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11-21-95 Regular - DElRAY BEACH CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~ NOVEMBER 21. 1995 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. ~IIII' COMMISSION CHAMBERS ~ The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activi- ty conducted by the City. Please contact Doug Randolph at 243 -7127 (voice) or 243-7199 (TDD), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with 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 November 21, 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 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 November 7, 1995 Special Meeting of November 14, 1995 6. Proclamations: A. OF NOTE: World AIDS Day - December 1, 1995 7. Presentations: A. RESOLUTION NO. 85-95: A resolution recognizing and commending Mitzi Clark for over 12 years of dedicated service to the City of Delray Beach. 8. Consent Agenda: City Manager recommends approval. A. RESOLUTION NO. 83-95: A resolution recognizing and commending Mary Louise Dostal for over 15 years of dedicated service to the City of Delray Beach. B. RESOLUTION NO. 87-95: A resolution temporarily naming N.W. 1st Avenue, from Atlantic Avenue to N.W. 3rd Street, as "Jerusalem Avenue" for the period January 1996 through March 1996 in recognition of Jerusalem's trimillenium, marking 3000 years since King David established the city. C. RESOLUTION NO. 86-95: A resolution opposing the Florida Department of Transportation reconstruction plans for the Ocean Avenue Bridge in Boynton Beach, and opposing any construction or reconstruction of bridges located within the City limits of Delray Beach utilizing U.S. Coast Guard guide clearances. -2- . ," Regular Commission Meeting November 21, 1995 D. RESOLUTION NO. 84-95: Adopt a resolution assessing costs for abatement action required to remove nuisances on 21 properties throughout the City. E. RATIFICATION OF CONSENSUS/OVERTIME FOR DELRAY AFFAIR: Ratify the Commission consensus of November 14, 1995, to approve the Chamber of Commerce's request to split City employee overtime costs 50/50 for the Delray Affair to be held April 12-14, 1996. F. SPECIAL EVENT APPROVAL/BUD LIGHT PRO/AM BEACH VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing, Inc. for special event approval to allow the Bud Light Pro/Am Beach Volleyball Tournament to be held at the municipal beach on March 23 and 24, 1996. G. LANDSCAPE WAIVER FOR BLOCK 76 REDEVELOPMENT (CRA PARKING LOT) : Approve a waiver to LDR Section 4.6.16(H) (3) (k) to not provide the required 5 foot wide landscape strip between parking tiers, adjacent to the 12 ft. pedestrian walkway, based upon positive findings. H. CHANGE ORDER NO. 2 AND FINAL PAYMENT /MOLLOY BROTHERS . INC. : Approve deduct Change Order No. 2 in the amount of $15,752.03 and final paYment in the amount of $76,902.48 to Molloy Brothers, Inc. for completion of Drainage Improvements on S.W. 1st Street and Eagle Drive; and for N. E . 2nd Street, Beverly Drive, and S.W. 4th Avenue, from 448-5411-538-62.39. 1. CONTRACT ADDITION (C.O. #15 FINAL) & FINAL PAYMENT/CHAZ EQUIPMENT COMPANY. INC. : Approve Contract Addition (C.O. #15 Final) in the amount of $14,100.92 and final paYment in the amount of $35,100.92 to Chaz Equipment Company, Inc. for closeout of the contract for the Roadway Reconstruction Plan (Projects East of the Intracoastal Waterway), with funding from 442-5178-536-61.84. J. FINAL PAYMENT/MURRAY LOGAN CONSTRUCTION. INC. : Approve final paYment in the amount of $21,905.61 to Murray Logan Construction, Inc. for completion of the Bay Street/Basin Drive Stormwater Pump Station Rehabilitation, with funding from 448-5411-538-62.29. K. RATIFICATION OF APPOINTMENT/KIDS AND COPS COMMITTEE: Ratify the appointment of David J. ptak as the representative from Orchard View Elementary School on the Kids and Cops Committee. L. DELRAY ESTATES TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Delray Estates Condominium Association for the enforcement of state and local traffic laws by the Police Department within Delray Estates. M. APPOINTMENT OF OUTSIDE COUNSEL/CHARLIE BROWN. JR. V. CITY: Approve the appointment of outside counsel in the referenced matter as recommended by the City Attorney. -3- Regular Commission Meeting November 21, 1995 N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period November 6 through 17, 1995. O. RULES OF PROCEDURE/EDUCATION BOARD: Adopt Rules of Procedure for the Delray Beach Education Board. P. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Ahrens Companies for construction of the wash down slab and pesticide fill project at the Golf Course Maintenance Facility, in the amount of $21,633 from 440-5179-536-63.53 through budget transfer from 63.52. 2. Bid award to OlYmpic Industries, Inc. for construction of the North Water Reservoir Improvements, in the amount of $746,261 from 440-5179-536-64.30 through budget transfers from 61.11, 63.55, 63.56, and 69.18. 3. Contract awards to various vendors via joint bid with Boynton Beach for medical and drug supplies, at an estimated annual cost of $95,776.94 from 001-2315-526- 52.20. 4 . Bid award to various vendors via the Palm Beach County Cooperative Purchasing Group contract for chemicals and fertilizers, at an estimated annual cost of $lJ,99~.22 from the Parks and Golf Course Operating Budget Account Nos. 52.26. -t /5'1} 37/. 5~ 5. Purchase awards to Hector Turf via G.S.A. Contract for the purchase of a Toro Multi-Pro Spray Rig at a cost of $10,308.15, and to Kilpatrick Turf Equipment for a Jacobsen Triple X Turf Mower Model #1648D via City of Bartow bid, in the amount of $18,000, with funding from 445-4761-572-64.90. 9. Regular Agenda: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION: Consider an appeal of the Site Plan Review and Appearance Board's approval of a major site plan modification for Boston Market and Bagel Shop Restaurants, to be located east of S.W. 10th Avenue on the south side of Linton Boulevard at the Linton International Plaza. QUASI-JUDICIAL HEARING B. REQUEST TO WAIVE INTEREST ON LIEN/103-128 S.W. 13TH AVENUE: Consider a request to waive accrued interest in the amount of $1,235.97 and accept paYment of $12,262.05 to satisfy liens against the property located at 103-128 S.W. 13th Avenue. C. SETTLEMENT/ESTATE OF L. TROIANOS V. THE CITY: Consider approval of settlement in the referenced matter as recommended by the City Attorney. -4- . Regular Commission Meeting November 21, 1995 D. APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the Education Board to fill an unexpired term ending July 31, 1997. Appointment by Mayor Lynch. E. TELEPHONE EQUIPMENT UPGRADE/COMMUNITY IMPROVEMENT DEPARTMENT: Consider the purchase of the Meridian Norstar telephone system for the Community Development Department from second low bidder, Bell South Communications, in the amount of $26,141.97 from 334-6112-519-64.12. 10. Public Hearings: A. SALE OF CITY-OWNED PROPERTY TO FIFTEEN/THIRTEEN PARTNERS LIMITED: Consider approval of the Contract for Sale and Purchase between the City and Fifteen/Thirteen Partners Limited for property located at 239 N.E. 1st Avenue. B. ORDINANCE NO. 67-95: FIRST READING/FIRST PUBLIC HEARING for an ordinance amending Section 4.4.22, IIOpen Space (OS) District 11 , of the Land Development Regulations by adding limited beach concessions and attendant structures to Section 4.4.22(C) , IIAccessory Uses and Structures Allowedll . If passed, second public hearing December 5, 1995. C. ORDINANCE NO. 72-95: FIRST READING/FIRST PUBLIC HEARING for an ordinance amending Section 4.4.9, "General Commercial (GC) District" , of the Land Development Regulations by incorporating use restrictions and development standards to be applied in the West Atlantic Avenue Overlay District. If ,passed, second public hearing December 5, 1995. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 68-95: An ordinance annexing a 14.47 acre parcel of land known as the Spence Property and establishing initial zoning of RM (Medium Density Residential) District for 12.47 acres, and NC (Neighborhood Commercial) District for two acres. The subject property is located on the west side of Military Trail, north of and adjacent to the L-33 Canal, and approxi - mately 1,400 feet north of Atlantic Avenue. If passed, public hearing on December 5, 1995. B. ORDINANCE NO. 69-95: An ordinance adopting Comprehensive Plan Amendment 95-2, including two amendments to the Future Land Use Map (FLUM) as indicated below. If passed, public hearing December 5, 1995. -5- 0 Regular Commission Meeting November 21, 1995 1. FLUM Amendment from County HR-8 (High Density Residential - 8 units per acre) and CH/8 (Commercial High Intensity with a residential equivalent of 8 units per acre) to City Medium Density Residential 5-12 units per acre and Transitional for a 14.47 acre parcel of land known as the Spence Property, located on the west side of Military Trail, north of and adjacent to the L-33 canal, and approximately 1,400 feet north of Atlantic Avenue. 2. FLUM Amendments from Redevelopment Area #1 to Low Density Residential, General Commercial, Medium Density Residential, Community Facilities, or Open Space, as appropriate, to implement the provisions of the West Atlantic Avenue Redevelopment Plan for an approximate 110 acre area located on the north and south sides of Atlantic Avenue, between Swinton Avenue and I-95. C. ORDINANCE NO. 70-95: An ordinance amending LDR Section 4.3.4(H) (6) (a), "Special Building Setbacks", by deleting the special setback requirement along West Atlantic Avenue extending from Swinton Avenue to the I-95 Interchange (associated with the West Atlantic Avenue Redevelopment Plan). If passed, public hearing December 5, 1995. D. ORDINANCE NO. 71-95: An ordinance amending LDR Section 4.3.4(J) (4) (b) (i) by modifying the boundaries of the geographic area along Atlantic Avenue in which increases to height regulations may be approved by the City Commission (associated with the West Atlantic Avenue Redevelopment Plan). If passed, public hearing December 5, 1995. E. ORDINANCE NO. 73-95: An ordinance amending Article 4.5, "Overlay and Environmental Management Districts" , of the Land Development Regulations by enacting Section 4.5.6, "The West Atlantic Avenue Overlay District". If passed, public hearing December 5, 1995. F. ORDINANCE NO. 74-95: An ordinance amending LDR Section 4.6.9(E) (3), "In-Lieu Fee" , by adding the General Commercial (GC) zoning district (West Atlantic Avenue Overlay District) as an area in which the City Commission may approve the paYment of a fee in lieu of providing required parking. If passed, public hearing December 5, 1995. G. ORDINANCE NO. 75-95: An ordinance rezoning certain parcels of land from GC (General Commercial) to R-1-A (Single Family Residential) District; from GC (General Commercial) to RM (Medium Density Residential) District; from R-1-A (Single Family Residential) to GC (General Commercial) District; from RM (Medium Density Residential) to GC (General Commercial) District; and from GC (General Commercial) to OS (Open Space) District; all associated with the implementation of the West Atlantic Avenue Redevelopment Plan. If passed, public hearing December 5, 1995. -6- Regular Commission Meeting November 21, 1995 H. ORDINANCE NO. 76-95: An ordinance annexing to the City a 27.76 acre parcel of land known as the Hardrives property. The subject property is located on the east and west sides of Congress Avenue, approximately 1000' south of Linton Boulevard. If passed, public hearing December 5, 1995. a. Review of proposed Annexation Agreement. 1. ORDINANCE NO. 77-95: An ordinance providing for a Small Scale Future Land Use Map Amendment from County Industrial to City Transitional, and establishing initial zoning of POC (Planned Office Center) District for a 6.72 acre portion of the Hardrives property located on the west side of Congress Avenue, approximately 1,600 feet south of Germantown Road. If passed, public hearing December 5, 1995. J. ORDINANCE NO. 78-95: An ordinance providing for a Small Scale Future Land Use Map Amendment from County Industrial to City Industrial, and establishing initial zoning of I (Industrial) District for a 7.93 acre portion of the Hardrives property located on the east side of Congress Avenue, approximately 400 feet south of Germantown Road. If passed, public hearing December 5, 1995. K. ORDINANCE NO. 79-95: An ordinance providing for a Small Scale Future Land Use Map Amendment from Open Space to Transitional for a 3.01 acre portion of the Lakeside at Centre Delray office development, located on the south side of Germantown Road between S.W. 22nd Avenue and Congress Avenue. If passed, public hearing December 5, 1995. L. ORDINANCE NO. 80-95: An ordinance amending Section 4.4.13 of the Land Development Regulations regarding density in the Central Business District (CBD) zoning district. If passed, public hearing December 5, 1995. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -7- . . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - NOVEMBER 21. 1995 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: 9.F. CONTRACT ADDITION (C.O. #l}/MOLLOY BROTHERS. INC. : Consider a Contract Addition in the amount of $22,800 to Molloy Brothers, Inc. for the emergency removal and replacement of a deterior- ated 10" sanitary sewer main on S.W. 2nd Street between Swinton Avenue and S.W. 1st Avenue. This emergency repair is by Contract Addition (C.O. #1) to our existing contract with Molloy Brothers for the Atlantic Avenue/Miramar Drive Storm- water Pump Station. Funding is available from Renewal and Replacement - Sewer Mains (Account No. 442-5178-536-63.51) . 9.G. BLOCK 76 (PIERCE TIRE) PARKING LOT PHASE II FUNDING: Consider a request from the Parking Management Team and the Community Redevelopment Agency to use in-lieu fees for the Block 76 Parking Lot Phase II funding. . 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WHEREAS, Mitzi Clark was hired by the City of Delray Beach, Florida, on December 27, 1982; and WHEREAS, she reached a milestone in her career on December 27, 1994; and WHEREAS, this milestone was achieving twelve (12) years of full-time public service with the City of Delray Beach, Florida; and WHEREAS, Mitzi Clark has been a faithful and dedicated employee in the Community Improvement Department, Code Enforcement Division for these past twelve plus years; and WHEREAS, she has consistently performed any and all duties required of her in an exceptionally mature and professional manner, exhibiting initiative, competence and loyalty; and WHEREAS, Mitzi Clark will retire from employment with the City of Delray Beach effective November 30, 1995; and WHEREAS, the services and knowledge provided by this dedicated employee will be missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby congratulates and expresses its sincere thanks and appreciation to Mitzi Clark for over twelve years of dedicated and faithful public service with the City of Delray Beach, and further wishes her the best of health and happiness in her retirement. PASSED AND ADOPTED in regular se~ this the 21st day of November, 1995. ~ . -J# /_ _ M. THOMAS . LYNCH ATTEST: (k~ 'l!)Jp,Jv.uc. /.h'fit¡- City lerk ~ --- - ..--_._--. . - .. . ~ - - - -. .. - MEMORANDUM TO: ~OR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # YA· - MEETING OF NOVEMBER 21, 1995 RESOLUTION NO. 83-95: DATE: NOVEMBER 1 7 , 1995 This is before the Commission to approve Resolution No. 83-95 recognizing and commending Mary Louise Dostal for over 15 years of dedicated service to the City of Delray Beach. Mary started wi th the City on November 10, 1980, and will retire on November 30, 1995. Recommend approval of Resolution No. 83-95 recognizing and commending Mary Louise Dostal for her many years of dedicated service to the City of Delray Beach. ~OrJ ~ ,5-0 . - " -, ' - . .. " .. ., :) ----,- RESOLUTION NO. 83-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MARY LOUISE DOSTAL FOR FIFTEEN YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, Mary Louise Dostal was hired by the City of Delray Beach, Florida, on November 10, 1980; and WHEREAS, Mary Louise reached a milestone in her career on November 10, 1995; and WHEREAS, this milestone was achieving fifteen (15) years of full-time public service with the City of Delray Beach, Florida; and WHEREAS, Mary Louise Dostal has been a faithful and dedicated employee in Public Works and the City Manager's Office for these past fifteen years; and WHEREAS, she has consistently performed any and all duties required of her in an exceptionally mature and professional manner, exhibiting initiative, competence and loyalty; and WHEREAS, Mary Louise Dostal will retire from employment with the City of Delray Beach effective November 30, 1995; and WHEREAS, the services and knowledge provided by this dedicated employee will be missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby congratulates and expresses its sincere thanks and appreciation to Mary Louise Dostal for fifteen years of dedicated and faithful public service with the City of Delray Beach, and further wishes her the best of health and happiness in her retirement. PASSED AND ADOPTED in regular se~~t day of November, 1995. . , MAY.: R THOMAS . LYNCH ATTEST: OJ¡ ivm '/~.tJI",'Æ /lClJ:o/ City lerk I I . . .- ,-.---. .. "",;"--. - ..~'....~~. , -.. -,. ,-,,~~-_..._!~ ---,'-. ....-. ------. - --.. -- ---._.~- . - ----~ -'--~-'- -' - ---. .- . - :-';', "' ---. ,,- ,-- M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM i <if ß - MEETING OF NOVEMBER 21. 1995 -- RESOLUTION NO. 87-95/IIJERUSALEM AVENUE" DATE: NOVEMBER 17, 1995 Pursuant to the consensus reached at the November 14 th workshop, Resolution No. 87-95 is before the Commission for formal adoption. In recognition and support of the Jerusalem 3000 celebration, this resolution names N.W. 1st Avenue, from Atlantic Avenue to N.W. 3rd Street, as IIJerusalem Avenue", on a temporary basis from January 1, 1996 through March 31, 1996. As noted in the attached material, the aim of Jerusalem 3000 is to present the universal significance of the city and represent Jerusalem as a tolerant city in which all people enjoy freedom of worship and creativity. Recommend' approval of Resolution No. 87-95 temporarily naming N.W. 1st Avenue, from Atlantic Avenue to N.W. 3rd Street, as "Jerusalem Avenue II . ~ on ~ ref:agmemol1 L I ----...---- ..- _"_...:.______.. :___.i-.,_"~,-.: ...:.."-1:~:::.!_..6._...__':'.. ~_ "'_-._.,"', .- _ _. . _..., . __.~~__.~_._<~ ~ _ '__ . ~ ---- 1 ~ ¡ ... " l-" ' ) . . .' '. ~ - - ~~--_._-_..--,-- ~.-_."--- .-.- ".------ ------ - RESOLUTION NO. 87-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, TEMPORARILY NAMING N.W. 1st AVENUE , FROM ATLANTIC AVENUE TO N.W. 3rd STREET, AS "JERUSALEM AVENUE" ; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1996 the City of Jerusalem will commemorate its trimillenium, marking 3,000 years since King David made Jerusalem the eternal capital of the Jewish nation; and WHEREAS, for the past 3,000 years, the City of Jerusalem has been a site of pilgrimage and a source of inspiration to artists and visionaries, calling forth religious longing and artistic creativity in all ages and in all continents around the globe; and WHEREAS, the Trimillenium will offer an opportunity to support the effort of the City of Jerusalem to preserve and protect its unique .historic and religious character while developing it as a modern city for the benefit of all its residents and its many visitors; and WHEREAS, the Trimillenium will offer an opportunity to give expression to the firm commitment of the City of Jerusalem to keep the city a place where all people are welcome to freely practice their faiths and visit the shrines holy to their religions; and WHEREAS, the United States Conference of Mayors, as one of the major sponsors of the Jerusalem Conference of Mayors, will send a delegation of American Mayors to the 16th Jerusalem Conference of Mayors to be held from March 18 through 23, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. In recognition of the Trimillenium of Jerusalem, and in support of the Jerusalem 3000 celebration, the City of Delray Beach, Florida, hereby names N.W. 1st Avenue, from Atlantic Avenue to N.W. 3rd Street, as JERUSALEM AVENUE. Section 2. That the naming of N.W. 1st Avenue, from Atlantic Avenue to N.W. 3rd Street, as JERUSALEM AVENUE shall be effective for the period January 1, 1996 through March 31, 1996. i I . . u..._ ~ ",---'-~- ---............:..-.-- .---.--..... ~ r-.-' Jt '". ~ '" ~ ¡,.:. _ ' .'._. .' , , __ ..-... 0'__'_..__ .~ 'I'~ I ; " ',' " ) \.. -.. ...- -. - ,--~ - _. . ". - ~ .~,-- . --~~ --~~ ~._..~..~ - - "..-- .-.- ._._ ~..__~.·___._T." _.__ <~~.".".. .~. -.- +-_.. ~.'" -. . -. ... ....-.- ,'- _. _..._+---~.....--- - PASSED AND ADOPTED in regular session on this 21st day of November, 1995. ~~ I ,~ M Iy;:Y 0 R ! I ATTEST: , {Mnm'lJ)2c!iu p- J/o .;ý¡y i I I City Clerk ! -2- Res. No. . -, --.,. -- -~,-~ - -. ~--,._- -- - . -.,--- -- - . , ., -'-~'. -. - MEMORANDUM .. TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM it -g~ - MEETING OF NOVEMBER 21. 1995 RESOLUTION NO. 86-95 (OPPOSING U.S. COAST GUARD GUIDE CLEARANCES) DATE: NOVEMBER 17, 1995 At the November 7th regular meeting, the City Commission discussed the Coast Guard guide clearances being applied to the Ocean Avenue bridge in Boynton Beach. Concern was expressed that if the 21 ft. height/125 ft. length dimensions are imposed, it could set an unwanted precedent with respect to any future reconstruction of Delray's two older bridges at George Bush Boulevard and Atlantic Avenue. The consensus of the Commission was to formally oppose the guide clearances by working through our City lobbyist as well as our State and Federal legislators. We subsequently received a request from Mark Perry, Esquire, asking for our support by adoption of a resolution to formally oppose the guide clearances. Resolution No. 86-95 opposes the Florida Department of Transportation reconstruction plans of the Ocean Avenue bridge in Boynton Beach, and also opposes any construction or reconstruction of any bridges located wi thin the City limits of Delray Beach utilizing U.S. Coast Guard guide clearances. As noted in Mr. Perry's letter, we have approximately three months in which to convince the Coast Guard that the guide clearances should be reduced. Recommend approval of Resolution No. 86-95. ~ CIr) ~ ref:agmemo15 . f . .11/14/95 c: City Commission, City Manager,~~ty Clerk -~ ": ' RAB: mmd PERRY & SCHONE. P. A. ATTORNEYS AT LAW !SO S,E. FOURTH AVENUE DELRAY BEACH, FLORIDA 33483 M"'RK .... PERRY TEL.EPHONE (407) 2715-4146 L....RRY T, SCHONE F...CSIMIL.E (407) 276'38!59 November 10, 1995 Mayor Thomas LYnch City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 . Re: Resolution opposing u.s. Coast Guard Guide Clearance Dear Tom: Enclosed herewith please find a proposed Resolution opposing the U.S. Coast Guard Guide Clearances which are being applied to the Ocean Avenue bridge in the City of BOYnton Beach. I am hopeful that this Resolution meets with your approval and that it can be approved by the city counsel of Delray Beach within the immediate future. I have also forwarded a copy of the Resolution to Susan Ruby for her review and coniments and hopefully she will also approve the contents of the Resolution. As you are aware, we have approximately three months in which to convince the U.S. Coast Guard that the guide clearances should be reduced, therefore, I am hopeful the city counsel can accomodate my request within the immediate future. If you should have any questions regarding this letter or the Resolution, please do not hesitate in contacting this office. Sincerely, MAP/mde Enc. · --- ~-._- .. -- . , '. sketches, will be sent to the appropriate parties for their review. Costs will be determined at that time. The City Manager reported on additional information recei ved regarding funding sources for the Urban League. The Urban League receives $39,905 from the West Palm Beach Community Development Block Grant program; from Palm Beach County Housing, $128,721; zero dollars from Boynton Beach and zero dollars from Boca Raton. With regard to the sound barrier wall landscaping along I-95, staff is working on developing options for possible land- scaping or working with homeowners associations to create commu- nity gardens. We expect to have some of these options to present within the next few weeks. The City Manager referred to Mayor Lynch's previous comment about the problem of very large homes being builtin certain neighborhoods where the old home is torn down and a new one built. He stated that the Planning and Zoning staff has asked for clarification from the Commission on the issues they would like the Planning and Zoning Board to address. Should the analysis be confined to setbacks and heights, or should the issue be broadened to include the maximum size of structures or any other issues which the Commission feels should be addressed? Mayor Lynch stated that he would prefer not to get into the size of structures. The issue should be if it is going to hurt adjacent homes, and if the height of a proposed structure calls for increased setbacks so as not to overwhelm neighboring properties. He continued that it is not the size of the struc- ture which has been the problem, but with additional fill on a property and then increased height, it can have a very detrimen- tal effect on the house next door. He felt this is the issue which needs to be addressed by the Plannin and Zoning Board. At this point, William Greenwood, Directór of Environ- mental Services, distributed drawings of the Ocean Avenue bridge in Boynton Beach. The City Manager reported that there had been a meeting earlier today in Boynton Beach regarding the height of this bridge, and also the width. Our concern is that Delray Beach has two older bridges at Eighth Street (George Bush Boule- vard) and Atlantic Avenue, and what the impact would be if we had to meet the height requirement of 21 feet. Mayor Lynch commented that the real difficulty isn' t just the height of the bridge; if the bridge were to have a height of 21 feet, you then have to have a 121 foot length which would have a major impact. He continued that while Delray Beach isn't in the plans for at least the next ten years, the problem is that if something were to break on the bridge, it would then be necessary to deal with this issue. If the Boynton Beach bridge remains at 21 feet/125 ft. length, as opposed to something like 15 or 16 ft. height with 90 ft. length, then there is a -12- 11/07/95 --.- --- &..... . - .. - feeling that a precedent may be set for the higher bridge. A meeting was held with a representative from FDOT today and they seem to be okay with lowering the height, but the final say comes from the Coast Guard with a recommendation from the Florida Inland Navigation District (F.I.N.D.). They are both saying they want the 21 ft. height. Mayor Lynch stated that he felt the City needs to get involved at this point even though we may be ten or fifte~~ªrs__ªway __~_rom thej~~ª!:l~_-ª!fe2.t_tn...9 us f andasked for a ~ñsensus from the Commission to authorize formal opposition from the City on the 21 ft. height and 125 tt. length. The idea would be to work through Kathy Daley and our State and Federal legisla- tors to convince somebody to look at this issue seriously. Mayor Lynch also indicated that he would ask Boca Raton for their input regarding this issue. The Commission concurred to support this position. 13.B. City Attorney. The City Attorney had no comments. 13.C. City Commission. 13.C.1. Dr. A1Ðerin stated there had been a recent incident at the convenience store at 22nd and Seacrest Boulevard where a student on his way home from Atlantic High School was the victim of what was apparently a gang action. It only took the Police Department one day to apprehend the responsible individual. However, it is very disturbing that we have this type of gang-re- lated activity going on where they are defining territories. Dr. Alperin expressed concern that the status quo in dealing with this type of mentality will likely continue and the gangs will also continue. He felt that this type of activity needs to be dealt with from a new tact and with new rules if we're going to get a handle on it before it gets out of control. He strongly urged that our State legislators be contacted regarding the need for stronger laws and harsher tactics to be used in dealing with the gang organizations. Civilized measures are ineffective when dealing with uncivilized individuals who are part of these gangs. Mayor Lynch suggested that Boca Raton be contacted about a group that has been started there as a result of the recent gang beating at the beach. They, too, are looking for solutions and would welcome Delray Beach's participation. On further discussion, it was the consensus of the Commission that Kathy Daley be contacted about this issue. Mayor Lynch stated he would get more information from Boca Raton about the meetings they are having, and perhaps a member of Delray Beach's Commission will be able to attend. 13. C. 2. Mrs. Smith concurred with Dr. Alperin's concern that the gang issue needs to be immediately addressed. -13- 11/07/95 ~ ~ ---,'~ I ~=-::-~..~ ----~, --. . . ' _. _..-' ~,1 . -.. '1 ~.~ ~- , , . :) \ " , / "'_ RESOLUTION NO. 86-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING THE FLORIDA DEPARTMENT OF TRANSPORTATION RECONSTRUCTION PLANS OF THE OCEAN AVENUE BRIDGE IN THE CITY OF BOYNTON BEACH, FLORIDA; FURTHER, OPPOSING ANY CONSTRUCTION OR RECONSTRUCTION OF ANY BRIDGES LOCATED WITHIN THE CITY LIMITS OF DELRAY BEACH UTILIZING U.S. COAST GUARD GUIDE CLEARANCES. WHEREAS, the Florida Department of Transportation has I proposed plans to reconstruct the Ocean Avenue Bridge in Boynton , Beach, Florida; and WHEREAS, the bridge is planned to be reconstructed using the U. S . Coast Guard Guide Clearances of a vertical clearance of 21 feet and a horizontal clearance of 125 feet; and WHEREAS, the reconstruction of the Ocean Avenue Bridge and any other bridge with a 21 ft. vertical clearance and a 125 ft. horizontal clearance would have a severe detrimental effect on neighboring homeowners and any businesses located in the surrounding business community; and WHEREAS, the reconstruction of the Ocean Avenue Bridge and any other bridges with a 21 ft. vertical clearance and a 125 ft. horizontal clearance would be of no benefit to the residents of surrounding communities and would only hinder the residents ability to enjoy their neighborhoods and business communities; and I WHEREAS, the City of Delray Beach adamantly opposes any similar reconstruction of any bridges located within the City limits I of Delray Beach due to the adverse impacts on the citizens and I residents of the City of Delray Beach. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I Section 1. That the City of Delray Beach promotes the i I maintenance and repair of the existing bridges which span the Intracoastal Waterway in Palm Beach County, Florida. I ! Section 2. That the City of Delray Beach adamantly i I opposes the reconstruction of the Ocean Avenue Bridge in Boynton Beach, Florida, and any bridge located within the City limits of I Delray Beach utilizing the U.S. Coast Guard Guide Clearances of 21 i I I , , , I , i . , .-~ ~ r .. 1-"'.- , -- .- - , .." ,. -t'"_,," . ,~. - . - 'J - . -' ,) ( ~ --~_. . . - --. -- _.'- - .- - ..,---.' -~.~ - ft. vertical clearance and 125 ft. horizontal clearance. The U.S. Coast Guard Guide Clearances are unreasonable and will have an adverse impact on the citizens residing and conducting business in the surrounding community. Furthermore, the City of Delray Beach requests that the State of Florida eliminate plans to reconstruct the Ocean Avenue Bridge utilizing the U.S. Coast Guard Guide Clearances and urges the federal government to withhold any federal funds allocated towards subsidizing or financing the reconstruction of the Ocean Avenue Bridge until the Florida Department of Transportation has provided plans which reflect clearance dimensions acceptable to the business community and residential neighborhoods. Section 3. That the City Clerk of the City of Delray Beach shall furnish a copy of this resolution to the City of Boynton Beach, Florida, for the purpose of being forwarded to the appropriate federal authorities, state authorities and specifically the U.S. Coast Guard and Florida Department of Transportation. Section 4. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular session on this 21st day of November, 1995. ~~ ATTEST: , (j¡,hW 'IJ)11',)¡,1.1 r I:!õ/ hr I I City Clerk -2- Res. No. . · - . MEMORANDUM TO: h~YOR AND CITY COMMISSIONERS FROM: ~~ITY MANAGER SUBJECT: AGENDA ITEM # f·L)· - MEETING OF NOVEMBER 21, 1995 RESOLUTION NO. 84-95 DATE: NOVEMBER 17, 1995 This is a resolution assessing costs for abatement action required to remove nuisances on 21 properties located within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 84-95 assessing costs for abating nuisances on 21 properties within the City. , j ( ) RESOLUTION NO. 84-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTs. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in I the list attached hereto and made a part hereof, for violation of the I provisions of Chapter 100 of the Code of Ordinances; and, I WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner (s) of the land (s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the I City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within . , . -.- I , , ) .~ the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30 ) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will I - 2 - Res. No. 84-95 , I \ , .'.. ~. . . . .. l·'· ) accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30 ) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30 ) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property (s) , and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that paYment has not been received by the City Clerk within thirty (30 ) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1995. MAYOR ATTEST: City Clerk - 3 - Res. No. 84-95 . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, LOT 3, ROBERT G. & PATRICIA ALLEN $ 51. 00 BLOCK 47, PB 12, P 81, 206 SW. 2ND AVENUE 70.00 (ADM. FEE) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444-3648 BEACH COUNTY, FL (206 SW 2ND AVENUE) RESUB. OF BLOCK 29, CHARLES TERRY $ 56.00 DELRAY BEACH, LOTS 28 39 SW 9TH AVENUE, APT. 3 70.00 (ADM. FEE) & 29, PB 9, P 66, DELRAY BEACH, FL 33444-2549 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (95 SW 5TH AVENUE) TOWN OF DELRAY, LOT 22, J. W. & MARGARET YOUNG $ 43.00 BLOCK 32, PB 6, P 97, 317 SW 5TH AVENUE 70.00 (ADM. FEE) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444-2405 BEACH COUNTY, FL (SW 4TH AVENUE) TOWN OF DELRAY, N 50 FT ADELENE JENKINS $ 51.00 OF S 356.4 FT OF E 135 336 SW 5TH AVENUE 70.00 (ADM. FEE) FT OF BLOCK 24, PB 1, DELRAY BEACH, FL 33444-2406 P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (322 SW 5TH AVENUE) TOWN OF DELRAY, LOTS 22 ALVAN E. MC FORD $ 56.00 TO 26, INC., BLOCK 15, 17831 NW 47TH AVENUE 70.00 (ADM. FEE) PB 13, P 18, PUBLIC CAROL CITY, FL 33055-3255 RECORDS OF PALM BEACH COUNTY, FL (SW 7TH AVENUE) TOWN OF DELRAY, N 69.5 DOROTHY MAGER $ 56.00 FT OF LOT 9, BLOCK 78, c/o GARTH MAGER 70.00 (ADM. FEE) PB 1, P 3, PUBLIC 1704 HIGH RIDGE ROAD RECORDS OF PALM BEACH LAKE WORTH, FL 33461-6154 COUNTY, FL (102 SE 2ND AVENUE) SEC. OF SEC. 20-46-43, RICHARD CRITCHFIELD TR. $ 41. 