping item. The Planning and Zoning Board considered this matter at public hearing on September 18, 1995, and voted unanimously (6 to 0) to rec9mmend that the amendment be approved. Recommend approval of Ordinance No. 59-95 on first reading. If passed, a public hearing will be held on October 24, 1995. ref:agmemo14 . ORDINANCE NO. 59-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(K)(7), "EXCEPTIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE CRITERIA FOR THE WAIVER OF DEVELOPMENT APPLICATION, PLAN CHECK AND PERMIT FEES FOR ELIGIBLE NON-PROFIT AND SERVICE ORGANIZATIONS; 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 September 18, 1995, and has forwarded the change with a recommendation of approval by a vote of 6 to 0; 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 Two, "Administrative Provisions", Article 2,4, "General Procedures", Section 2 . 4 . 3 , "Submission Requirements", Subsection 2.4.3(K), "Fees", subparagraph 2.4.3(K)(7), "Exceptions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (7 ) Exceptions: (a) Application and permit fees shall not apply to requests initiated by the City, any agency of the City, or by other units of government. (b) W_týøt/Ø~/p_ý¢ø~t/Ø~/~pp~t¢~ttø~/~~~/pøt¢tt/~ØØ~ ¢_ý/~Ø/~t~~tø~/~ý/t~Ø/øttý/ØØ¢¢t~~tø~/~øt/~ØØ~/~~~ ¢~~¢t~~tt~~/¢~¢¢Ø/~pØ~/~tt~tø~/_pp~t¢_~tø~/~~tø~~~ t~ø //øttý //~~~~~øtJ Waiver of payment of development application. plan check and permit fees may be granted by the City Manager upon a written request from eligible non-profit and service organizations. Those organizations eligible for waiver consideration are: . 1....... Non-profit organizations currently receiving a portion of their annual operating budqet from the United Wav and/or the City and possessinq a 501C(3) desiqnation from the State of Florida. L Service orqanizations which elect to sponsor and participate in special event and/or fund raisinq activities that are of benefit to the qeneral public. For this purpose, eliqible orqanizations must provide in writinq the extent of their involvement with the proposed activity. A group's physical presence (active involvement) durinq the event is required. J...QÌ The waiver of fees is applied in the following manner: 1....... Fees assessed under Section 2.4.3(K)(l). Development Applications. 100% of assessed fees may be waived. L Fees assessed under Section 2.4.3(K)(2) and (3). Plan Check and Permit Fees. no more than 70% of the assessed fees may be waived. l....... All fees may be waived for the use of the City's portable staqe when used in conjunction with special event activities and activities held at City facilities. 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 passage on second and final reading. - 2 - Ord. No. 59-95 . 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 - 3 - Ord. No. 59-95 or< fJM . CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER '-----'-- : \ I / ',\'--/ . ,.,./ THRU: DIÀN'E 'ÓOMINGUEZ, DIRECTOR ~ARTMENT OF PLANNING AND ZONING th~~ aft-n. FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF OCTOBER 10, 1995 AMENDMENT TO LDR SECTION 2.4.3(K)(7) PROVIDING CRITERIA TO WAIVE DEVELOPMENT APPLICATION AND PERMIT FEES FOR CERTAIN NON-PROFIT AND SERVICE ORGANIZA TIONS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of an amendment to LDR Section 2.4.3(K)(7), relative to exceptions to the requirement for the payment of development application and permit fees. BACKGROUND: The City Commission approved a policy allowing the City Manager to consider requests for fee waivers from eligible non-profit and service organizations on January 21, 1992. Subsequently, several waivers have been approved in accordance with the policy, however the LDRs were never amended to incorporate the waiver policy. The attached Planning and Zoning Board staff report provides additional background and an analysis of the request. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of September 18, 1995. There was no public testimony on the item. The Board voted unanimously to recommend approval of the amendment. . City Commission Documentation Amendment to LDR Section 2,4,3(K)(7) Providing Criteria to Waive Development Applications and Permit Fees for Certain Non-Profit and Service Organizations Page 2 RECOMMENDED ACTION: 0 By motion, approve the amendment providing for criteria to waive development application and permit fees for certain non-profit and service organizations, as provided in the attached ordinance. Attachments: · P&Z Staff Report of September 18, 1995 · Proposed LOR amendment · Ordinance (by others) . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: SEPTEMBER 18, 1995 AGENDA ITEM: V.!. AMENDMENT TO THE LAND DEVELOPMENT REGULA TIONS SECTION 2.4.3(K)(7) PROVIDING FOR CRITERIA TO WAIVE DEVELOPMENT APPLICATION AND PERMIT FEES FOR CERTAIN NON-PROFIT AND SERVICE ORGANIZATIONS ITEM BEFORE THE BOARD: The item before the Board is that of recommending to the City Commission approval of an amendment to the Land Development Regulations to allow the waiver of fees defined under Section 2.4.3(K)(1) "Development Applications" and Section 2.4.3(K)(2) and (3) "Plan Check Fees" and "Permit Fees" for eligible non-profit and service organizations. BACKGROUND With the adoption of the Land Development Regulations (LDRs) in October 1990, a waiver provision was provided for the payment of development application and permit fees. The approval of fee waivers was by the City Commission on a request by request basis. After considering several waivers from for-profit and non-profit organizations the City Commission directed staff to develop a policy regarding the waiver of fees for non-profit organizations. On January 21, 1992, the City Commission approved the policy allowing the City Manager to consider requests for fee waivers from eligible non-profit and service organizations. Several waivers have been approved in accordance with the policy. However the LDRs were never amended to incorporate the waiver policy. ANAL YSIS The policy enacted by the City Commission allows the City Manager to consider requests from eligible groups. Those eligible for waiver consideration are: 1. Non-profit organizations currently receiving a portion of their annual operating budget from the United Way and/or the City and possessing a 501 C(3) designation from the State of Florida. . Planning and Zoning Board memorandum Staff Report LDR Text Amendment - Waiver Provisions for Development Applications and Permit fees Page 2 . . 2. Service organizations who elect to sponsor and participate in special event and/or fund raising activities that are of benefit to the general public. For this purpose, eligible organizations must provide in writing the extent of their involvement with the proposed activity. A group's physical presence (active involvement) during the event is required. The policy provides that 100% of assessed fees under Section 2.4.3(K)(1), Development Applications, may be waived. Examples of those fees include rezonings, site plans and conditional uses etc. Further, that no more than 70% of the assessed fees under Section 2.4.3(K)(2) and (3), Plan Check and Permit Fees may be waived. Also, all fees may be waived for the use of the City's portable stage when used in conjunction with special event activities and activities held at City facilities such as the Delray Affair. The existing LOR provision regarding the waiver of payment of application fees requires the City Commission to review waiver requests on a case by case basis and is in conflict with this City policy. Thus it is appropriate to amend the LDRs to be consistent with the established policy. RECOMMENDED ACTION: By motion, recommend that the City Commission approve the proposed amendment to LOR Section 2.4.3(K)(7) as attached. Attachment: * Proposed Amendment Report Prepared by: Jasmin Allen , PROPOSED AMENDMENT - LOR Section 2.4.3(K) (7) Exceptions: f91 VV-3iver of payment of application and permit fees may be granted by the City Commission for good ::md substanti:J1 cause upon written application through the City Manager. .(b) Waiver of payment of development applications. plan check and permit fees may be granted by the City Manager upon a written request from eligible non-profit and service organizations: Those organizations eligible for waiver consideration are: ill Non-profit organizations currently receiving a portion of their annual operating budget from the United Way and/or the City and possessing a 501 C(3) designation from the State of Florida. !2l Service organizations who elect to sponsor and participate in special event and/or fund raising activities that are of benefit to the general public. For this purpose. eligible organizations must provide in writing the extent of their involvement with the proposed activity. A group's physical presence (active involvement) during the event is required. .Ql The waiver of fees is applied in the following manner: W Fees assessed under Section 2.4.3(K)(1 ). Development Applications. 100% of assessed fees may be waived. .(b) Fees assessed under Section 2.4.3(K)(2) and (3). Plan Check and Permit Fees. no more than 70% of the assessed fees may be waived. .(ç) All fees may be waived for the t,Jse of the City's portable stage when used in conjunction with special event activities and activities held at City facilities. repfee1 . " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM i I~' F. - MEETING OF OCTOBER 10. 