00 S 201.87 FT. OF NE 1/4 746 MARBLE WAY 70.00 (ADM. FEE) OF LOT 8 (LESS E 25 FT BOCA RATON, FL 33432-3018 RD R/W), PB 28, P 68, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (SW 4TH AVENUE) - 4 - RES.NO. 84-95 LAKE FOREST SOUTH, JULIE MIRON COMPANY $ 40.77 LOT 77, BLOCK 1, PB 43, 19400 WEST DIXIE HWY. 70.00 (ADM. FEE) P 152/153, PUBLIC ATTN: HAROLD KLEMOW RECORDS OF PALM BEACH NORTH MIAMI BEACH, FL COUNTY, FL 33180-2215 (3865 NW 9TH STREET) OSCEOLA PARK, LOT 19, ROSEKE, WAYNE E. & ALETHA $ 56.00 BLOCK 6, PB 3, P 2, RR 10 BOX 200B 70.00 (ADM. FEE) PUBLIC RECORDS OF LAKE CITY, FL 32025-8821 PALM BEACH COUNTY, FL (SE 6TH STREET) TOWN OF DELRAY, LOT 2, KEITH & SUNMATEE MAHAMMED $ 51. 00 BLOCK 63, PB 6, P 3, 921 SE 2ND AVENUE 70.00 (ADM. FEE) PUBLIC RECORDS OF DELRAY BEACH, FL 33483-3457 PALM BEACH COUNTY, FL (218 & 220 S. SWINTON AVE) SUB. OF SEC. 20-46-43, KENNETH AUSTIN $ 51. 00 E 1/8 OF W 1/2 OF N 1/2 807 14TH STREET 70.00 (ADM. FEE) OF LOT l/LESS N 1/2, WEST PALM BEACH, FL 33401-2505 PB 28, P 68, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (SW 6TH AVENUE) TOWN OF DELRAY, N 1/2 AMY CHARLOW $ 59.00 OF LOT 5, BLOCK 30, 125 SW 5TH AVENUE 70.00 (ADM. FEE) PB 1, P 3, PUBLIC DELRAY BEACH, FL 33444-2513 RECORDS OF PALM BEACH COUNTY, FL (125 SW 5TH AVENUE) HOMEWOOD PARK REPLAT, DAVID B. HOFER $ 24.00 LOT 26, PB 27, P 81, 640 EAST DRIVE 70.00 (ADM. FEE) PUBLIC RECORDS OF DELRAY BEACH, FL 33445 PALM BEACH COUNTY, FL (640 EAST DRIVE) NICHOLS 2ND ADDITION MOLLIE K. BOWLES $ 51. 00 TO DELRAY BEACH, LOT 304 SW 7TH STREET 70.00 (ADM. FEE) 14, PB 21, P 70, DELRAY BEACH, FL 33444-3549 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (304 SW 7TH STREET) TOWN OF DELRAY, S 23 GLORY B. KING $ 56.00 FT OF LOT 9 & 10, 245 SE 5TH AVENUE 70.00 (ADM. FEE) & N 6 FT OF LOT 11/ DELRAY BEACH, FL 33483-5206 LESS W 5 FT RD R/W, BLOCK 111, PB 13, P 46, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (245 SE 5TH AVENUE) - 5 - RES.NO. 84-95 . , . - ATLANTIC PARK GARDENS, BERTHA PALMER $ 56.00 DELRAY, LOT 16, BLOCK 35 NW 13TH AVENUE 70.00 (ADM. FEE) 1, PB 14, P 56, PUBLIC DELRAY BEACH, FL 33444-1649 RECORDS OF PALM BEACH COUNTY, FL (35 NW 13TH AVENUE) TOURIST NOOK DELRAY, GLORITH STEPHENSON $ 51. 00 LOT 25, BLOCK B, 2655 DORSON WAY 70.00 (ADM. FEE) PB 11, P 47, PUBLIC DELRAY BEACH, FL 33445-2313 RECORDS OF PALM BEACH COUNTY, FL (232 NW 8TH AVENUE) TOWN OF DELRAY, LOT 3, LUCILLE H. KING $ 56.00 BLOCK 25, PB 5, P 2, c/o A. STILES JR. 70.00 (ADM. FEE) PUBLIC RECORDS OF 647 EAST 102ND STREET PALM BEACH COUNTY, FL CLEVELAND, OH 44108-1326 (329 NW 5TH AVENUE) TOWN OF DLERAY, S 50 T. AND OLETHA JONES $ 56.00 OF N 300 FT OF W 135 P.O. BOX 1571 70.00 (ADM. FEE) FT OF BLOCK 33, PB 1, DELRAY BEACH, FL 33447-1571 P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (NW 4TH AVENUE) TOURIST NOOK, DELRAY, RUSSELL E. BROWN $ 51.00 LOT 21, BLOCK B, PB 11, C/o JUNE DIMON 70.00 (ADM. FEE) P 47, PUBLIC RECORDS 9720 WILLOW ROAD OF PALM BEACH WILLIS, MI 48191-9727 COUNTY, FL (NW 8TH AVENUE) LINN'S ADDITION TO V.C. & A.P. NOCERA TRUST $ 56.00 OSCEOLA PARK, DELRAY, 626 WEST DRIVE 70.00 (ADM. FEE) LOT 20 (LESS N 1. 6 FT DELRAY BEACH, FL 33444 OF W 26 FT) BLOCK 87, PB 1, P 133, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (232 SE 3RD AVENUE) VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGTATION, MATTER CONSTITUTING HAZARDS; DECLARED A NUISANCE. - 6 - RES. NO. 84-95 . . . M E M 0 RAN DUM TO: ~YOR AND CITY COMMISSIONERS FROM: ~jf' ITY MANAGER SUBJECT: AGENDA ITEM tt f· E - MEETING OF NOVEMBER 21. 1995 RATIFICATION OF CONSENSUS/OVERTIME FOR DEL RAY AFFAIR DATE: NOVEMBER 16, 1995 This is before the Commission to ratify the consensus reached at the November 14th workshop regarding overtime for the Delray Affair. The consensus was to make no change at this time and to approve the Chamber's request to split the City employee overtime costs 50/50. However, the entire issue of underwriting overtime costs for special events will be reviewed at a future workshop. The balance of the Chamber's requests were approved as recommended by staff at the November 7th regular meeting. Recommend formal approval of the consensus to approve the Chamber of Commerce's request to split City employee overtime costs 50/50 for the Delray Affair to be held April 12-14, 1996. ~cm {l~ ref:agmemo10 ----.., " " " ~ . . 01\, fH [IT' OF DElRRY BER[H DELRAY BEACH f LOll I),,- tzezII Wi.! tLw. i ¿,t AVUIIH: . DEI HAV bf-¡:,Ci t, FLOHIDA 3:3·144 . 40//24:3,7000 All-America City , I III,! MEMORANDUM !qq¡ TO: David T. Harden, City Manager FROM: V~) Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM #'1A CITY COMMISSION MEETING, NOVEMBER 7,1995 SPECIAL EVENT REQUEST· DELRAY AFFAIR DATE: October 31, 1995 ACTION City Commission is requested to endorse the Delray Affair to be held April 12-14, 1996, to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City property and rights-of-way, to waive LDR's Section 4.6.7 (D)(3)O)(ii) to allow signage to be placed more than one week prior to the event, to provide staff support as outlined in the attached letter, and to split the overtime costs 50/50. BACKGROUND Staff has reviewed the attached request from the Chamber of Commerce for the Delray Affair. We support the request except for the following: A. Approve use of parks with the stipulation that the Parks and Recreation Director has input concerning the events proposed on park property. B. Use of grounds at Old School Square needs to be approved by their Board of Directors. City does not own property (lot) south of Sun Bank parking lot. C. Grant approval of signs per code requirements, except banners, and deny use of hot-air balloons for advertising. Balloons are not allowed per our code and would require an amendment to the sign ordinance. D. Estimated overtime total for this event is $17,000. RECOMMENDATION Staff recommends approval of the Chamber of Commerce's request with staff recommended exceptions. RAB:kwg ~ QA/ .Ailv~ , wdA File:u:graham/agenda Y{¿ ..L{t~ ct 0/ ~ ~ w zð Doc.:96Delray.Aff ~ ~ 0.5-- ~ II lit¡ tUæÁ0ú¡ð !l.¡Jð/ ~ d éB c2 (~ hlrltud (,¡ f-LCJ"';:6L! t~"J-W' T II E [fT 0 H I A LIN}\\, sMAil L H S ( E/lIÍ1c¡swo~:th r-- ß:¡a:Io~/) ¿:SSEnW,J9 ) , :::: .. - ~ - AS (JCT 0 6 1995 - The GREATER DELRAY BEACH Chamber of Commerce October 4, 1995 Mayor and City Commission City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 Dear Mayor and Commissioners: . The Delray Affair is scheduled for April 12, 13, 14, 1996 and we would like to request your support once again. We are very proud of the excellent reputation the event has eamed over the last 32 years and we attribute a part of the success' to the great relationship we have with the City, The event has a significant economic impact of more than' $20 million as measured in our 1994 Economic Impact Study! We also are thrilled to share the news of our latest award, "One of the 200 BEST Shows and Festivals in the United States for 1995" bestowed by Sunshine Artist, America's premier show and festival publication. It is our hope that this designation, along with others received in the past, will assist us in our effort to continue to bring more tour 'groups and visitors to Delray Beach during the Affair. Please consider approval of the following Delray Affair items: 1. Endorsement by the City Commission; 2. Use of parking facilities at Worthing Park, Veterans Park, the City lot behind Hand's, the lot south of Sun Bank's parking (adjacent to the railroad tracks), Cason Cottage, and NE 1st Street for entertainment and display and entertainment parking; 3. Use of all area within Worthing Park, Veteran's Park, and the exterior grounds of Old School Square; 4, Blocking off parking from Swinton Avenue to the Intracoastal Waterway and closing Atlantic to traffic from Swinton Avenue to East 7th Avellue. Blocking access to Atlantic from each side street in this area from alley to alley, Suspension of parking time restrictions; -continued- DElRAY BEACH Greater Delray Beach Chamber of Commerce, Inc. .~.~.~~ 64 S.E. Fifth Avenue, Delray Beach, Florida 33483 ~CiIy " II J! 407-278-0424 · Fax 407-278-0555 Chamber Accredited by United States Chamber of Commerce .. '. ~ .. ' -, ". ~ Delrav Affair - Paae 2 5. Provide CHy staff support with representation from Police, Fire, Streets, Engineering, Fleet and FacilHy Maintenance, Community Improvement, Park & Recreation I and City Managers Office for planning and operation services; 6. Allow this to be the only Commission approved event during the Delray Affair time frame, Allow all vendor permits to be assigned by the Chamber of Commerce only, with the exception of the Special Event Parking Lot Concessions; 7. Permission to erect signs promoting the event from March 25th through April 14th. Permission to use one cold air advertising balloon within the event area; 8. We request the City split the cost of City staff overtime services 50/50 with the Chamber of Commerce. We sincerely appreciate all of the efforts of the City employees and look forward to a great Delray Affair in 1996, We hope each of you will be a part of the festivities. Yours truly, .. William J. Wood President cc: Dave Harden, City Manager \ Bob Barcinski, Asst. CHy Manager Joe Weldon, Director of Parks & Recreation ScottSolomon, Superintendent of Streets & Traffic -RegionaJ Research Associated, 1994 . · M E M 0 RAN DUM TO: ~YOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM i f· F, - MEETING OF NOVEMBER 21. 1995 SPECIAL EVENT APPROVAL/BUD LIGHT PRO/AM BEACH VOLLEYBALL TOURNAMENT DATE: NOVEMBER 16, 1995 This is before the Commission to approve a request from Exclusive Sports Marketing to allow the 1996 Bud Light Pro/Am Beach Volleyball Tournament to be held at the municipal beach on March 23 and 24, 1996. Details are outlined in the attached memorandum from Mr. Weldon. It is essentially the same arrangement as last year, with the exception that Exclusive Sports Marketing is not requesting the use of inflatable signage and/or advertising balloons for this year's tournament. Last year's event was very successful, and staff recommends approval of the request to hold the 1996 Bud Light Pro/Am Beach Volleyball Tournament at the municipal beach on March 23 and 24, 1996. ref:agmemo7 . Agenda Item No.: fr AGENDA REQUEST Date: November 15, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: December 5, 1995 Description of agenda item (who, what, where, how much) : Request approval to host 1996 Bud Light Pro/Am Beach Volleyball Tournament at our municipal beach. ORDINANCE I RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO Recommendation: Approval. I Department Head Signature: Determination of Consistency wi comprehensive Plan: \ I \ I 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: ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . . [IT' DF DELIAY BEA[H DElRAY BEACH f lOR I [) A, Þ.eztI 100 N.W. 1st AVENUE, DELRAY BEACH, FLORIDA 33444 ' 407/243-7000 AII·America City , III I! MEMORANDUM 1993 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Bud Light Pro/Am Volleyball Tournament DATE: November 15, 1995 Attached please find a request from Gary Hallas of Exclusive Sports Marketing to bring the 1996 Bud Light Pro/Am Beach Volleyball Tournament to Delray Beach once again on March 23 and 24, 1996. Exclusive Sports Marketing has requested the following: 1.) 20 temporary volleyball courts and ten 10' X 10' tents for players and sponsors. Seven spaces for staff parking at no charge wednesday through Sunday and the placement of a large stage on the beach. 2 . ) A $2.00 fee per car per day with restricted parking at Sandoway and Anchor Parks. 3. ) Allow vehicles on the beach for support Wednesday through Sunday. 4 . ) Allow signage publicizing this event and sponsors on the beach. Their sponsor is Bud Light, a commercial beer company. 5. ) Provide overnight parking, extra trash cans, and 3 - 110 outlets, either at the S3 tower or Anchor Park area, and extra portalets at Sandoway and Anchor Parks. @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS . . 2 6. ) I will be requesting an updated certificate of insurance. 7 . ) Exclusive Sports Marketing will donate $500 to the Beach Patrol to help fund their competition team. As you may recall, we previously hosted this event last year and it was very successful. I recommend approval for this event, and request you place it on the December 5, 1995 agenda for City Commission consideration. Please review and advise. -\ - ~ '\ ~\ (\ >i1~ ( ',-- \ -<j." > . ,_ I . \ - JO, ~eldon Dire¿tor of Parks and Recreation Attachment cc: Sharon Morgan Agenda Coordinator JW:cp Ref:vollybal . . . 11/14/95 13: 113 ~ 4137 241 38135 EXCL, SPORTS MKT --) CITY/DELR~Y BCH, p, 13 1 .. .-.-- .._- ....--......".,.--- TO: JOE WELDO,N-Qm!L,':['OR OF PAR~S ~D RECREATION FROM: GARY HALLAS- XCLUSlVE SPORTS MARKETING RE: 96 BUD LIGHT PRO-AM BEACH VOLLEYBALL SERIES Joe, This letter is to finalize the 96 Bpd Light Pro-Am Beach Volleyball Series coming to Delray Beach once again in 96. This letter will also address the ~eeds and concerns of the Bud Light Tour pertaining to the City of Delray Beach for the dates of March 23··~ 4. This letter will outline the specific details involved with the operation and implementation of the series on the beach. Exclusive srrts Marketing requests that the City of Delray Beach; · Provide Electricity fOf the tour at an already established outlet provided in 95, · Provid''; :1~\rking at th~ Sandaway Park for the players on March 23-24 with a staff member collecting a 2.00 fee. Number of these spots to be detennined by City (75-100) · Allow ESM's 4"'4 on e beach ITom Wed. thru Sun. of the event for set-up and breakdown · Allow E3M truck acc ss to the beach Wed, thru Sun. of the event · Provid,: '.~::tra trash re eptacles and dumpster for the series clean-up · Provide overnight p king for ESM truck · Sound Ordinance (aft r talking with Mr. Weldon, ESM will follow all rules and lirits) · Restroo;llS will be at Anchor Park · Waive ;.. restrictions as to signage placed on the beach for event · Provide :,;500 donatio to the Delray Beach Lifeguards · Place Ci l)' of Delray n additionally insured policy of tour for the event. · Center c;¡¡url set-up j st north of Sandaway Park. Joe, if there is any other questi s or concerns you might have fell free to call me at 407-241-3801. I will be in contact soon. Best Regards; <)~ Gary HaUas Exclusive Sports 1, itrketing . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~\~ITY MANAGER SUBJECT: AGENDA ITEM # ~·G - MEETING OF NOVEMBER 21, 1995 REOUEST FOR LANDSCAPE WAIVER/BLOCK 76 (CRA PARKING LOT) DATE: NOVEMBER 17, 1995 This is before the Commission to approve a landscape waiver from Section 4.6.16(H) (3) (k) of the Land Development Regulations eliminating the required five foot wide landscape strip between parking tiers associated with the CRA parking lot Block 76 redevelopment. The development proposal is to construct a 114-space public parking lot within Block 76, including construction of a centrally located 12 foot wide pedestrian walkway within the lot connecting N.E. 1st and 2nd Avenues. The landscape waiver is being requested to not provide the five foot wide landscape strip between the parking tiers adjacent to the 12 foot walkway. All other applicable provisions of the landscape code will be followed throughout the remainder of the site, including those areas that will have the most visual impact along N,E. 1st and 2nd Avenues. At its meeting of November 15, 1995 the Historic Preservation Board recommended approval of the waiver to LDR Section 4.6.16(H) (3) (k) by a 7-0 vote. Recommend approval of the landscape waiver based on positive findings with respect to Sections 2.4.7(B) (5) (a}-(d), and pursuant to the Historic Preservation Board's recommendation. . fØ7L CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER ~~ THRU: DIANE DOMIN UEZ, ~;1~R DEPA T T OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF NOVEMBER 21, 1995 *** CONSENT AGENDA *** CONSIDERATION OF A WAIVER TO THE REQUIREMENT TO PROVIDE A 5' WIDE LANDSCAPE STRIP BETWEEN PARKING TIERS [SECTION 4.6.16(H)(3)(k)] FOR CRA PARKING LOT. BLOCK 76 REDEVELOPMENT. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of granting a waiver of the requirement to provide a 5 foot wide landscape strip between parking tiers [ref. LDR Section 4.6,16(H)(3)(k)] in conjunction with a development request involving site plan approval. The development proposal is to construct a 114-space public parking lot within Block 76, Town of Delray. The subject property is located one-half block north of East Atlantic Avenue, between N.E. 1st and N.E. 2nd Avenues. BACKGROUND: The development proposal is a two-phased project. Phase I consists of the construction of a 114-space public parking lot with associated landscaping and paver blocks at the parking lot entrances; construction of a centrally located 12' wide pedestrian walkway within the parking lot connecting N.E. 1st and 2nd Avenues; and, restriping of the diagonal parking spaces along the east side of N.E. 1st Avenue to accommodate parallel spaces. Phase II is to consist of the construction of an additional 22 parking spaces at the northeast corner of the site along with associated landscaping. In conjunction with the Phase I proposal, a · City Commission Documentation Meeting of November 21, 1995 Landscape Waiver to LDR Section 4.6.16(H)(3)(k) for CRA Parking Lot, Block 76 Redevelopment Page 2 landscape waiver is being requested to not provide the required 5' wide landscape strip between parking tiers, adjacent to the 12' pedestrian walkway, Pursuant to LOR Section 4.6.16(H)(3)(k), where parking tiers abut each other a 5' wide landscape strip must be provided, A landscape area has not been provided between the parking tiers where the 12' wide central walkway is proposed. REQUIRED FINDINGS: Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the City Commission shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The development proposal will provide desperately needed parking within this area of the City's Central Business District. All other applicable provisions of the landscape code will be followed throughout the remainder of the site, including those areas that will have the most visual impact i.e. along N.E. 1st and 2nd Avenues. A waiver of the requirement will not create an unsafe situation or diminish the provision of public facilities, however, it may constitute a special privilege, as such waivers have rarely been provided in the past. The purpose of this requirement is to provide relief from the "sea of asphalt" appearance of parking lots and to provide areas to plant trees to reduce urban heat. The walkway will be consistent with those at Old School Square and will provide a pedestrian connection between Old School Square and the Ocean City Lumber complex. There will be landscape islands at intervals along the walkway which will contain Royal Palm trees, which is also consistent with Old School Square. It is anticipated that this area will be utilized for a variety of special events and activities which may involve vendors. If landscaping is provided in this area it will be severely damaged and would be a high maintenance and replacement item. In order to alleviate these costs, a waiver is being requested, Based upon the above, it is appropriate to grant the waiver. City Commission Documentation Meeting of November 21, 1995 Landscape Waiver to LDR Section 4.6.16(H)(3)(k) for CRA Parking Lot, Block 76 Redevelopment Page 3 HISTORIC PRESERVATION BOARD CONSIDERATION: At its meeting of November 15, 1995, the Historic Preservation Board recommended approval, by a vote of 7-0 of the waiver to LOR Section 4.6.16(H)(3)(k), to not provide the required 5 foot wide landscape strip between the parking tiers in order to accommodate a 12 foot wide walkway. AL TERNA TIVE ACTIONS: A. Approve the waiver request to LOR Section 4.6.16(H)(3)(k) to not provide a 5' wide landscape strip, based upon positive findings with respect to Sections 2.4.7(B)(5)(a) - (d), and pursuant to the HPB's recommendation. B. Deny the waiver to LOR Section 4.6.16(H)(3)(k), based upon a failure to make a positive finding with respect to Section 2.4.7(B)(5)(d), that granting the waiver will constitute a special privilege. RECOMMENDED ACTION: Approve the landscape waiver to LOR Section 4.6.16(H)(3)(k) to not provide a 5' wide landscape strip, based upon positive findings with respect to Sections 2.4.7(B)(5)(a) - (d), and pursuant to the HPB's recommendation. Attachments: D Reduction of Site Plan D Letter of Request S:CCBLK76.DOC . .~--.... ·..TER r AL 5CUEOULE 1 Qty. Key Ootanica l/Common rlame Sj zc 12 ~ep Roystonca clðt~/Royal palm 3ft. grywd.mtchg_ N IS Smt Swietenia,mahogany/Hahogany tree 12x6ft.oa. 9&0 N t Qvt Quercus vU"9iniana/Livc oak tree ...... N ] Ost Uursera simaruba/Cumbo limbo tree 12x6ft.oa. ß&ß N 10 Lit Lagerstrocma indica/Crepe myrtle tree U II II red ... 4 Mett Myrica ceritera/Wax myrtle tree 12x6ft.oa. 0'0 flat sided N ~I ) Met .. II ,. .. .. 12x6ft. oa. D&D N I~ 146 Nee Nephrolepis e. "swordtern" 12-15" 19a1 N IOI!\. III 1tymenocalis latifolia/Keys spider lily "" N 528 Ci Chrysobalanus icaco/Cocoplu.. 24" 31J0 N 160 Ceb Carissa e. blanket/Natal plu. 15-18" JIJ. .. I I Typar filter cloth (or approved equal) Jim I ________Sl.!..!.!:-2!..(-!~_____ PlantinlJ sOils,see specifications ~: ", . .' . .' . " . . , ----:-,---:-:-~ Mulch , see specifications' 0 I" . . '. '. .' . . . .' ,I:':':, Sod; Bahia & florata.. (see plan) 1;....______________ 0 . 1::'::: [_uu FUTURE ======:;==:=======~: '::::: ' Inl .' I PARKING LOT I - - - - -t r:':': Note: Tree & pal. locations to be coordinated in-field with >-~. NOr IN CONmACTI " :::::: Light standards to avoid confl1cts. W::;~~ ~... ____-I . ::;:;: ---I . -<-no I '::. ~ ---Is --, I I , I I I I - ____J' ::~:: <torr:.)1 I I I I I I I (()I i ,;.:.:. !it." I I I I I I I "" 1"\':':': :'." I I I I I I I "". ----'0 i r'~_-I_~--L_L--J_~__L_M" ~ ~ 3O.CICY r" -----1. :'1'" w . rr-'-'-,--r-T-,--r-r-" . . , : / LI.h\ S\...... 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CD Community Redevelopment -a Agency Delray Beach November 8, 1995 Jeff Costello Planning & Zoning City of Del ray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 RE: CRA Parking Lot, Block 76 Dear Jeff: The purpose of this letter is to request a waiver to LDR Section 4.6. 16(H)(3)(k), which requires a 5' wide landscape strip between abutting parking tiers. The waiver is required in order to construct a 12' wide sidewalk between parking tiers in Block 76. We are maximizing the size of the walkway and we want pedestrians to have direct access without stepping through landscaping. This sidewalk provides a mid block pedestrian connection between Old School Square and the Ocean City Lumber Redevelopment project. Ultimately, this connection will extend to the Tennis Center when the new parking lot is constructed on the Love Apartment Site in Block 60. Additionally, the parking lot will be used for a variety of activities with vendors utilizing the adjacent spaces for booths and shoppers using the walkway. Given how this parking lot will be used and what we are trying to achieve in terms of pedestrian accessibility, it appears that this waiver is appropriate. Very Truly Yours, R~~· ~~ Î(-- Ronald R. Hoggard, Jr., AI.C.P. Redevelopment Planner . .. . 24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640/ Fax (407) 276-8558 · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtJ1VI( SUBJECT: AGENDA ITEM # F/!· - MEETING OF NOVEMBER 21, 1995 CHANGE ORDER NO. 2 FINAL PAYMENT/MOLLOY BROTHERS, INC. DATE: NOVEMBER 17, 1995 This is before the Commission to approve deduct Change Order #2 in the amount of $15,752.03 and Request for Final Payment in the amount of $76,902.48 to Molloy Brothers, Inc. for completion of Drainage Improvements on S.W. 1st Street and Eagle Drive; and N.E. 2nd Street, Beverly Drive, and S.W. 4th Avenue All work has been completed in accordance with plans and specifications and has been accepted by the City. Recommend approval of deduct Change Order and Final Payment to Molloy Brothers, Inc. , in the amount of $76,902.48 from Stormwater Utility - S.W. 1st Street and S.W, 4th Avenue (Account No. 448-5411-538-62. 39) . . Agenda Item No. g If- AGENDA REQUEST Date: November 10, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 21, 1995 Description of item (who, what, where, how much): Staff request city Commission to approve of Final Deduct Change Order #2 to Molloy Brothers, Inc. for $15,752.03; and Final Payment authorization to Molloy Brothers, Inc. in the amount of $76,902.48. All Work has been completed in accordance with plans and specifications and has been accepted by the City. ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YES~ Recommendation: and Final Payment Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO Funding alternatives ¡")i (if applicable) Account No. & Description l.Jlff- {:f:/-?3tf- 62.37/1./0/"7 Account Balance 1>0 #. C;S¡" 78'3 1 c; ~~ ~ /I//ý'/'!r City Manager Review: ~ Approved for agenda: 1NO f;' í Hold Until: ~ 171.., Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . . Memorandum To: David T. Harden, City Manage~ From: Howard Wight, I ~ Dep Dir of Cons uc ion Date: November 9, 1995 Re: Drainage Projects (N. E. 2nd st. , Beverly Dr. , S. W. 4th Ave & s. W. 1st st, and Eagle Dr) - Project93- 13/93-38 Agenda Request for Final Change Order / Final Payment ----------------------------------------------------------------- Staff requests the City Commission to consider approval of Final Deduct Change Order #2 for -$15,752.03; and Final Payment authorization to Molloy Brothers, Inc. in the amount of $76,902.48. All work has been completed in accordance with plans and specifications and has been accepted by the City. Also included for review is the "Contractor Past Performance Report" based on work performed in this Contract. CC : Dan Beatty, P.E., City Engineer Memos to City Manager mem09313.doc . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER #2 FINAL PROJECT NO. 93-13, 93-38 DATE: PROJECT TITLE: Drainage Projects (N.E. 2nd Street, Beverly Drive, SW 4th Avenue/1st Street, and Eagle Drive TO CONTRACTOR: Molloy Brothers, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THI S PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final As-Builts adjustments per attached Schedule ~A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 273,577.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 21,840.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 295,417.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ <15,752.03> ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 279,454.37 PER CENT DECREASE THIS CHANGE ORDER -4.9% TOTAL PER CENT INCREASE TO DATE 2.1% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. MOLLOY BROTHERS, INCORPORATED (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Service Department 442-5178-536-63.51 wls R&R - Sewer Mains DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By William H. Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk . . S LI,I to U Lt ~A " payrec !CITY OF DELRAY BEACH DRAINAGE PROJECTS 93-13 & 93-38 i . 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Î 1 ¡ S 2,000.00 : $ 2,000,00 ! 1 ¡ $ 2,000,00 i $ .............(...................................................."..........................,........... ........................................,.......,...................,...,..................................+.......................,..._....n..... .,...!,......,.......................,... ,...... .............................................+..............._........ .. ..."........ .. 2 ISlte Grading ¡ LS. i 1 I $ 5,000,00 ! S 5,000,00 ¡ 1 ; $ 5,000.00 Î $ "",n·""·ln"nnn"",nn",.nn",.""n"",,,,,,,,,,,,,nn,,n.,n,,,,,,.,,.n'"'''''''''''·''''Î''''''nnn''"'''.'n'''n.'''.¡..''......'''''''''..'''""+'''''''''n''''''''''''''''''''''',.'.'''''n''''''''''''''''''''''''''''''''."'I''''''''''.' "",,,,.,.,,"."',.,,..,,,"''''''.,,,,,,,,,.,,,n,,,_,,.,, ,...",·"t··".""",,,,,,,..,,,..··,,..,,,,···..,,,,,, 3 !pavement Removal ! LS. ! 1 i $ 4.000,00 ¡ $ 4,000,00 ¡ 1 ¡ S 4.000,00 i $ . ."'~~:,.r~..,.~.:,:~~.p'~~:~:.'~::~".,.',.,"..:':...:.:",.~..:"':~..:,',~i'..::...:~:.y',:..":::]:..:...i:~~~:,:.]'·~..",:·.",.:~·~:.é.i§..II~~~9..;1'~,:~..I,'..·.:'.j'ji..i".'.:..,~],.,~,:.".,.,i~~~.9.9..I!..·'.'·,"':.."~~,,~:'§.º:', 5 \24" Stop Barl I L.F. ! 26 i $ 45,00 i $ 1,17000 i 25 ! $ 1,12500 I $ 45.00 .........-.,.;........... ............,........... ..,.......,.................................................,............................ ..··'r·····....·····..·..·....·...·t.......········..··..--·····..····+·..····..·...···..···...··...·...····..··..··1.....·····..·..·····..·..··......"'......"...............................................+......., ....................,..........., .... 6 iDreiveway Repair i S. y, : 111 I $ 23.00 i $ 2,553.00 ! 117 : $ 2,691,00 ¡ $ (138,00) ",n",..."I".."." n'''n''·'''''·''''''''''''''''''''..n''''''n,.."."""n'',,,,,... ",,,..,, :"'''''''....''n'''''''...'''n!".."",,,,,,,,,,,.'''''''''t''''n'.'''''''''''''''''''''n''''t"'''''.n''''''''.''''''nn''''''.nn''!''nn'n..''nn",,,,,,,,nn''nnn..!'''''''n.'''nn"nn"",,,,,,,,,nn,'.nnn,,,,,.n,,,,.,,..,,,..nn.,,,,,, 7 i7' Type" J" Drainage Manhole ! Ea. ! 2 ¡ S 3,500,00 ! $ 7,000 00 ! 2 1 $ 7,000 00 ! $ " ""'"'''1''''' """""" """" "".""""" """,,"'nn ". "''''''''''''1''''''''' . '" ,,,.,,.!..,, " ."".."''''.' """'''''''''' '"'' ..""',"'"" '" '" "".". '1"""'''''' '''''''' n"" ,I "'''''''''' .""", "'+- . " "'"'' "" 8 !Type"C" Inlet with Apron ! Ea. ! 2 ! S 1.250,00 i $ 2,500,00 t 2 ! $ 2,500,00 I $ . ·'·····..····r·-·······M........'.................................-.'............................'..........!....'.-.......'.................)..............'...............!..······..···························t·······..····'······..............................................,........................¡.....................'......................·t··..·'····'·········..······················· 9 ¡46" R C P Storm j LF ¡ 435 ! $ 56,00 ,$ 24,360,00 I 397 ¡ $ 22.23200 I $ 2.128.00 '"''''''''''''''n''''''''' """"""'''''''''''''''''''''''''"....,n'' ",,"',," """ ."""",,,,,i,,, """."""",,,,,......,,,,,,,,,,,.,,,,"',,,,,."'.,"',,,,,,""".""n""" """"..""""""""""""""'"..""""'";,,,"',,,,,,...,,,,,,.,,,,,........,,"''''..''',,,,,"'..., "'..""."""."""....,."",.."...,..""."..."","'"..", 10 !16" R C P Storm ! LF. j 77 1$ 3000 ¡ $ 2,310.00 I 69 ! $ 2,070,00 I $ 240.00 ..."n..""c"'""'".."'''''''..,''"..,,,......,,''',,...,,,,......,..,,'''.,,,''_...'''n'..''""."',,,,,,"',,..,,...."''''.,,..I,....,,,,.....'''...'n'h''''''.''',,,,,'''..,,..,,,,,,,,,_,,..,"."'h""""'''..''''''..''..-'''''T''...'''''''''.......'......'....''n'''''''''''...''..''..".h"'..'''''h..''''''.~.'''''''''''....''...h''.....''''h'h'''''' 11 !Connect To Existing Drainage ¡ Ea, i 1 ¡ $ 1,200.00 ¡ $ 1,200,00 ! 1 ¡ $ 1.20000 i $ ::I?J~,~~~~ï.C~~:~?~L'":::::::,:':.:::"',:,,:·,::::,,,:::,'"1::..':'ç:~~,,::::I:,,::':"'1,':,:,,..::I::~:'~:~~::é.i§II:.:::'""i:~Q§:.Q§~r'":"'::"":""1":,:",,,,,,,,,,,Is.,,::',.,,~,,~~,,9§1.('".."::::,,',,:,.'.,, 13 ¡Rip Rap ¡ I LS ¡ 1 ¡ S 4,500,00! S 4,500.00 ! 1 : $ 4,50000 ! $ " .,.H'·[~i~~,~'~~,~.'.f.i~·~h,ªi~¡:~~~~:::::::.~:::.,..,I...,,,'"'ç~,~,:,'"'.~:,.L,,:,.,,3...,,':'.:,.,[fJ',~:·§§,.n~·"'."'i'~~:~].,,,',,'..,'~:.'·"'·..,.:·..·...':',.::,,.I'..~'.:"."".:...'..'...':,.-'~'.'.',.¡..~.:",.',:·..1)J.õ~:'~..' 15!Sod i : sy ! 3060 is 1,601$ 5.544,00! 666 1$ 1.198601$ 4,345,20 '"''''''''I,...·"·..,,,-,,..,,,..,,,,,,...j''''''''''''''·''·'''''''''''''''''''_'''''''h'''''"'"''''''''h·''''''''i''''''''''''''''''''''I'''''''''''''''''''''''''''''''+'''''''''''''''''"..."'·-"'r'n"''''''''''''''''''"''''''''''+"..",.."".......",.....".."..I""".."""".., '"..." 16 I Remove Existing Sanitary i LS I 1 ¡ $ 3,500,00 ! $ 3.50000. 1 ! $ 3,50000 ¡ $ """.""j"'"''n''..'''''''......'''''''''''....'......'''''..'''''..''''.....''''''''''''''''''''I'''·'''''''h""''''...,,''''''''''..''''''..'''''''i''''''''','''''''''''''''·''''''''t...'''''''.......'''''..'..'''"..'''''''i'''''...'...'''..·..''''''·......'..y·'''''''''''''''''''''''''''''''''''''''t''' """,." ....",,,, 17 ¡Connect to Existing Sanitary Une Ea, ! 2 i $ 1,000.00 i $ 2,00000: 2 I $ 2.00000 ¡ $ ........,....................................................,.................................................~................m'.......,.....,.............................+......-.........._......_................................................,........1....._..............,·0<....................................................................................... ........... .... 1Sj8"PVCSanitary : LF ¡ 417 i$ 45,OO\S 18.785001 424 :$ 19,060001$ (31500) ... ......···1... . . .. . .-. . ........ ... .... ..... .. ... .. . . ... .. ...... ··..·1··..·..······ .... -. ... ....j. .............. .... ! ...... ...... ~.. ....10.. ..-. . ...... ... .... . . r ..... .... . ... ... ... "'1' .... .... . .... ... r-' . ....... ...- ... ... 1..~ 14n: S,~,nlt~r.~ ,~~n~~~e"" . ""... "n "I "" Ean .."",! ,,,},, ",,,j ,$ ,,,1,~~,:,()(),,¡,$"'.. ,~.59<J.:00",L "'" 3.., ' ..j",~ n 4,s.oo:0.0 t,..~" .: . 2~JS'n.91~",?a,~,It,arLwl,t,~" C.1~nan"'onut,,"" i , ".Ea "..in,n ,1g, nn.) $n.~"!!O~~ J ~n ,,,1?,~,00 ¡ n"n n_ 4, ..... ' i $" n,4,~..:~ 1..$ ., 7:2Oü. 00 11 I cIa 1 Connect to Existing i Ea, ¡ 10 i $ 1,200oo! ¡ 10 ¡ $ 12,ooooo! "f~Tªi.ª.:.i:~~~~'~~:::~~~"i~~~~..~~~~.:....r"~~'~c.;~:.,,'.'"::l:..'~.~,~..."'.II",,,,,,,':~~:~I,,'~'.'.:.,:'::,,,·~~.',,:.,,'J~..·:.~:'::"'·~~"mnn:.,I,~,,·'...".~:~~9.;~L, ,,"'h"'." '"""m 20 ¡C/O 1 Single Sanitary I Cleanout ¡ Ea. ! 1 ! $ 1 ,20000 ! i 1 i $ 1 ,20000 ! '''''nh"n."",n",nn''nn''h,nh'"n'h'nunh",n""",nnn,nn'''hh,nhn"n"'h"h'hh",..n"nmhm,,,..,nhlnhh'hO'unnh'''h,,,.'..,,.,,,,,,,..,,,n''''hn,," ..'..ju"'h...hnnn''''''....'_n......'nn!..nh''''hnnunh'....n..h.''n.'..'j"'....n"'.."''''' ...."'n".."'n..ntnh......h'"''''.....hm....''''..''' ITotal NE 2nd Street ! ! ! : $ 127.592,00 \ ! ¡ '.'m"mn"'''''''..n'''':'h..rm....''''nnn''..''n'n..'''''.1'''''''''n'''m..n."..¡'n..n....'....n.. 'r"'nn."'''' 'h''''''h,nr'' "..'.."..'mn"'m.''''¡n.. ..,,,,,,,,,..,..,,..,..n,,,..nrnnm mm"''''n'ht..''''n..m..nnn''' Beverly Dnvel i ¡ il' ! . . ..·...w.·· ... ............... ......_.. ........... .................... ...................., _... ...........¡............. ............ ................_........ .........._+......" ............._.............. ,......... ."'" ..................... ..........¡......... .................,............... ......... ,.... ........ ......._.....__.....4..........·... .... ..... ....... . ...,.......... 21 ¡Retention Area Construction ! LS ¡ 1 I S 5,00000 ! $ 5,000.00 i 1 ! $ 5,00000 ¡ S n ..~~~.I,~~t:~"ª.~,~:~;~9I"'....,,.....:,,'.·...·.:'..,....,,:".'......]...·.,...ç~;."',.",,.i..::.':·,::':.i..'..:..~,::r.'!,'~~:~~JI::.,..::..~.:~~.~,,]:~.·:,,:,',:.'..,.':j'...,,'.·..,...::.I.~..',.,.....,3.::~;.q§'tf:,.'.':..':.,..".::..."',.':". 23 iType "C' Inlet with Apron 'Ea.: 1 i $ 1,250,00 ! $ 1,25000 ! 1 ¡ $ 1,250.00 ! $ - n"'m."tnnn'h'..nnhn"""""mnh..nh",h....nhmm"'h"nnhn.hn..m'h..'...".."mn'!..''''n'''nn'''n'hn'.n'''h'..'........'''''''''......'nn'''hn'_..n_.''.'''.......nm'm'.._'''''n'''''''nh..''''un..'n..'nnn''n'''nm''.'''h..'''n.n,,,,n',,""".nn,,nn,,,,, 24 ¡Type 'E" Inlet i Ea, ! 2 I $ 1,750,00 ! $ 3,500,00 ! 2 ! S 3,50000 ¡ $ :'~:~]~:I~P~:~::,'~~'~¡,~~~~~.~~~~i.~~...:.:.:I~~:."."§:~·~..,:~,:.r."..::"~..~,"]'I~j.:i:9.9."ëi.9.",T,~"":::.i:~,.~.r",.'...,,:""::~:~~~..:,.'~..r~·.··:.:~¿~.;,9§JI.':.'h,.::,,',",,:....~:', 26 18" R C P Storm : LF. i 395 ! $ 30.00 ¡ $ 11,650,00 j 355 ¡ $ 10,85000: S 1,20000 ...... ...... .J............. ..-..'...................,............................-.···.·...···-···..···..·..1·...· ........ .............--.....¡............. ·__·····.....4.··.....······......···........· -..·4-·······.····-···················-······-1··-·····............... ..............................................,......................... .,' ...... ...........- ....................... 27 ¡Rip Rap i ¡ LS ! 1 ¡ $ 2,500,00 ¡ $ 2.500,00 í 1 i $ 2,500,00 : $ '?~J~?~..""..'n.'....,.,.,r.,:..:'.',..."''',,.,..~....,.:..~".....::~I:,:~..'~;,X'·,.,.,....J,,'j~9.'::If,:,,':::~.:i.;~iTL'j§.~~:~~.:I::,:...·.""'~·".",:,..]I".·:".,,~':~;.~II,,,n..',.~":~~2.§,,. ITolal Beverly Drive i ! i ! $ 4O,592,00! I ! "..... "'rm"'n..."'.....h'h..nn...nn'...'._''''.n'..u'n......''',h...n..n''.mn''''ln.....h..nh..h..m"m'...n"''''..'''...n''''·''''rmn..n''...h'....''''''''hn'';hmmn''''m'n.h.hh"........."T""n"'''nn''''''''h.. ..nn..n....."''''h..nh.h..''''h'hhh' n , .. "T..n.. "",,,,,,",..n"'''''h hh'" is,W.4thAve,&S,W.1stStreeti ! ! I I ¡ , n"'n"h'j""..:..nn'...""..hn'h,..hn'n""....h''''nnn'.'hm'hnj'n.nn"'hn"'mnmm¡nh'hh'..'..n..n"t""'n""n"'hn".m.'n"'t..'n.'..nm"'m''''''..''''''hl..nn'''''''..n'''m...n.ht'hn'n.....m'''''''''''''"..m..m''''''''''. 29 ¡Malnt OfTraltic i LS i 1 ! $ 1,000,00 ¡ $ 1,000,00 ¡ 1 : $ 1,000,00 ! $ .............,..........................,.......... '-¡........................"....-............ ..........-,........ ......... "..., ,....,....,............'..... ........... ..................-.... ....................... ....................................., ................-. .............._..... ........................ ..,.......- ,....._........~ ................ ,... "...................... 30 ¡Site Grading I ! LS ! 1 i $ 5,000.00 ¡ S 5,000,00 ¡ 1 1 $ 5,000,00 ¡ $ ..........'..j.......................-..........._.I......................................................, ··1···········..··'··..····..··-···1·-·······..·······..······'i·····....···..··········..·······..··t···..·····..······................... ......"1'..-........'................"..............1'.................,...,......................,....-.. .................................... 31 ilnstall Baffle in Existing Structure! Ea, ! 2 ; $ 500.00 i $ 1.000.00 ¡ 2 ! S 1,00000 ! $ ",n".""\...,,, ""'.."."'''''''",,,,,..,,,,,.''w....'n''w.'''''''....''w.n....m'....'''..... ...."..w..""w.,."".,_..........."............."..."......""....n..'...."..,,,.,,...........n.."''''''.'".....".."..........,... ............".. ..t'."".."....."".. ..."".....,.."'.....".,,,,,......,,,,,,.. ........."..... 32 ¡Connect to Existing Drainage ! Ea. ! 3 ¡ $ 500.00 i $ 1.50000 ! 3 ; $ 1,500,00 i $ " ··-·······..1···········..·····-··..-···..·-···--·'..·..··············--···..·-··-··,·..··········1····......-..·..······,..........,.......-...'...-...........+....................··..···..·..·..··t···..·············..·······..·..·-..-·····t-··..............................................................-................-.....+.........................................-... 33 ¡Remove Existing Drainage ! LS. i 1 ¡ S 2.000,00 I $ 2,00000 j i $ ¡ $ 2,00000 .............,............................-....................................................."..............,.................................¡··,··..········....····...·..t"..-··....·..·..·....-....·...····..·,..·...................-.................,..........................................,.-..................... .....".........."..................,..........................-... ... 34 ¡Open Cut Pavement Repair I LF ! 25 ¡ $ 45,00 : $ 1,125,00 ¡ 345 : $ 15,525,00! $ (14.40000) ..,..'''...,: ,:"...:. "":'''''''''''''''.''.'':[''.:''.':::,...:,''.:: ,.",:""':~.'.",..:..:,...'r··:·:".":'..,:,".:."..:",.1:'.':.""...:...:"..'''.,:¡''.'"..::'''...:''..:.:'',:::.~':!."..·.....~"::',,,:.:,,,,.,,'.,:...'.T,,...,,::·'.,,,,.":~~'.'::"."::'"...~n.."'.::::...'".".'."'.,,,,..,,~.,,¡'~,..'. :'."......,'::.'''',...'':,''','.. \ \ ~ ¡, i \ r ' Page 4 . payrec ¡ ! ¡ ¡ ! I ¡ ',·""'··"1·-.."-''''''·"··..·,,''''',,....·''''''''·..,''···..,'',·-,,·,".."".",,,,,,,..,,,,..,,,,..,..,,,,,,,,,-,..,,,-,,,,,,,,,,-,,,..,..,..,,..,,,,,,..,"",,,..,,,.",,,,,,,,,..,,..,,,"'..,,,,,"',,,,,.,,,,,,.,,,,,,,,,,,.,,,,,,,.,,,...."."",."..,.,,,,,,,,,,,.,,,,,,,, "".. ""....".".. "'''''"·,,,······''''1'''''''··,''''''''',· ,.,,,.,,,,.,,,,...,.,,, : CITY OF DELRA Y BEACH DRAINAGE PROJECTS 93-13 & 93-38 ¡ i ,,,,,,,,,,.!",,...,..,,-,,-.....,,,,...,,,,_,,,__,..._,,..,,._,,,__....,..,,,,__,..."""""...",."..."",,,...,,,,,,.,,,,,,,,,..,,,,,,.._...,,.,,,,..,,,,,,..,,,,,,,,,,",,,,..,,,,,,..,.._,,,,,......,,,,..,,,,..,,,,.....,,,,_,,,_..,,,,, ",L,...""".."..".""""",,,.,,,,,,,.,¡,,,.,,,,,,,..,,,,..,,.,,.,,,,,.."....,..."" ¡CONTRACTOR: Molloy Bros., Inc. 800 N.W. 27 Ave. Ft. Laud, Fl. 33311 i -]--====E=~=-==E===E=l===]=-==:==-=E~-=~=~--:E=~::~=_:J:~-=:=:= t ! ! I J ì ¡ ¡ j ':::~:::~I~~~~:'~~:;,:,~":::::'::,:::,,:::::::,,:,,:~:':::::::":"''''':.::'':'':,:''::,::]!;t!~~![::'':'':~~~:,:''':::''r:":,±~t~ï.::~~;"::::I::"'::"::::"":":,::"::::::':::::':I":::'::':..:':':'"'::"::::,:':"":,,,,,:1,,,":::::,::::::::"::.,"',:":'" : ¡ Quantity ¡ Price ¡ Price ¡ ! ¡ .......H...i"... ....-....-............-...-..............-.........-..M··..··...··._· ...._._._..............__..............._ ....ì._....__..........._....l......... ................_........ ...1....._..................._..................1.. ...................... ........_. .....1...._....... ................. ......... ..1. ........................... ......... , I "~~]~~~~~:~~,:~'~:::,:,::"::,,,::::::.::.,::::,::::,,,::":,:J"',::::"ç~::'::,:::::I",,:',,:..i::::,,,',,::rf!~~::ë.i§Ii:,,':':::::Ü~"~]'"':::.:~,:.:,::L.::::',:::]j·::::~,,y:~::ë.i§I"f,,:,,:,:.:,:::,:,,'~.,,:,:':, 3611" Asphalt Overlay & Leveling ¡ TN. ¡ 89 ¡ $ 80.00 i $ 7,12000 i 84 ¡ S 6,720.00 i $ 400.00 """''''''1'''''''·'''''''''''''''''''''''''''''''''_'''''''''''··''''''''''''''''''''''''''''''''.'!'''' ","'.""',....,, ,,,·,,,,,..,,,..,,..,,,,,,,,,,,,,t,,,,,,,·,,..,,,,,,,,,..m..,,,,,, I"'"''''''''''·''''''''''''''''''''i'''''''-''·''''·''''·'''··'''';'''''''''''''''''''''''""""'"'''1'''''''''''''''''''''''''''·''''''''''' 37 i4' Type up. Drainage Manhole¡ Ea. i 3 i $ 1,100.00 i S 3,30000 i 2 ¡ S 2200,00 ¡ $ 1,100.00 .............¡.....-..........................-........-..······..··············-·········-····......·······1······..·........................¡.-...--.................."t".'························...·····..t·········..············.......-.............¡...........'.....................·····..·····t·········..················--·..·············1····-········-·······..··..·····-········· 3815' Type "J" Drainage Manhole I Ea. i 1 ! $ 1,70000 f $ 1,700,00 i 2 ¡ S 3.400,00 ¡ $ (1,700,00) ~r~i~~~~~~1~lt~Ì~i1fj~I~:~W__~i____~=!!lf-__~1~-~_ 42!15"RCPStorm I LF ! 37 is 30,001$ 1,110.001 37 i$ 1,11000'$ . i~~~~!~~-:~--~~j~~I~EIª¡~~¡ij::~fiit=~i:~-1t~~II¡E:¡ ¡Total SW. 4th Ave. & SW 1st Street ! ! ¡ $ 70,01300! ¡ ! ""'''''''''''''''''''''''''''''''''''''''''''''''''1''''''''''''''''''''''''''''''''''''''''..'..""'...""'"'..·'''''''''..'''''''''''..'1''...·'''·..·''''..··..'·..''T''''''',,,..."',,,,..,,..,,....,,,.¡...,,,,,,,.....,,,,.,,,,..,,,,.....,,...,,,,,;,,,,""·'.."""·..'·..""·..·..""'·"'T'·"··'·""'" ··..,,',··......·,,"··""'·1···""",·,··,' """ ""..."...."., ¡Eagle Road i ¡ I ¡ 1 ! ¡ i ...,"''''-¡-.."'''':''"....'''''"......·"·,,'''..,....,,.......'''''',,..·,,''''..'''''''·T..''''..."'....,"'"··T''''..·..''.....''...''l'''''''''·",..",.....,,,·+..·..'''..·,,,..,,'',,..·....'·"'+.."...."......'·""'.....'..'..!..·"'..'·..'..·...''''t.....·..''''.....'·..''·"'" 41 ,Malntanace ofTraflic ,LS" 1 ; S 1,000.00 I $ 1,000.00 ! 1 , $ 1,00000 , s ~~'::!:~~:~::~~~d.i:~!i[··:,:~::..:::::::'::~::.,··,:::"::·:·:::'::::r:·:::::·ç~:.:::::~·r,::,:.:..':'L"'~:·,r~:,..5.:~;~1·i:,::·',:~5.Xª~~~:t::::':.:::,::·'T·:,"..:~·,:~~,:.$:~:" ·~~~:õ9"rj'···,"::'·" ..",..."':...,,.,' 49 ¡Open Cut Pavement Repair 'LF I 26 ! $ 45,00 ~ S 1,170.00 i 26 ! $ 1,170,00 f $ .. """""T" ...,,"',.. ."".... "...-......."...."...... "'..... " '.... . "I", ...""., . ......1'.. '"'''' ""L..,,,.,,.... "',,,....'" "'+"" ... ,........ "'. ..."""""..¡ ,...,,"'... "". '" ..."'.. '" to .."..." ' , ..."" r"''' ......., "',.."" 50 Remove Existing Drainage 1 LS ! 1 ¡ S 2,000.00 ! $ 2,000.00 ¡ 1 ! S 2.000 00 is.. ,..,- r""'" "... ........ ,-, ..."".,....,. ... "..,....."........ ,.."..,..,' ....-..,.." .....".. ".."... ..."..., ""....., ..""..,,, .._-, ....." t ". ",. ."""',,., . ....., 1- "..." .."..' ..., """ 'i" "".. ,..... ... ".' "'... t...... .. ,.........".. 51 'Type "C" Inlet with Apron I Ea. ¡ 2 i $ 1,250,00 1 S 2,500,00 i 2 ì S 2,500,00 ì $ ...._...,,,1,,.,,,,"',_"'.......,,,,,.,...,_......,,...,,.,,........,,..,,....,,..,,,,_,......",I""·..",, ",.......""·....I...."·........,.........."¡"'-"'..·"",,,....,,,··,,.. ,,,¡......,,,,.........·,,.,·,....,,..,,,_..I,,,,,,.....,..........."'...."',..,....._+,,,"',..,..""..."....."'..,,,..,.....,+,,,,...,,,,,"'.....,,,,,,....,..,,,,.., 52 lEnd Wall Construction 1 L.S, ! 1 ¡ $ 2,500,00 I $ 2,500,00 ! 1 i $ 2,500,00 i $ . ·..··-'1..""-..'...·-..·'-.."..·""....'··"..-'"'..·'..-'··....''''..'''-'''·'··''!..''''''''·..'''''..'..'..·..·''i'..··'''''''..·..·'''··''·t-·'''''',·""···",,,..,..'·'''t..,,,·,·,,..-..·,,....,.., "--....1"""..."""·,,..,, """....'....."""J,.."'....."...'.."'''''''.''''...''.'.+''.'''....''..".""'''""."",.",'".. 53 15" R C P Storm ! LF ¡ 35 . $ 30,00 , $ 1,050.00 ! 30 ¡ $ 900.00 I $ 150.00 "'"."".1"...."..,,,.,,,.....,...,,..,"",,..,.,.,,,,...,,,.....,,...,,""""·,..."..,,,,,,,,,..,,··..,,,,···..,,,,,,·....¡"'..·,,·,,..·,,,,···,,·,·,,I·,,·,,,",...."..,.,..,"'...,,,..,¡....,,..,,,,..,,"',..,,...,,,..,,..,,,.,,1..,·"..··,··,''''',·"···..''''''''··'''1''''''·''''''''''''····"...,,,..,,·,..,,'t',,·······,"',·, ,.,., "...",,,..,..,,.,,'. 54 ¡ 14" x 23" Elliptical R C P Storm i L.F. i 160 ¡ $ 45,00 ¡ $ 7.200,00 I 142 i $ 6,39000 ' S 810.00 ,......,....,""..."'.."""''''..".."..".....1'..""..""."..'''''',..""....."..,,'',,..'''........"...""',..."',..,,.... "'''.'''''''......''''......".+'''''''.,... """'.."""",,.. ,..."",,,,,.,,,,,,,..,,..,,,...............,,...."'.."'....,,,..,,.,,..,,,,.,,,,.,,,,,,,,1....,.".".......".."",..".."..~"",.........,,''',,..,,'',....,'''''''''' 55 ¡Sod; ¡ S, Y. ¡ 13 ¡ $ 1.80 ¡ $ 23.40 ! 376 ! $ 676.80 ! $ (653.40) .............,........ ...._........-.~..._....._..._...-........,.._.... ....-.... ·······················1··················..···...·······........-.... ........,~..-.......- .............-...--......¡.-.......-.......-........... ....-......,............-...---............ .......-...,............. .........................-......................................... ......... ... ¡Total Eagle Road ! ¡ ¡ ¡ $ 22,443,40 ¡ j j ,."."'.'1"...':'''':......'''''''''"..,'',..,.."'''"....""..,'',..,.."......''',,....,,'1''.."·""""'''''''''''''''1'''·'''''''''''''''' "",..",..,"''''....."..''''''.."..'7'''' "',..",.. ".."'''"..''',.-"...1''''',..''''''"..''''''..,....""..''''1''..",....,..,''''."....'''....'''..'1''..,",....""..,,,,'..........,.... 56¡Vld10 Allowance ! LS I 1 ¡ S 1,000,00 i $ 1 .000,00 ; : $ 424.00 1 $ 576,00 ..,.."..".. ...""""".,.."'''.''''....''''.....''''''''..,.....''''''.......''''....'''''''''..''''..,!......"'...."'"........""'.·......··..""....'.."'..'·1"''''''..''''.."..............,,..'1''..,..·,..,""...."..."..,....,,"'....¡,....."',.. "'..,..,..,...... ,.. ..""f,"'......·....""',......,....""..""·....,..........,,,··· .",,,....,.. ,..,,"', 51 ¡Utility Allowance ! L.S. ¡ 1 ! $10,000.00 ,$ 10,000,00! ¡ $ 4,123.32 j $ 5,87668 ..............................-...................-..........--...........................................~......_......................_.'''...-...............·..·..·t··....·...······..···..·····-·..·m+.....m....................-...............:..-.............-.......................-,.........................-......··-...·...·i··..·-·..···-··.....········..····..··..· o Electric Service Boy Scout Hut : ! 1 ! S 1,351.25 ¡ $ 1,351,25 , 1 i $ 1,351.25 i .........,... ...........-...........................,..........................................................!.................................-........... ............ ···...·t.. ......._...m._..........."....~.......................... ..····.............1.....·-··........·...··-..·.. ...............<6>.- ._........ ..-.............................1.... .....m.... . .............. _m 58 I Indemnification ¡ LS. ! 1 ! $ 10.00 ! $ 10.00 ! 1 ! $ 10.00 ! $ ..,"',,,....1..,......,,"',,..,..,,,..,,,......."'..,,,...."',,."'..,,..,,,"'''',....,,''' ...."J..."......"'..,.. "",,,_..;"'.."',......,,..,,.......,....,,....,....,...."',,...."',L,,,....."'..,,,,,"'.....,..."".....'1'....''',..",........,..'''...."..'..'' ..,.....""..,....",.....",..,,"....... ,..,."."......... ¡Total Allowance hems ! i i ! $ 11.01000 i i j '..""'....1·"'..........· .."""',"',.."....,......"'..."...."........"....."",,,,'" . .."1'''.."'',,..........,,'''..,,''' "..",.."..,,,,,......"'...,...."'.."'... "''''"......,..·T''..,,'''',·..·....,..·,,''''''·'·'..''T·..'''...... "".." ,,,,,,.., "'"....,,,....,,,,....,,""",,.... ,... ..·"'t.. .....,,,..,,"'...,...."'.. 59 ¡Electrical Service Conduit .. i. LF. ... ¡ 143 is. 1200 IS. 1.716,00, ... 134 i S 1.60800 ¡ $ 108.00 _--E-_-:~__:l~~-:~---=---i-=::-:r:-:::]~_::]---:--_::=::i=~==::_:p-:~-~~=!i~:~,'_~~ ITotal NE 2nd Street Items 1..20 i i ¡ ! $ 127,59200 1 i $ 134,401.80, ..."..,+.."....."-,."''''..""...."...'''.''',..,..'''...,,..''',..,..........,...'''..:'''..''''..'''''..'''''''''''..''...''''..'''..'''''....+''....''''''''''''''''''''...7''''....''''''......"""..,..,..","'"1"''''",'''''''''·......'''..'''..",'4'''.....'''''',,,..........,'''....,,,....."..,.."""'....,""''''". !Total Beverly DriYe Items 21·28 ! ¡ ! ¡ $ 40,592.00 ¡ ¡ $ 35,29880 ¡ "'..·....'T''''..'''..··,··......·..'''',,·........'''....··..,....,..,,'',..,·..·..''''',.."'..........".......""......"".""..,..", ,,,,,,.."'.."'..··..·T......"·",....,,"'..,..,,,,·....,,t,..,"'..,,"'''' ........,..'''.......'''..+.'''''''.... .........".........,..""'.......,,. ....".....·''''..'..···'..·......t..'' ...."'..... ..........".... . iTotal S.W 4th Ave, SW. 1st Street Items 29·46· ¡ $ 70,013.00 I ¡ $ 80,100.40 ¡ .."'..,.. "I."........"'..........."......"."'''..,.."...".'''..'''..........,. ·..,.."....",·,,,"'....,,,........,,..·..·..··.."'..,,..,.."',,"'..,..,,....t,,,"'.., '.'''''''..'''''''........'''.....'....''.'''........'''.....''''..''/''.. ,"'.. ....··.."'........".."'..·..r.......·......",......".......".."..i'''' ,.., ."...."'..,"',.... ..,..", !Total Eagle Road Items 47..55! ! ¡ ! $ 22,443.40! ! $ 22,136,80: ........-...!.........-..............-.............-..................-...............-....-...........¡.................................¡.·········-······..·-·..···t······..····..·······..·..···..···..·t········..·..·..·····-······..··········-·¡·..·..··-..····..············-··..·..·-··t·········..·······-······..········--·····t..·-··········..····..··..················· ¡Total Bid Allowance hems 56-58 ! i I ! $ 11,010,00 ¡ ! $ 5,900.57 I .. ...........,...... .................................-...... ............ ................... ......... ..··...··T·.. ........... ·..···········...T··..···..········..·....··..·~.......·....·...·...····..·..........·1...-....·..····...·...···..·...·..··· ·..·...i...········· .............. "'. ....... ........t·· .............. ........... ..·······..·······1 .. .....-.. ....................... _u. lTotal Bid hem 59 Adendum # 1 ! : i I $ 1.71600 1 ! $ 1,60800 : ............., .....................:... ............................ ............ .............. ........... ......t· ..........., .................... ¡--..... .......... .. .... ....t..·..· .. .....-............... ·....t..·...··· ..... ........................-.... +............. _............... ..... ........·r....· ........... ...... ......... ..............+.... .. ......-..... . ¡Total Bid Items 1 .. 59 ! ! i ¡ $ 273,36640! : $ 279.45437 ¡ Page 5 . . . payrec :+~:::::=J::::==:L:==:=:L:j:::::~:~ :::::_:: -J.::=-:: --_:-+-.=:::: ! I ¡: i I I : ,,,,,,m,,,,¡,.,,m,, ""'m"'m ,"..,..""L_,..,,,_,,.,,,m..,,,,,,,m,,,,,,.,m.,,L,m.. ".m"....m.."J,,,.m,..,,,,,m,.,,,,,.L, "",."""',,, ".m ",L, ,..,. "......", "".m "L.".. . ,,, . ",.m , '''' ,+" ..,,,,,, .." ..." ""r"" "" m.m'mm" ¡ CITY OF DELRAY BEACH DRAINAGE PROJECTS 93-13 & 93-38 ¡ 101301161 mm,,,,,.,...,,,,,...,.,,,,..m.,,.,,,,,,,,m,,,,..,,,,,,_,,,.w.,,,,..,,.,,,"..,,,,....m'''.'m"""m"m'",m".....".,..",...,.".m.m'''''.'''.'.''''''''m"."'.m..m.'......""".m"m"'''''m'''''''''''''.''...m.''""''."",,....,,.'''".m...,m"."".".""."m.""".""",,,...,,.,,,,..,,,,,,,,,,,,,.,,.... ¡CONTRACTOR: Molloy Bros., Inc. 800 N.W. 27 Ave. Ft. Laud. FI. 33311 ! '"m'·'.'lm'''''m"",."""..""",,',;,,'.'''m..'..m..''.'.''''...'''m."'T"''''m..''...''..'mm,'....'''.''''''m·'''''r''''mm'''''''......''''''''.'''T""",,,,,,,,.,.,.'''.'',,.,,.m1'.,.'',,...,,m''''''''"''''''T'''."...mm....."mm"'"'j".m.",,,,,,,,..,,..,,,,, "m""., ! ¡ j I ! I ¡ ¡ ¡ ""'''''''1'''' m,,,,, """"""". "",¡. """""....m......,,,,,·,,""'''''t,··,,,,,, ,w."".".¡.'''...'m''''mm·tm...''mm''.''.''m''''+m.''''.'.''.''..m.''''m,...m¡m.,.,,,....,,....m,,,m.""jmm,,m,,,,,,,,,,,,·,,,··,,tm..,,,m........"m""m" ! I I! J I ! i ! ......_--I..................._M......._.N..J_...._..........._......_..................,..._........_........_...._._....J.............................l........._..........................¡....._..........M...........................L..................._.......................L......._............. ....... .........1....... ................................_... I CHANGE ORDERS APPROVED I I ORIGINAL CONTRCT SUM i $ 273,388.40 , r' ~ . ::".~.": T·' ':... '..:,,,'::: "::, ,'::' I":~ :"",'::':' '~~,¡ "",'~".':,:. r:':.:,,':,~:.": :.:"J~~:~~§.~~:~ç:@i.ø.~::ë>.J.ii.~,~R~,··· "rS:""m.~j',~4ö·;oom 1 No. ¡ Date! i Add : To Date ¡TOTAL TO DATE : $ 296,20UO ,···,·"·····I,,m"..' , "'",·",.m.·""1""'"'''''''''''''' ."...""",."'''''''"."~,...,..,,'''...,,...,,.,''.....,',,.....,,.."""",¡.".,....,..."""".,,,.,.,,.,,,,,,.,,,.,,......,.....'..""',""".,,,m,,,..', m"""",'"'"",m"",,.,.,,,' ".""""+,.m..".""",,,,,,,,,,,,..,.,.,..,, ! 1 ¡ 712819&! 1 ¡ $21,840.00 ¡TOTAL COMPLETE TO DATE i $ 279,4&.t.37 ",,,,,,.,.,',,,,,.,,,,,,,..,,,,,,,,,,,,,,,,,,,,,,.,!.,..,,,,,,,,,,,,,,..,,,,"""'''''''''''''''''''''''''''",.",,,,,,,...,,,,,,m''''··''I·'''''''·''''''"""'"'''''+'''''''.''.._mmm·''··'''I···'''''·'"'''·'''''··'''·'''_''··''_'''"""m"""_..m""""."""",..,,,,,..,,,,,,,,.,,,,,..,,,.,,,,,,,,,,.'f""",'.,,,....,,,,..,,-,,,..,,.,,,,,,,,,,,, i 21 ¡! i iRETAlNAGE eO% ¡ ! '"'' """,,,..,.,,, .""m"....""'''"."+..""..",'''"....''..'''m'''..''m....'''''''",,,,,,,,.. ,,,m,, ",. '"".".,'''''',..,,'''''....''m''t''.'''......'''..,.,m..'m'..''''...''m....'''''''''''."..",,,""'''.....m.... ,....""'..""........"'..'m."...m"""'..'"..'''.""",,,,''''..'''.m'''..m'''mm''...'''''''"."..."." ¡ 3! !!! /TOTAL LESS RETAINAGE i $ 279,464,37 .."'''''''','"'''''''''''''''..''''''....,..,....+.'''''...,,.......,.,''''.''''''"""'''''''''".,,,,,I...,,,,,,..,,,,.,,...,''''''',.,,~,.........,.,,',,.,,"...."t"",,,,..,,,,,,,,.....,,,,,,,..,,,l,,....,,,......,,,,,,,,,,,..,,,,,........,·,,,....,,".....,,'........,"'''.'..m''''''·.'.·'''''m'''''''''·'',,""""'''''j'''''''''''.'''''''.'''''''.''''''''.'''' i 41 i i i ¡TOTAL PREVIOUS PAYMENTS i $ 202,&61.89 ..'''''.m''!''·'''''''''·..''''''''......''·,....tmm''...m''mm''''''m'''.''''''''''''m''"1""""" . '''...''...''''m¡..''mm.......''''....mr''''''.'''''''...'''''..'''.''''Tm..",,,..,m..,,"'''''''''''''''''''''''''''''''''''''.'''''''''''''''''''''''''''''''m''''''''''''''''''''''''"''''''"".".,..,..,,,'..m,,...,,,,m.m...,...,mm I 51 ! i i i CURRENT PAYMENT DUE i $ 78,902048 ............¡......................................¡...·..···················································f....-...........................,....".................,·····t···..··········..····..··············+-·········..·........,-........-.......-............-......................-....-......-.................."..............................-.......,..-...-................. I 6i i i I lBALLANCE INCL. RETAINAGE i $ 16,762,03 ":"·[',:',:·,',,,::::'.~:',,::::?'r:::,,::,,:,:::,:':~,,,·::':":,",,:::,::'::,,::::t·::::,,:·:,,,:::'::'~::::J:::::'~~,::::~::::~:::'r::::.:':::::,,:::::,'::=::::!~ª,,ºf.tf.:ç~~~§p.:::,:]":,.::',::.,:::',,~':.:..,:,],,':::,".,~:='~"~~,,,'" I 81 : I ; ! I ! ! _1~-:-:f~:::~===::-:-+-:::::::F:-I::::---:r=:=:---l-::::--=_::-~-:-: ~- ::-1::-:-:-:-::: : ! : j : ! ! j I "".". .!""-' "" ".. "'''''''p'' I ".. .", ,..,,,,,,,,, "." "..m"""" ."!",,,p '" "''' u"" +u"""m " .. "'-t" '''''''.'u.''''' ..,,'" + ,., ."u, ,,,,,.,, "'''''' ,! ,.."" ""..... u,.., ,," m,.' + '" m """" ,p ".,."'..\"....."'."'''''''''''." i i i 1 ¡ i I ¡ ! =~I~;L~~~~~~¡~I-~~~~E~:~J~~~t=~~:~~I:~~~~:~~:~T~~~~~~j:_:~:~:: ! PERIOD TO: ¡ 1118196 ¡ , : ¡ ; ."'"..,.,~"',..,"""'"''''''''',."'''''''''''',."''',."...",,.,,.,'''"""..."."".",..,,,,,.,,,,,,,,,,.,..,,,,,,,,,,L,,.,,,,,,,,,,,,,,,,,,,,,.,,.¡.,.."."""..".."".",,,.,,,,,,+,,,,,,,,,,,,,,,...,,,,.,,,..,,,,,,,.,,,,..L.",m.""",,,,,,,,.,,,,,,,.,,..,,.L.,,.m..,,.,,,,,,,,..,.,,.,,,,,,,.,,,¡,,,."m."...""""."" I Molloy Bros., Inc. ¡ ¡City of Delray Beach, Envr. Servo Dept. ":":" t~~,Ñ:W':"~7 "~~ë·:~F.t~ "~ã~d.,:::.~ï:::~1.:1"~~,:" .':,,~ r::,: ". ,,'~~': ":.:::,]~~:~s.~::":~ï~~·~:]\~~:: "t?~ï~)~ë~~~"'F(· 3j,¥4 . i Seal I : Att: Howard Wight ""."."1""'00.".'''''' ","...,,,,,,.,,,,,,,,.,,,,,,,,,,,,,,,,,,....,,,-,..,, """"'''''',,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, '''''''''''''''.'''''''''''''+.''''''''''.''''''''''''''''''''.+''''...''''''''''''''''''...,."..".,,,,,..,,,,..,,..,,,,,,,.,,,,,,,,,,,,,,,,. "",.,,, '..,,,..,,,,,,..,,,...,,..,,.,,,,,.,,,,,,,,,m'm··'·,, ..,."",,,. ..". "." ¡SIGNED: ¡ ¡SIGNED: ",,,,,.,...,"""'."..m""...""."""".."mM.""'''..''''''.m'..m''''''.''''''''m.''''m"".."""..'..m".m"'.."""""""m.m'm""f"""''''''.'''''''.''''''''''''''T''''"""""m,."m.""'""",m""''''''.''".'''""''''."m,''"m''"m"m",."",,,,m"""'",.,'''''''''''' "'''m''",.""...m"" ! BY: Thomas W. Molloy Pres. ¡ ¡ BY: _.....,_·................._.__..w..........·....................__.................................._.......n..............................................................,................................................................................"..............,..._.................................._....._......................._............................. ¡ DATE: ¡ j DATE: ~J~~~~:T~=:~~~;~I-~--~];---l;:~~:~:[-~~:~I-~::-;~r=::~~::-J~~:::-::;~ i ¡ i I ¡ ! I ¡ ¡ """·¡''''''''''''..''..''''''1'''''''''m.'''..'''''..'''''''''''....m!'''''''''m'.mm''''r,,,,,,·,,,,,..,,'''t,,,,,,,..,,..,,,,,..m''''''''''''T·,,,,,,,,,,·,,..·m..,,,,,, ""I"""'" .'."'m"""""·"'T"""',.."'mm''''T'''''··'''· , ¡ J I ¡ i : ···"""""I"""'·m''''''''..''.'''...''!''''''.m.'''''''''''''''''''''''..'''''''..,,'''''j'''''''''''''''' ""...."" !m. """,..""""""."t."-.",..,,,,....,,, """"""\.''''.'''''''''''''''''''''''' ""..""I"""..,,,,,,,,,,,,··,,m,,,m,, ""·"'t""""'''''',..,-""",···"""·,···+""·""··,,·,,,,,,··..,,,,,,,· í i i ¡ I 1 ¡ ! ¡ :~~t=~;=-~~F:~:::-~:~=;:_;Ì-~~-:T:~:~~;~[~~=]~~:~~--~~-T~~:::::~l~:~:-;~L:----~~~ ; I I I i : : , '"''''''''1'''''''''''·'·''''·'''''''·'''1'·'''''''''''''''''''''''''''''"'"''''·'''''''''1''''''''''''·''·''''''''''''''1'''''''''''''''''''''·'''''·)'''·''''·'''''''''·'·''''··'''''''1''""""",,,,,,,,,,,,,,·,,,,,1,"..,..".,.,..., ""."..". '" +'''.'''... ,,,.,.,,h,,,,,,h..,, ".¡.....'..m...'.".."...'....."......"'. ! J i!! 1 ! ¡ ! "'···"'·'·I"·"··"·"...····'·"'''·····t···''''··''··m....'"..,,,,,,,,,,,.,,,./,,,,,,,.,.,,,, '.""."',.""m.".' m.'.'''.¡.' m"··''''.·''··''"",. "".t.. "''''h'''''''''''.'''''''''...'' ""."."'.""""'..m··"'··t···"··'''···'·'''··''·'''''''····'·t·",,,,,,,,.....,,.,.',,,..,...,.,..., I ! ill Ii: ! :~l::-~~::~~I-~~-~~~~-;~l~~==~[:~~:~f-;~_~~ì~~==~~:-Í~=~~~E=--:~~:~I:~:==~-;:~ ¡ ¡ ¡!! ! ¡ ¡ ! Page 6 . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: \"ZTy MANAGER SUBJECT: AGENDA ITEM i ?::r:- - MEETING OF NOVEMBER 21, 1995 CONTRACT ADDITION (C.O. i15 FINAL) AND REOUEST FOR FINAL PAYMENT/CHAZ EOUIPMENT COMPANY, INC, DATE: NOVEMBER 16, 1995 This is before the Commission to approve a contract addition (C.O. #15 Final) in the amount of $14,100.92, and final payment in the amount of $35,100.92 to Chaz Equipment Company, Inc. for closeout of the contract for the Roadway Reconstruction Plan (Projects East of the Intracoastal Waterway). Our original contract with Chaz Equipment was amended several times by contract addition to authorize emergency repairs of deteriorated sanitary mains and storm sewer pipes at various locations throughout the city. The last of these additions was approved on September 19th for the removal and replacement of a deteriorated sanitary main and adjacent service on S.W. 7th Avenue in the amount of $16,000.00 (C.O. #14). When excavating for these repairs, however, the scope of the work involved was found to be greater than originally anticipated. The additional time and materials charges for this work amounts to the final contract addition (C.O. #15) of $14,100.92, for a total repair cost of $30,100.92. Chaz has requested final payment to close out the contract in the total amount of $35,100.92, Recommend approval of Contract Addition (C.O. #15 Final) and final payment in the amount of $35,100.92 to Chaz Equipment Company, Inc. , with funding from Water & Sewer Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536- 61.84). ~ on ~ ref:agmem08 . . Agenda Item No. ~:J.. AGENDA REQUEST Date: November 8, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 14, 1995 Description of item (who, what, where, how much): Staff request City conunission to approve Contract Addition (C.O. #15 Final) to Chaz Equipment Company, Inc. for the emergency removal/replacement of an existing deteriorated 8" vitrified clay sanitary main and adjacent service on S.W. 7th Avenue at S.W. 1st Street (see attached plan). The original repair was previously approved per lump sum Change Order #14 to Chaz in the amount of $16,000.00. When excavating for the repairs associated with C.O. #14 more deteriorated piping was identified than was originally anticipated. Additionally, the clay pipe was encased in concrete which had to be removed before any repairs could be made. This increased scope of work was not able to be determined prior to excavation. The repairs were accounted for on a time and materials cost basis by our on-site inspector. The price from Chaz included all labor, equipment and materials to replace the piping, dewatering, by-pass pumping, traffic maintenance and surface restoration to a like or better condition. The additional time and materials charges for this work amounted to $14,100.92 for a total repair cost of $30,100.92. Funding for Contract Addition (C.O. #14) is from 442-5178-536-61.84 R & R Manhole Rehabilitation for $14,100.92. A request is also made to have Conunission approve final payment for the Project to Chaz Equipment in the amount of $35,100.92. ORDINANCE/RESOLUTION REQUIRED: YESGJDRAFT sfii) Recommendation: Staff reque~ppr (c.o. #15). I . 1/ Department head signature: C Determination of Consistency with Comprehensive PI City Attorney Review/Reconunendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): . Funding available: ~/NO Funding alternatives AI~ (if applicable) Account No. & Description Â- 517g-- Ç-3b - 61. S:'T ( tVf5. 'K.4-1-¡ .A1.4N'~ Account Balance fÍ ~I tlPtP, IV / City Manager Review: '0 ?-o ßU!tff '~-1l. -:Jo~) m, Approved for agenda: E /NO ~ (£/1'11'1)" Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir of Construction Div~n Date: November 9, 1995 Re: Roadway Reconstruction (Projects East of the Intracoastal Waterway) Project No. 92-02 - Agenda Request ----------------------------------------------------------------- Attached is an agenda request for Commission approval of Contract Addition (C. O. #15, Final) , to Chaz Equipment Co., Inc. on the above referenced Project. It represents an amendment to the emergency removal/replacement of an existing deteriorated 8" vitrified clay sanitary main and adjacent service (see attached plan) on S. W. 7th Ave. The original repair was previously approved per lump sum Change Order #14 to Chaz in the amount of $16,000.00. When excavating for the repairs associated with C. O. #14 more deteriorated piping was identified than was originally anticipated. Additionally, the clay pipe was encased in concrete which had to be removed before any repairs could be made. This increased scope of work was not able to be determined prior to excavation. The repairs were accounted for on a time and materials cost basis by our on-site inspector. The costs included associated labor, equipment and materials to replace the piping, dewatering, by-pass pumping, traffic maintenance and surface restoration to a like or better condition. The additional time and materials charges for this work amounted to $14,100.92 for a total repair cost of $30,100.92 at the S.W. 7th Ave location. Based on this we request Commission approval of the Contract Addition (C. O. #15, Final) for the above referenced Project in the amount of $14,100.92. Funding is available from 442-5178-536-61.84 R&R Manhole Rehabilitation for $14,100.92. A request is also made to have Commission approve final payment for the Project to Chaz Equipment in the amount of $35,100.92. Also attached for your review is a "Contractors Past Performance Report" for the project. CC: Dick Hasko, P.E., Deputy Director of Public Utilities William H. Greenwood, Director of Environmental Services MEM09202.DOC . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CONTRACT ADDITION CHANGE ORDER #15 FINAL PROJECT NO. 92-02 DATE: PROJECT TITLE: Roadway Reconstruction Plan (Projects East of the Intracoastal Waterway) (92-02) TO CONTRACTOR: Chaz Equipment Company, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Remove additional existing deteriorated 8" vitrified clay sanitary main and adjacent service on S.W. 7th Avenue and just south of S.W. 1st Street (see attached plan) . This work is in addition to the work previously approved per Change Order #14. The price includes all labor, equipment and materials to replace the piping, dewatering, by-pass pumping, traffic maintenance and surface restoration to a like or better condition. The amount of Contract Addition (C.O. #15) Final is $14,100.92. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,349,381.45 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 693,448.94 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $2,042,830.39 COST OF CONSTRUCTION CHANGES THIS ORDER $ 14,100.92 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $2,056,931.31 PER CENT INCREASE THIS CHANGE ORDER 1% TOTAL PER CENT INCREASE TO DATE 52.4 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. 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If III . : ¡ '" - ;: I]: :r' ~~ till: tar <:.Iw· II :: k1\.dÎ iii ~ [, ¡; ;....\~~I ¡u:¡ ¡I" ~ - A t:j I"~ I I I ~ LL J I "¡::I II ~ low... ~ 10 · 5"· w i!: ~. ~ :::: ";, W "N tt ~ : ~ "'II: ~ ~ ¡. _ =<.. ;d;'g . õ - . IJ I'''; :\ :i--J~ ..Jf' -." = t ¡:; I'i 101 - .. .... N ::¡ :: ¡. nJ- .. ØI UI _ I ; ~ ~ coo..... CII '" ...... . .... 01 N :;:. ~å 7', ¡: ,;., ,¡.. ~ 1-: ~~ ... -r:; _ ~ . (.,.. m:. n, "p'" ~ ~ ;: - =- _ _I ~ 25 "" - - ~<... - - - - 'II, '" - - -- _1.... aa to ....."'..,.r¡¡- -;- u>.. f< '" - 0 to .. -flI- U> ... - C- l~ - -f.Ji4'"'rit'- m ... - þ-" -- ~~. ~ ~;UI ~ I~ ¥I~ ~I~'~_ ~ ~ 71~: "" ~ AVE '; 5 I?-' .~ '~I; ! l~ ~"~ 7,.~ I! ::::::-. ',__ __ -,,__ '_~ _oo_ n, ,T' . - . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ffl/j SUBJECT: AGENDA ITEM # g",-:r - MEETING OF NOVEMBER 21, 1995 FINAL PAYMENT/MURRAY LOGAN CONSTRUCTION, INC. DATE: NOVEMBER 17, 1995 This is before the Commission to approve the Request for Final Payment in the amount of $21,905.61 to Murray Logan Construction, Inc. for completion of the Bay Street/Basin Drive Stormwater Pump Station Rehabilitation project. All work has been completed in accordance with plans and specifications and has been accepted by the City. Recommend approval of final paYment to Murray Logan Construction, Inc. in the amount of $21,905.61 from Stormwater Utility - Nassau Street/Venetian Drive/Bay Street (Account No. 448-5411-538- 62.29). Agenda Item No. ¿?Jr AGENDA REQUEST Date: November 8, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 21, 1995 Description of item (who, what, where, how much): Staff request City Commission to approve Final Payment to Murray Logan Construction in the amount of $21,905.61 for the Bay Street Stormwater Pump Station/Basin Drive Stormwater Pump Station Rehabilitation {Project #93-70} . All work has been completed in accordance with plans and specifications and has been accepted by the City. ORDINANCE/RESOLUTION REQUIRED: YE~bRAFT ATTACHED YES~ Recommendation, Staff requep~ ~t. Department head signature: t < Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review {required on all items involving expenditure of funds}: Funding available~/NO Funding alternatives NM Account No. & Description Account Balance çJ 1.(3)'- City Manager Review: ~NO Approved for agenda: 'bpI Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . . Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir of constr~on Date: November 9, 1995 Re: Bay street Stormwater Pump Station / Basin Drive Stormwater Pump Station Rehabilitation (proj 93- 70 ) Agenda Request for Final Payment ------------------------------------------------------------ Staff requests the City Commission of Final Payment to Murray Logan Construction in the amount of $21,905.61 for the above referenced Project. All work has been completed in accordance with plans and specifications and has been accepted by the City. Also included for review is the ~Contractor Past Performance Report" based on work performed in this Contract. CC: Dan Beatty, P.E., City Engineer William H. Greenwood, Director of Environmental Services Memo9370.doc . NOV 10 '95 17:43 FROM H/S FT.PIERCE PAGE.001 HAzEN AND SAWYER Hmn and SIwyIr. P. C. MaRli ExecutIve Center Environmental Engineers & Scientists 1905 South 25th street Fort Pien::e. Fl34lM7 407 489-0088 Fa,Ic 4tJ1450219 November 10, 1995 Mr. R. Howard Wtght crrY OF BELKA V BEACH 434 S. Swinton Avenue Dclray Beach, Florida 33444 Bay Street Stol'lllWllter Pamp Statio. Proiect Closeout Dear Mr. Wight: 1be coßU'lÇtQr (Murray Lopn) fur the.Bbovc lÇrÇl~ projo;;t Þu çomplmd .u d~ gtd-== work II presçribed in the contract documents, including start up and punçhlist. Therefore, the City may release final payment to Murray Logan. If you have any questions or comments regarding this matter please give me a call, Very tmly youn, HAZEN AND SAWYER, P.C, ~~f~ Senior Principal Engineer ç:; Dan Beatty Gary Bors ~ Tom McLean David Logan FtP.4413LOOl:1 HO-95 ~il:w yonc,lVV . A'OTIOIIk. NY . IJgøtrSadGlt R~r, NJ ' ~leì9n.1VC ~ C!1al1ol\t, rc . Roç/lTftOnd, VA . fI~d, Fl. ' aoø RaI¢<>, A, . FM Pie/eI!. Fl· Jllpiltr. fL . MIImt.!'l . II\1gVCI. OE. ~ . .