1995 FIRST READING FOR ORDINANCE NO. 60-95 (NOTICE REOUIREMENTS) DATE: OCTOBER 5, 1995 This is first reading for Ordinance No. 60-95 which amends Section 2.4.2(B)(1) of the Land Development Regulations to conform with recently enacted changes to the Florida Statutes concerning notice requirements. During the 1995 legislative session, the notice requirements for rezonings, Comprehensive Plan amendments initiated by the municipality, and changes to the permitted, conditional or prohibited uses within a zoning category were amended. The proposed ordinance keeps the LDRs consistent with statutory requirements. The Planning and Zoning Board considered this matter at public hearing on September 18, 1995¡ and voted unanimously (6 to 0) to recommend that the amendment be approved. Recommend approval of Ordinance No. 60-95 on first reading. If passed, a public hearing will be held on October 24, 1995. ref:agmemo12 . ' . ORDINANCE NO. 60-95 AN ORDINANCE, OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.2, II NOTICE REQUIREMENTS II , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING SUBSECTION 2.4.2(B)(1) IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION 2.4.2(B)(1), II NOTICE II , TO CONFORM NOTICE REQUIREMENTS FOR CERTAIN LAND DEVELOPMENT APPLICATIONS WITH STATUTORY REQUIREMENTS; 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 September 18, 1995, and has forwarded the change with a recommendation of approval by a vote of 6 to 0; 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 Two, "Administrative Provisions", Article 2,4, "General Procedures II , Section 2.4.2, "Notice Requirements II , Subsection 2.4.2(B), "Public Hearing Requirements II , subparagraph 2.4.2(B)(1), "Notice", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby repealed in its entirety, and a new subparagraph 2.4.2(B)(1), "Notice", is hereby enacted to read as follows: ( B) Public Hearing Requirements: The following notice requirements and hearing procedures shall be complied with whenever an action before a Board requires consideration at a public hearing. These requirements are in addition to any requirements for public hearing notice which are otherwise required by State Law or City Commission procedures. ( 1 ) Notice: All public hearings shall be noticed through letters to property owners, legal advertisements, or display advertisements as set forth below. . · (a) Annexations: 1. Non-voluntary: Notice requirements contained within applicable sections of Florida Statutes Chapter 171 shall apply. [Amd. Ord. 2-95 1/17/95] 2. Voluntary: Notice requirements contained within applicable sections of Florida Statutes Chapter 171 and City Charter Section 2.03 shall apply. In addition, the same procedures as are used for noticing a rezoning shall apply. [Amd. Ord. 2-95 1/17/95] (b) Privately Initiated Rezoning: Notice requirements contained within the applicable sections of Florida Statutes Chapter 166 shall apply. The City shall mail a letter notice of the Planning and Zoning Board public hearing to the owner(s) of all property located within five hundred feet (500') of the perimeter of the property being rezoned no later than ten (10) calendar days prior to the public hearing held before the Planning and Zoning Board. (c) City Initiated Rezoning: Notice requirements contained within the applicable sections of Florida Statutes Chapter 166 shall apply. The City shall provide notice of the Planning and Zoning Board public hearing in accordance with Chapter 166, Florida Statutes, except that letter notices will be mailed no later than ten (10) calendar days prior to the public hearing before the Planning and Zoning Board. In cases where letter notices are required, notice of the Planning and Zoning Board public hearing shall be made to the real property owner whose land is being changed as well as to the owner(s) of all property located within five hundred feet (500') of the perimeter of the property being rezoned. (d) Principal. Conditional or Prohibited Use Changes: Notice requirements contained within the applicable sections of Florida Statutes Chapter 166 shall apply. (e) Conditional Uses: The City shall provide notice of the public hearing before the Planning and Zoning Board to the owners of all property located within five hundred feet (500') of the perimeter of the property on which the conditional use will operate. Notice shall be mailed no later than ten (10) calendar days prior to the public hearing before the Planning and Zoning Board. In addition, a public notice shall be published in the legal section of a newspaper and shall appear no later than ten (10) calendar days prior to said public hearing before the Planning and Zoning Board. - 2 - Ord. No. 60-95 · (f) Variances before the Board of Adjustments: The City shall provide notice of the public hearing before the Board of Adjustment to the owners of all property located within five hundred feet (500' ) of the perimeter of the property on which the variance is being sought. Notice shall be mailed no later than ten (10 ) calendar days prior to the public hearing before the Board of Adjustment. (g) Variances before the Historic Preservation Board: Notice shall be by mail in the same manner as in Subsection 2.4.2(B) (1) (f). (h) Amendments to the Comprehensive Plan: Notice requirements pursuant to Florida Statutes Chapter 163 shall apply. In addition, notice for proposed changes to the Future Land Use Map shall be noticed in the same manner as in Section 2.4.2(B)(1)(b) or (c) , as appropriate. (i) Other Public Hearings: All other public hearings required in the implementation or amendment of these Land Development Regulations shall be advertised in the legal section of a newspaper at least ten (10) days prior to the hearing. ( j ) Concurrent Notice: When it is necessary to provide a letter notice of a public hearing for multiple hearings before one or more bodies, said notice may be combined within a single letter. (k) Form of Notice: Any notice for a public hearing, whether advertisement or letter, shall, at a minimum, contain the following: * Date of the public hearing * Purpose of the public hearing * Location of the property which is the subject of the hearing * Identification of the location of information about the subject of the public hearing (I) Newspaper Preference: There is no legislative preference pertaining to the publication of required notices provided that the newspaper is published at least five days per week. - 3 - Ord. No. 60-95 · (m) Establishment of Mailing List: Whenever notice is to be provided by a letter, the owners of property to be notified shall be considered to be those recorded on the latest official county tax roll. A list of such owners along with their mailing addresses shall be provided as a part of the development application and shall be accompanied by an affidavit stating that to the best of the applicant's knowledge, the list is complete and accurate. The list shall be accompanied by a drawing showing all property lying within five hundred feet (500' ) of the property under consideration, and mailing labels that would include the property owners names and mailing addresses. ( n) Change in Project: During the course of processing, a development request which requires public hearing notice may be changed by the applicant without requiring renotice, provided that: * The change is not to a new zoning designation which is deemed to accommodate more intensive use; or * The change does not allow the introduction of a new type of use or another use which, in and of itself, is subject to a public hearing. 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. ATTEST: MAY 0 R City Clerk First Reading Second Reading - 4 - Ord. No. 60-95 , .. ~1 " CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER : , J') ", , . "-..A' "/'1'" THRU: DIANËDOMINGUEZ" DIRECTOR t::E~NNING AND ZONING FROM: ASMIN ALLEN, PLANNER {ÀJ (P{)-c¡S' SUBJECT: MEETING OF OCTOBER 10, 1995 AMENDMENT TO LDR SECTION 2.4.2(B)(1) REGARDING NOTICE REQUIREMENTS FOR CERTAIN LAND DEVELOPMENT APPLlCA TIONS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of an amendment to LOR Section 2.4.2(B)(1) relative to notice requirements for certain land development applications. BACKGROUND: The 1995 Legislative session amended notice requirements for certain land use items. Since the notice requirements within the LDRs were tailored after those contained within the Florida Statutes, the LDRs are no longer consistent with the new statute requirements. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of September 18, 1995. There was no public testimony on the item. The Board voted unanimously to recommend approval of the amendment. RECOMMENDED ACTION: 0 By motion, approve the amendment the Section 2.4.2(B)(1) notice requirements as provided in the attached ordinance. Attachments: . P&Z Staff Report of September 18, 1995 . Ordinance (by others) . , PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: SEPTEMBER 18, 1995 AGENDA ITEM: V.J. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.2 (B)(1) REGARDING NOTICE REQUIREMENTS FOR CERTAIN LAND DEVELOPMENT APPLICATIONS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding amendments to the LDR's Sections 2.4.2(B)(1) (b), (c), (d), (e), (f), (g) and (h) notice requirements for certain land development applications and creating a new subsection, notice requirements for use changes within zoning districts. BACKGROUND With the adoption of the LDR's in 1990, the notice requirements for amendments to the Comprehensive Plan and Rezonings were tailored after those contained in Florida Statutes Sections 166.041 and 163.3184. In the 1995 legislative session, the notice requirements were amended for rezonings, amendments to the comprehensive plan initiated by the municipality, and changes to the permitted (principal), conditional or prohibited uses within a zoning category. The LDRs are no longer consistent with current statute requirements. ANALYSIS Under the former statute, the amount of land being rezoned determined the type of notice required. Formerly, the notice requirements depended upon whether the municipality was rezoning more or less than 5% of its land area. Under the new law, the line is drawn at "10 or more contiguous acres". If the amount of land being rezoned contains less than 10 contiguous acres, then individual notices should be sent to the individual property owners. If the ordinance will either change the permitted, conditional, or prohibited uses or . . Planning and Zoning Board Memorandum Staff Report Amendment to the Land Development Regulations Section 2.4.2(B), Notice Requirements Page 2 change the zoning map designation on parcels involving 10 contiguous acres or more, then notice is provided by published advertisements. With respect to changes in the permitted, conditional or prohibited uses, the notice requirements were not addressed by the LORs. For the adoption of such ordinances the procedures contained in the statutes were followed. The former law only required compliance for ordinances which substantially changed the permitted use categories in zoning districts. Under the new law any ordinance initiated by the municipality which alters the permitted, conditionally or prohibited use must now comply with the stated notice procedures. Changes to the notice requirements regarding conditional uses and variances are solely housekeeping matters, eliminating references to the rezoning procedures and specifying the required procedures for those individual items. Rather than repeat the notification requirements that are contained within the Florida Statutes, the proposed amendment will simply refer to those existing requirements. Therefore, if the statutes are amended in the future, the LOR's will automatically be consistent with the amended provisions. RECOMMENDED ACTION: By motion recommend to the City Commission adoption of the LOR amendments to Section 2.4.2(B)(1)(b), (c), (d) (e) (f) (g) and (h) and enact a new subsection regarding use changes as follows: (B) Public Hearing Requirements: The following notice requirements and hearing procedures shall be complied with whenever an action before a Board requires consideration at a public hearing. These requirements are in addition to any requirements for public hearing notice which are otherwise required by State Law or City Commission procedures. (1 ) Notice: All public hearings shall be noticed through letters to property owners, legal advertisements, or display advertisements as set forth below. (b) RozoRing of le&s than 5% of total land area of tho City: The owner(e:) of :111 property loc3ted ':.'¡thin five hundred feet (500') of the perimeter of the property to be rezoned e:hall be notified of the proposed r-ezoning by letter poe:tmarked 3t least ten (10) c31endar daye: prior to the public he3ring held before the Planning and Zoning Board. . Planning and Zoning Board Memorandum Staff Report Amendment to the Land Development Regulations Section 2.4.2(B), Notice Requirements Page 3 (c) Rezoning of more than 5% of total land area of the City: Thore nood not bo letter notice to property ownors. Notico shall be made pursuant to F.S. 166.041 (3)(0)2 '/lith one hearing held before the Planning and Zoning Board and that hearing noticed in accordanco '.\lith said section. (d) City Initiated Rezoning: In rezonings of loss than 5% of the total land area of the City that are initiated by the City, a letter notice shall be mailod to the owner of the property to be oonsidered for rezoning. The letter shall be postmarked at loast thirty (30) days prior to the public hoaring held bofore the City Commission. This notice is in addition to that required by (B)(1)(b). (e) Conditional Uses: Notice shall be provided in the same manner as in Section 2:1.2(B)(1)(b). In addition, a public notice shall be published in the legal section of a ne·...'spaper and shall appear at least ten (10) days prior to the hearing before the Pkmning and Zoning Board. (f) Variances beforo tho Board of Adjustment: Notice shall be provided by mail in the same mannor as in Section 2.4.2(B)(1)(b). (g) Variances bofore the Historic Preservation Board: Notice shall be provided by mail in the same manner as in Subsection 