-- . -0 .... 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The term is for two years, beginning December 1, 1995, and ending November 30, 1997. You will recall that the code was recently amended to include representation from Orchard View Elementary. Appointees are designated by the respective school principals, with ratification by the City Commission. A copy of Mr. Ptak's application and resume is attached. Recommend ratification of the appointment of David J. ptak to the Kids and Cops Committee as the representative for Orchard View Elementary School. ref:agmemo1 . . . , CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME J) 0..\1 \ d. 0'. -ptCt K YS)l PA \m , 3ÿL\5 HOME ADDRESS (Street, City Zip Code) (LEGAL RESIDE CE) Ort\1Clrtl \liew 8~'YY\er1Ì"Ctr¥ L!()SO Ditl.GP(ty\t1,,~wl\ -xð.. De\fAY v1.th.., õ:1 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) "3 ~ ~ Ll5 HOME PHONEl 4rn) 49~ - t17~ BUSINESS PHONE ('-\~l) ~7 c¡ - ) 170 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING K', cis CkA cL C D~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) _NDnf' EDUCATIONAL QUALIFICATIONS 15 ,S';. "})P:Y f>~_ \ Y1 ¡:::-C'\ Lt C' C:t t ì (\ r',\ .- -.-.- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES '..;i:~\';ì¡ '?aU HOLD nör'\ d.C\.. * DLt\"'ì /1c" C_er t;{; L C,,--t~ ,~ :J GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ~~~DÒ\ G~C1( t\. of' 'Y D.1'Y1 ß f: M h C: s:.i~ n t\l [.s: -\-"t !1 (Oll/" ~tl-,~r úr a(l~ùI~ J iew) ( DESCRIBE EY-~ERIENCES. SKILlS O~ ~NO~~EDr.E WHICH QUALiFY YOU TO SERVE ON THIS BOARD ) J' , d f I hCl¡J~ uJOr le Wi~ -i11ê.. chIt ,fYl C 1JelrA y l2eö(~ OJ Ct +~o.Chfr (¿r fh~ ¿?t,J r 10' Y E'O,{ Af,.'1e.. cd: f/ir1é Gro~e.. El ô<1t> J'/tX:-:'j Clvtd (' u. ( / e t1. N'I PLEASE ATTACH A BRIEF RESUME. CA:t O/c'hOra ý¡ e"J, 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- ny CA~SE FORFEITURE UFON MY PART OF ANY API'OINTMENT I MAY RECEIVE. ! ¿/J ,~ ¿{)kàS St ATURE / (DATE 4/90 . · DAVID JAMES PTAK 4517 Palm Ridge Blvd. Delray Beach, FL 33445 (407) 496-1779 PERSONAL: I have been a resident of Palm Beach County for nine years. I am thirty-three years old, married, and have three small children ages one to five years EDUCATION: CALIFORNIA UNIVERSITY OF PENNSYLVANIA; Cali fornia, 1981 - 1986 Pennsylvania. Graduated May 1986 with B,S in Ele~entary Education. Grade Point Average: 3.21 , Dean's List three semesters. INTERNSHIP: CENTRAL ELEMENTARY SCHOOL; Fayette City, PA. 1/86 - 5/86 Third grade regular classroom for eight weeks, Fourth, fifth, and sixth grade science eight weeks, CERTIFICATION: State of Florida - Elementary EMPLOYMENT: PINE GROVE ELEMENTARY SCHOOL; Delray Beach, FL 8/86 to Taught in a regular classroom setting in the present following grade levels: Fourth-four years, Third- two years, Fifth - three years. Ac t i viti esl Committees include: Grade Level Chairperson - two years, SAC Committee - two years, lIT Committee - two years, Safety Patrol Sponsor - four years, Flag Football Coach - two years, Faculty Committee - six years, Safety Committee - three years, Student Council Sponsor - two years, Children are People Support Group Facilitator - three years, Science Fair Coordinator - two years, Science Contact Person - two years, CTA Building Representative - six years Washington Trip Chaperon - three years, Florida Folk Arts Contact Person - two years. 8/95 to present ORCHARDW VIEW COMMUNITY ELEMENTARY SCHOOL; Delray Beach, FL Fifth grade "inclusion" teacher Special Training: F,P.M,S, for use as a "peer" teacher, AIMS summer institute, Conflict Resolution (faculty rep. ) Success for All reading program, ILS computer training, plus a multitude of other workshops, REFERENCES: Available upon request · [ITY DF DELIA' BEA[H RE' t-'\j-'-'" , . - \...... í t"') -. LJ NOV , 5 1995 CITY ATTORNEY'S OFFICE 300 W ATLANTIC A VENUE' DEfkWYf}1l!ACH, 1'1:.OR1R1 r~~44 TELEPHONE 407/243- 7823 . FACSIMILE 407/243- 7816 POLICE LEGAL ADVISOR MEMORANDUM TO: David Harden, City Manager FROM: Eric D. Hightower, Police Legal Advisor DATE: November 14, 1995 SUBJECT: Delray Estate Traffic Enforcement Agreement ------------------------------------------------------------------------ ------------------------------------------------------------------------ Enclosed for your review is a final draft of an agreement allowing the Police Department to enforce state and local traffic laws inside Delray Estates. This agreement complies with the requirements of F.S. 316.006. The agreement provides for the Association to pay One Hundred Dollars ($100.00) a month to cover City expenses. This charge was suggested by Chief Overman as our department already has a substation located at Delray Estates thus reducing our actual out-of-pocket costs for enforcement. The City will incur no additional liability as the Association has complied with Condition No. 5 and secured liability insurance names the City as an additional insured. A copy of that policy is attached for your review. The Department urges acceptance of this agreement as this will be a additional tool to allow law-enforcement to do its job in Delray Estates with the support of its residents. The agreement will be for a one ( 1 ) year period upon execution by the Association. Please feel free to contact me if I can be of further assistance in this matter. EDH: lbg ~M xc: Susan Ruby, City Attorney Chief Richard Overman fL . . ~ . DELRAY ESTATES TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") through its Police Department, wishes to make its Community Policing efforts in Delray Estates as effective as possible; and WHEREAS, the DELRAY ESTATES CONDOMINIUM ASSOCIATION (hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the ASSOCIATION feels that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, F.S. 316.006(2),(b),(1 ),(2) allows for such enforcement on private roads pursuant to a written agreement approved by the CITY Commission which provides for reimbursement for actual costs of traffic control and enforcement liability insurance and indemnification and other terms as are mutually agreeable by the parties. Now, therefore, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the ASSOCIATION. 2. The enforcement of the traffic laws will occur 24 hours, 7 days a week. 3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover the actual costs of the traffic control and enforcement incurred by the CITY. 4. The ASSOCIATION shall defend, indemnify and hold harmless the CITY, its agents, officers, officials and employees from any and all claims, suits, causes of actions or any claims whatsoever made arising from any and all acts of traffic control and traffic enforcement that occur on the ASSOCIATION's property following the date of this agreement. Nothing herein shall be deemed a waiver of the privileges and immunities granted to the CITY under F.S. 768.28. This indemnification shall survive the cancellation of this agreement. . . - . 5. The ASSOCIATION shall provide liability insurance to cover the indemnification in the amount of $100,000 and name the CITY as an additional insured. 6. This agreement shall take effect upon execution and approval by the Delray Beach City Commission and the Delray Estates Condominium Association Board and shall continue in full force and effect until, , _' 199_. Under no circumstances may this agreement be renewed, amended, or extended except in writing. 7. Either party may cancel their participation in this agreement upon delivery of 30 days written notice to the other party, Cancellation will be at the direction of the subscribing party. 8. In any action brought to enforce any provision of this agreement, the prevailing party shall be entitled to the relief sought plus all costs incurred and reasonable attorneys fees. 9. The ASSOCIATION, by signing below, affirm that they have read and understand this agreement and that they have been given the opportunity to have the attorney of their choice review this agreement. This agreement made and entered into on this day of ,199_, City of Delray Beach, Florida By: Mayor Delray Estates Condominium Association ATTEST: City Clerk Approved as to form and legal sufficiency City Attorney CELESTA IAGE . · ("'....-...-' '1- "i.J.N"" ' £IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 20U ~;w 1,¡ ,\\E¡-':CE . DELRAY BEACH, FLORIDA 3344* FACS¡~!lLE 407127",1755 Writer's Direct Line: (407) 243-7091 DELRA Y BEACH F LOR IDA tta:d AII·America City MEMORANDUM " II I! DATE: November 15, 1995 1993 TO: City Commission FROM: Susan A, Ruby, City Attorney SUBJECT: Appointment of Outside Counsel Charlie Brown. Jr. v. City of Delray Beach The Plaintiff in this case was injured in a automobile/bicycle accident in 1987, The City is a defendant in the lawsuit, as the Plaintiff alleges that the City lost evidence recovered from a vehicle thought to be involved in the accident along with the front tire to the Plaintiff's bicycle. As a result, the Plaintiff alleges that the City's actions substantially impaired his ability to proceed against the driver of the vehicle and collect damages in a civil trial. The court granted the City's Motion for Summary Judgment; however, the Fourth District Court of Appeal reversed the trial court's order. The appellate court held that there is an issue of fact as to whether the City made assurances to Plaintiff's counsel regarding the retention of evidence. If the City gave the Plaintiff the assurance that any evidence collected would be retained, and failed to retain the evidence, then the City could be liable for the damages the Plaintiff could have recovered in a civil trial against the automobile driver. Trial in this matter is set for some time during a three-week period commencing January 2, 1996 before Judge Catherine Brunson. The City Attorney would request that the City Commission approve the appointment of Kent Pratt to assist the City in the defense of the above-styled case. Mr. Pratt will charge his regular rate of $100,00 per hour for this matter. cc: David T. Harden, City Manager Sharon Morgan, Executive Assistant/City Clerk's Office brown- 3 ,dnt ~ em (l~ ///óìl/95 ® PnntPd on Recycled Paper . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ØcITY MANAGER SUBJECT: AGENDA ITEM # ¿¡. N· - MEETING OF NOVEMBER 21, 1995 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: NOVEMBER 1 7 , 1995 Attached is the Report of Appealable Land Use Items for the period November 6 through November 17, 1995. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. . . , ,+!?Y& \1 .. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: D~GU~~ DEPARTMENT OF PLANNIN· AN ZONING fa:~n ~ FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF NOVEMBER 21,1995 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 6,1995 THRU NOVEMBER 17.1995 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 November 6, 1995, through November 17, 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 November 21, 1995 Page 2 PLANNING AND ZONING BOARD SPECIAL MEETING OF NOVEMBER 13.1995 No appealable items were considered by the Board, The following items will be forwarded to the City Commission for final action. · Recommended on a 7 to 0 vote that the City Commission adopts Comprehensive Plan Amendment # 95-2. · Recommended approval (5 to 2), of an amendment to the Land Development Regulations Section 4.4.13 regarding increasing the allowable density in the CBD (Central Business District) to 30 dwelling units per acre. · Recommended approval (6 to 1), of an amendment to the Land Development Regulations Section 4.4.22 to add "Beach Cabana Concession" as an accessory use in the OS (Open Space) zoning district. · Recommended approval (7 to 0), of amendments to the Land Development Regulations in conjunction with the adoption of the West Altantic Redevelopment Plan. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF NOVEMBER 15. 1995 1. Approved (6 to 0), a request for exterior renovations and color change for an existing mixed use (i.e. commercial/residential) structure located at 59,61, 63 S.E. 4th Avenue (4th Avenue Delray, Inc.) 2. Approved (6 to 0) with conditions, a major site plan modification, landscape plan and elevation plan associated with a 99,000 sq. ft. building addition to the Levenger Facility, located on the west side of Congress Avenue, south of Atlantic Avenue. 3. Approved (6 to 0) with conditions, the landscape plan and a change in elevations associated with the conversion of a commercial building to a restaurant, the Annex Restaurant, to be located on the west side of N.E. 2nd Avenue, north of N.E. 2nd Street (old FP&L building). . City Commission Documentation Appealable Items Meeting of November 21, 1995 Page 3 Changes to the site plan will be processed as a non-impacting modification and approved administratively. HISTORIC PRESERVATION BOARD MEETING OF NOVEMBER 15, 1995 A. Approved (7 to 0), a Certificate of Appropriateness, site plan and landscape plan for a parking lot associated with the redevlopment of Block 76 (former Pierce Tire site) which is located north of Atlantic Avenue, between N.E 1st Avenue and N.E. 2nd Avenue. RECOMMENDED ACTION. By motion, receive and file this report. Attachment: Location Map . , LOCATION MAP FOR CITY COMMISSION MEETING OF NOVEMBER 21 t 1995 L-3Q CANAL ---------------------_._-----.- ¡ .... ¡ ::> z c: -,j ~ C ...J ¡ ~ c ~ ' z ,...----------- :i i ~ III ~ ; 0 LAKE IDA ROAD I 0: ¡ ¡ ¡ [S ! . !i ¡ ~ ¡ CD r-.---- .í i.__-_-_ ].. r---.-'-'-- . __'_-., .. '--_-____.È, "n I 1·-· , . ' , , . I L-_____- -------_-______.1 ¡ , f'! r"'-- ---,; ¡ 10-_- ¡ ¡ ~ ~ r-----.a c c ¡ DO ... ¡ 0 ~ ;I: ;I: ¡ > 1/1 '" ¡ .... ...J , ð LOWSON BOULEVARD CD ¡ ~ ~ ¡ ~ ¡ .... ¡ ~ U :J: ¡:: LINTON BOULEVARD z c ¡ ¡-..._~- ,: c ,...--- ¡ ¡"",-- ¡ >- ¡ ¡ is ¡ ~ . . . , ~ >- I..____..J 0: z ~ ~ ::::; I') :¡ I .... ---------_._-_._._---------_._-------------------- L-38 CANAL H.P .B.: ~.P.~.~.B.: CITY LIMITS ---,-,---'. A. - BLOCK 76 PARKING LOT ,. - 4TH AVENUE DEVELOPMENT 2. - LEVENGER 0 CONGRESS PARK SOUTH I MILE I 3. - ANNEX RESTAURANT I SCALE N - CITY Of DELRAY BEACH, fL PLANNING DEPARTMENT -- DICITAl. 8AS£ MAP SYSTEM -- . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~O - MEETING OF NOVEMBER 21, 1995 ADOPT RULES OF THE CITY OF DELRAY BEACH EDUCATION BOARD DATE: NOVEMBER 17, 1995 This is before the Commission to adopt the amended Rules of Procedure of the Delray Beach Education Board as approved by the Board at its meeting of October 16, 1995. Recommend approval of the Rules of Procedure for the Delray Beach Education Board. ~ CJn ê~ ///al/95 . . -. ...-...--, . . , . . . RULES OF THE CITY OF DELRA Y BEACH EDUCATION BOARD ARTICLE I· GENERAL GOVERNING RULES: The Education Board (hereinafter the -Board") shall be governed by Resolution 54-89 of the City of Delray Beach, Florida (hereinafter the ·City"), as and if amended, and the Rules of Procedure hereinafter set forth (hereinafter the ·Rules"), as adopted by the Board and approved by the City Commission, ARTICLE" . OFFICERS, COMMITTEES: 1. The Board shall elect a Chair, Vice Chair, and Second Vice Chair, annually at its first regular meeting in the month of September, from among its members, by a majority vote of its members present and voting, 2, The Chair (or in hislher absence, the Vice Chair or Second Vice Chair) shall preside at all meetings of the Board and rule on all points of order and procedure, 3, The Chair shall appoint any committees which may be deemed necessary, 4. The Staff Liaison shall act as Recording Secretary, The Recording Secretary shall take and transcribe the minutes of each meeting of the Board, conduct all correspondence of the Board, keep a minute book recording attendance and the vote of each member upon each question (or, if a member is absent or fails to vote, indicating such fact), maintain records of examinations and hearings and other official actions, and carry out such other official duties as may be assigned by the Board, ARTICLE III· MEETINGS, QUORUM, CONFLICTS: 1. REGULAR MEETINGS: The Board shall conduct its regular meetings every first and third Monday of each month at 5:30 p.m" unless there is no cause to hold such a meeting, unless such regular meeting date falls on a holiday as designated by the City of Delray Beach or with the option of not holding the second meeting of any month as determined by the Chairman, The Recording Secretary of the Board shall notify each Board member, not less than one (1) day prior to any regularly scheduled meeting, of the time and place of each meeting, 2. SPECIAL MEETING: A special meeting may be called by the Chair subject to compliance with statutory notice provisions, 3, QUORUM: A quorum is required in order to hold a meeting, A quorum shall consist of 50% + 1 of filled positions of the Board, All findings and orders of the Board require a vote of the majority of its members present and voting; provided, however, that not less than 50% + 1 members of the Board must vote in favor of an action for the action to be official. 4, REPRESENTATION. PERSONAL INTEREST: No member or alternate member, if any, of the Board shall appear or represent before the Board a person in any matter . . " . . . pending before the Board, No member of the Board shall hear or vote upon any matter before the Board in which she or he is direcUy affected in a financial way. Whenever a member or alternate member of the Board has a direct personal, private or personal interest in any matter which comes before the Board, which interest creates a conflict of interest, that member or alternate member shall disclose said conflict before discussion and vote and shall, within fifteen (15) days after the vote occurs, file the proper form with the Board Secretary pursuant to the provisions of Chapter 112, Florida Statutes, 5. CONDUCT OF MEETINGS: All meetings shall be open to the public, and the formal agenda posted in the Lobby of City Hall three (3) days prior to each regularly scheduled meeting, The Chair may, at his or her discretion, change the order of business at any meeting. 6, ADJOURNED MEETINGS: The Board may adjourn a regular meeting, if all business cannot be disposed of on the day set, to a time and date certain; however, notice of the time and date of postponement shall be given at the time of adjournment and shall not be changed prior to resumption of the postponed meeting, ARTICLE IV - SCHOOL LIAISON ASSIGNMENTS: 1. DELRA Y BEACH PUBLIC SCHOOLS: Each Education Board member shall serve as a liaison to a public school located in Delray Beach. Responsibilities of the liaison include: 1) meet or talk once per month with Principal and/or SAC Chair, 2) discuss needs/priorities and bring back information to Board for any action, 3) coordinate Education Expo, 4) obtain positive information for public relations, Le" news releases, and 5) attend school meetings, as may be required. 2, DELRA Y BEACH PRIVATE SCHOOLS: Each Education Board member shall serve as a liaison to a private school located in Delray Beach, Responsibilities of the liaison include: 1) coordinating Education Expo and, 2) meet periodically or call to determine if there are any needs or problems, ARTICLE V - ABSENCES, RESIGNATION, VACANCIES: 1. ABSENCES: If any regular Board member fails to attend three (3) consecutive regular meetings, the member's office shall be deemed vacant and the City Commission shall promptly fill such vacancy, The Board member may appeal the decision and reapply in writing to the City Commission. 2. RESIGNATION: Except as otherwise provided in Paragraph 1, above, of this Article V, a Board member may resign from the Board by filing a written statement of resignation with the Clerk of the City. 3. VACANCY: Vacancies on the Board shall be filled pursuant to Section 32,10 of the City Code of Ordinances, as amended, ARTICLE VI- PARLIAMENTARY PROCEDURE: Roberts Rules of Order shall be the final authority on all questions of parliamentary procedure, -2- . . . ..." .', ... ARTICLE VII- AMENDMENTS: EFFECTIVE DATE: 1, These Rules may be amended by a concurring vote of 50% + 1 of filled positions of the Board recommending such amendment to City Commission; provided, however, that the proposed amendment(s) haslhave been presented in writing to the Board at least three (3) days prior to its adoption. 2, Prior to any such amendment becoming effective, it must first be approved by the City Commission. 3, These Rules shall be reviewed by the Board not less than every two (2) years. 4. These Rules shall become effective fifteen (15) days following their approval by City Commission. These Rules are hereby adopted by the Education Board this - day of 1995. Chair, Education Board Approved by City Commission this day of ,1995, City of Delray Beach, Florida Mayor ATTEST: City Clerk . -3- · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~~ITY MANAGER SUBJECT: AGENDA ITEM # g P - MEETING OF NOVEMBER 21, 1995 AWARD OF BIDS AND CONTRACTS DATE: NOVEMBER 17, 1995 This is before the Commission to approve the award of the follow- ing bids and contracts: l. Bid award to Ahrens Companies for construction of the wash down slab and pesticide fill project at the Golf Course Maintenance Facility, in the amount of $21,633 from 440-5179-536-63.53 through budget transfer from 63.52. 2. Bid award to OlYmPic Industries, Inc. for construction of the North Water Reservoir Improvements, in the amount of $746,261 from 440-5179-536-64.30 through budget transfers from 61.11, 63.55, 63.56, and 69.18. 3. Contract awards to various vendors via joint bid with Boynton Beach for medical and drug supplies, at an estimated annual cost of $95,776.94 from 001-2315-526-52.20. 4. Bid award to various vendors via the Palm Beach County Cooperative Purchasing Group contract for chemicals and fertilizers, at an estimated annual cost of $113,~~~.22 from the Parks and Golf Course Operating Budget Account Nos. ~ 52.26. $" 1.5l/, 371 . 5;) ¡:}f1')O(v7r ~ 5. Purchase awards to Hector Turf via G.S.A. Contract for the purchase of a Taro Multi-Pro Spray Rig at a cost of $10,308.15, and to Kilpatrick Turf Equipment for a Jacobsen Triple X Turf Mower Model #1648D via City of Bartow bid, in the amount of $18,000, with funding from 445-4761-572-64.90. . . ) , Agenda Item No. AGENDA REQUEST Date:November 10, 1995 Request to be placed on: Regular Agenda X Special Agenda Workshop Agenda When: November 21, 1995 Description of item (who, what, where, how much): Staff request City Commission approve award a construction contract to Ahrens Companies for the construction of the Golf Course Maintenance Facility - Wash Down Slab and Pesticide Fill area, in the amount of $21,633.00. Funding is available from Account #440-5179-536-63.53. ORDINANCE/RESOLUTION REQUIRED: Not Required Recommendation: Staff recommends City Commission award a general construction contract to Ahrens Companies in the amount of $21,633.00 for construction of the Wash Down Slabs at the Municipal Golf Course. Department head signature: .Þ'~~ --- v;ß/~/7eç- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds) : Funding available:~NO Funding alternatives 11//,4 ~f applicable) Account No. & Description LflfOrf;r79- B£r b '$.5'Þ /lff3 WiS. ~o.vO, 11'11'~~&-ð- Account Balance#2/, '>-0. ()CI (' 61.Ä¡)h3/ 7ìf-A A/~) , GoLJ: t'q"f~J~ ' ~ ~~~~~ " ((/rv!7r Clty Manager ReVlew: Approved for agenda: ~$INO ~ 1 Hold Until: tJl-- Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9507\agreql121 . . . ENVIRONMENTAL SERVICES DEPARTMENT ' '.: 1:: I \¡:-. ;' , MEMORANDUM ;IUV 1 4 1995 To: David T. Harden vilYMlI"'~--'~ . "L ~ I! . City Manager From: Jose Aguila ~ Construction Manager Date: November 10, 1995 Subject: AGENDA REOUEST Golf Course Maintenance Facility Wash Down Slabs Project No. 95-07 On November 8, 1995, the City received six bids on the Golf Course Maintenance Facility Wash Down Slab and Pesticide Fill Project. Following is a bid tabulation . I Duggan Builders, Inc. $24,896.00 2 Gelgar Construction Corporation $33,974.17 3 Associated Construction, Inc. $6 I , 161. 00 4 U. S. Golf Construction, Inc. $28,900.00 5 ARZ Builders, Inc. $24,419.00 ~::illiiþ.$.çølpim~ª,:,:: :)::'::::::,U:<,:$gî;§ªª~m::n: Staff has reviewed the bids and recommends that the City Commission award the contract for construction to Ahrens Companies in the amount of $21,633.00. Funding is available from Account No. 440-5179-536-63.53. cc: William Greenwood File 95-07 (A) esd\9507\agnunI121 gf-¡ ~ . . - . . . * PLEASE AFFIX SIGNATURE WHERE INDICATED . (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID) BID , 96-09 COMP ANY NAME: Ahrens Companies * SIGNATURE: ¡yJt~ Date: 11/08/95 SIGNATURE: Richard C. Ahrens (print) ADDRESS: 3750 Investment Lane, Suite #2 West Palm Beach Florida 31404 (state) (zip code) TELEPHONE: ( 407 ) 863-9004 FAX # : (407 ) 863-9007 VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: >. CONTACT NAME: Richard Marks TELEPHONE: ( 407 ) 863-9004 16 . . . . BID FORM SCHEDULE OF PRICING BID #96-09 TOTAL BID PRICE FOR FURNINSHING ALL LABOR, EQUIPMENT AND MATERIALS TO COMPLETE THE GOLF COURSE MAINTENANCE FACILITY WASHDOWN SLABS TO BE LOCATED AT THE DELRAY BEACH MUNICIPAL GOLF COURSE PER THE ATTACHED SPECIFICATIONS: BASE BID PRICE: $ 21,633.00 ~/ 11(1 (q 1 Variances to the specifications? See attached Qualifications. Name of Subcontractor (if applicable): Browns Aluminum & Screen Installations, Inc. D & S Specialty Products, Inc. 15 . . . Aqend. I'tem 11'0. AGENDA REOUEST /' Da'te: 11/14/95 , 1/1 ^.¡ Reques't 'to be placed on: '".~''''''''~ I. XX Regular Agenda special Agenda 11/21/95 Workshop Agenda When: Descrip'tion of i'tem (who, wha't, where, how much): Staff requests Commission Award of a construction contract for improvements to the North Water Reservoir to Olympic Industries, Inc. d/b/a Pipe Liner Installers in the amount of $746,261.00. Olympic Industries is the lowest responsive bidder for the work. This project is a Water Distribution Master Plan recommendation under Level of Service II Improvements for increasing high service pumping capacity at the North Reservoir. Funding is from the 1993 W&S Bond Acct. #440-5179-536-64.30, N. Reservoir High Svc. Pumps, (budget transfer attached). ORDIHANCE/RESOLUTIOIl REQUIRED: JJ,/IQ DRArT ATTACHED JJ,/IQ Recommendation: Staff recommends contract award to Olympic Industries, Inc. d/b/a Pipe Liner Installers. ~ DBPARTKDI'J! JIBAD SICDlATURB: C- ~ a% De'termina'tion of Consis'tency wi'thcomprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Direc'tor Review (required on all i'tems involving expendi'ture of funds): Funding available YES/HO Fundinq alternative.. (if ;JJJ;iOable) . . Aooount 110. 'De.4iP~~-~~ I W/.s~-~.Þ4Þti/¡yVv Account Balance 7 I A. ,~ h. 5V6 DLurrp City Manager Review: Approved for agenda: ~HO Hold until: /~ Agenda coordina'tor Review: Received: Placed on Agenda: Action: Approved/Disapproved . . REl' '\jr:'¡ " ". -' t:. "_ L NOV 1 5 1995 MEMORANDUM CITY MI"" "-'.... nq:,,~¡: TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Deputy Director PU~ SUBJECT: NORTH WATER RESERVOIR IMPROVEMENTS; PN 93-072 DATE: November 14, 1995 Attached is an agenda request and a tabulation of bids received for construction of the subject project. The lowest responsive bidder is Olympic Industries, Inc., d/b/a Pipe-Liner Installers with a total proposal of$746,261.00 The scope of work generally consists of the capacity upgrading of two high service pumps, including all appurtenant mechanical and electrical requirements, installation of venturi meters at both the north and south reservoirs, and upgrading the transfer line connection between the WTP and the north reservoir. It should be noted that Olympic Industries did not submit a bid for ahernate bid item No.1 for storm shutters. Having consulted with Susan Ruby, it is our position that this is not cause for considering the bid nonresponsive since the base bid submittal is complete and the City is not obliged to consider alternate bid items in evaluating contract awards. Weare, therefore, recommending award of this contract to Olympic Ir~dustries in the bid amount of$746,261.00. Funding will be ITom 1993 Water & Sewer Bond Account #440- 5179-536-64.30, N. Reservoir High Svc. Pumps (budget transfer attached). RCH: jem c: Susan Ruby William H. Greenwood Victor Majtenyi f: 93-072D ?~ . - ,., (- '" ~ ¡ ~8 ~88~~~~~~~~~~~~~~~~ ~ 8~88~8 8 8111 ~ ¡ v ~~$~~~;~~~~~~§.~~§.~~~~~ ~ ~~~~~~$~$« · .t")1() . .QlO-V"\-lIIt'\o\QQ V'\N- I() .,... .."".. ..0 .. c3 J.~::£' '" Ið .... Ið Ið '" - _ .... _ .,. .,. r- r- ~ Ið .,. .... S! _ S! f! 00 _ '" .... .,. _ ~ _ _ ... ' a I j .-- d: iii...................................................... ~ ... t4 ¡.,¡ ... ... ... ... ... ... ... ...... ......... . ~ .. ! $8 88$88$~$$$~~~~$$~~ ~ 8~88~8 8 i ~ 11J ~~2!~~~~~~!.~~~~~~~~~~~ ~ ~~~~~~~~~~ . .,... ."'-"'0. 0 O::£,"'N- Ið ...... . ...... .0 . - ~ iii ~ - UM~~~- -- .1 88 8888888888888888888 8 8 8 II! ! ~ .~~~~~~~~~~~~~~~~~~~~ ~ ¡!!!~!~~~ 5 "'j~i !å£d~zít;~~~Ea§¡;¡aQaa¡;¡i~ua a ~t;cicia¡i~¡i~ ;; I ~8 88~88~~~~~~~~~~~~~ 8888~8 8 ~ ~. ~~~~~~!~~~~~~!!!~~~!!! ~~~~~~~~~ ~ a U ~ut;;~~~ U ~u UMU ~ -~M- 8 88 8 8 !¡ ~ ~~~~~~~'8 ~ . . . . ,t' t' '" N"'~~"'~~~o ¡ 1:2 ~ ~ MM~~~M"'MM . 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S? ~ 2 ~ . ¡;r¡, N N - .... 0 - 0. <1 <1 0 '" - - ~ 0.... 0. . 00 . -. o. . 0 ~ f .9 Fo M~Ji~~~;;¡;;M~M~~~~M~U~W¡;;~ ~ UM~;;~;;~;;M:;;:;; ! 88 888888888 ~888888 8 8 8 ~' ~88~ '8~§a~~~~~~§~§! § ~~~~§~~~8 ~.8 ö§.~~~'"!.Ñ§.r-:.,.¡'ö..:~«"\~S......:..:-ö~Ñ ~ r-:.œ~O\ö~8~0 Gjf ~u~~ ~;;~~~¡;;~~~ MI;; ~U-~ ~ UM~MC;¡M~-M J' --~~N--........__-__________ - --------- ~ ~~~~~~~~~~~~~~~~~~~~~~1~~ ~~~~~~~~~ > . t ~~ æo I ¡ ~! ~JJ ~llll~~~~~~i~i~H~ { ~ }o~l. ð.f~»:r::r:........ ao¡lIIIlIII.. apE 9 I]IJ 0 ... i~~~~~ì1!}a:a:~~~~JðJJ~~~g~ J:. i J2:Jc5 si~ :iß1Il~~ jj» sl~ !!c3"1J~~ B~ ~ & & &i1- .8 j~ ~~.¡H~I~HÜnl~~h~>~ih~~lUt "I! l ~dJhIUIJUuJhJUI1U~UJh~d Ih ~s _N.....,."'Iðr-ooo.0-N.....,.~~r-ooO'O-N.... "''''Iðr-~o.O-N ~s ~~~~----~~NNN N NNNNNN~~~ I. . . .' . . '. . . . . City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (2) Date 11/14/95 -- (3) Interfundllnterdepartmental Transfer (4) Batch Number (5) Requested By: Richard C. Haska. P.E. ~ PROJECT # (6t ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 440-5179-536-61.11 SW Storage Tank 77,100 440-5179-536-63.55 WM Barwick RD. 10,049 440-5179-536-63.56 WM Lake Ida RD. 15,037 440-5179-536-69.18 Aquifer ST., & Rec. 381,732 440-5179-536-64.30 N. Resr. High Svc. Pump 483,918 (10) TOTAL 483,918.00 483,918.00 JUSTIFICATION: TRANSFER REQUIRED TO PROVIDE FUNDING FOR PN ---. .__..._-_._-~ IMP~QY.:~¡;:N!~ . -----.---- ------- NOTE: ASR ACCT. #440-5179-536-69.18 WILL BE SU FUNDS IN CONNECTION FEES FOR ASR CONSTRUCTION. -----.. -------------..--- -------- Department Head __,___ Asst City Manager Fmance Director City Manager -- - (11) Budget Revision Date (12) Control Number (13) Penod (14) Count ORIGINAL-BUDGET CANARY -FilE PINK-DEPARTMENT . . Agenda Item No.: AGENDA REQUEST Date: November 14, 1995 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: November 21, lQQ') Description of agenda item (who, what, where, how much): Rid AtJ,qrd Bid #95-66 - Medical And Drug Supplies Bid - Annual Contract - Joint Bid with Citv of Boynton Beach. . Award to various vendors at an estimated annual cost of $95,776.94 for the City of Delray Beach. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to various vendors as outlined on tabsheet at an estimated annual cost of $95.776.94. Funding from account #OO1-2315-526:~2.20 , pepar~ment Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available, ~ NO Funding alternative: (if applicable) ~ Ac c oun t No. & De s 'iÞìh 'go n , {;()l-jO! IS- 5}ft, . 72- 1D Fj(2£ )¡)r¿RAílot- G eM . Account Balance: I '-'jO OPra:2.AíiN~ ~p. City Manager Review: ÅJ~ Approved for agenda: ~/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . . M E M 0 RAN DUM TO: David T'~ity Manager THROUGH: Joseph Saffo i~ance Director FROM: Jackl yn Rooney. Senior Buyer C{- DATE: November 14, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - NOVEMBER 21, 1995 - BID AWARD - BID #95-66 MEDICAL AND DRUG SUPPLIES ANNUAL CONTRACT Item Before Commission: The City Commission is requested to make multiple awards to low responsive bidders, as stated below, at an estimated annual cost of $95,776.94. Background: The City of Delray Beach is the lead organization for this joint bid with the City of Boynton Beach. Bids were received on September 27, 1995, from twenty (20) vendors, all in accordance with City purchasing policies. (Bid #95-66. Documentation on file in the Purchasing Office. ) A tabulation of bids is attached for your review. The Fire Department has reviewed the bids, and recommends multiple awards to the low responsive bidders, per attached memo and highlighted tab sheets. Vendor: Estimated Amount: Aero Products Corporation $ 47,862.20 Advanced Medical & Pharmaceutical 3,801.40 Suncoast Surgical Supply 5,538.07 General Medical Corporation 113.94 Med M.D. 11.50 Wound Therapy Specialist 2,727.62 Moore Medical Corp. 3,024.95 Sun Belt Medical Supply Inc. 22,490.14 Matrx Medical Inc. 768.00 FIBA Healthcare Corp. 5,346.10 Fischer Scientific 1,333.02 Cook, Inc. 2,760.00 Total Estimated Annual Cost $ 95,776.94 3'~ . . Recommendation: Staff recommends award to various vendors as outlined above. Funding from the departments operating expense budget. Attachments: Award Recommendation Per Item City of Delray Beach Requirements Tabulation of Bids cc Dennis Morely, Paramedic Lieutenant Mike Widgerson, Asst. Fire Chief Lana Koester, Purchasing Agent, City of Boynton Beach . · AWARD RECOMMENDATIONS BID 1195-66 MEDICAL/DRUG SUPPLIES Group I - X To Be Awarded By Group Total Group 11 Description Vendor Name Comments I. Anesthesia/Respiration Aero Products Corp. Low Bid Equipment - Supplies II. Misc. Intravenous Supplies Sun Belt Medical Low Bid Supply, Inc. III. Blood Pressure & Blood Flow Healthcare Corp. Low Bid Detection Equipment IV: Special Instruments, Floor Advanced Medcial & Low Bid Grade Pharmaceutical ··V. Tracheal'lfubes Sun Belt Medical Low Bid Supply, Inc. VI. Catheters, IV/Needle Aero Products Corp. Low Bid VII. Catheters, IV/Needle Sun Belt Medical Low Bid VIII. Bandages, Dressings, Suncoast Surgical Low Bid Gauze Supply IX. Syringes/Needles Wound Therapy Low Bid Specialist X. Anatomical Supplies Aero Products , Corp. Low Bid Group XI - To Be Awarded Individually By Item Miscellaneous Items Item 11: 102. Emergency Cricothyrotomy Cook Inc. Low Bid Catheter Sets, 6 MM I.D. 103. Butterfly Catheters Wound Therapy Low Bid 23 ga. x 3/4" with 12" tubing 104. Butterfly Catheters Advanced Medical Low Bid 21 ga. x 3/4" with 12" tubing 105. K-'Y Jelly Advanced Medical Low Bid 106. Intraousseus Needle Cook Inc. Low Bid Disposable 107. Prep Razorss Moore Medical Low Bid 108. Touriquents 18" x 1" Non-Sterile Advanced Medical Low Bid 109. Nitro Spray Sun Belt Medical Low Bid (Nitro lingual Spray) 110. Ipecac Syrup 30 ML Moore Medical Low Bid Bottles 111. Nifedipine (Procardia) Sun Belt Hedical L(>~,' Bid 10. 0 ~'1G Gel Caps · Award Recommendations Cont... It em It Description Vendor Name Comments 112. Albuterol Sulfate Sun Belt Medical Low Bid 2 . 5 MG /3 ML 113. Ammonia Inhalants Advanced Medical Low Bidder - Industrial Safety- no award due to past experience- 114. Sodium Bicarbonate Advanced Medical late shipments - errors Low Bid Injection (Syringe) Infant 115. Atropine Syringe Sun Belt Medical Low Bid 1 MG 10 ML 116. Diphenhydramine Sun Belt Medical Low Bid Syringe 117. Bretylium Tosylate Advanced Medical Low Bid Syringe 118. Dextrose Syringe Sun Helt Low Bid 25 MG 50% 50 ML 119. Epinephrine Syringe Sun Belt Low Bid 1:1000. 1 MG 1 ML 120. Epinephrine Syringe Advanced Medical Low Bid 1:10000, 1MG 10 ML 12l. Dopamine Syringe Advanced Medical Low Bid 122. Lidocaine Syringe Sun Belt Medical Low Bidder - Advanced Medical 2%. 100 MG. 5 ML does not have required w/Stickguard Safety stickguard safety protection Protection 123. Lidocaine Premixed Sun Belt Hedical Low Bid 1 gram/ 250 ml D5W 124. Naloxone Syringe Sun Belt Medical Low Bid 2MG / 2ML 125. Sodium Bicarbonate Sun Belt Medical Low Bidder - Industrial Safety - Syringe no award due to past experience- late shipments and errors 126. Furosemide Syringe Advanced Medical Low Bid 127. 50% Magnesium Sulfate Advanced Medical Low Bid Injection 128. Nitroglycerine Sun Belt Medical Low Bid - Advanced Medical - Ointment not equal to specifications 129. Adenocard (Adenosine) Sun Belt Medical Low Bid 6 MG 130. Burn Sheets Matrx Medical Low Bid 60" x 96" 13l. Disposable Blankets Fisher Scientific Low Bid 54" x 80" 132. Stretcher Pillows Med M.D. Low Bid Disposable L4" x 20" · Award Recommendations Cont.... Item fI Description Vendor Name Comments 133. Povidone - Iodine General Medical Low Bidder 134. Hydrogen Peroxide 3% Wound Therapy Low Bidder 135. Isopropyl Rubbing Wound Therapy Low Bidder Alcohol 136. Sterile Water Wound Therapy Low Bidder 1000 CC 137. O.B. Kits Aero Products Low Bidder 138. Scapel, Sterile Med M.D. Low Bidder #11 Blade 139. Penlights Moore Medical Low Bidder Disp. 6 pack 140. Bag Valve Mask Aero Products Low Bid Adult Disposable 14l. Bag Valve Mask Aero Products Low Bid Child Disposable 142. Bag Valve Mask Advanced Medical Low Bidder Infant Disposable 143. Surgical Masks Moore Medicial Low Bidder Disposable 144. Aerozin 3.4 oz. can Advanced Medical Low Bidder 145. Cold Packs Fisher Scientific Low Bidder Adult Size 146. Red Disposable Bags Wound Therapy Low Bidder For Biohazard 147. Disposable Goggles Suncoast Surgical Low Bidder 148. Bite Sticks Moore Medical Low Bidder 149. Latex Gloves Aero Products Only Vendor who bid Large, "P2" Brand an "Equal To" product - or equal- per the City Specifications and samples submitted with bid packages 150. Latex Gloves Aero Products (Same as above) item 149 Medium 15l. Latex Gloves Aero I'roducts (Same as above) item 149 Small 152. Latex Gloves Aero Products (Same as above) item 149 X-Tra Large 153. Disposalbe Sharps Wound Therapy Low Bidder Collector Tray 154. Headbed II Aero Products Low Bidder - Advanced Cervical Medical - Did not meet Immobiliztion Device required specifications of bid . Award Recommendations Cont... Item # Description Vendor Name Comments 155. Ringers Lactate Wound Therapy Low Bidder 1000 ML 156. Adult EKG Moore Medical Low Bidder Electrodes 157. Pediatric EKC Advanced Medical Low Bidder Electrodes 158. Antimicrobial Moore Medical Low Bidder Towelettes to clean/disinfect hands 159. Hi-F10 Trauma Advanced Medical Sole Bidder Bifurcated Set 160. Single Patient Matrx Medical Low Bidder Vent Circuit . CITY OF DELRAY BEACH AWARDS BY VENDOR Aero Products Corporation Wound Therapy Specialist Group I $ 8.014.50 Group IX $ 733.13 Group VI 12.545.00 Group XI - Misc. Group X 6,643.70 Item 11103 29.44 Group XI - Misc. 11134 79.40 Item 11137 300.00 11135 112.77 11140 8.100.00 11136 111. 76 11141 2.124.00 11146 168.12 11149 2,940.00 11153 724.50 11150 980.00 11155 768.50 11151 392.00 $ 2.727.62 11152 588.00 11154 5.235.00 Moore Medical Corp. $47.862.20 Group XI - Misc. Item 11107 $ 7.92 Advanced Medical & Pharmaceutical 11108 228.00 11110 39.36 Group IV $ 330. 13 11139 185.20 Group XI - Misc. 11143 39.52 Item 11104 29.86 11148 38.00 11105 19.04 11156 2.464.00 11108 226.56 11158 22.95 11113 29.70 11114 30.24 $ 3.024.95 1111 7 159.00 Sun Belt Medical Supply Inc. 11120 441.00 Group II $15.264.52 11121 164.00 11126 438.00 V 1.376.00 11127 50.00 Group XI - Misc. 11142 428.40 Item 11109 414.00 11111 75.00 11144 120.80 11112 139.00 11157 1.264.00 11115 318.00 11159 400.80 11116. 81.12 $ 3,801.40 #118 177 . 00 #119 138.00 Suncoast Surgical Supply 11122 397.50 Group VIII $ 5.300.67 11123 697.50 11124 901.60 Group XI - Misc. 11125 109.20 Item 11147 237.40 11128 92.70 $ 5.538.07 11129 2.309.00 General Medical Corporation $22.490.14 Group XI - Misc. Item II 133 $ 113.94 MED M.D. Group XI - Misc. Item II 130 $ 11.50 II 132 (City of Boynton) . AWARDS BY VENDOR caNT.... Matrx Medical Inc. Group XI - Misc. Item II 130 $ 768.00 II 160 (City of Boynton only) FIBA Healthcare Corp. Group III $ 5.346.10 Fischer Scientific Group XI - Misc. Item II 131 $ 1.149.12 II 145 183.90 $ 1.333.02 Cook. Inc. Group XI - Misc. Item II 102 $ 2,520.00 II 106 240.00 $ 2.760.00 TOTAL FOR CITY OF DELRAY BEACH $95.776.94 . M E M 0 RAN DUM TO: Chief Widgerson, Assitant Fire Chief FROM: Jacklyn Rooney, Senior Buyer ere i/ DATE: November 14, 1995 SUBJECT: Bid 1195-66 Medical and Drug Supplies - Annual Contract . Dennis Morley, Paramedic Lieutenant, and myself have met and have made award recommendations for this annual contract per attached highlighted tabsheet, award breakdown by item, and City of Delray Beach award by vendor. The estimated annual cost to the City of De1ray Beach is $95,776.94. Please review, and if you approve, sign below and return to Purchasing and I will proceed with the Commission Agenda approval. 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Agenda I tem No.: AGENDA REQUEST Date: November 15, 1995 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: November 21, 1995 Description of agenda item (who, what, where, how much): Bid Award - Bid #95-54 - Co-op Bid Chemicals and Fertilizers. Award to various vendors at an estimated ahnual cost of $153,999.22 for the City of Delray Beach. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO " Recommendation: Award to various vendors per attached tabsheet at an estimated annual cost of $153.999.22 for the City of Delray Beach. Funding from the Parks and Recreation Department and the Golf Courses operating . ~epart.ment Head Signature: Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available, ~ NO q ~~rble> Funding alternative . Account No. & Descri1tiQn: S2.-'")..~ t tth- . V~ Account Balance: \ (0 000 . . tXp+S .) I City Manager Review: /j<1!/ Approved for agenda: ~ NO erøff f}fflø4 Hold Until: I J;;L Agenda Coordinator Review: ~ $/5L/) 37, , Received: d;utdíii b¡ C/I7 . Action: Approved/Disapproved a5?- 11/:;;.1/ q r>' ~ . M E M 0 RAN DUM TO: David T. Ha~Manager THROUGH: Joseph Saffor . nee Director FROM: Jacklyn Rooney. Senior Buyer ~ DATE: November 14, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - NOVEMBER 21, 1995 - BID AWARD - BID #95-54 CO-OP BID - CHEMICALS AND FERTILIZERS - ANNUAL CONTRACT Item Before Commission: The City Commission is requested to make multiple awards to low responsive bidders, as stated below, at an estimated annual cost of $153,999.22. Background: The City of Delray Beach is the lead organization for this County Co-operative contract. Bids were received on October 11, 1995, from twelve (12) contractors, all in accordance with City purchasing policies. (Bid #95-54. Documents on file in the Purchasing Office. ) A tabulation of bids is attached for your review. The Palm Beach County Cooperative Purchasing Group has reviewed the bids and recommends awards to the low responsive bidders, as highlighted on tab sheets. The City of Delray Beach Parks and Recreation Department and Golf Course staff have also reviewed the bids and concur with this recommendation. Vendor: Estimated Amount: Terra Asgrow Florida $ 33,513.60 United Horticultural 32,743.50 Howard Fertilizer 6,940.02 Atlantic FEC 9,940.00 Timberland Enterprises 5,295.75 Scott's Company 10,678.20 Harrell's Inc. 1,017.50 Lesco, Inc. 53,870.65 Total Estimated Annual Cost $153,999.22 6'f'j . . Recommendation: Staff recommends award to various vendors as outlined above. Funding from the departments operating expense budget. Attachments: Memo To Co-op Members Award Recommendation Per Item City of Delray Beach Requirements Tabulation of Bids cc Joe Weldon Ray Eubank Brahm Dubin Tom Arendt Leonard Mass Co-op Members . . £IT' DF DELIA' BEA[H DElRAY BEACH tI.ad 100 N.W. 151 AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243·7000 f'iifP I ')9J November l3, 1995 Members of Cooperative Purchasing Council of Palm Beach County RE: Bid #95-54 "Co-op Bid Chemicals and Pertilizers" Dear Members; As the City of Delray Beach is the lead entity for this Co-op Bid, attached you will find the City of Delray's recommendations for bid awards broken down per item number for Chemicals and Fertilizers. The City of Delray Beach is recommending award to low bid per item. In case of tie bids, each entity shall award based on vendor locations, In case of minimum shipping requirements as stated by vendor{s) , each entity may choose to award accordingly to their quantities and shipping minimum size requirements. If award recommendations are not acceptable, please advise ASAP, as the City of Delray Beach plans to award at our Commission meeting of November 2l, 1995. If you have any questions, please contact me at (407) 243-7l63. ~72 Jacklyn Rooney ~ Senior Buyer Attachments cc: City of Boca Raton City of Greenacres Solid Waste Authority Town of Palm Beach City of Lake Worth @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS . . . City of Delray Beach Awards By Vendor: Vendor Total Cost Terra Asgrow Florida $ 33,513.60 United Horticultural 32,743.50 Howard Fertilizer 6,940.02 Atlantic FEC 9,940.00 Timberland Enterprises 5,295.75 Scott's Company 10,678.20 Harrell's Inc. 1,017.50 Lesco, Inc. 53,870.65 Total Cost For City of Delray $153,999.22 . AWARD RECOMMENDATIONS CHEMICALS: ITEM DESCRIPTION VENDOR PRICE COMMENTS 1. Award Terra Asgrow Florida 5.40 lb. Low Bidder 2. AMA+2-4- D Terra Asgrow Florida 11. 00 gal. Low Bidder 3. Aqua-Gro L Lesco Inc. 17 . 50 gal. Low Bidder 4. Barricade 65 WG United Horticultural 38.45 lb. Low Bidder Supply 5. Basagran Lesco Inc. 59.50 gal. Low Bidder 6. Blazon SP Lesco Inc. 21. 35 gal. Low Bidder (or equiv.) 7. Bâyleton Terra Asgrow Florida 27.60 lb. Low Bidder 8. Chipco 26019 Terra Asgrow Florida 85.90 gal. Low Bidder 9. Daconil 2787 Terra Asgrow Florida 33.95 gal. Low Bidder 10. Dithane 45 WP Lesco Inc. 13.70 gal. Low Bidder 11. Dursban Plus 4E Terra Asgrow Florida 43.00 gal. Sole Bidder 12. Dursban 2.32% Terra Asgrow Florida .63 lb. Low Bidder Granular 13. Dursban Pro United Horticultural 38.20 gal. Low Bidder Supply 14. Dursban Cricket Lesco Inc. .40 lb. Low Bidder Bait 1% 15. Fire Ant Amdro Lesco Inc. 5.30 lb. Low Bidder Bait Granular 16. Garlon 4 Vegetation Timberland Enterprises 74.95 gal. Low Bidder Management 17. Gro Safe Activated Terra Asgrow Florida .70 lb. Low Bidder Charcoal 18. Illoxan 3 EC Terra Asgrow Florida 87.50 gal. Low Bidder .. 19. Image W/Ammonium Terra AsgrowFlorida 180.00 gal. Low Bidder Salt Imazaquin 20. Kerb 50 W'SP Terra Asgrow Florida 19.10 lb. Low Bidder 21. Mocap lOG Terra Asgrow Florida 1.15 lb. Low Bidder 22. Nemacur lOQ Atlantic FEC Fertilizer 2.14 lb. Low 'Bidder & Chemical Co. 23. Nemactlr (3) Terra Asgrow Floridn "i. to ~nl. r l"~· Bid d (' r Liquid . - Award Recommendations Cont... ITEM DESCRIPTION VENDOR PRICE COMMENTS 24. Oftanol Terra Asgrow Florida 55.90 gal. Low Bidder (Liquid) 25. Orthene TTO Terra Asgrow Florida 9. 11 lb. Low Bidder 26. Pagaent DF Terra Asgrow Florida 11.40 lb. Low Bidder 27. Pre-M Scotts Company 7.95 lb. Low Bidder 28. Rodeo Terra Asgrow Florida 94.35 gal. Low Bidder 29. Ronstar 2G Regal Chemical 1. 02 lb. Low Bidder 30. Round Up Pro Timberland Enterprises 46.05 gal. Low Bidder 31. Sencor 75 T.H. Terra Asgrow Florida 24.29 lb. Low Bidder 32. Sevin 80 Terra Asgrow Florida 4.10 lb. Low Bidder 33. Surflan as T/O Timberland Enterprises 63.29 gal. Low Bidder 34. Talstar WP Terra Asgrow Florida 35.79 lb. Low Bidder 35. Talstar .2G Terra Asgrow Florida .50 lb. Low Bidder 36. Trimec Plus Terra Asgrow Florida 24.50 gal. Low Bidder 37. Triump 4E Terra Asgrow Florida 152.90 gal. Low Bidder 38. Wetting Agent Deep Terra Asgrow Florida 5.25 gal. Low Bidder Penetrant 39. MSMA 6.6 Harrell Inc. 18.50 gal. Low Bidder 40. Bivert Sticking Tropical Chemical Corp. 21.95 gal. Low Bidder Agent 41. Crusade Lesco Inc. .79 lb. Low Bidder . . Award Recommendations Cant.... FERTILIZERS: ITEM DESCRIPTION VENDOR PRICE COMMENTS 1. 14-14-14 Lesco Inc. .362 lb. Low Bidder - Howard Fert. - minimum order requirement of 2 tons 2. 24-5-11 Lesco Inc. .162 lb. (same as above) 3. 22-5-7 + 2,4-D Lesco Inc. .348 lb. (same as above) 4. 22-0-22 Lesco Inc. .196 lb. (same as above) 5. 16-4-8 Premium Howard Fertilizer Co. .117375 lb. Low Bidder 6. 6-6-6 40% Organic Lesco Inc. .0872 lb. Low Bidder Cóntains Secondaries 7. 16-4-8 with minor Atlantic FEC Fertilizer . 117 lb. Low Bidder elements 8. 21-0-0 Sulfate of Harrell's Inc. .0875 lb. Low Bidder Ammonia Granular 9. 10-10-10 Harrell's Inc. .1075 lb. Low Bidder 10. 15-5-15 Bermuda, Howard Fertilizer Co. .151455 lb. Low Bidder St. Augustine Bahia Fertilizer 11. 32-0-0 Urea Liquid Howard Fertilizer Co. .146 lb. Low Bidder - United Bulk Horticultural - minimum' order require- ment of 10 tons 12. 20-20-20 Water Lesco Inc. .59 lb. Low Bidder Soluble Powder 13. Milorganite Terra Asgrow Florida .1064 lb. Low Bidder 14. 30-10-7 Arbor Green Lesco Inc. .731 lb. Sole Bidder Fertilizer 15. 17-1-10 Greens Lesco Inc. .247 lb. Low Bidder - Grade Fertilizer Equal To Product 16. 29-3-5 Fertilizer Lesco .39 lb. Low Bidder - Howard w/Dursban Fert. - minimum order requirement of 2 tons 17. 0-0-21 Sul-Po-Mag Atlantic FEC Fertilizer .105 lb. Tie Bid with Howard Granulår (Atlantic FEC closest to Delray) 18. Manganese Sulfate Lesco Inc. .31 lb. Tie Bid with Atlantic (Lesco Closest to Delray) 19. Mangesium Sulfate Atlantic FEC Fertilizer .176 lb. Low Bidder (Epsom Salts) . . . Award Recommendations Cont... ITEM DESCRIPTION VENDOR PRICE COMMENTS 20. 13-13-13 Tree & Palm The Scott's Company .1488 lb. Low Bidder Fertilizer 2l. 17-4-6 Weed & Feed Lesco Inc. .216 lb. Low Bidder - Howard w/0.76% Atrazine Fert. - minimum order requirement of 2 tons 22. 24-2-8 Lesco Inc. .148 lb. Low Bidders - Howard Fert. and Atlantic FEC - minimum order requirement of 2 tons 23. 8-10-10 Ornamental Harrell's Inc. .14 lb. Low Bidders - Howard Fert. w/Micronutrients Fert. and Atlantic FEC - minimum order requirement of 2 tons 24. 29-3-5 St. Augustine The Scott's Company .46 lb. Sole Bidder Weed Control plus Fertilizer 25. Liquid Micronutrient Lesco Inc. 4.50 gal. Low Bidder Soil Supplement 26. 18-4-18 Fertilizer The Scott's Company .29 lb. Low Bidder - Plus Broadleaf Weed (18-4-8 no longer Control available - bid on 26-4-4 & Trimec) . A\~A1W RECOHMENDATIONS CITY OF DELRAY BREAKDOWN CHEMICALS: DELPAY DELRAY ITEM DESCRIPTION VENDOR PRICE PARKS GOLFCOURSES I. Award Terra Asgrow Florida 5.40 lb. n/a n/a 2. AMA+2-4- D Terra Asgrow Florida 11. 00 gal. n/a n/a 3. Aqua-Gro L Lesco Inc. 17.50 gal. n/a n/a 4. Barricade 65 WG United Horticultural 38.45 lb. n/a 12,688.50 Supply 5. Basagran Lesco Inc. 59.50 gal. n/a 595.00 6. Blazon SP Lesco Inc. 21. 35 gal. n/a 1,174.75 (or equiv.) 7. Bâyleton Terra Asgrow Florida 27.60 lb. n/a 1,15~.00 8. Chip co 26019 Terra Asgrow Florida 85.90 gal. n/a n/a 9. Daconil 2787 Terra Asgrow Florida 33.95 gal. 330.95 679.00 10. Dithane 45 WP Lesco Inc. 13.70 gal. n/a 274.00 II. Dursban Plus 4E Terra Asgrow Florida 43.00 gal. n/a n/a 12. Dursban 2.32% Terra Asgrow Florida .63 lb. 6,930.00 7,560.00 Granular 13. Dursban Pro United Horticultural 38.20 gal. 191. 00 19,864.00 Supply ILl. Dursban Cricket Lesco Inc. .40 lb. n/a n/a Bait 1% 15. Fire Ant Amdro Lesco Inc. 5.30 lb. 53.00 344.50 Bait Granular 16. Garlon 4 Vegetation Timberland Enterprises 74.95 gal. n/a n/a Management 17. Gro Safe Activated Terra Asgrow Florida .70 lb. n/a 105.00 Charcoal 18. Illoxan 3 EC Terra Asgrow;:'Florida 87.50 gal. n/a n/a 19. Image W/Ammonium Terra Asgrow~Florida 180.00 gal. n/a 2,700.00 Salt Imazaquin 20. Kerb 50 W')SP Terra Asgrow Florida 19.10 lb. n/a 2,483.00 21. Mocap lOG Terra Asgrow Florida 1.15 lb. n/a 1,495.00 22. Nemacur 10Q Atlantic FEC Fertilizer 2.14 lb. n/a 1, 177 . no & Chemical Co. 23. Nemacur (3) Terra Asgrow Florida 57.10 gal. n/a 3,997.00 Liquid . Délray ~equirements Award Recolnmendations Cont... DELRAY DELRAY ITEM DESCRIPTION VENDOR PRICE PARKS GOLFCOURSES 24. Oftanol Terra Asgrow Florida 55.90 gal. nla 3,354.00 (Liquid) 25. Orthene TTO Terra Asgrow Florida 9. 11 lb. 136. ó5 2,277.50. 26. Pagaent DF Terra Asgrow Florida 11.40 lb. nla nla 27. Pre-M Scotts COlllpauy 7.95 lb. 79.50 5,167.50 28. Rodeo Terra Asgrow Florida 94.35 gal. n/a n/a 29. Ronstar 2G Regal Chemical 1.02 lb. n/a n/a 30. Round Up Pro Timberland Enterprises 46.05 gal. 2,302.50 2,993.25 3l. Sencor 75 T.H. Terra Asgrow Florida 24.29 lb. n/a n/a 32. Sevin 80 Terra AsgrowFlorida 4.10 lb. 123.00 184.50 33. Surflan as T/O Timberland Enterprises 63.29 gal. n/a nla 34. Talstar HP-' Terra Asgrow Florida 35.79 lb. n/a n/a 35. Talstar .2G Terra Asgrow Florida .50 lb. nla n/a 36. Trimec Plus Terra Asgrow Florida 24.50 gal. nla n/a 37. Triump 4E Terra Asgrow Florida 152.90 gal. n/a n/a 38. Wetting Agent Deep Terra Asgrow Florida 5 . 25 gal. n/a n/a Penetrant 39. MSMA 6.6 Harrell Inc. 18.50 gal. 92.50 925.00 40. Bivert Sticking Tropical Chemical Corp. 21. 95 gal. nla n/a Agent. 41. Crusade Lesco Inc. .79 lb. n/a n/a . . - Award Ü.ecouuuendations Cont.... Delray Requirements FERTILIZERS: DELRAY DELRAY ITEM DESCRIPTION VENDOR PRICE PARKS GOLFCOURSES l. 14-14-14 Lesco Inc. .362 lb. 9,050.00 380.10 2. 24-5-11 Lescl) Inc. .162 lb. 3,888.00 8,100.00 3. 22-5-7 + 2,4-D Lesco Inc. .348 lb. 6,960.00 nla 4. 22-0-22 Lesco Inc. .196 lb. 2,058.00 401.80 ,. 16-4-8 Premium Howard Fertilizer Co. .117375 lb. n/a 1,831.05 J. G. 6-6-6 40% Organic Lesco Inc. .0872 lb. n/a n/a Cóntains Secondaries 7. 16~4-8 with minor Atlantic FEC Fertilizer . 11 7 lb. nla 468.00 elements 8. 21-0-0 Sulfate of Harrell's Inc. .0875 lb. nla n/a Awnonia Granular 9. 10-10-10 Harrell's Inc. .1075 lb. nla n/a 10. 15~5-15 Bermuda, Howard Fertilizer Co. .151455 lb. n/a 3,119.97 St. Augustine Bahia Fertilizer II. 32-0-0 Urea Liquid Howard Fertilizer Co. .146 lb. nla 1,989.00 Bulk 12. 20-20-20 Water Lesco Inc. .59 lb. 59.00 nla Soluble Powder 13. Mi10rganite Terra Asgrow Florida .1064 lb. n/a n/a 14. 30-10-7 Arbor Green Lesco Inc. .731 lb. n/a n/a Fertilizer 15. 17-1-10 Greens Lesco Ine, .247 lb. n/a 9,633.00 Grade Fertilizer 16. 29-3-5 Fertilizer Lesco .39 lb. 4,680.00 nla w/Dursban 17. 0-0-21 Sul~Po-Mag Atlantic FEC Fertilizer .105 lb. 105.00 8,190.00 Granulàr 18. Manganese Sulfate Lesco Inc. .31 lb. nla nla 19. Mangesium Sulfate Atlantic FEC Fertilizer .176 lb. n/a n/a (Epsom Salts) . Awård Rec<:nlwlendations Cont... DELRAY DELRAY ITEM DESCRIPTION VENDOR PRICE PARKS - GOLFCOURSES - 20. 13-13-13 Tree & Palm The Scott's Company .1488 lb. 1,562.40 3,868.80 Fertilizer 21. 17-4-6 Weed & Feed Lesco Inc. .216 lb. 3.888.00 n/a w/0.76% Atrazine 22. 24-2-8 Lesco Inc. .148 lb. 1,702.00 n/a 23. 8-10-10 Ornamental Harrell's Inc. .14 lb. nla nla Fert. w/Micronutrients 24. 29-3-5 St. Augustine The Scott's Company .46 lb. n/a n/a Weed Control plus Fertilizer 25. Liquid Micronutrient Lesco Inc. 4.50 gal. 45.00 585.00 Soil Supplement 26. 18-4-18 Fertilizer The Scott's Company .29 lb. nla n/a Plus Broadleaf Weed Control . .. . c ' . · . j ..... ..... ..... ..... ..... ..... ..... ..... \0 CI) ......, 0\ VI .þ. W N .....,~ n?? ......, 0\ VI .¡:... W N ..... 0 . .. . l'D::Crt . ... a !i1 g. .. ~>C')j!:<~ ~..., ~g t:! C')t:! 'tit:! ÞOt:! Nt:! Nn tI:I Otl:l tI:I O\tI:I > i!: > t:! n'1 ~¡gli¡:¡:>:><It' ~ "'2: .g S C œ >_ H >tI!t"" "';¡tI!...;¡en tI> en enen C ....0 -'tI ts t'I~ > c$Ø > + 2: n ¡;;_ 8~~C')2~~ C'» _~ ~ ~ ~ "d ;!I -08 ~.g~ C') C')~ b 'ì' Eí :1". >...;¡...,...;¡ !z HZ :z: Z :z: tI! t"" 0.... ~ > :xl þo 'tI_ t""tI!tI!....þo ...;¡ Z <en Ii t:! 0 I rt-o t:! zo n 'tI N . 'tI tI! t:! .... c::-o ...;¡ Z i!: :><1:0: H ...;¡ o ~ en o 0 ~ g' C'). .... 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'" '" EI'O rtrt CD VI '" 00 ........ ....'< iii' '0 ft 00 0: 110 o 0 .. .....I1XOOIÞ .... 110 110 O>~~0h":;~:-' . .... .... .... < :T 0 ft ::s . n ft ...0>'" '" 0 ~ ::1"- ~ . 11 ft '0 11 EI -- t'ln"<l"'O>:C "<Io-f ::I 0 110 .. 110 .... ...... ;¡§.;~~ o 11 11 11 ...... 0> ....110 ....'< iii' '0 ft '" ft .. ... 11 X 110 > "'01\10....... 0> o 0 0 ft 00 < ::I" 0 ft ::s 11 ft ...0>'" 0 11 :T C ::I .. 11 . f C . Agenda I tern No,: AGENDA REQUEST Date: November 16, 1995 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: November 21, 1995 Description of agenda item (who, what, where, how much): Purchase Award - Taro Multi-Pro Sprav Rig via G.S.A. Contract #GS-07F-5636A at coat of $10,308.15, and Jacobsen Triple X Turf Mower Model #16R4D via City of Bartow Bid #CG-1 at R co~~ of $lR,OOO. Total Cost $28,308.15 ORDlNANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Award purchase of Taro Multi-Pro Spray Rig Model #41105 G.S.A. Contract #GS-07F05636A at a cost of $10.30R.15 and Triplp. X Tllrf Mower Model #1648D via City of Bartow Bid #CG-l. t of 18 000. from A oun Co e -4 61-572-64.90 $10,308.15 from Account Code 445-4761-572-64.9&,_ pepar~ment Head Signature: ì Determination of Consistency with comprehen"~Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives, ctðf ~~el Account No. & DeSCriPti9~ ~1-S7;;¡~~ ~ Account Balance: 3~ ,10 Q+.ê\..lfV ~q vu'~tvf- City Manager Review: ~. . Approved for agenda: ¿r¡;¡ 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: November 16, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - NOVEMBER 21, 1995 - PURCHASE OF MULTI PRO SPRAY RIG, AND TRIPLEX TURF MOWER Item Before Commission: The City Commission is requested to approve award to Hector Turf for the purchase of an Multi Pro Spray Rig at a cost of $10,308.15 via the GSA Contract #GF-07F-5636A, and the purchase of a Jacobsen Triple X Turf Mower, via the City of Bartow Bid at a cost of $18,000.00 for the Delray Beach Golf Course. Background: The Golf Course has a need for this equipment as the present equipment is old and must be rebuilt, per the attached memos. The vendors have agreed to extend the pricing to the City of Delray Beach per attachments. Recommendations: Staff recommends awards to vendors as outlined below. Funding from the department's operating capital budgets at a total cost of $28,308.15. Vendor Equipment Contract Price Hector Turf Taro Multi-Pro Spray Rig G.S.A. Contract $10,308.15 Model #41105 #GS-07F-5636A Kilpatrick Turf Jacobsen Triple X Turf City of Bartow $18,000.00 Equipment Mower Model #1684D Bid CG-1 Attachments: Memos From Golf Course Memos Hector Turf and Kilpatrick Turf Equipment cc: Brahm Dubin Tom Arendt 6 fs . . , lo(~.:~l ~.s . ~r-i } MEMORANDUM 1'~~ .~~_ <..J{- TO: BRAHM DUBIN ~~ FROM: TOM ARENDT /~~ , ~ DATE: OCTOBER 20, 1995 RE: CAPITOL FOR MACHINERY J ------------------------------------------------------------------------------------------------------------- 1) AT THE PRESENT TI1YIEWE ARE IN NEED OF A SPRAY MACHINE AND HEA VY DUTY TRIPLEX MOWER. TOTAL COST: $28,500 2) WE WILL ALSO BE NEEDING A CHAIN SAW EDGERS, WEED EATERS, ETC. IN THE PAST WE HA VE PURCHASED THESE ITEMS THRU THE REP AIR BUDGET LINE. PERHAPS THEY BELONG IN CAPITOL. COST: .......$2,000 3) WE HAD BUDGETED ABOUT $15,000 FOR A VACUUM BUT SO FAR IT SEEMS THAT WE CAN GET AWAY WITH THE BLOWER WE PURCHASED. WE THUS HAVE 20,000 LEFT THAT CAN BE USED FOR EITHER A F AIRWAY MOWER, F AIRWAY AERIFIER, ROUGH MOWER, HEA VY UTILITY VEHICLE, DUMP TRAILER FOR TOP DRESSING, HYDROJET INJECTOR, ETC. WE WOULD BE ABLE TO MAKE A BETTER JUDGEMENT FURTHER INTO THE FISCAL YEAR. THE SPRAYER AND TRII>LEX ARE NECESSARY NOW AND WE SHOULD GET THElYI LISTED ON THE COMlYlISSION AGENDA AS SOON AS POSSIBLE. THANKS........ . . '. ~-tEr ~\ c-):zI=sQ (/~~~~· MEMORANDUM ~ ~ cv~~~ .3 ~I ·O¿ ¿:2- I O{ó) I cr;- TO: BRAHM DUBIN FROM: TOM ARENDT ~ 1.~(-b,- O'~~ , DATE: OCTOBER 5, 1995 ~.O, RE: SPRAYER CAPITOL PURCHASE J ------------------------------------------------------------------------------------------------------------- m \/ \/"0 ,} WE lVIUST PURCHASE A NEW SPRAY MACHINE -- THE PRESENT EQUIP- MENT IS 6 YEARS OLD AND MUST BE REBUILT. APPROXIMATE COST FOR BASIC REBUILD IS $5,000 AND DOES NOT TAKE INTO ACCOUNT LABOR, BRAKES, TIRES, FRAME, RUST, ETC. WE CAN PURCHASE A NE\V ONE FOR $10,308.15 ON A G.S.A. CONTRACT PRICE (SEE ATTACHED). THIS IS THE WAY WE SHOULD GO. WE HAVE CAPITOL FOR 1996 TO PURCHASE THIS MACHINE, . ~/ DELRAY BEACH GOLF CLUB é)~ (d¿s{q~ . PURŒIASE ORDER !xu BLANKET PO OR REQ#:3 SCjtfLf DEPARTMENT: .' ~ ' C~ !1AAtÁ-Jt"' DATE :+2-/2l.{ I ~ \" . VENDOR:~O n..... Tù tL~ /aoo y ~ L 'r)"/ ¿ CONTACT PERSON: ~.~ L \ M LJ 'Q R C- PHONE If:: ~ '::' '~') ð OTY PRODUCT AMOUNT TOTAL r $ fv\ \J LTI P rLõ ç() QA~ ßIG- ::II-'1IID<) <J!r~ ~08"''>----'> CO.u,ttAc..T PeVL ~ G- s - 0 ¡Ç - 6 b 3 ~ A _1dt,~L M-\<.l'f "'""~~I y~o¿ ACCOUNT t#: '4 -,(j 1 to I S ld Co ~C( Ò ./I"_UJ'24 ~ 'P u-; ~ d Æ_~~~~ QUOTES kd2ý<-f LA . 4k/ð~ ¿p--. ~~, VENDOR: PRICE: CONT ACT PERSON: PHONE l~: VENDOR: PRICE: CONTACT PERSON: PHONE #~: VENDOR: PRICE: CONTACT PERSON: PHONE lJ:: *PLACE ORDER WITH VENDOR WHOSE QUOTE IS THE LOWEST COMMENTS ORDERED ON: DONE BY: DELIVERY DATE: '. ......-.. . .- '. . 1301 N.W. THIRD STREET / DEERFIELD BEACH, FL 33442 TEL.: (305) 429-3200 . FAX: (305) 360-7657 ~J. August 24, 1995 . Mr. Leonard Mass Via Fax: (407) 243-7386 Dubin & Associates 2200 Highland Avenue Delray Beach, FL 33445 Dear Leonard: ~< I In response to your request for quotation, enclosed is the pricing for Delray Beach Golf Club and Palm Beach Gardens Municipal. DELRA Y BEACH -------------- _._~.--- ~ Description nIt nee ~.. '\ \ 1 ea 41105 Toro Multi-Pro 1100 Vehicle $ 10,308.15 ) equipped with Manual Valve Spray / ./ System. -- -,- I ea 07052 Taro Rake-O-Vac p.T.a. Driven $ 17,982.46 Sweeper/Vac Above items rellect pricing per GSA Contract #GS-07F-5636A 1 ea 03426 Taro Reelmaster 2300D - Hydraulic $ 15,995.00 Trim Mower with 8 Blade Reels, Solid Rollers and Links Reels Suspension, PALM BEACH GARDENS MUNICIPAL Q!y Model# Description U nit Price 1 ea 04350 Taro Greensmaster 3000 equipped $ 12,847,15 with 04450 Reels and 04424 Wiehle Rollers . . 11 -¡;:}2-1 '::<'3:-' [12; 42FT'1 FF:Cif'1 HECTOR IU~F TI.:.I 24371E.6 F', [11 - 1301 NVV, THIRD STREET I DEERFIELD BEACH, FL 3J442 TEL. 13(5) 429-3200. FAX (305) 360-76.5: I #(;(pàges sent ~ (Inc1Uding cover) -----1- If there Me any problems, Please call at 305-429-3200, Exté?\ ~~~~I- ..,.PLEASE NOTIFY ADDRESSEE..,.. MESSAGE: - ~-"'.'. -".~ .'. - . ..- .. .. -.,' - - . . 11-02-1995 02:43PM FR[~ HECTOR TURF TI.] 243716E, F'. 02 . . . GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SCHEDULE GS-07F -5636A GSAPRODUCTPIDCEBOOK MODIFICA TION NUMBER: AS07 CONTRACT EFFECTIVE DATE MARCH 30,1993 THRU FEBRUARY 29, 1996 ~Ol'l'!'\ No. 9$-:20-T, Rev. 2,1/95 : . . . . . " ., '4'~ Q en I >- I i N 0 =z: t!j , , == >- I-d CII .:Jdl-U, dCH='3H l.JCid.:J l,jdzt" : èl] £E:,f,l-ECI-l T S::CI . d '3c.n¿~:-h" . . 11-lJ2-1 ':3':35 02: 44F-'1"1 FFlJr'1 HECI [If.,: IU¡-.,F' U 24371 bb F' . C14 ~~~~~ www~w wwwww ~w w www w m ~.~~þ ....þ ..~.~ .. ~ ~.. . H ~~~~~ ~~~~~ ~~~~~ ~~ ~ ~~~ ~ ~ , , I I , r I , f I . I I I I I I I I .\jO ~~~~~ ~~~~~ N~~~~ ~w W WNW ~ ~ W~~~~ ~~~~~ N~~~~ WN W ~~M w 0 ..~~~ ~~~.~ ~~~~~ .. ~ ~.. ~ ~~ · ~~~~~ ~~~~~ ~~~~~ ~~ ~ ~~~ ~ 0 . OOO~~ ~OO~~ ~OO~~ ~~ ~ ~~O ~ Ö ~ WNNNN NNNNN ~NNNN ~~ m m~~ 0 ~ H m~oroo ~~O~O ~~oroo ~. 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TO: BRAHM DUBIN '??/ o~d (OLCJlqs FROM: TOM ARENDT DATE: OCTOBER 4, 1995 .t -----------------------------------------------------------------------------------~ ---- RE: CAP IT AL EQUIPMENT PURCHASE PLEASE SEE A TT ACHED MEMO DATED 9/6/95....................................... WE CAN PURCHASE REQUIRED MACHINE BY PIGGYBACKING THE CITY OF BARTOW BID. (ATTACHED). KILPATRICK TURF EQUIPMENT HAS UNIT IN STOCK AND CAl~ DELIVER AS SOON AS PAPERWORK GOES THROUGH. -.-- . . . .. / . . . ~, I ,.J MElVI ORANDUM . TO: BRAHM DUBIN FROM: TOM ARENDT DATE: SEPTEMBER 6, 1995 I RE: CAPITOL EXPENSE 1996 -~--------~----------------------------------------------------~----------------------~-------- WE ARE IN NEED OF A THREE GANG MOWER TO CUT BUNKER SURROUNDS AND AREAS THAT OUR PARKt\1ASTERS CANNOT ACCESS. WE ARE PRESENTLY USING A TORO PRODUCT, MODEL 216 TIUPLEX THAT IS EXTREMELY SLOW. IT ALSO HAS OVER 5,000 HOURS AND IS AT THE END OF IT'S USEFUL LIFE EXPECTANCY. WE HAVE RESEARCHED TillS ITElVI THOROUGHLY AS THIS PIECE OF MACIDNERY IS NECESSARY TO GIVE A FINISHED LOOK TO THE GOLF COURSE. WE HAVE DEMONSTRATED COlVIPETITIVE MACHINES AND THE JACOBSE 1648D IS THE BEST DESIGN A V AlLABLE. THE 1648D IS A HYDRAULIC POWERED DRIVE AND CUT TYPE OF UNIT POWERED BY A DIESEL ENGINE. I RECOMMEND WE PURCHASE THIS UNIT. PRICE IS $18,000. ATTACHED IS P.O. REQUEST WITH NECESSARY BID PAPERS. -...~ _.~________ ~__ 4~~_ . OlL~ DELRAY BEACH GOLF CLUB IO(ZŠ( ~ PURŒlASE ORDER J ' ~Cl5 DEPARTMENT: r~L.r e.ø~.-e MA I ~\; T . BLANKET PO OR REQlÞ: DATE: I 0 /-;' 'f /9 \" . . ( , ~Q\)tP. VENDOR: Pfi'L fA T t't\ ( '" ìtJ~ ~ 1$s00 ~f¿ 00 b {; CONTACT PERSON: -J ð h A.> ~ u' A IV ~ (¿ PHONE l~: , . OTY PRODUCT ,j Pf:-o (S S e I\...) Ii! AMOUNT J TOT AL JJ \ b~4.D TR\ fJ l.e.. X \Uv/). ç K OLù e ~"- \<t 00 D J ~ Oð Ò J P -eLtL. CrTY Or.: ß ~(lìO loG e,f) Po ~ ( - ~6 "7 I"') -..... ACCOUNT 11: CAp! TÙL· LflfS-lf)lo (- Gl:)- énltCla QUOTES VENDOR: PRICE: CONTACT PERSON: PHONE 4Þ: VENDOR: PRICE: CONTACT PERSON: PHONE lÞ: VENDOR: PRICE: CONTACT PERSON: PHONE 4Þ: *PLACE ORDER WITH VENDOR WHOSE QUOTE IS THE LOWEST CDMMENTS ORDERED ON: DONE BY: DELIVERY DATE: 11/16/9.) 10:02 FAX 305 584 5831 KILP.HRICK TURF @002 .. . Kilpatrick Turf Equipment November 16th) 1995 City of Delray Beach Attn: Mr. Jackîe Rooney 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Jackie;' As per your reques.t. KilpalTick Turf Equipment will honor the City of Delray Beach the purchase price of $18,000.00, or the same as the City of Bartow off of there requisition #37715) purchase date August 8th, 1995. Please make purchase order out to: Kilpatrick Turf Equipment 901 N. W. 31st. Avenue Ft. Lauderdale, Florida 33311 Thauk you very much for the order, these units are in stock and ready for slúpment. If you have any questions please do not hesìtate to contact me. Sincerely, ~ Field Sales Manager ..JACaBSEN~~:iúE1J ,Ja(:ob~cn Divl\:.icn of T~x.1rDt"I ((IC. Ki.1patríçk TUl'fE'1l1iMeI\L In~. . 901 Northwest 31st Avp.I'lUe . Ft. L!1\ld~tda]e. Florid~ 33311 · (805) 792·6005 · (800) 432-0066· ¡;'A.;( (}!OG) 584·f¡831 . OlL~ DELRAY BEACH GOLF CLUB 10(25"( ~ . PURŒlASE ORDER .! , ~)<15 DEPARTMENT: (cz-OL?' ~~.~ MA/~vT. BLANKET PO OR REQ~t: DA TE: I 0 /"2 't /9 ç . . . , I , £QVì p. VENDOR: ~L fAT t'"t\( ~ ;¡J(( ~ ¡kOO l.ff¿ 006(; CONTACT PERSON: ..J 0 h ^-> ~ u' t\ AJ ~ ~ PHONE It: OTY PRODUCT .j f¥-o C'$ s. ~ /'.J ø AMOUNT J TOTAL JJ \ b~4 Þ TR\ P le.. X \UV'>- t:' M OW ~ V\.... \<t OC) 0 '%: Oð ò / P.eJL C(fy Or.: (3 ~(llQ I-U e,f) Po ·~/-"J-6"7 (") --..... ACCDUNT 41: CAtJI TÙL· Lfl(5-lf)lD {- Gl :1.- 0ltClo QUOTES VENDOR: PRICE: CONT ACT PERSON: PHONE It: VENDOR: PRICE: CONTACT PERSON: PHONE It: VENDOR: PRICE: CONTACT PERSON: PHONE It: *PLACE ORDER WITH VENDOR WHOSE QUOTE IS THE LOWEST COMMENTS ORDERED ON: DONE BY: DELIVERY DATE: . FROM TRESCA IHD. OF JA" 8ò.ll.l":¡ 8":\6 P,2 '04-44S-~72~ TRESCA INDUSTRlES d?=' Plal/a1 AUG 11 IS! 129:37 . ~I ;;~:ï. rri:lt~t§: ! ¡~~3 ::,:1.1;;: I , I r-·------¡ ~It . t1;~ . filii I,! ~ j;~;\.¡' EÞi§ . ~i ~tHQi¡i Ilfa,! :i:J.i: I; 6 I~ rt Ili8,1: I~·I · -- ;'~~: . ~ ". \;j i :rlr ¡ UI'II! t r." ;,~ iDi ~ ~ :~ ~~ IJ~I~ljfl'I~' J ~ 1111 i . 1'1"',,, I::~ ~ i· I J ;. 1....-1 1\\'111\ ~ -, ~ ~~ !~ , "·II{'~ - l~hl4 = g +,(1.' . ~i'i h l § II ~ i ~ ,1:,,1/. ~ 11111 g ! .¡;~~¡¡;¡.~ ~ ~ 0 ~ . I ,I¡ .1." ,.' ~ \ rJ , . ,/. 1111'" ~ ",. .i/:; o",J '-, -J C .1.." I . -. : i, . , 'W ~ i ¡~ Ii I " I hJ ~. I ) t' ¡ i I i"'~ I II~I to ," .8 , l', ~ j ~ .'::,,' II:) :.1~', i .L' ~ i ~ ~ A:::- ñt "( :! ;:.J.:.,~:,:.:;:.j ! ~ ~!e ~ I W ^d .,: § !~ 01 "V il:I:' ' tTI þ' .¡Ii,.¡;!:,; 0 ~ ~~ ~ I III '.:;"v: · ~~ i ~ ... ,h¡:. Q. '" ,I,:.): ~ "'t"r . ':¡'.!,.:. IoØ ,,', ~ ~ i ; ...', '"-..--.-.-- ... "iI{- _r_ § ! ~ t ~ rn ' ~ e ~ ~ [ I ~HI i~ ~ ~ ¡ y J~ Ii ~ II ---..---.....--.------. ~ ~ ~ ·,·,,·,,·c:tID"··'·'" -~-- ---~_.- . , . . CITY OF BARTOW TO ALL BIDDERS: The recent bid requested by the City of Bartow on May 25, 1995 for Triplex Reel Mower has been awarded to Tresca Industries . Attached is a copy of the bid tabulation indicating the successful bidder. Your participation has been appreciated and you will be notified of any future bids. Respectfully, .--f)~. â Terri A. Lowers Purchasing Agent TAL/1m Enclosure 450 NORTH WILSON AVENUE · P.O. ßOX 1069 · ßARTOW, FLORIDA 33830 · (813)533-0911 . · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: '(;CITY MANAGER q.A. SUBJECT: AGENDA ITEM =If - MEETING OF NOVEMBER 21, 1995 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION QUASI-JUDICIAL HEARING DATE: NOVEMBER 17, 1995 This is before the Commission to consider an appeal of the Site Plan Review and Appearance Board's approval of a major site plan modification for Boston Market and Bagel Shop Restaurants at the Linton International Plaza, taken at their meeting of November 6, 1995. After public testimony both supporting and opposing the request, the Board voted 4-3 to approve the site plan based on positive findings with respect to Chapter 3 (Performance Standards) , and Section 2.4,5(G)(5) (F indings) of the Land Development Regulations and policies of the Comprehensive Plan, subject to conditions as outlined in the attached material, The action was appealed on November 9, 1995 by Carney Bank and Abbey Road Grill, tenants within Linton International Plaza. The main focus of the appeals relate to perceived problems with ingress/egress into the site, on-site circulation, parking demands, and increased traffic impact on Linton Boulevard. Recommend consideration of the appeal of the approval granted by the Site Plan Review and Appearance Board regarding the site plan modification for Boston Market and bagel shop. 1Il o-Lm & r1f¥X.~ cf/.