2.4.2(B)(1)(b). (b) Privately Initiated Rezoning: Notice requirements contained within the applicable sections of Florida Statute Chapter 166 shall apply. The City shall mail a letter notice of the Planning and Zoning Board public hearing to the owner(s) of all property located within five hundred feet (500') of the perimeter of the property being rezoned no later than ten (1 0) calendar days prior to the public hearing held before the Planning and Zoning Board. (c) City Initiated Rezoning: Notice requirements contained within the applicable sections of Florida Statute Chapter 166 shall apply. The City shall provide notice of the Planning and Zoning Board public hearing in accordance with Chapter 166. Florida Statute. except that letter notices will be mailed no later than ten (10) calendar days prior to the public hearing before the Planning and Zoning Board. In cases where letter notices are required. notice of the Planning and Zoning Board public hearing shall be made to the real property owner whose land is being changed as well as to the owner(s) of all property located within five hundred feet (500') of the perimeter of the property being rezoned . Repealing Section 2.4.2(B)(1)(d) and enacting a new subsection: (g) Principal. Conditional or Prohibited Use Changes: Notice requirements contained within the applicable sections of Florida Statute Chapter 166 shall apply. ". ' . ~ Planning and Zoning Soard Memorandum Staff Report Amendment to the land Development Regulations Section 2,4,2(S), Notice Requirements Page 4 (e) Conditional Uses: The City shall provide notice of the public hearing before the Planning and Zoning Board to the owners of all property located within five hundred feet (500') of the perimeter of the property on which the conditional use will operate. Notice shall be mailed no later than ten (10) calendar days prior to the public hearing before the Planning and Zoning Board. In addition. a public notice shall be published in the legal section of a newspaper and shall appear no later than ten (10) calendar days prior to said public hearing before the Planning and Zoning Board. (f) Variances before the Board of Adjustments: The City shall provide notice of the public hearing before the Board of Adjustment to the owners of all property located within five hundred feet (500') of the perimeter of the property on which the variance is being sought. Notice shall be mailed no later than ten (10) calendar days prior to the public hearing before the Board of Adjustment. (g) Variances before the Historic Preservation Board: Notice shall be by mail in the same manner as in Subsection 2.4.2(B)(1)(f). (h) Amendments to the Comprehensive Plan: Notice requirements pursuant to F.S. Chapter 163 shall apply. In addition, notice for proposed changes to the Future Land Use Map shall be noticed in the same manner as in Section 2.4.2(B) (1) (b) or ~ .(ç), as appropriate. Report Prepared by: Jasmin Allen . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Vo/CITY MANAGER SUBJECT: AGENDA ITEM i ¡,). ·G· - MEETING OF OCTOBER 10. 1995 FIRST READING FOR ORDINANCE NO. 61-95 (REVISED FEE SCHEDULE FOR THE ALARM ORDINANCE) DATE: OCTOBER 5, 1995 This is first reading for Ordinance No. 61-95 which amends the City's alarm ordinance (Chapter 112 of the City Code) by revising the fee schedule for multiple alarm malfunctions or false alarms responded to by the Police or Fire Department at the same premises during each calendar year. In January, 1995, the Commission adopted the new alarm 'ordinance which contained a graduated fine structure for responses to false alarms. No fee is assessed for the first three false alarms, $50 for the fourth, $100 for the fifth, $150 for the sixth, and $200 for the seventh and more. As outlined in the attached memo~andum from the Police Department, this fee structure seems to be excessive and somewhat overwhelming to business owners and residents interested in taking appropriate crime prevention measures to ensure the safety of their properties. In addition, there is some difficulty in administering the ordinance and it has caused some erosion of the team effort between citizens and Police which the department has worked so hard to establish. For these reasons, staff proposes that the fee schedule for false alarm responses be adjusted to a flat $25.00 fine per alarm in excess of three per calendar year at the same premises. Recommend approval of Ordinance No. 61-95 on first reading. If passed, a public hearing will be held on October 24, 1995. ref:agmemo13 . , . . . ORDINANCE NO. 61-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 112, II ALARM SYSTEMS II , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 112.27, "MULTIPLE ALARM MALFUNCTIONS