¿ ~ g.. rbu¡ #.L .AdL ¡dIMe /ín~'~ S-O ~JtE-- CITY COMMISSION DOCUMENTATION TO: , CITY MANAGER THRU: E DIRECTOR NNING AND ZONING FROM: J~~RPLANNER SUBJECT: MEETING OF NOVEMBER 21, 1995 APPEAL OF A SITE PLAN REVIEW AND APPEARANCE BOARD'S APPROVAL OF A MAJOR SITE PLAN MODIFICATION FOR BOSTON MARKET AND BAGEL SHOP RESTAURANTS AT LINTON INTERNATIONAL PLAZA ACTION REQUESTED OF THE COMMISSION: The action before the City Commission is that of an appeal of the site plan modification approval granted by the Site Plan Review and Appearance Board (SPRAB) for Boston Market and bagel shop restaurants at Linton International Plaza. The subject property is located east of S.W, 10th Avenue on the south side of Linton Boulevard. SPRAB action was taken on November 6, 1995, The action was appealed by Carney Bank and Abbey Road Grill on November 9th (tenants within Linton International Plaza). The appeal is being processed pursuant to LDR Section 2.4.7(E) Appeals. BACKGROUND: Linton International Plaza was annexed into the City in 1984. Several site plan modifications have been processed for the plaza which include landscape and parking lot modifications, and awning additions, The development proposal is to construct a 5,281 square foot addition to the Carney Bank building to accommodate a 3,265 square foot Boston Market restaurant with a drive-thru window, and a 2,015 square foot bagel shop. The expansion is to be located along the east end of the Carney Bank building. The proposal also includes parking lot modifications including the addition of some new spaces and converting standard parking spaces to compact spaces, landscape modifications, loading bay, and dumpster enclosure. City Commission Documentation Appeal of SPRAB's Action on a Site Plan for Boston Market at Linton International Plaza Page 2 The initial site plan modification was denied by the Site Plan Review and Appearance Board on August 23, 1995 on a 4-2 vote (Sittler and Shermeta dissenting) based on the following concerns: · conflicts and concerns with respect to on-site circulation in that the drive-thru lanes to the bank, Boston Market and Checker's were oriented in different directions, stacking at the main entrance, and proposed changes being made to the parking lot just west of Abbey Road Restaurant which created an off-set with the main entrance creating a potential for vehicular conflicts. · the possible need for a right turn lane from Linton Boulevard which would help alleviate on-site stacking problems; · lack of adequate lighting in the parking lot areas; and · lack of loading and unloading areas for service vehicles. While traffic concurrency and adequacy of on-site parking was a concern, the Board felt that these issues were adequately addressed based upon the following: submittal of a parking demand study (conducted by James E. Neuhaus, Inc, Consulting Engineer) which indicated that sufficient parking existed on site to handle the proposed restaurants and the number of parking spaces exceeds code requirements by 79 spaces; and that the City received a letter from Palm Beach County Engineering Department indicating that the project meets Palm Beach County Traffic Performance Standards. The applicant reapplied for site plan approval with a revised site plan addressing the Board's previous concerns. The changes made to the site plan included the re- orientation of the Carney Bank drive-thru lanes to the east, so that all of the drive-thru's could be entered in one direction from the rear of the plaza and exit to the front of the plaza which eliminates some potential conflicts; the addition of an eastbound transition lane into the site from Linton Boulevard which helps on-site stacking problems, elimination of the proposed parking lot modifications west of Abbey Road Grill which could have created potential vehicular conflicts, addition of a loading bay, and one light fixture. A complete analysis of the proposal is found in the attached site plan Review and Appearance Board Staff Reports. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: At its meeting of November 6, 1995, the Site Plan Review and Appearance Board reviewed the revised site plan modification for Boston Market and bagel shop. The Board followed the established quasi-judicial procedures in considering the project. City Staff and the applicant offered testimony which supported the development proposal. The testimony stated the following: that the proposal complies with the City's Comprehensive Plan and Land Development Regulations; that parking provided exceeds code requirements and that a parking demand study was conducted to insure . City Commission Documentation Appeal of SPRAB's Action on a Site Plan for Boston Market at Linton International Plaza Page 3 that adequate parking spaces actually exist on-site to accommodate the proposed restaurants; that on-site circulation had been revised to make the site functionally work better; that traffic concurrency has been met; that appropriate site lighting would be installed and that the existing trees would be pruned allowing more light to penetrate the parking lot areas; and that a right turn would be installed which would help some of the stacking problems being experienced at the main entrance. There was public testimony in opposition to the request. The objections mainly related to the adequacy of parking, parking congestion problems, on site traffic flow and safety issues, and the projects impact on Linton Boulevard. After a lengthy discussion, the majority of the Board members were supportive of the project and felt that the revised plans adequately addressed the previous concerns. The Board voted 4-3 (Andrews, Little, and Carter dissenting) to approve the site plan modification for Boston Market and bagel shop based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(G)(5) (Findings) of the Land Development Regulations and policies of the Comprehensive Plan subject to the following conditions: o Address all Site Plan Technical Items and submit three (3) copies of the revised plans. o Provide revised engineering plans and off-site improvement plans for the right turn lane, dedication of right-of-way for the right turn lane, and that the applicant provide documentation that the existing left turn lane west bound Linton Boulevard was sufficient to handle the proposed development or that modifications be made as appropriate. o That the loading bay be stripped and signed "No Parking". o That the access points to the one-way drive aisle west of Abbey Road Grill be reduced to 15' and angled parking provided. o That additional mid-level landscape material be provided along the east elevation of Boston Market. o That the conflicts between the landscape plan and site plan be addressed. APPEAL: On November 9, 1995, the Site Plan Review and Appearance Board action was appealed by Carney Bank and Abbey Road Grill. The main focus of the appeals relate to problems with ingress/egress into the site, on-site circulation, parking demands, and increased traffic impact on Linton Boulevard. copies of the appeal letters are attached. . City Commission Documentation Appeal of SPRAB's Action on a Site Plan for Boston Market at Linton International Plaza Page 4 AL TERNA TIVE ACTIONS: A. Continue with direction and concurrence, B. Uphold the Site Plan Review and Appearance Board's decision and approve the site plan modification for Boston Market and bagel shop based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(G)(5) (Findings) of the land Development Regulations and policies of the Comprehensive Plan subject to conditions. C. Reverse the Site Plan Review and Appearance Board's decision and deny the site plan modifications for the Boston Market and bagel shop with reasons stated. RECOMMENDED ACTION: By motion, uphold the Site Plan Review and Appearance Board's decision and approve the site plan modification for Boston Market and bagel shop based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(G)(5) (Findings) of the land Development Regulations and policies of the Comprehensive Plan subject to the following conditions: o Address all Site Plan Technical Items and submit three (3) copies of the revised plans. o Provide revised engineering plans and off-site improvement plans for the right turn lane, dedication of right-of-way for the right turn lane, and that the applicant provide documentation that the existing left turn lane west bound Linton Boulevard was sufficient to handle the proposed development or that modifications be made as appropriate, o That the loading bay be stripped and signed "No Parking". o That the access points to the one-way drive aisle west of Abbey Road Grill be reduced to 15' and angled parking provided. o That additional mid-level landscape material be provided along the east elevation of Boston Market. o That the conflicts between the landscape plan and site plan be addressed, Attachments: * letters of Appeal * SPRAB Staff Report and Documentation of August 23rd, and November 6, 1995 . , I lillme.::ìtÎÎN,;:BDI:ãD:'II.:Q:::ÎRÎ__Î§::j::::@,QÎïm:::,Mí.#.MÎÎlI.:íl:M:::§lt.IËìj::::ßÎIÎBm:'11 MEETING OF: NOVEMBER 6, 1995 AGENDA ITEM: IV. A. ITEM BEFORE THE BOARD: The item before the Board is approval of a site plan request pursuant to LDR Section 2.4.5(G). The request involves the following elements as they pertain to Boston Market at Linton International Plaza: · Minor Site Plan Modification · Architectural Elevations · Landscape Plan BACKGROUND: At its meeting of August 23, 1995, the Site Plan Review and Appearance Board denied the proposed site plan modification for the addition of Boston Market and bagel shop at Linton International Plaza based on the following concerns: · conflicts and concerns with respect to on-site circulation; · the possible need for a right turn lane from Linton Boulevard; · adequacy of site lighting; and · lack of the provision for a loading bay. , The Board felt that previous concerns regarding the adequacy of on-site parking and traffic concurrency had been resolved with submittal of a parking demand study, and the letter from Palm Be~ch County Engineering Department indicating that the project met traffic concurrency. Additional background and analysis of the request can be found in the attached Site Plan Review and Appearance Board Staff Report. DEVELOPMENT PROPOSAL: The applicant has revised the plans addressing the above concerns, and a summary of those changes can be found below. Concern: The site plan provided two-way circulation through the parking area located west of Abbey Road Restaurant which created an off-set with the main entrance drive and the potential for vehicular conflicts. . I SPRAB Memorandum Staff I w¡)ort Site Plan Modification for Boston Market at Linton International Plaza Page 2 The revised plans provide for one-way circulation through the first parking row west of Abbey Road which eliminates the cross traffic conflicts at the project's main entrance, In addition, pavement markings for additional clarification will be provided. The access points to this first parking row should be decreased to 15', and the parking spaces angled to further identify the one-way circulation pattern. This modification is attached as a condition of approval. Concern: lack of continuity between the drive-thru's to the bank, Checker's, or Boston Market creating potential vehicular conflicts. The plans have been revised to reorient Carney Bank drive-thru lanes to the east, thereby eliminating the current problems created when vehicles enter the driveway to the drive-thru lanes from the wrong direction. As proposed all the vehicles will enter the drive-thru's in one direction from the rear of the plaza (heading west), and exiting the drive-thru's to the front of the plaza. This arrangement will allow for better on-site circulation throughout the parking lot areas, and create less confusion. Concern: The traffic study did not address turning movements into the site from Linton Boulevard. With the construction of Boston Market, an analysis as to whether a right turn lane is needed. The applicant retained James E. Neuhaus, Inc. to examine the need for a right turn lane into the project from Linton Boulevard. The study used existing counts (off season volume), estimated counts based on the average of peak season and off season volumes, and estimated traffic volumes for build-out with Boston Market and the bagel shop. The counts were taken for morning, noon, and evening peak hours. Palm Beach County requires an exclusive right turn lane when the peak hour volume exceeds 75 vehicles per hour. In summary, under existing conditions only the noon peak hour exceeds 75 vehicles per hour. With the build-out of the project (addition of Boston Market and the bagel shop), all peak hour turning movements exceed 75 vehicles per hour. Therefore, the construction of a right turn lane is required. Palm Beach County design standards for a 40 mph design speed, requires a 280 foot right turn storage lane with a 50' taper. The revised plans provide for the right turn lane. Off-site improvement plans for the right-turn lane using County standards have' not yet been submitted and are attached as a condition of approval. Concern: lack of loading and unloading areas for service vehicles. The revised plans provide for a designated loading bay to the rear of Boston Market. As the access to the loading bay is located adjacent to the drive-thru lane, it would be appropriate to strip-out this space and provide a sign indicating "No Parking". This has been attached as a condition of approval. . \ SPRAB Memorandum Staff t.. ¡.>ort Site Plan Modification for Boston Market at Linton International Plaza Page 3 Concern: Lack of adequate lighting in the parking lot. The applicant has indicated that the existing trees will be pruned to allow better lighting. In addition, one additional light fixture will be added to the parking lot east of the proposed Boston Market structure. As the pruning of the trees will provide temporary relief, the Board may want to consider additional lighting fixtures which are positioned to not conflict with the existing landscape material. ASSESSMENT AND CONCLUSION: The proposed changes to the site plan address all the Board's previous concerns regarding on-site circulation, the provision of a right turn lane, lighting, and loading bay, The revised plans are a great improvement over the previous plan. As revised engineering plans did not accompany the submission, submittal of final engineering plans will be required (including off-site improvement plans for the right turn lane) with the building permit plans. At its meeting of August 23rd, the Board did not provide specific comments regarding the proposed landscape plan or architectural elevations, The landscape plan has been revised to address technical items with the exception of the addition of mid-level plant material along the east elevation of Boston Market. ALTERNATIVE ACTIONS: A. Continue with direction and concurrence, B, Approve the site plan, landscape plan and architectural elevations for Boston Market based on positive findings subject to conditions. C. Deny the site plan, landscape plan, and architectural elevations with basis stated. STAFF RECOMMENDATION: By Separate Motions: Site Plan: Approve the site plan for Boston Market based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(G)(5) (Findings) of the Land Development Regulations and policies of the Comprehensive Plan subject to the following conditions: o Address all Site Plan Technical Items and submit three (3) copies of the revised plans, · I SPRAB Memorandum Staff t,~port Site Plan Modification for Boston Market at Linton International Plaza Page 4 o Provide revised engineering plans and off-site improvement plans for the right turn lane, a That the loading bay be stripped and signed "No Parking". o That the access points to the one-way drive aisle west of Abbey Road Restaurant be reduced to 15' and angled parking provided. Landscape Plan: Approve the landscape plan for Boston Market based on positive findings with respect to Section 4,6.16 of the Land Development Regulations, subject to the following condition: o That additional mid-level landscape material be provided along the east elevation of Boston Market. Elevations: Approve the proposed elevations for Boston Market based on positive findings with respect to LDR Section 4.6.18. Attachments: 0 Site Plan a Landscape Plan a Elevations 0 SPRAB Staff Report of August 23, 1995 , ~ ~; ¡, <1~ t ~~~ ~?~ r - ~ - -. r ~. I~ -. . i J t ~ t! -,----. - :¡'O;(.tt:.CS I .1-1.\'''' J .~ Q~ ~~ ~~ 3 ~ õ Q -._--,-- ~ ~ U ~ d n ~ ~ I i¡; i ! t ~ ~~- ~ h! ~ ~I-- OW~ ~ ~~ 0 ~ ~. · ~ !~~ ~~ · i¡¡~ H l- ,/ > .. ~~~ . i ~i ~ f~~ \)~ id ~ 0 ..i! ~~g · ~ ~J. , o~! w.~ i z 0 :l~Q ~ ~ê~ = \) z 11~1/ u - . \) -' h~ u ¡ JU !~ - a.. ! -= = ¡:~ t t ~~ ~ III U " '\:. Q - .~~\. - '" I 1I\,.<;¡,..\t..='"" I, - -- .".----- 'Ôocc:'( ---.-- - -....~ '" ....... - ~,~. ~I'"..'~ .... ...... . SITE PLAN RI:."IEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: Augu~t 23, 1995 AGENDA ITEM: V,B. ITEM: Site plan modification, landscape plans, and building elevations for the addition of Boston Market to the Linton International Plaza, located at the southeast corner of Linton Boulevard and SW 10th Avenue. I WAUACE ... WAlLACE SCU1HRlDCE u F VILLAGE FORD ~ J! "'SSAN !i! .. . J/ .. B 0 U LEV A R D UNTCN ~ IHlERNAlIONAL COSTCO PLAZA N Qj GENERAL DATA: Owner...... ,. ..........',......,......,...... MDN Properties, Inc. Applicant......................,............. Dan Navilio. Location...................................,. Southeast corner of Linton Boulevard and SW 10th Avenue, Property Size...,......................... 9.46 acres Future Land Use Map................ General Commercial Current Zoning........................,. PC (Planned Commercial) Adjacent Zoning...............North: RM (Medium Density Residential) East: PC South: SAD (Special Activities District) West: PC Existing Land Use......,.............. Existing 84,900 square foot shopping center with associated parking and landscaping.. Proposed Land Use,.................. Addition of a 5,281 square foot structure to house Boston Market and a bagel restaurant with parking and landscape modifications. Water Service............................ Available on site. Sewer Service........................... Available on site. \/P I . . ,........ l,.el\lll3E;.F()Rr;....,.FI.E...eC)~~[)·.·.. ., The action before the Board is approval of a site plan request pursuant to LDR Section 2.4.5(G). The request involves the following elements as they pertain to Boston's Market at Linton International Plaza: o minor site plan modification; o architectural elevations; and o landscape plan. The subject property is located east of 1-95 on the south side of Linton Boulevard. [ ................................................................................................. ........................... .............................................................. . I ..........--.---........--- --.-..",.....-..---"............._-..........,.......--................-.........................-.......,."............." ...._-.,..............-...-.............-...-...............~.:,._~-,. ..................... ......-..........._----..............-....-......,....,...........................................-.-................-..-....... --..........................................-...-.............,. -,........._--.......... ......-.,."......._----...-.................-....,."......, .. ... . . .. . .......... ......-....-....., .......-.-.............-,.'-.'.............- ...,..,..,..... -.'-'.'.-.'---' ...,........--..--.....,. ...-.-..,...........---.----........,.......---....,..,..... ,.. .. ...... .,...., -.-.... ........,............,....-....,..,..............-......,.".... .............._,......,., .."....-.-,..........._--.....-.,........,...--...-..,..... .... . ..... ........,-....,. ....... .................. ,................ .-....'..".'.....,.....,..'---' ...,-.........._,--.-.-,. ,.,...................-.-.-.................-.--............. . ..., . . ... . ...- . .......-..-.... ......'...'.............'...'.'...............-.....'..".. ...,.............,.--.., .,.....,..,...,.....-..-.----.................--............. . . .... . .-'. .... -... ............... ...............................-....'.......- ......,...."....."...... :llgli~i~~~N~>i At its meeting of September 25, 1984, the City Commission approved a request to annex an 18.82 acre parcel of land, between S.W. 10th Avenue and S.W. 4th Avenue, for Linton International Plaza (FKA Linton Square at Laver's & Laver's International Plaza). At the same meeting, the City Commission approved a request for SAD (Special Activities District) zoning, site plan, and conditional use approval for Linton International Plaza via Ordinance No. 54-84. The uses allowed under this particular SAD zoning were restricted to "hotel and limited commercial uses", The development proposal included the existing plaza (west 9 acres), and the proposed hotel/conference center (east 9 acres, now Costco). In January 1985, Linton International Plaza Plat 1 and Plat 2 were approved by the City Commission, The plats involved the western 9 acres of the development. Plat 1 included the existing shopping center, and Plat 2 included the existing Carney Bank building. The eastern 9 acres remained unplatted. At its meeting of July 17, 1989, the Planning and Zoning Board recommended approval of a rezoning request from SAD to CC (Community Commercial) for the east 9 acres to accommodate Costco. On August 8, 1989, the City Commission approved the rezoning request to CC. The property was platted separately and is no longer part of Linton International Plaza. The plaza remained zoned as SAD until the City wide rezoning of October 1990. at which time the property was rezoned to PC (Planned Commercial). There have been several site plan modifications processed for Linton International Plaza which include landscape changes. parking space and awnings addition. . , SPRAB Staff Report Site and Development Plans for Boston Market Restaurant Page 2 At its meeting of October 27, 1992, the City Commission approved a rezoning of the westernmost 106' of Tract "A" of Linton International Plaza Plat 2 from PC to GC (General Commercial) to accommodate a Checkers Restaurant. The Site Plan Review and Appearance Board approved a site plan for Checkers at its meeting of December 2,1992. The request now before the Board is approval for an addition to the Carney Bank structure to accommodate a Boston Market Restaurant, and Progressive Bagel Shop, PROJECT DESCRIPTION: The development proposal involves a 5,281 square foot addition to the Carney Bank building to accommodate a 3,265 square foot Boston Market restaurant with a drive-thru window, and a 2,015 square foot bagel shop, The expansion will be located along the east end of the Carney Bank building. Associated parking lot modifications will result in the loss of 2 parking spaces west of Abbey Road. The proposal also includes the installation of a dumpster enclosure to be situated to the rear of the proposed Boston Market Restaurant. In addition to the above, the applicant wishes to modify the parking lot located to the east of Abbey Road which will result in the addition of 5 parking spaces, relocation of existing landscape material, removal of a single dumpster enclosure, and installation of a trash compactor. , COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: LDR Section 4.3.4(K) Development Standards Matrix: The proposed addition meets all setback, height, lot coverage, open space, and building requirements, as listed in the Development Standards Matrix. LDR Chapter 4.6 Supplementary District Regulations: Parking: Pursuant to LOR Section 4.6.9(C)(3)(e) Shopping Centers: Spaces required for shopping centers are based upon the size of the centers leaseable floor area irrespective of uses. Shopping centers with 25,000 square feet to 400,000 . · SPRAB Staff Report Site and Development Plans for Boston Market Restaurant Page 3 square feet are required to provide 4 spaces per 1,000 square feet. Based on the above, the 84,900 square foot Plaza requires 340 parking spaces and 393 spaces are provided, Parking Study: While the project exceeds parking requirements per the LDRs, site visits would indicate there may be a parking deficiency at peak hour demands. The applicant's traffic engineers conducted a parking study to determine what impact the proposed Boston Market/bagel shop would have on available parking spaces within the plaza at peak hour demands. An analysis of that study is provided below, and the reports from the engineers are attached for reference. The parking study estimated the parking generation potential of the Boston/bagel restaurants, as well as the present parking demand at the plaza. The ITE "Parking Generation" manual, 2nd Edition was consulted in order to estimate the peak parking generation for the two restaurants, Boston Market classification is a fast food restaurant with drive-thru which generates 9.95 spaces per 1,000 square feet. The bagel shop classification is a fast food restaurant which generates 11.68 parking spaces per 1,000 square feet. Based on the proposed square footage's of the restaurants and classifications, peak parking demand is 58 spaces. To determine availability of spaces at the plaza during peak hour demands, a parking study was conducted at the site on Friday, January 20, 1995, Occupied parking spaces were recorded at one-half hour intervals between the hours of 11 :00 a,m. through 2:00 p,m., and 6:00 p.m. through 9:00 p,m. Noon time peak hour counts indicated that 149 parking spaces were available throughout the site, of which 84 spaces were available west of Abbey Road. Dinner time peak hour counts indicated that 126 parking spaces were available throughout the site, 'of which 70 spaces were available west of Abbey Road. Assuming the highest peak generation rate stated in the ITE manual, both restaurants will require 58 parking spaces, and 70/84 parking spaces are anticipated to be available to accommodate the proposed restaurants at peak hour demands. It has also been noted that the bagel shop closes at 5:00 p.m, and will. therefore not impact the p.m. peak parking demand. In conclusion, sufficient parking exists on site to accommodate the proposed restaurant uses. Stacking Distance: Pursuant to Section 4,6.9(D)(3)(c), provisions must be made to provide 100' of clear stacking distance from the first point of transaction for each lane of the drive-thru facility. A 100' stacking distance has been provided from the entrance SPRAB Staff Report Site and Development Plans for Boston Market Restaurant Page 4 of the drive-thru lane to the menu board. Thus, no concerns are noted with stacking. In addition, a by-pass lane has been provided east of the drive-thru window. Compactor Enclosure: A proposed compactor is to be located to the rear of Abbey Road. During the review of the project it was noted that the access to the compactor was through parking spaces located to the east of the compactor, which did not functionally work. The revised plans indicate that access to the compactor will be through the three adjacent parking spaces, However, those spaces are to be stripped out for a maneuvering area. Staff still has some concerns with this arrangement. The applicant has indicated that Waste Management reviewed the proposed location of the dumpster and approved its location. A letter from Waste Management indicating the approval of the compactors location and angle as been noted as a technical item, In addition, the stripped out parking spaces must be signed "No Parking". Infrastructure Improvements: There are no infrastructure improvements required with this minor site plan modification, Comprehensive Plan Policies: 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. Sign the stripped-out parking spaces east of the compactor as "No Parking". 2. Provide a letter from Waste Management that the angle and location of the compactor is accessible by Waste Management trucks. 3. Revise the site data to reflect the correct number of parking spaces east of Abbey Road, When the plans were revised, 14 spaces where not gained in this area, SPRAB Staff Report Site and Development Plans for Boston Market Restaurant Page 5 1»I1ANa$~~eE~N~L..'Y'$I$ ., Foundation plantings for Boston Market include Ixora 'Nora Grant', Hibiscus, Liriope, and jasmine, Phoenix Roebelenii is used as an accent plant at the corners of the building. Yellow Tabebuia, Pongam, and Queen Palms are to be used along the south and east elevations. Existing trees located in the modified parking lots will be relocated to newly created landscape islands. Staff recommends that additional mid-level landscape material be provided along the east elevation of Boston's adjacent to the drive-thru window, and that foundation plantings be provided along the north elevation of the proposed bagel shop. These items have been noted as technical items to be addressed with revised plans. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission. 1. Provision of foundation plantings to the north elevation of the proposed bagel shop. 2. Provision of mid level landscape material along the east elevation of Boston Market. 3. Provide the height of the mechanical equipment to be placed on the pad to the rear of Boston Market to insure that adequate screening has been provided ' 4. Shrubs are proposed in front of the door located on the side of the dumpster enclosure and need to be removed. t..·::::·········:::········::···>::············>···:··::··1\··'····>R.···..····S>··'··FI·I·m····':··E:..S····..··..m······:·:·tJ·>··~·,··,··)····)L.::E····:·····U·...·...E·······:·Yfj···..······1A·····<:m····:I····Ø········N······S··:·······:·:::·::"::":::"':::":"..........'.' .................... .................................................'..... ... ..... ....... '.' ..' ..... ... . ". ,n ..... . ................ ...................................._._........ ......... ... ."... ..... . ...... .......... ... ... ......... .. ..... ... ... ._... ..... ......... ........... ......... .... d·. ..... ....,............ ...............-..........,............ .. . .." ...".., . . ..... ... . . ..... . ......-........ ........................................~. ................ ....-..,......--........-.........-..... . .. .- -.. . ... . ...... . ..... ... ... ..... ......, .. .... .......... ............,............................. .............,... ..-..,..,.....--..........,........-... ....... .... ...... . .,.., ... ... """, ....., - .............. ..................... --................. ......,.....-.... ...--.....,...--...,................-..... .. . -. . ....... -.. . . , .... ,.' ........,....... ..........~............................... .............-... .... ........-..-....."...-...,.....- ..... .' '.' . .... ..... ... .. . .. . '.' ." ...... ..-..... ........... ............ -.-................. ............'............... .. .. ........-...'................-.-...................................-..'.'..................-..............-_._....'...............,...................,..'....:-....................-............................................... .......................................-.............:-................. ....... . .. ...- ................... ........... ..,.......................................... .................................. ........ ........ .... ........... The proposed building addition will be located along the east elevation of the Carney Bank structure. Building materials and colors are to match the existing structure, and include stucco walls to be painted beige with a terra cotta color barrel tile roof. Raised stucco banding is to be provided along the top and bottom of the structure, which is the same architectural detailing found on the bank building. Awnings are proposed, over the drive-thru window and the entrance to Boston Market. The colors of the awnings are black, white and maroon stripe . SPRAB Staff Report Site and Development Plans for Boston Market Restaurant Page 6 (Boston Market corporate colors). The proposed architectural elevations are compatible with the Carney Bank building as well as the plaza as a whole. While the awning colors are not compatible with the colors of the plaza, the awnings identify the restaurant and are inconspicuous when compared to the overall elements of the plaza. t/<····· ·<·<······>··.···.·....·HiI;QÛril;[j!ËINPfNßS·.·.·<·······......... I 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 Future land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the land Development Regulations. Pursuant to Section 2.4.5(G)(1)(b), this minor modification does not significantly impact required findings as they relate to Consistency with the Future land Use Map arid Comprehensive Plan, The development proposal involves an addition to an existing commercial building. Compliance with the land development Regulations was discussed earlier in this report. Concurrency as it relates to this development proposal is discussed below. Section 3.1.1 (B) Concurrency , Pursuant to Section 3.1.1 (B) Concurrency as defined to Objective B-2 of the land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements. The prC?posed modifications will not have an impact on water and sewer demands. Drainage will not be significantly affected by the modification as the proposed addition will be located in a predominately impervious area. It was however, noted earlier in the report that the modifications being proposed to the east end of the property will affect drainage and should therefore be eliminated. Given that the site is a commercial use, there will be no impacts with respect to Parks and Recreation Facilities level of service standard. Concurrency findings as they relate to Streets and Traffic, and Solid Waste are discussed below. 0 SPRAB Staff Report Site and Development Plans for Boston Market Restaurant Page 7 Streets and Traffic: The submitted traffic study indicates that the project will generate 1,025 average daily trips, Three of the roadway links on Linton Boulevard upon which the project has significant impact fail to meet the daily level of service standards, These roadway links include Military Trial to Congress Avenue, 1-95 to Waterford Place, and Waterford Place to S.W. 10th Avenue, Thus, the project fails Test 1 of the Palm Beach County Traffic Performance Standards. The links that failed Test 1 were analyzed to determine if they would meet Alternative Test 1, Which analyzes intersection capacities, It was concluded that all three roadway links on Linton Boulevard meet Alternate Test 1 standards. Within the project's Test 2 radius of influence (Linton Boulevard between 1-95 and S.W. 10th Avenue), the study shows that the project's impact on the failed Test 2 link will be less than 3% and thus is not significant. The County's Traffic Division reviewed the traffic study and has provided a written letter, which states that the project meets the requirements of the Palm Beach County's Traffic Performance Standards. Based on the above, a positive finding can be made to this level of service. Solid Waste: Pursuant to the Solid Waste Authority guidelines, restaurant uses generate approximately 20.8 pounds of solid waste per square foot per year. Thus, the proposed 5,281 square foot addition will generate approximately 109,844.8 pounds or 54.92 tons of solid waste per a year. There is sufficient capacity at the existing facilities to accommodate the increase in solid waste. Section 2.4.5 (G)(5) - Findings: Pursuant to LDR Section 2.4.5 (required Findings), the Board must determine that the proposed changes do not significantly affect the originally approved plan concurrent with approval of a minor modification. A 5,281 square foot addition to an existing shopping center and modifications to a parking lot do not significantly affect the findings made with the original site plan, . . SPRAB Staff Report Site and Development Plans for Boston Market Restaurant Page 8 I······.·.···..·······..·.···..................................................<........... ······.··.··.·.········R·..·<··e:···:YJ······'··e::w··········S'·:···"t·····:··..m··..·'·<:,..:·:··H·:·:e:..:·e.:·····S·········.· ...... :...................:.............·.···1 .."........---......... .:-"."-:-'--------,... "'.".- "". ',' .:-:.' -". ',',:- _.,'..:- -',-..:, . ,. ," -:-'.. , , .,...--- ".,' ,. .-...."'" -'.",'" -,. .'_'" . . 'H' . '.... ' _.. .... ," _. . ..... ..... .' .""", ...... -.. - ."" .." - . ,.. ..' .' -.. .. .... ....".. - -. . . ..,.,_" . ,". ... _,. ... ..... 'd" . ,". . ,..."...-...........................-.-.....--.......,..-.-........... The development proposal is not located in an area which requires review by the CRA (Community Redevelopment Agency) and the DDA (Downtown Development Authority). (..'.............................. . ·1 :::::::::::::::::;:::;:::::::::::::::::::::::::::::::;:::::::::::::::::::::::: :::::::::::::::::::::::::::-.,'::::::'-.'.:::.:----.:::......_-.:.._-.-.:::.......::....'::....:........-:..'-:;-'.:'..'.....:::;::;..'.::::'...::-....-...'..:::::::::,'-'...:::..'....:::..':::...:::..'...<:-.'::::::...:::-.-:.:.....:::.'.:::.-'....:::'..:::..-::::::::::::::::::::.;:::::::::::::::;:::::::::::::::::::;::::::::::::: ':"""':-:::::::::::::::::::: ........ ...............................,........ . ············1\···S··5·E..8·S· ·ME·"N· ·i..··f#.' ···NII· ·····C·C)· ·N·C· ·E'··lJ·· ·S··I·c)· ·N·····'···················,,········..·······.··. .................-............-.---....,..-,."'..,'.., .",-.....".- '. .' . '. '. . . '.' ....... '. ,'. .'. ...... ..... ........ .... .... .' ....; . ...-.--........:-.--.............-......... ...... ....,.,..-'.-:-.-.. .....................-...,.,..".".., '.'..--...-......, .' ..... .. ..,.. - ..., - .... ....... .,.. - ...-..-.... '.-.""" . ","," .....-..............,.......,..,.... . ,.... .. ." ,. ., ,...... .... '. ....-.. ... .-.. .', .. ...- -......-. . ,','" .......................-......,. . .-, . ,- -"'." '. ".,.' .... . ... .,. -. .--., -.' - - ....._-.--..... .,..,.... ......................... ... -.. . .. , .... '.. ...., ..- . ",'. '. ..-'.- .. -. -'. '.' ..................... ,_.. . . .' ". .' .' -.'.-" . ".... ...., .... - '-".. '" ". ....... ',,',',' .............. .. . ".... ...-" ,'..'..... .. ..... . .... .... .......-... ....... .--". .... " " ...." .... . ,,' ',' ......... ..........--...".. ........, ........... ....................-..... -....... '.". .....".............. ....-...... .'.-- .... ,..... ...... . - .. ... .. .... ...... ....-. ...... ....... .....-.. ....... ........ ............ .... . ... ... . ... The development proposal involves an addition to an existing shopping center, landscape and parking lot modifications. Concerns were raised with the review of the project regarding sufficiency of on-site parking spaces and traffic concurrency, The submitted parking study indicates that an adequate number of parking spaces exist on site to accommodate the peak parking demand, and the project meets the County's Traffic Performance Standard criteria, Staff is not in support of the proposed parking lot modifications in the northeast corner of the site as the established tree line along Laver's Avenue will be eliminated. No concerns are noted with respect to the proposed modifications to the landscaping or architectural elevations. I .... ......................................................................................................... ............) ..,.....,.....--."."'-.,.-.....-.. ......,-...,.,"--......-.---.".,........,............................--.......-.-.......................-..............................---....... .................----.."....................".-----"........... ..........."...-....,............... ............"--""..,,. "-"..,,......, -., ......._,... . .. ." -. .. -...... --.. .. ---.. ....... .... ----... ..-..-.. --.." ..-..-- ..............---..".."-..,,... .....""....""--....""-,,.,,.. ... ......" ...... '. . . ......--...". -......-..........."...--"..........,,"..--..."" ......."..."-,,........--....,,- ......--...".."-"...."-"". .. .. .' . .' ,.. ...... '. .. .......-"... ........---"...---"...."".."...."."..---..".... .."........"....."...",,--...... .......-.....".".".".."".. . .." . ". , . ... .... . ...... """. .. -. ,......--..... ..............""--"....-.......""".,,----,,.... ...........""...--...."..."...... .......--..."......".."".... . ...... --..' .'''..' -. ....... . , ....... - ,. - ........_,-" ...."......"..._,--."................""-----",,. ......................................................................................... ............................ .........................1\. ..L,. ···m··· ···E..·e.·N· <J(.. ··m· ..,1M, . ··E..····fA· ·,6······"[··· ··I··()··· ··NS· ................................ ................................................. ........................................................................................ .. ..... ..... .... ......... ." . ... .. ...., . .... . . ..... ... . . . . ..... ..... ,.... .... ......... , . ............--.,.....-......,.., .."...--.."'...-..,.,......., ... ....'. .. . ... . -..-""'- . ..... . ,...... .-. "._-'.. .,...........-............... .....-.--.-.......-........ ..., .' . ,....... ,.... ..... ,,'- ,.,-.., '-'-,-.--' ."..................... ......"--,,,.......,,.... "-. ". ".-' ..... '.- -. ,....." -.. ...." ..... " .......,.........,.... .. .... -... . --.......-...........'..'....... ..-,.........'...... .-..... ............-....... '.- -"', .-.-.......,. ......,........ ,.- ,.. . ,.... ... ..... ,.... .....-. ... .-. .. - . . .. .'..... ........... .... ... ... A. Continue with direction and concurrence. B. Approve the site plan, lándscape plan and architectural elevations for Boston Market based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(G)(5) (Findings) 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. t.....·................U........·.....··.·. ··«·····?.........................$m~FeBêQøIVlMêN.pÂ,.,øN................. ............., By Separate Motions: . SPRAB Staff Report Site and Development Plans for Boston Market Restaurant Page 9 Site Plan: Approve the site plan for Boston Market based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(G)(5) (Findings) of the Land Development Regulations and policies of the Comprehensive Plan subject to the following conditions: o Address all Site Plan Technical Items and submit three (3) copies of the revised plans. Landscape Plan: Approve the landscape plan for Boston Market 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 Boston Market based on positive findings with respect to LOR Section 4.6,18, Attachments: r 0 Site Plan 0 Landscape Plan 0 Elevations . ·~ ,..···----··kECEIVED I "I Cf /Q5. , ! CITY CLERK ~~(c!EnWIEJD) -.. ~- ~-- .NO\' 9 "95 November 9, 1995 PLANNING & ZONING City of Delray Beach .... City Commissioners Site Plan Review Board Re: Appeal of an Action Dear Sirs: On November 1, 1995 the Site Plan Review Board approved a site plan for Mr. Dan Navilio of the Linton International Plaza which would aIIow a Boston Market restaurant to be built adjacent to the existing building which houses Carney Bank. I am the owner of the Abbey Road Grill at the Plaza and am opposed to this project for reasons that should concern the City of Delray Beach. . I attended the first hearing on this matter when the Review Board voted against the site plan. n is,my understanding that the plan was changed to include a Deceleration Lane on Linton Boulevard, and was then approved. I have commissioned my own traffic ,study and feel it will demonstrate that the same issues that led to the dedi-ne of the plan stiII will exist, those being: Ingress Egress and safety issues. Stacking pro'~lems Traffic flow problems Parking Congestion problems. As the anchor tenant of the shopping center, I feel my business is going to be severely damaged by the loss of parking and traffic flow and while I know that is not in the purview of your board the safety and practicality issues should be. Aside from the written Lease the Abbey Road has with Mr. NaviIio, he made certain verbal promises regarding parking, traffic flow and competitive tenants, all of which have been violated. o 10800 N. Military Trail, Palm Beach Gardens, Florida 33410 · 407~775~7556 o 710 Linton Boulevard, Delray Beach, Florida 33441 · 407~278~6622 o 5970 S.W. 18th Street, Boca Raton, Florida 33433 · 407~347~0788 . I - I would not have become the an or tenant, if I had known that Mr. Navilio would first put a checkers drive through and then a Boston Market which makes an already difficult traffic flow and parking situation an untenable one. 1:'h~ existing traffic flow in and out of the plaza is terrible (both entering and leaving by 'darting' out across Linton to go West) along with Line of Site Dead areas, flooding etc. Tom Graham, the Abbey Road Manager distributed photographs of typical parking in the lot which show that additional traffic will create an unsafe mess. I understand that the Plaza is up for sale, and that Mr. Navillio has already begun work on the site (without permit). When he has sold the property, my restaurant will be left with an unsafe and u~usable parking and traffic flow situation. Please do not allow this to happen. Sincerj!ly, ~ ~lhaS President/Owner , o 10800 N, Military Trail, Palm Beach Gardens, Florida 33410 · 407-775-7556 o 710 Linton Boulevard, Oelray Beach, Florida 33441 · 407-278-6622 o 5970 S.W. 18th Street, Boca Raton, Florida 33433 · 407-347-0788 - -~ . . \ ~ CARNEY BANK 1101 North Congress Avenue 900 West Linton Blvd. 8120 West Oakland Park Blvd. Boynton Beach, FL 33426 Delray Beach, FI 33444 Sunrise, FL 33351 407/736-8300 407/243-6000 305/748-2265 r~ECEIV'l~{5'~'-'-w_," "OV 7~ æs NOVEMBER 7,1995 CITY CLER~·. APPEAL OF AN ACl'ION .-...........,.- ~ of an action taken by the Site Plan Review Board at their regularly scheduled meeting on November 1, 1995 at 6:30 P'.M., Delray Beach City Hall. I consider Carney Bank as an aggrieved party for the following reasons: 1. 1986 a 10 year lease was entered into with Harvey Taylor Dev- eloµœnt Co. '!he Linton Project \<'o'ent in default and Nations Bank becæœ owner. The present owner Mr. Dan Navilio bought center at deep discount fran Bank in 19 91. Since price was favorable he was able to lease out entire plaza and make it profitable. Without notice to tenants he managed to add a "CHEŒERS" drive thru on the west side of the existing Carney Bank Building and created an intolerable traffic flow problem thru-out the center. Presently he has applied for permit to build a 5200 square foot Boston Farnil y Chicken Restaurant plus a Offerdal Bagel Shop to J, be adjacent to Carney Bank Building on the east side. ,# 2. '!he plan has has been heard before the Site Plan Board on b«J ... occasions. First request denied because of inadèquate parking info and poor traffi,p: flow plan. 3. My grievance then and still today is the present condition of ingress and egress in the middle of the center causing in my judgrænt, ,a very dangerous condition, a deceleration lane for traffic caning West to East has been offered and apparently the "Board" is satisfied that this is an acceptable neasure to grant his project by a 4 to 3 margin vote on Nov. 1, 1995. 4. The inpact on the already dangerous condition will only be of a greater proportion if this high traffio type of business is added to this center, -tItaffic on Linton was studied and approved but no study was sutmitted to analyze traffic flow and effect of a new 3 rœals a day operation of a very highly acceptable fast food franchise. 5. The owner withheld vi tal infonnation fran tenants. He is not financial I y dependent upon this new addition to the center. His greed is the IOOtivating force exhibited by the fact he is actively offering the center for sale at 6.9 including the new business in Mailing Address: Post Office Box 3219, Boynton Beach, Florida 33424-3219 . . . ~ CARNEY BANK 1101 North Congress Avenue 900 West Linton Blvd, 8120 West Oakland Park Blvd. Boynton Beach, FL 33426 Delray Beach, FI 33444 Sunrise, FL 33351 4071736-8300 4071243·6000 3051748-2265 -2- in his reported and advertised rent-roll. 'Ibis is deception. He will sell and be gone fran here and you and I will be stuck with an irrevisible traffic problem. I have been doing business in Delray for 38 years and have put back into the cœm.mity. I wonder if our conscience, logic and practical sense can allow this project to happen. Findings: If it were allowed it \\1Ould be detrinental to public health, safety and 1Nelfare. AI:-Peal : 'Ihe relief being sought is to deny a pennit to build a 5200 square foot restaurant on the Linton International Plaza site. Respectfully su1::Ini tted, J. ·1ú~W; , , -- ... William M Plum . Vice Chainnan of the Board (Carney Bank-Tenant for 9 years +) Mailing Address: Post Office Box 3219, Boynton Beach, Florida 33424-3219 . . ~ , . . £IT' DF DELRA¥ BEA[H " . DElRA Y BEACH r L 0 I I D A tKe.d CITY CLERK 100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444 . 407/243·7000 1]~r - .- 1993 November 13, 1995 Mr. William M. Plum Vice Chairman of the Board Carney Bank 900 W. Linton Boulevard Delray Beach, FL 33444 Re: Appeal of Site Plan Review and Appearance Board Decision re Boston Market Restaurant at Linton International Plaza Dear Mr. Plum: This will acknowledge receipt of your letter of appeal with respect to the Site Plan Review and Appearance Board's action of November 1, 1995, to approve a site plan modification for Linton International Plaza to allow a Boston Market restaurant, subject to certain conditions. Pursuant to Section 2.4.7 of the Land Development Regulations, the appeal was received in a timely manner by the City Clerk's office on November 7, 1995. Please be advised that the matter will be scheduled for consideration by the City Commission at the regular meeting to be held on Tuesday, November 21, 1995. The meeting will begin at 6:00 p.m. and will be held in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. You may wish to check with my office prior to the November 21st meeting to determine the item's standing on the agenda. Should you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, Obm fJJ2cÆ ~ Alison MaCGreg~arty City Clerk . AMH/m cc: Diane Dominguez, Planning Director @ Printed on R8Cycled Paper THE EFFORT ALWAYS MATTERS . , .' . \ ~ CARNEY BANK 1101 North Congress Avenue 900 West Linton Blvd. 8120 West Oakland Park Blvd. Boynton Beach, FL 33426 Delray Beach, FI 33444 Sunrise, FL 33351 407/736-8300 407/243-6000 305/748-2265 r~~crlv'::~;'-<-~---- I C ¡: l:L JOY 7~ !J95 NOVEMBER 7,1995 CITY CLERV APPEAL OF AN ACTICfi ~.''''''.._,,-~ Aweal of an action taken by the Site Plan Review Board at their regularly scheduled neeting on NovE'!J'i)er 1, 1995 at 6:30 P'.M., Delray Beach City Hall. I consider Carney Bank as an aggrieved party for the following reasons : 1. 1986 a 10 yearlèase was entered into with Harvey Taylor Dev- elopœnt Co. '!he Linton Project ~t in default and Nations Bank becaIœ CMI1er. The present owner Mr. Dan Navilio bought center at deep discount fran Bank in 1991. Since price was favorable he was able to lease out entire plaza and make it profitable. Without notice to tenants he managed to add a "aIEX::IŒR3" drive thru on the west side of the existing Carney Bank Building and created an intolerable traffic flow problem thru-out the center. Present! y he has applied for permit to build a 5200 square foot Boston Family Chicken Restaurant plus a Offerdal Bagel Shop to be adjacent to Carney Bank Building on the east side. 2. '!be plan has has been heard before the Site Plan Board on ~ occasions . First request denied because of inadequate parking info and p:x>r trafficr ~ flow plan. 3. My grievance then and still today is the present condition of ingress and egress in the middle of the center causing in my judgrœnt, a very dangerous CXX1dition, a deceleration lane for traffic caning West to East has been offered and apparent! y the "Board" is satisfied that this is an acceptable neasure to grant his project by a 4 to 3 margin vote on Nov. 1, 1995. 4. '!be inpact on the already dangerous condition will only be of a greater proportion if this high traffio type of business is added to this center,'1I'caffic on Linton was studied and approved but no study was sul::mitted to analyze traffic flow and effect of a new 3 neals a day operation of a very highly acceptable fast food franchise. 5. '!he owner withheld vital information fran tenants. He is not financially dependent upon this new addition to the center. His greed is the IIDtivating force exhibited by the fact he is actively offering the center for sale at 6.9 including the new business in Mailing Address: Post Office Box 3219, Boynton Beach, Florida 33424-3219 . .. . . . . ~ CARNEY BANK 1101 North Congress Avenue 900 West Linton Blvd. 8120 West Oakland Park Blvd. Boynton Beach, FL 33426 Delray Beach, FI 33444 Sunrise, FL 33351 407/736-8300 407/243-6000 305/748-2265 -2- in his reported and advertised rent-roll. '!his is deception. He will sell and be gone fran here and you and I will be stuck with an irrevisible traffic problem. I have been doing business in Delray for 38 years and have put back into the camunity. I wonder if our conscience, lCXJic and practical sense can allow this project to happen. Findings: If it were allowed it ~uld be detrinB1tal to public health, safety and 'A1elfare. ~: 'Itle relief being sought is to deny a permit to build a 5200 square foot restaurant on the Linton International Plaza site. Respectfully sulInitted, ·tJ~~ William M Plum Vice 01ainnan of the Board (Carney Bank-Tenant for 9 years +) Mailing Address: Post Office Box 3219, Boynton Beach, Florida 33424-3219 , - - £IT' DF DELRAY IEA[H DELRAY BEACH J l 0 . I D A t&ftd CITY CLERK 100 NW. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·407/243·7000 ~iir 1993 November 13, 1995 Mr. Anthony L. Graham President/Owner The Abbey Road Grill 710 Linton Boulevard Delray Beach, FL 33444 Re: ~ppeal of Site Plan Review and ~ppearance Board Decision re Boston Market Restaurant at Linton International Plaza Dear Mr. Graham: This will acknowledge receipt of your letter of appeal with respect to the Site Plan Review and Appearance Board's action of November 1, 1995, to approve a site plan modification for Linton International Plaza to allow a Boston Market restaurant, subject to certain conditions. Pursuant to Section 2.4.7 of the Land Development Regulations, the appeal was received in a timely manner by the City Clerk's office on November 9, 1995. Please be advised that the matter will be scheduled for consideration by the City Commission at the regular meeting to be held on Tuesday, November 21, 1995. The meeting will begin at 6:00 p.m. and will be held in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. You may wish to check with my office prior to the November 21st meeting to determine the item's standing on the agenda. Should you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, Ûkan V!læ ~ II~ Alison MacGregor Harty City Clerk AMH/m cc: Diane Dominguez, Planning Director @ PrinrlJd on RecycllJd Pllper THE EFFORT ALWAYS MATTERS . ... . : ! ¡ ~Æ(C!EITW!EJD) ...., NCW 9 \;~5 November 9, 1995 PLANNING & ZONING City of Delray Beach .' . City Commissioners Site Plan Review Board Re: Appeal of an Action Dear Sirs: On November 1, 1995 the Site Plan Review Board approved a site plan for Mr, Dan Navilio of the Linton International Plaza which would allow a Boston Market restaurant to be built adjacent to the existing building which houses Carney Bank. I am the owner of the Abbey Road Grill at the Plaza and am opposed to this project for reasons that should concern the City of Delray Beach. I attended the first hearing on this matter when the Review Board voted against the site plan. It is my understanding that the plan was changed to include a Deceleration Lane on Linton Boulevard, and was then approved. I have commissioned my own traffic study and feel it will demonstrate that the same issues that led to the decline of the plan still will exist, those being: Ingress Egress and safety issues. Stacking problems Traffic flow problems Parking Congestion problems, As the anchor tenant of the shopping center, I feel my business is going to be severely damaged by the loss of parking and traffic flow and while I know that is not in the purview of your board the safety and practicality issues should be. Aside from the written Lease the Abbey Road has with Mr. Navilio, he made certain verbal promises regarding parking, traffic flow and competitive tenants, all of which have been violated. o 10800 N. Military Trail, Palm Beach Gardens, Florida 33410 · 407~ 775~ 7556 o 710 Linton Boulevard, Delray Beach, Florida 33441 · 407~278~6622 o 5970 S.W. 18th Street, Boca Raton, Florida 33433 · 407~347~0788 . . . -.. -.-.----.- I would not have become the anc or tenant, if I had known that Mr. Navilio would first put a checkers drive through and then a Boston Market which makes an already difficult traffic flow and parking situation an untenable one, The existing traffic flow in and out of the plaza is terrible (both entering and leaving by 'darting' out across Linton to go West) along with Line of Site Dead areas, flooding etc, Tom Graham, the Abbey Road Manager distributed photographs of typical parking in the lot which show that additional traffic will create an unsafe mess. I understand that the Plaza is up for sale, and that Mr. Navillio has already begun work on the site (without permit). When he has sold the property, my restaurant will be left with an unsafe and unusable parking and traffic flow situation. Please do not allow this to happen. ~)~ Anthony L. GrahaS President/Owner o 10800 N. Military Trail, Palm Beach Gardens, Florida 33410 · 407-775-7556 D 710 Linton Boulevard, Delray Beach, Florida 33441 · 407-278-6622 o 5970 S,W. 18th Street, Boca Raton, Florida 33433 · 407-347-0788 · MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DElRA Y BEACH DElRA Y BEACH. FLORIDA REGULAR MEETING MEETING DATE: November 1, 1995 LOCATION: CITY COMMISSION CHAMBERS I. CALL TO ORDER: The meeting was called to order by the Chairman at 6:32 P.M. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: Chairman Sheremeta, Mark Little (arrived 6:40), Daniel Carter, Rick Mouw, Patty Andrews, Charles Toth, Conrad Sittler STAFF PRESENT: Janet Meeks, Loretta Heussi II. APPROVAL OF MINUTES: The Minutes for the Regular Meeting of October 18, 1995 were before the Board for consideration. Ms. Andrews made a motion to approve the Minutes presented. The motion was seconded by Mr. Mouw and passed by a vote of 6-0. At this point on the agenda, Mr. Little a"ived. III. MISCEllANEOUS: A. Atlantic Avenue Eye Care: 204 East Atlantic Avenue: Change in Elevations for an Existing Commercial Building: Dr. Carl Carter. Authorized Agent. The item before the Board is approval of a change in architectural elevations for Atlantic Avenue Eye Care. Ms. Meeks presented the item to the Board through a review of the staff report, Ms. Meeks stated that Atlantic Avenue Eye Care wishes to change its existing architectural elevations to be more compatible with the proposed elevations of Block 85. The proposed changes are to the north elevation . It was moved by Mr. Carter, seconded by Mr. Little and passed 7-0 to approve the change in architectural elevations for Denny's, based upon positive findings with respect to Section 4.6.18, The applicant for Item IV.B had not arrived so the Board went to Item V.A. V. DISCUSSION ITEMS: A. Video Ave.: 3003 South Federal Highway: Architectural Elevations for a Proposed Video Store: AI Hashemi. Authorized Agent. Ms. Meeks presented the item to the Board. Video Ave. an outparcel will be located in the South Delray Shopping Plaza, south of Pier 1. Mr. AI Hashemi of Jazayri Construction, Inc. discussed the elevations with the Board. Mr. Hashemi presented photographs of completed video stores, explained the changes, and addressed the Board's concerns from the meeting of October 18, 1995: · Out of character for South Federal Highway; · Style more appropriate on North Federal Highway; · Style of the sign with the use of stars; · North elevations to be addressed which is the rear of this building; The Board made the following comments: · Color of building; · Not appropriate design as a entry to the City; · Sign and the graphics need to be improved; · Should be a four sided building given its location internal to the shopping center; · Need to show east elevations, · Is there a blanket approval for the color of the signs in the plaza? The applicant for Item IV.A. had arrived. Mr. Sheremeta stated this item will be conducted as a Quasi-Judicial Hearing. - 3 - 11/1/95 Thomas Graham. Director of Operations for Abbey Road, had spook in opposition at the meeting of September 6, 1995. Mr. Graham presented photographs of the parking lot which depicted the lot being completely filled at 6:00 p.m. With the addition of Boston's Market the parking availability and flow of traffic will be a nightmare. He also, felt ingress and egress was a problem. The parking lot also floods. This portion of the hearing was closed. The Board asked questions and discussed items regarding the site plan, landscape plan, and elevations. It was moved by Mr. Mouw, seconded by Ms. Andrews to approve the site plan for Boston Market based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(G)(5) (Findings) of the Land Development Regulations and policies of the Comprehensive Plan subject to the following conditions: · Address all Site Plan Technical Items and submit three (3) copies of the revised plans. · Provide revised engineering plans and off-site improvement plans for the right turn lane and right-of-way dedication for the right turn lane. · That the loading bay be stripped and signed "No Parking". · That the access points to the one-way drive aisle west of Abbey Road Restaurant be reduced to 15' and angled parking provided. After further discussion, Chairman Sheremeta asked for roll call. Upon roll call the SPRAB Board voted as follows: Mr. Toth - Yes; Mr. Sittler - Yes; Mr. Carter - No; Mr. Little - No; Mr. Sheremeta - Yes; Ms. Andrews - No; Mr. Mouw - Yes. Said motion passed with a 4-3 vote. It was moved by Mr. Carter, Mr. Little seconded by to approve the landscape plan for Boston Market based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: · That additional mid-level landscape material be provided along the east elevation of Boston Market. · Conflicts between landscaping and site plan be addressed. - 5 - 11/1/95 · The undersigned is the Secretary of the Site Plan Review and Appearance Board and the information provided herein is the Minutes of the meeting of said body for November 1 , 1995 which were formally adopted and approved by the Board on Loretta Heussi If the Minutes that you have received are not completed as indicated above, then this means that these are not the official Minutes. They will become so after review and approval, which may involve some changes. - 7 - 11/1/95 ~ {TV £y-H{(,tr a INC£.. UD~S n-I2 P~/trJs/'tOCUIYlEtVTs/ Ft £"[:5 "Fo í C- () WI ({G I FILE NUMBER: 94-162-SPM-SPR I PETITION NAME: BOSTON'S CHICKEN AT LINTON INTERNATIONAL PLAZA A. City of Delray Beach Comprehensive Plan as Existed on 9-6-95, B. City of Delray Beach Land Development Regulations as Existed on 9-6-95, C. City of Delray Beach Zoning District map as Existed on 9-6-95, D, City of Delray Beach Future Land use Map as Existed on 9-6-95, Are Entered Into the Record. DATE ITEM ENTERED NUMBER DESCRIPTION OF ITEM IN FILE 1. Site Plan Application. 8-03-94 2. Transmittal Letter from Kenneth R. Carlson - Architect, P .A. re: Request 8-03-94 to submit plans to City. 3. Letter from Janet Meeks to Dan Navilio re: Transmittal letter for Boston 8-25-94 Chicken at Linton International Plaza, 4. Letter from Peter H. Carney, Attorney to Janet Meeks re: Opposed to 9-08-94 the addition of Boston's Chicken. 5. Letter from Yves S. d'Anjou, P.E., Tinter Associates, Inc. to Dan Navilio 1-27 -95 re: Parking capacity at the Linton International Plaza. 6. Letter from Dan Navilio to Janet Meeks re: Submission of revised 6-13-95 site plans, landscaping plans, and new engineering plan. 7. Letter from Janet Meeks to Dan Navilio re: Linton International Plaza 6-27 -95 Boston Chicken - Traffic Study and Parking Study. 8. Revised Traffic Impact Analysis for Boston Market Restaurant, Prepared 7-18-95 by Kimley-Horn and Associates, Inc. 9. Letter from Janet Meeks to Dan Weisberg re: Traffic Study for Linton 8-10-95 International Plaza. Page 1 . I FILE NUMBER: 94-162-SPM-SPR I 10. Letter from James E. Neuhaus to Paul Dorling re: Linton International 8-11-95 Plaza - "Offerdahl's" Parking Impact. 11. Letter from Dan Weisberg to Janet Meeks re: Traffic Study Review 8-14-95 for Boston Market Restaurant. 12. Letter from Jasmin Allen to Dan Navilio re: Site Plan Application for 8-16-95 Boston Chicken at Linton International Plaza. 13. F ax of Conceptual Site Plan from Kenneth R. Carlson - Architect, P .A. 8-18-95 14. Project Transmittal Letter from Janet Meeks to Dan Navilio. 8-21-95 15. Objection Letter from Abbey Road. 9-06-95 16. Traffic update for transition lane. 10-17-95 17. Special Courtesy Notice. 10-25-95 18. Staff Report. 11-01-95 19. New Site Plan. 11-01-95 20. Pictures of parking submitted by Abbey Road. 11-01-95 21. Letter of Appeal from Carney Bank. 11-07-95 22. Letter of Appeal from Abbey Road. 11-08-95 23. Memo from City Clerk re: Notice of Appeal. 11-09-95 24. Letter from Alison MacGregor Harty to Anthony L. Graham re: 11-14-95 City Commission meeting date for Appeal of Site Plan Review and Appearance Board's Decision on Boston Market Restaurant at Linton International Plaza. 25. Letter from Alison MacGregor Harty to William M. Plum re: 11-14-95 City Commission meeting date for Appeal of Site Plan Review and Appearance Board's Decision on Boston Market Restaurant at Linton International Plaza. Page 2 · I FILE NUMBER: 94-162-SPM-SPR I 26. City Commission Documentation re: Appeal of a Site Plan Review 11-19-95 and Appearance Board's Approval of a Major Site Plan Modification for Boston Market and Bagel Shop Restaurants at Linton International Plaza, for meeting of November 21, 1995. s:\appeals\94-162sp Page 3 - TRANSPORTATION ASSOCIATES, INC. 5030 Champion Blvd. Suite #6·239 Boca Raton, Florida 33496 407·496·4224 November 18, 1995 lJ is-k,'~ to (!'rk.¡ Commfs& ¡Of) Mr. Tom Graham IJ~('96 Director of Operations Abbey Road Grill Delray 710 Linton Blvd. Delray Beach, FL 33441 Re: Request for Review Various Reports Linton International Plaza Boston Market Place/ "Offerdahl's" Dear Mr. Graham: As per your request, I have reviewed the following reports relative to the above petitions and their impact on the Abbey Road parking and traffic operations: 1-- Tinter and Associates Parking Report 1/27/95 2-- James E. Neuhaus Letter Parking Report 8/11/95 3-- Kimley-Horn & Associates Traffic impact Report 7/18/95 and cannot offer a firm conclusion due to the lack of information which is contained in the reports which would be needed to verify the final conclusions of each of the reports reviewed by the County and/or City Staff. I do have several questions relative to the reports but I could not make a determination based upon the information at hand. Of the three reports reviewed, the Tinter Report, was accomplished in basic accord with normal Traffic Engineering procedures with the exception that the study only included one day. The usually prescribed methodology requires three days of study to be used for the type of petition it was intended for. The fact that it concluded that a surplus of only 2 spaces would exist if Boston Chicken were to be approved indicates that parking availability in the vicinity of Abbey Road will be at a premium, although it does meet City Codes. The report did, however, use conservative numbers per the Transportation Engineers Parking Report. I would like to indicate that I did take the opportunity to count the available and occupied spaces at 7 PM, 8:30 and 9 PM on Saturday 11/11/95, between the Abbey Road and the Bank, and found the following parking usage: 11/11/95 7:00 PM Spaces = 104 Occupied = 98 8:30 PM " " " = 99 9:00 PM " " " = 100 · This indicates a very high demand for available parking spaces for a two hour period on a Saturday Evening. For this reason, I would rather have seen a three day study utilized to better establish parking needs and allow the City to better evaluate the parking needs. The above observations included available spaces between the Bank and Abbey Road, along both the southerly property line and Linton Blvd.. Although the results cannot be considered complete enough to be classified as "a study", it does indicate a high level of parking usage in the area under discussion. The James E Neuhuas Study attempted to addressed both the Boston Chicken and Offerdahl's petitions but actually only addressed the 6PM time period in determining that more than adequate parking existed without accomplishing any additional studies. I understand that a new parking configuration was designed for the area between the bank and Abbey Road which establishes additional spaces over and above those existing at present. A very brief review of the new design indicates that the vast majority of spaces adjacent to the Abbey Road will be converted to "Compact" spaces. My observations of the vehicles parking adjacent to Abbey Road are not classified as "compact vehicles". My review of this report is, that although it left some questions were raised in my mind, the City Codes have been adequately addressed. There is a conflict between this report and the classifications of the two uses approved in the Kimley Horn Report. The Kimley Horn Report has been reviewed and accepted by the County and although the report I reviewed did not have documentation of several items, I am sure the County Staff did verify this information before approving the Report for "Concurrency" which was the purpose of the Report. In the Report I reviewed, a discrepancy between Table 2 and Figure 2 was noted. The two links of Linton Blvd. immediately west of the sites under discussion were shown as NOT MEETING THE TEST 1 STANDARD, on Table 2 but MEETING IT ON Figure 2. The TEST 1 Alternate was then shown to meet the Concurrency Standards and was accepted by the County. Without all of the backup data at hand, including the 1991 and 1993 Kimley Horn Studies, I do not think that the overall results would be altered in terms of Concurrency. I can find no factual basis to object to the Report's Cioncurrency findings. -2- . . I did note that the Report's Peak Hour analysis only utilized "Concurrency Traffic". My understanding is that the first directly addressed link from the site should use "all of the site oriented traffic" to assess the critical operational points of ingress/egress oriented to the site since all traffic must be safely serviced by the directly accessed driveways. This Report removed the Pass-By Traffic from the equation which usually results in an underestimate of the true impact of a project on a site. This appears to be the case for these petitions which the City Staff had to review and evaluate. With all peak hour traffic included on site, a more precise analysis to ensure that operational designs include adequate lengths of turn lanes. sight distances. aisle widths and other safety measures could have been better evaluated. I have had a very cordial conversation with the City's Planning and Zoning Staff and, as I suspected, this matter can go for a final vote on 11/21/95 based upon the petitions being considered a "Minor Change" to the overall Plaza. City staff indicated that the City restricts the number of Compact Spaces to no more than 30% of the required spaces, but does not limit the number of compact spaces for spaces provided over the basic required spaces. In the final analysis, although I have some concerns relative to the efficiency of parking and traffic operations between the Bank and Abbey Road in the Plaza, without conducting a thorough investigation and accomplishing new studies, I could not definitively say that there are any serious errors contained in the Reports reviewed and analyzed which would change the recommendations of City Staff to the Elected Officials. It has been a pleasure to serve you relative to this matter, even though time constraints preclude my being able to make a more definitive Professional Traffic Engineering Judgment at this time. If you need additional assistance or have additional questions please feel free to contact me at your earliest convenience. Þ:t Memorandum To: DAVID T, HARDEN - CITY MANAGER From: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT Date: NOVEMBER 16,1995 Subject: REQUEST TO WAIVE INTEREST ON LIEN - 103-128 SW 13TH AVENUE ITEM BEFORE THE COMMISSION: Commission consideration is requested to waive the interest accrued for liens against the property located at 103-128 SW 13th Avenue. This property was formerly owned by J. Reeve Bright. BACKGROUND: B.S.R. Properites would like to acquire the subject property, which has a lien total of $13,498.02. Mr. Robert Melka ofB.S,R. has offered to pay $12,262.05, which represents out-of-pocket costs and eliminates the interest amounting to $1,235.97. For your information, attached is a listing of previously filed liens for this property. RECOMMENDATION: Commission consideration is requested to accept B.S.R.'s offer to pay $12,262.05 and waive the interest amount of$I,235,97. /dq Attachment Melka.CC ýJJ~ h~ ~.