OR FALSE ALARMS DECLARED A PUBLIC NUISANCE; FEE CHARGES II , SUBSECTION 112.27(B), TO REVISE THE FEE SCHEDULE FOR RESPONSES TO FALSE ALARMS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 1-95, enacting a new Chapter 112, IIAlarm Systems II , to provide for the regulation of alarm systems within the City of Delray Beach; and WHEREAS, pursuant to Ordinance No. 1-95, Section 112.27 (B) of the City Code sets forth the fee schedule for multiple alarm malfunctions or false alarms responded to by the Police Department or the Fire Department at the same premises during each calendar year; and WHEREAS, the City Commission finds the current fee schedule to be excessive and not in the best public interest; and WHEREAS, the City Commission desires to implement a revised fee schedule. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 112, "Alarm Systems", Section 112.27, "Multiple Alarm Malfunctions or False Alarms Declared a Public Nuisance; Fee Charges", Subsection 112.27(B), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) No fee shall be assessed for the first three ( 3) false alarms at the same premises responded to by the Police Department or the Fire Department during each calendar year. Thereafter, a fee of 825.00 t~Ø/t¢¡¡¢_t_~/tøø¢ shall be paid by the alarm user for each false alarm responded to by the Police Department or the Fire Department at the same premises during each calendar year. ~~¢~øt/¢t/V_¡¢Ø/~¡_t¢¢ ¢t/~¡_t¢/~_¡t~_¢tt¢_¢ Vøø . , Yø~tt~//J/J/J/J/J/J/J/J/J/J/J/$/~øJøø Yt~t~/J/J/J/J/J/J/J/J/J/J/J/J//)ØøJøø ~ttt~/J/J/J/J/J/J/J/J/J/J/J/J//)~øJøø ~¢ý¢~t~/Ø~~/Ø~øý¢/J/J/J/J/J/J//7ØØJØØ/¢Ø¢~ Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4 . That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on ~econd and final reading on this the day of \ 1995. , MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 61-95 DElR>\Y BEACH Delray Beach Police Department tze:d All-America City 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 1 I I II ' (407) 243-7888 Fax (407) 243-7816 MEMORANDUM ì ljq;, RECEIVED TO: David T, Harden, City Manager SEP , 4 1995 1 Joseph L Schroeder, Captain };lß /« ,¿ _ CITY Mil"" . , I1rFIC~ FROM: Patrol DIVIsIon Commander ' / ç, ,~ . - " . .... THRU: llichard G. Overman, Chier O;~~lice ~ DATE September 13, 1995 SUBJECT: PROPOSED CHANGES TO THE ALARM ORDINANCE The Police Department responds to thousands of alarm calls in a year, Many of those alarms turn out to be alarms in which the cause of the activation is unknown to the officer who responds, Those alarm calls are chargeable under the current city ordinance and alarm owners are amassing extremely large bills due to our response. What we have found at the Police Department over the past eight months of dealing with the alarm ordinance is that fine structure for police responses to alarms has a significant impact upon business owners and residents, It is the recommendation of the Police Department that the City Commission reconsider the fine structure for police responses to alarms, Since March 7th, the Police Department has responded to 4,751 alarms, Of those 4,751 alarms. 4,418 were chargeable under the ordinance with a total billable amount of $128,050,00, In contrast, the Fire Department has not billed a single chargeable alarm since the inception of the ordinance. In developing the alarm ordinance, one of the goals was to curb responses to alarms that continually malfunction, This has been handled by the requirement of the owner to have their alarm company check out the alarm to determine if it is operating properly, The fine structure also provides the incentive for alarm owners to have the alarm systems in proper working order but our current fine structure is so steep that it is overwhelming for many small business owners and residents, Therefore, it is the recommendation of the Police Department that the current alarm fine structure for police responses to alarms be adjusted as follows: CURRENT PROPOSED 0-3 Free 0-3 Free Fourth $50 Fourth $25 Fifth $100 Fifth $25 . . , SUBJECT: PROPOSED CHANGES TO THE ALARM ORDINANCE September 13, 1995 Page 2 Sixth $150 Sixth $25 Seventh & more $200 Seventh & More $25 As you can see by this proposal, we have eliminated the ever increasing fine for repetitive alarms, In contacting Boca Raton, Boynton Beach, and Palm Beach County, we found that our fines were substantially higher than our neighbors, In Boca Raton, the first two alarms per year are :tree then there is a $27,00 fine per alarm regardless of the number of alarms, Palm Beach County allows the first two alarms to be free then there is a $25,00 fine per alarm regardless of the number of alarms, In Boynton Beach, the first three alarms are :tree and then there is a $25,00 fine for the fourth alarm, a $50,00 fine for the fifth alarm and a $100,00 fine for the sixth and any additional alarms There are also several other reasons for our position, First, many alarm activations are impossible to determine the actual cause for the activation, Business owners and residents will always say that the alarm prevented a burglary, yet there is no detectable evidence to indicate that an actual attempt was made, If an alarm goes off seven times in a year and the cause of the activation was undetermined, then that owner would face a bill of $500,00, This is a substantial burden for the alarm owner and leaving the owner with very few options, Secondly, we want business owners and residents to take appropriate crime prevention measures to ensure the safety of their properties, The very harsh fines may actually cause some to either disconnect their alarms, have their alarm companies no longer contact the police, or may even discourage individuals :trom ever installing an alarm in the first place, That is not the goal of our ordinance, We want alarm owners to ensure their alarms are operating properly, we do not want to discourage them :trom using the systems, The third reason is the difficulty in administering the ordinance because of the numerous complaints, not based on our response, but on the fines, The ordinance does not provide a vehicle to appeal a bill, it only allows for appeals on orders to disconnect, This appeal is made to the Code Enforcement Board and this would cause a tremendous burden on the Code Enforcement Department and Board as they can anticipate a high volume of appeals dealing with the fines, Finally, but certainly not least of our reasons, is the breakdown of harmony and teamwork between the citizens of Delray Beach and the Police Department. Over the past several years, we have worked very hard in developing a partnership with our community to resolve the crime problems we face, The fines associated with our response to alarms pits the Police Department against the citizens who are trying to do what they can to keep their properties safe and secure, By reducing the fines we would bring about better understanding by the community as well as better compliance as we will return to a team effort as opposed to an us versus them situation, . , . . SUBJECT: PROPOSED CHANGES TO THE ALARM ORDINANCE September 13, 1995 , Page 3 There is a downside to making a change at this stage of the process, We have mailed out 114 bills totaling $13,800,00 and to date have received $3,000,00, If the fine structure were to be adjusted the City must consider how they would handle the monies that were paid under the earlier fee structure, In closing, it is the recommendation of the Police Department that the City Commission consider adjusting the fine structure for alarms that are responded to by the Police Department We feel that such an adjustment would be in the best interest of the city, the Police Department and our citizens, JLS/gb . ' , ~..' 'r~-..Þ;·;./- \ L ' ( "~;./ /'"'G-/-I&' ,-<{;t- (~ ( ~~~.0 ~\ . flc~ ')r:~ RECEIVED , " lol.·-k~l- t-v/ùj¿c CotleUl ~w-~ ( SEP 2 6 1995 HeariDg CITY Mt'i"· -"-"" Landscape Architecture September 21, 1995 -" , (¡('FlU. Planning Environmental Consulting Graphic Design .; Mr. David T. Harden, City Manager City of Delray Beach 100 N. W. 1 st Avenue Defray Beach, FL 33444 Dear Mr. Harden: We are forwarding this letter to you on behalf of the Blood family and attorney, Carol Stanley. We would like to thank the entire staff at the City of Delray Beach for their continued assistance and courtesy throughout the entire processing of the Blood's Hammock Grove Land Use Zoning and Annexation Petition. While the Blood's did not always hear what they wanted to hear, the City Staff responded to each conflict with an attitude of compromise and desire to assist in seeking an amicable resolution. While we were mostly involved with the Planning and Zoning Department throughout the process, we found the City's courtesy extended in all areas of the organization, including the Engineering Department and the Public Works Department. We would particularty like to recognize Diane Dominguez, Paul Dorling and John Walker of the Planning Department and Mr. Dan Beatty of the Engineering Department. Obviously, there were many others as well. We would respectfully request that these Departments be recognized by the City Commission. It is refreshing to see a commonsense approach to government, with an emphasis of problem solving rather than problem finding and an attitude of public service. - DEH:cc G :\Projects\Blood\BGH-c20 10(,0 /'15 ~~hð.:lk ~ . Suite 402 ~. 1070 E, Indiantown Rood Jupiter, Florida 33477 407-747-6336 FAX 747·1377 . ,