~ J./-O élìZ1. í? R'nc!olplJ f}8SJ7Hð@) q·13 ' . . . ROBERT E. MELKA , B. S. R. Properties, Inc. . ,. 450 N.E. 10th Street Boca Raton, FL 33432 (407) 362-8417 September 28, 1995. LouIa' Butler. FmanceDeparlment . City d'Delray Beach'" 100 N~W·.1stA'lenue" . Delray Beach,FL 334-44·' Re: 103 ,,," 128S.W.·131h:Avenue.:· Dear Loula, - . I am writing this letter torequesta· redUGtionJrrCity liens:relatedto the above, .- referenced· property~ IdiScussed.thehardccosls:wiIh.MiIena·Walinskj,and.agreed.,· to pay$12.262~05by 0c.t0ber30, 1995. Please advise as soon as possible sol canammgemy finances. . . .. Sincerely, ~..~~ I . . . NOV- 9-95 THU 17:21 SEACREST TITLE COMPANY FAX NO. 14072724728 P.01 ~ ~ r 0900 ~~ v (þ IN ~ ~~Jj§ ;¡... ~ ~ ¡II: .. D> III II> ~ ~ is-8 g Q JOo o ~.J...'~ ~ ;1 ~ ¡ ~ i ~ ; .: ~ 1;- : ~ ~ þ: ~\ ~:\ ~:t 1/1 Qo:lt ~~ N .., .. ~:(tIC1~ '''; ~ n!: i1,...... ..... tI) f,.') I'P (A C;; \J ~ :l"'R .. ~~.. R . . . '" 0 N œ....-om ~ =;;'~'I$o~~ ~ I» .. ~~ !íl~~~ :Þõß t;¡ , ø '"' [en.. ~ '9- Q ,j ........ ~ n Ztn.. 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I.'" ,""J...,¡.... ......n -- -.. -.-.- ~ , þ~- £IT' DF DELAR' BER[H CITY ATTORNEY'S OFFICE 2()( i<-'\ 1st ¡YC·;UE . DEFRAY BEACH, FLORIDA 33444 Fl\CSl1,jILF 4(!7;::7:~·f ¡55 Writer's Direct Line: (407) 243-7091 DElRA Y BEACH f lOR I 0 À. ......... AlI,America City MEMORANDUM , (II J! DATE: November 15, 1995 ýlJ~ Id Oppt~ 1993 TO: City Commission J.f tB / FROM: Susan A. Ruby, City Attorney (fJlJh¡(J) tic¡ t?tLL SUBJECT: Estate of Lucy Troianos v, City ~) This case arises from an unfortunate incident which occurred on March 8, 1992, On Sunday, March 8, 1992, Mrs. Troianos' daughter approached police officers in the parking lot of Sande's Restaurant requesting that the police officers ticket cars blocking her property. The daughter was accompanied by her mother. The police officers explained that they were unable to ticket the cars because previous tickets in that area " were thrown out by the judge. Mrs. Troianos' daughter persisted in her requests and became louder, drawing onlookers, The officer gave her three or four warnings to leave. The daughter did not leave and was arrested. Mrs. Troianos had a coronary attack at the scene during her daughter's arrest. Mrs, Troianos had a history of heart disease. The police officer who assisted Mrs, Troianos during the heart attack felt that Mrs. Troianos was breathing up to the time the paramedics arrived at the scene. Prior to the paramedics arrival, there were two nurses aides who assisted the police officers. One nurses aide indicated there was a weak pulse during the time they assisted at the scene, The other nurses aide's statement conflicts in that she said she was unable to find a pulse, at some point, Their statements indicate that they offered to perform CPR, but were dissuaded from doing so when they heard the paramedics sirens and a police officer said the paramedics were on their way, The police officers do not recall this statement being made, and in any event thought that Mrs, Troianos was breathing and thus CPR was contraindicated. When the paramedics arrived, Mrs, Troianos was not breathing, nor was any pulse detected. The paramedics were unable to revive Mrs. Troianos, As a result of the death of Mrs. Troianos, the Estate brought a wrongful death suit against the City alleging that the police officers failed to render appropriate aid. The Estate filed an offer of judgment in the amount of $375,000.00, The case was set for 9, C-. ® Prm/ed or; Recycled Paper . . City Commission November 15, 1995 Page 2 , court ordered mediation on November 13, 1995. The case was settled at mediation, subject to the approval of the City Commission, in the amount of $180,000,00, which includes all costs and fees, Our office recommends that the Commission accept the settlement offer. In light of the honest divergence in the testimony regarding the viability of Mrs. Troianos prior to the arrival of the paramedics, it is impossible to predict the outcome of a jury trial. It is our office's opinion that the City's best course of action is to accept the fixed amount in settlement of this case to avoid the uncertainty and expenses of trial. By copy of this memorandum to David Harden, City Manager, our office requests this matter be placed on the City Commission November 21, 1995 agenda. Please call if you have any questions, cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Lee Graham, Risk Manager troianos. sar . . . . M E M 0 R A N DUM TO: MAYOR AND CITY COMMISSIONERS FROM: WCITY MANAGER SUBJECT: AGENDA ITEM # q . D· - MEETING OF NOVEMBER 21 , 1995 APPOINTMENT TO THE EDUCATION BOARD DATE: NOVEMBER 15, 1995 Due to the automatic resignation of Agartha Gragg, there is a vacancy on the Education Board for an unexpired term ending July 31, 1997. To qualify for appointment, a person must either be a resident of the city or own property and/or own a business in the city, or have a child or children attending Delray Beach public schools. If possible, the membership should include individuals who have a background in business, real estate and/or education. Applications have been received from the following: David I. Cohen Charles W. IIBillll Naron Marilyn Schneider Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. There are none. Based upon the rotation schedule, the appointment will be made by Mayor Lynch (Seat #5). Recommend appointment of a member to the Education Board to fill an unexpired term ending July 31, 1997. ~. V2cvJcm 5-0 ref:agmemo2 . ~ . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME ~I'P'> ¿,J, t( ß; I (' NItR.òtJ 31~O Vi} e. ::ttO (jell ßQ/<ch ÇL 3~+ S HOME ADDRESS (Street, City, Zip Code) LEGAL RESIDENCE) 50S E:, ~TÎC.~ Oelr~ ß~ h ç:--C 33 ~B3 PRINCIPAL BUSINESS ADDRESS (Street, City, ip Code) HOME PHONE ~qS - Î lt53 BUSINESS PHONE 'J..ì~ (POS'S ON WHAT BOARDS ARE YOU INTERESTED IN SERVING t. d.~~o", ßoJtrd LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ~1~~~" EDUCATIONAL QU~IFICATIONS ~ lÆNf ,q80 LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD ~~JU - (K. e~'5"t"e('e J ~ (-ri, ltvt~.~ w~ ì~t"y' ) GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION &(ÆCf'Y- &"cf(e( . , I.f)S!A(~ce Á. ire .J- ~(r~ ÇA(~'( DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD ~ A 1:;;1 ~: ~ jÆA 1 ~ ~ 11:+ ~ ~ z;:d~M1' 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. M lu'I.M~ /0 -;1~ -9 S SIGNATURE DATE 4/90 . - Thank you for the opportunity to share some ideas regardlJJg what I hope to be a mutually beneficial relationship. In reøponse to your request for Bome background on me, the .føllowias i. submitted for your information. Badlelor'ø degree in bUliness received in 1980 tom the University of North Florida This was obtained after 4 years in the Navy. I then worked as a regional administrator for a large company. (3M) That experience helps me cOllBDUllicate and relate to the concerns of businesø people. In 1987 I began my insurance caner 88 a company repr8ØentatiV8 with (Golden Rule) and went into personal production in 1989 selling life, health and 8DDUÎty prodl1ctB. . I have obtaiDing the professional designation of Registered Health Underwriter (RHU) and am very adive in the local and state health ulociations. I continuously update my knowledge and skills and am presently workiDg on obtAining my securities license to be of further service to my clients. I hope the above sketch will flesh out the history that you seek. Please feel he to contact me regarding any ¡BlUes you wish to address. Sincerely, ß;1f BiU Naro~ RHU . . . . [IT' DF DELRA' IEA[H DELRA Y BEACH f LOR 0 ... tI.e.I:II 100 NW. 1st AVENUE, DELRAY BEACH, FLORIDA 33444, 407/243·7000 All-America City , till! MEMORANDUM 1993 TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM# CITY COMMISSION MEETING 11/21/95 TELEPHONE EQUIPMENT UPGRADE/COMMUNITY IMPROVEMENT DATE: November 16, 1995 ACTION City Commission is requested to approve procurement of 0/32 Meridian Norstar telephone system to service the Community Improvement Department at the cost of $26,141. 97. Funding to come from Account 334-6112-519-64.12, Renewal and Replacement Fund. BACKGROUND The telephone system currently being used by Community Improvement is eight and a half years old. This equipment is no longer in production and replacement parts are very difficult to procure. Currently, the main switchboard in Community Improvement has no ability to distinguish when someone is on the phone or away from her desk. The main switchboard only has two incoming telephone lines, limiting his/her capability of handling the phone calls. Many times, when a call is made to another individual in the department and they are away from their desk, or on the telephone, the call will then go un-answered as the switchboard lines are both in use. This system would allow us to use all of the staff assistants and administrative assistants to handle calls for their individual divisions, thereby, relieving the number of the calls that go unanswered, Additionally, the assistants in each division would have a better knowledge of where their staff is and if they are already on the @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS 9,£. . . telephone. Many times, the main switchboard is busy handling calls regarding permits or other matters, and these calls can be lengthy. Due to the size of this department, sometimes it is difficult to locate someone who is needed on the telephone, but away ITom his/her desk. This system will allow to do a general page to locate individuals, instead of the assistant getting up ITom his/her desk to go look for the party that is needed, as is the practice now. This will also help to increase the work load, as they will no longer need to leave their workstations as often. Quotes were received ITom Bell South Communications and Wiltel Communications. Bell South Communications $26,141.97 (includes 24 hour service, 7 days a week) Wiltel Communications $25,950.02 (8 to 5 service, Monday thru Friday) ( After hours service will be provided at an additional charge based on a minimum of (2) hours initially with subsequent increments of one half ( 1/2) hour) Difference of $191.95 RECOMMENDA TION Staff is recommending procurement of this system ITom Bell South Communications. Our decision is based on Bell South's service commitment to the other Norstar Systems in the City. They have provided the City with the highest quality of service in the past, and because of their commitment, we have experienced little or no down time. An example is when we have had systems completely down, and Bell South has been on site with replacement equipment within four hours. They have even been on site to get our systems operational at 11 :00 PM in the evening. We have had several systems struck by lighting, and the systems were back in service in as little as two hours after they were contacted. RAB:aga Attachment . . [IT' DF DELIA' BEA[H DELRAY BEACH f LOR I 0 ... tI.e.d 100 N,W. 1st AVENUE, DELRAY BEACH, FLORIDA 33444·407/243-7000 All-America City MEMORANDUM , III I! 1993 TO: Robert A. Barcinski, Asst. City Manager FROM: @ Amanda Allen, Communications/Systems Trainer SUBJECT: Proposed N orstar for Community Improvement DATE: November 16, 1995 Listed below you will find back-up justification for the replacement of telephones in the Community Improvement department. Problems with current system . The system is over 8 1/2 years old. This system is no longer in production, and requires a lot of maintenance. With a department of this size, the receptionist has no capability of identifying when staff in this department are on the phone. This has been a tremendous problem. When callers call in to a direct line and that line is in use, it then forwards to the receptionist. If the receptionist is not aware that the employee is already on the telephone, she forwards the call back to the employee, resulting in the caller now being transferred twice and receiving a busy signal. With the capability of identifying when lines are in use, it would allow the caller to leave a message with the receptionist and not be transferred from line to line unnecessarily. This has been a complaint of many citizens that are calling in to the City. . Another major problem is that this department has no ability to handle multiple calls at one station. As it is well known, many of the employees in this department are field people and are not in the office many hours of the day, If the assistants have the ability to answer to multiple lines at one time, this will cut down on the number of calls that go unanswered because the assistant can only take one call at a time. Another problem, is that this system has no paging/intercom ability. Many times a call will come in for and employee that is away from his/her desk but in the office, therefore the assistant will leave her desk to advise them of the call. This results in a lost of productivity. @ Printed on Recycled PapfJ' THE EFFORT ALWAYS MATTERS . . Back-uo for eQuioment proposed I have proposed multiple line telephones for the receptionist, assistants, director, deputy building official, and other management personnel. The receptionist will have the ability to see the status of all telephone lines for the department of Community Improvement. She will also have the ability to handle more than two calls at any given time which is her limit at this time. When both lines at the reception desk are busy, calls do not forward and continue to go un-answered until such time that the lines become available for receiving calls. The assistants will also have the ability to handle more than one call at a time, which will relieve some of the demand on the receptionist. The sets proposed for the assistants will have the ability to handle at least four lines each. The assignment of lines will be determined at the time of installation. I am proposing single line sets for the rest of staff A question that has come up, is why do we not use existing single line sets instead of purchasing new ones. The first and foremost reason, is that these sets would not be compatible with the new system. Example: These sets would not appear on the Busy Lamp Field indicator with purchasing and additional adapter for each set to make them compatible with the system. This adapter is more expensive then purchasing the new sets. They would also not have intercom, paging and forwarding capability. This system will also allow our field people to forward their individual stations to the assistant of the receptionist when they are out of the building. When a call comes into the receptionist at this point it will let her know that call is forwarded from another station. I feel that by updating the telecommunications in this department, we will enhance the productivity tremendously. . · I , Agenda Item No.: AGENDA REQUEST Date: 11/16/95 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: 11/2]/95 Description of agenda item (who, what, where, how much): CITY COMMISSION IS REOUESTED TO APPROVE PROCUREMENT OF 0/32 MERIDIAN NORSTAR TELEPHONE SYSTEM TO SERVICE THE COMMUNITY IMPROVEMENT DEPARTMENT AT THE COST OF $26,141.97. FnNlHNG TO COME FROM ACCOUNT 334-6112-519-64.12, RENEWAL AND REPLACMENT FUND. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO - Recommendation: Department Head Signature: /1;r, 4_4& ~ //17 9S- Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite.s involving expenditure of funds): Funding available: ~ NO Funding alternative . · . (t[ ~p~~ . Ac c ou n t No. & De s 2¡: ~ tion, 'Sól-~:.l-~I "I. btt::1:2. _ ~ - ÞUp. Account Balance: IlCO , City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . ,. CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - NOVEMBER 21. 1995 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: 9.F. CONTRACT ADDITION (C.O. #l)/MOLLOY BROTHERS, INC. : Consider a Contract Addition in the amount of $22,800 to Molloy Brothers, ~ Inc. for the emergency removal and replacement of a deterior- ated 10" sanitary sewer main on S.W. 2nd Street between Swinton Avenue and S.W. 1st Avenue. This emergency repair is by Contract Addition (C.O. #1) to our existing contract with Molloy Brothers for the Atlantic Avenue/Miramar Drive Storm- water Pump Station. Funding is available from Renewal and Replacement - Sewer Mains (Account No. 442-5178-536-63.51) . 9.G. BLOCK 76 (PIERCE TIRE) PARKING LOT PHASE II FUNDING: Consider a request from the Parking Management Team and the Community Redevelopment Agency to use in-lieu fees for the Block 76 Parking Lot Phase II funding. . . Agenda Item No.: AGENDA lŒQUEST Date: November 21, 1995 Request to be p1.aced on: X Regular Agenda - - Special Agenda Workshop Agenda When: November 21, 1995 Description of item (who, what, where, how much): Staff requests City Commission to approve add Change Order #1 to Molloy Brothers, Inc. for the Atlantic Ave / Miramar Drive Storrnwater Pump Station - (95-30). Change Order #1 is for removal and replacement of an existing deteriorated 10" sanitary sewer main on S.W 2nd St between S. W. 1st Ave and Swinton Ave. The price from Molloy includes all labor equipment and material to replace the piping, dewatering, by-pass pumping, traffic maintenance and surface restoration to a like or better condition. The amount of Change Order #1 is $22,800.00. Funding Source is R&R Sewer Mains 442-5178-536-63.51. ORDINAHCE/lŒSOLUTION lŒQUIRED: YES/~RAFT ATTACHED YES/!!9--- ....c.-end&tion, Staff Recomme~cf ~rder #1 Departement Bead Signature: , Deter.mination of Consistency with Comprehensive P1.an: City Attorney Review/Recommendation (if app1.icab1.e) : Budget Director Review (re~ired on a1.1. items invo1.ving expenditure of funds) : Funding available: ~/NO Funding alternatives 111,.4- (if applicable) Account No. & Description /AI+-> ~Nf'vwfZ.. +-1Gr?P 5"-F~ MAINS') Account Balance f ~ 1.{7¡ 0/;;', Ci ty Manager Review: @. Approved. for agenda: . ES NO-, _ ') rJ . #0 " Hold Untll: ~~ r ~01 rL- ¡XI Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9530.doc . nA , (.l ()l<.-1 Memorandum To: David T. Harden, City Manager From: Richard Hasko, P.E., Dep Dir Public Utilities~I_) , I Date: November 21, 1995 Re: Atlantic Ave / Miramar Drive Stormwater Pump Station - Project95-30 Emergency Sanitary Sewer Repair ----------------------------------------------------------------- Staff requests City Commission to consider approval of a Contract Addition (C.O. #1) for $22,800.00 to Molloy Brothers, Inc. on the above referenced Project The request is made on an emergency basis in order to remove and replace approximately 188 If of deteriorated 10" gravity sanitary sewer main on S. W. 2nd st between Swinton Ave and S.W. 1st Ave.. Water/Sewer network responded to various sinkholes developing above the pipe location. The pipe is in such a deteriorated state that the pipe cleaning and TV equipment was getting stuck in the pipe. Based on this condition, lining the interior of the pipe at a later dated was no longer considered as a viable repair option. Based on this we are proposing that the pipe be replaced on an emergency basis per this request. The attached proposal from Molloy Brothers includes a breakdown of the various work items. The items include all labor, equipment and materials to replace the piping, dewatering, by- pass pumping, traffic maintenance and surface restoration to a like or better condition. Funding is available from Acct No. 442-5178-536-63.51 (R & R - Sewer Mains) . CC : Howard Wight, Dep Dir Construction Division Mike Offie, Superintendent W/S Network Memos to City Manager File: mem09530.doc C¡F . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, PROJECT NO. 95-30 DATE: PROJECT TITLE: Atlantic Avenue / Miramar Drive Stormwater Pump Station TO CONTRACTOR: Molloy Brothers, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Remove and Replace 188 If of existing deteriorated 10" VCP on S.W. 2nd St from Swinton Ave. and S. W 1st Ave. Work to be done in accordance with the schedule of items below. All other incidental work required to complete the work is included in the items below. Mobilize and Traffic Maintenance 1 LS x $1,600.00 = $ 1,600.00 Remove/Replace Existing 10" VCP 188 LS x $ 75.00 = $12,800.00 Service Lateral Replacement lEA x $ 500.00 = $ 500.00 Tie-in to Existing Manhole 2EA x $ 750.00 = $ 1,500.00 Roadway Restoration 250 SY x $ 23.00 = $ 5,750.00 Swale Grading / Sprinkler Repair 1 LS x $ 850.00 = $ 850.00 Total $22,800.00 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $727,955.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $727,955.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 22,800.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $750,755.00 PER CENT INCREASE THIS CHANGE ORDER 3.1 % TOTAL PER CENT INCREASE TO DATE 3.1 % CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. Molloy Brothers, Inc. Funding Source: 442-5178-536-63.51 (R & R - Sewer Mains) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: William H. Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk . 04/09/1995 03:29 3057929381000000 MOLLOVYDER PAGE 01 ."1 MOLLOY MOS., INC. ENGINEERING CONTRACTORS 800 NW 21th AVI. / Ft. Utud.r~I.. FL 33311 I ! , i City Of b.nv a.ICtl Nov.21.181S EIWI+.I servlc. Dept. 4348. nton /ltJe- D.hy lOti Fa. 3~ M: Die .....Im D.... Per ~qut" we wÞmn tht foloNng to rep.ce .Innery ._r on S.W. 2nd Stre" bttWUn S.W. 1 . and SWInton 1IfIt. i MobIIl~ & Trifle 1 EI. · S 1,100.00 $ 1,100.00 "~ ....... 10· \ICP Wlh 10 PVC 8.. 10 cut 118 L.F. · S 16.00 $12,100.00 SeMoe lit..... 1 el. · t 500.00 t 100.00 TIe In t~ MIIn HoII 2 E., · t 710.00 $ 1,100,00 R_~ Ro-.y 250 S,Y. · S 23.00 S S,71O.00 Rat., ..... .. Sprtnldtrs 1 L.S. · $ lSO.OO $ ISO.OO I I '22,100.00 , i I I YOU"~nI~ : TItoma ! W. MDIoy P,..ld. i I , I I · ", CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - NOVEMBER 21, 1995 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M, COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: 9,F. CONTRACT ADDITION (C.O. #l}/MOLLOY BROTHERS, INC. : Consider a Contract Addition in the amount of $22,800 to Molloy Brothers, Inc. for the emergency removal and replacement of a deterior- ated 1011 sanitary sewer main on S.W, 2nd Street between Swinton Avenue and S.W. 1st Avenue. This emergency repair is by Contract Addition (C.O. #1) to our existing contract with Molloy Brothers for the Atlantic Avenue/Miramar Drive Storm- water Pump Station. Funding is available from Renewal and Replacement - Sewer Mains (Account No. 442-5178-536-63. 51) . 9.G. BLOCK 76 (PIERCE TIRE) PARKING LOT PHASE II FUNDING: Consider a request from the Parking Management Team and the Community Redevelopment Agency to use in-lieu fees for the Block 76 Parking Lot Phase II funding. ~(ù))~ k¡ lJI.¿ Cd¡ ~) wd/J ~ /Î(}~ ,~ id ~~ b¡ ÝÚ t2e4 5-0 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERf!Jt\ SUBJECT: AGENDA ITEM # Cft; - MEETING OF NOVEMBER 21, 1995 BLOCK 76 (PIERCE TIRE) PARKING LOT PHASE II FUNDING DATE: NOVEMBER 17, 1995 Attached is a map showing the parking lot to be constructed by the CRA in Block 76. This lot will serve both Old School Square and the redeveloped Ocean City Lumber block. The CRA has funding available for Phase I of this parking. Phase I I is currently planned for fiscal 1998. The Parking Management Team has requested that this 24 space lot for Phase II be built now using parking in-lieu fees to the extent available, with the City advancing the balance needed. (See item 4 in the attached minutes.) The CRA has concurred in this request. The CRA has now obtained bids for this parking lot. Based on the bids the cost of adding the 24 space Phase II lot at this time is estimated at $38,055. Since the CRA now plans to proceed with demolishing the buildings on the 18 space Phase II lot and the costs are somewhat less than originally estimated, the CRA asks that the Commission consider funding all of Phase II, or at least both the 24 and 18 space lots. The attached memo from the Finance Director outlines available funding. Altogether we have about $90,000 available in in-lieu parking fees and Decade of Excellence Phase I interest earnings. This amount would fund two of the Phase II lots. I recommend that the Commission agree to appropriate $75,000 for immediate construction of the 24 and 18 space parking lots shown as part of Phase II of the Block 76 parking lot in the following manner. Parking in-lieu fees will be used to the extent available. The balance will be funded from Decade of Excellence interest earnings. The amount funded from Decade of Excellence interest earnings will be repaid from parking in-lieu fees collected over the next two years. Any remaining balance will be repaid by the CRA in fiscal 1998 when this project is in their capital improvement plans. Alternatives would be to not use any parking in-lieu fees and require the CRA to repay the full amount, or to fund it with Decade of Excellence interest earnings and not require repayment, . -.-.--.-' '-'-'-'----' , ~ -''/ I rTTr1 I I I I I I I 1 \ t F=:~ i 1 ~ : I ~ I , r--- ' ~- -- ~ . ,¡ 1:;- " L_¡ ,. -----1 ~ I I r--~ ~~--..., j : (- -- cr> \f\ __-1 '~I I t:::J~ :::3 _ I i i l___, r--J . ..-----."-..-..-." ..-..-.'-"-" ..-"-- f AU~ 'l [1 "', T, · ì.t\'0 --I r---' ! I I . 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PARKING MANAGEMENT TEAM REGUIAR MEETING THURSDAY, SEPTEMBER 28, 1995, 6:00 P.M. 1ST FLOOR CONFERENCE ROOM CITY HALL DELRAY BEACH, FL Members Present Staff Present Kevin Egan Chris Brown Bruce Gimmy Diane Hervey Norma Bannoura Ron Hoggard Fred Bonardi John Walker Barbara Smith Sherry Sette1en Janet Onnen Monty Helm Armand Mouw Members Absent Joe Gillie Anne Bright Others Present Victor Epstein Eugene Herring 1. Chairman Egan called the meeting to order at 5:05 p,m, 2, Mr. Helm moved to approve the agenda; Ms, Smith seconded. The motion was approved unanimously, 3, Mr. Mouw moved to approve the minutes of the meeting of February 16, 1995; Mr, Helm seconded. The motion was approved unanimously, Mr. Gimmy moved to approve the minutes of the meeting of July 6, 1995; Ms. Onnen seconded, The motion was approved unanimously, 4, Block 76 Parking Lot: Ron Hoggard reviewed Alternative 3 with the Board. He advised that the angle parking on 1st Avenue will be removed, We will lose a total of 16 spaces on 1st A venue but will gain 4 on 2nd A venue. The sidewalk will be increased to 6' from 5', Since Joe Gillie, representing OSSHAD, was not in attendance, a letter was presented to the Board requesting that the angle parking in front of the Good Will building be removed, The Board agreed with this, therefore, it will be presented to the CRA for approval. Mr. Egan discussed the 24 spaces shown for Phase II. After meeting with the . . . . -2- City, it was determined that the need is there to do this phase as well, It was the Board's consensus to approach the City to see if the monies in the in-lieu parking fund can be used towards this additional cost. 5. Peach Umbrella Parking Lot: This lot is on SW 4th Avenue behind the Wideman building, The lot calls for 23 spaces which will including lighting, landscaping, and sidewalks. The swale will be rebuilt and conduits will be added for future lighting on 4th to Atlantic. Mr, Mouw asked that we approach Mrs. Quince one more time to see if there is any possibility of purchasing her property, Perhaps she might consider having her home moved to another location, It was the Board's consensus to try to acquire this lot. 6,&7. TCEA & TMA: John Walker gave a status report, Basically the purpose is to raise the ceiling for development downtown but including West Atlantic. We need to consider alternatives to cars and go to mass transit. The City is looking at a shuttle system for the future which would go from the beach to the Tri-Rail. The County is looking at expanding bus routes. The TMA, once established, would look at alternatives. The board would be a 501(c)(3) grant receiving agency. Employers of more than 50 people may be requested to find ways for employees to get to work rather using their cars. The approval for this application should take place by mid-October. It could be a big incentive for companies who may want to move to Delray Beach, A Plan amendment allows for an increase in population density downtown. 8, Comments by Board: Ms, Bannoura asked what decisions were made with regard to SE 4th Avenue improvements: Mr, Brown stated that beautification nodes would be placed at the corners but not at the alleys or at the intersection by the Green Owl since it would eliminate too many parking spaces, There will be one node in front of the library. City Engineering is redoing the plan and will bring it back to PMT. Ms. Smith advised that there is some misunderstanding about what PMT really does, Mr. Egan stated that he had talked to the Mayor about this misunderstanding, but we are not involved in traffic, Mr. Mouw asked what happened with putting parking meters on East Atlantic. Mr. Egan stated that it was pretty much shot down by City Commission, but we need to go back to them with numbers and possible garage sites, We have written to Ocean Properties about having additional parking at their site, but have had no response from them, Mr, Brown stated that we are limited for sites to accommodate a garage because of the size we would need. There being no further business the meeting was adjourned at 5:55 p.m, Kevin Egan, Chairman Christopher J, Brown, Secretary . . . 10/ (Ò' -- Joe Safford -- Mr. Harden needs your recommendation on this by 10/12. Thanks! DTH/md CD Community Redevelopment -a Agency Delray Beach nC:vt:IVED Ocr - 9 I99S October 9, 1995 David T. Harden, City Manager CITY MA~J:"'-""~ MFICE City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Dave: As you are aware, there is currently considerable development interest in the downtown area. The Block 85 Project and Ocean City Lumber Project are under construction and several additional restaurants are planned for the near future, Given this level of activity, we now feel that the parking lot planned for Block 76 may not meet the demand in the area. Unfortunately, according to our construction cost estimate, the CRA only has funding for phase one spaces at this time. We discussed this issue at the Parking Management Team Meeting of September 28, 1995 and reached a consensus that a portion of the Phase two spaces should be constructed in Phase one and that monies in the in-lieu parking fund should be used toward this additional cost. The proposal that we would like to make at this time is as follows: 1. The City pay for construction of the additional 23 spaces, including lighting and landscaping. We estimate this cost to be between $50,000 and $60,000. 2. The CRA has budgeted $250,000 for phase one. If bids come in lower than our construction cost estimate, the additional monies will be used toward the construction of the additional spaces. 3. Monies in the in-lieu fund should be used toward the construction of the additional spaces. There is approximately $17,000 currently in the fund. 4 Future contributions into the in-lieu fund will be used to pay back the City for its contribution toward the construction. If, after five years, the City has not been paid back in full, the CRA will then reimburse the City for the outstanding amount. We are now in the process of completing the construction plans. To facilitate the matter, we will also include the additional spaces in our bidding process to detennine the actual costs. Please let me know if you think this approach is feasible. Christopher . rown Executive Director 24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640/ Fax (407) 276-8558 . Page 1 of2 Block 76 Redevelopment - Parking Lot "A" (23 spaces) Esûmated Construcûon Costs ." ,.....< K.... "... '., . ... , Item ." ..... ". ·.Actual UDit Amount .... . '. ······~.i·< .......... Priee ... " . Parking Lot Construcûon 1. Clearing, Grubbing, Excavation & Grading for Parking I L.S. $1,766.00 $1,766.00 Lot 2, Pavement - Parking Lot (1114" Type m. AC.S.C.; 6" 7,600 Sq.Ft. $1.l5 $8,740.00 Limerock Base; 12" Compaction) 3, Sidewalk (4" Concrete) 70 Sq.Ft. $1.65 $1l5.50 4. Curb (Type D) 300 L. F. $8.00 $2,400.00 5. Storm Drainage (Type C Inlets, S-9) I Each $1,210.00 $1,210.00 6. Storm Drainage (Exfiltration Trench) 80 L. F. $50.00 $4,000.00 7. Traffic Markings -(Standard Parking Stalls & Curb Stops) 22 Each $19.00 $418.00 8. Traffic Markings - (HIC Parking Stalls, Curb Stops, 1 Each $150.00 $150.00 Symbols & Signs) 9. Irrigation Sleeves (3" Schedule 40 PVC Sleeves, 18" 50 L. F. $4.05 $202,50 bury) 10. Electrical Pipe (I" Schedule 40 PVC Conduit, 24" bury) 335 L. F. $2.80 $938.00 Subtotal $19,940.00 7gii. ·'/·«.i......·...····.. ·<i·.c··········.·· ........... .....,...<. ··.i.C·.·· iCi··.·W·C. .i.·.·<>·····«··· ......... ........'.....; .. ........................;... .e> ....,...,. ...... ....... . ,..",.; .).....,...... .. . Landscape 1. Trees, Ground Covers, Hedge, Mulch, etc. 1 L.S. S6,ooO.00 ... . ....... ........ ................. .... ........... ··<·r··;· ......... 'ii' ..> . ... , ··i.~.·-.. '. ................ . . . ............ ".7/'·" . ...... .' ....·.7. .>.. Inigaûon 1. Irrigation System I L.S. $1,000.00 ....... . ................ . .... .. ../..'.;. ...... .;".......". .. .< '. .. ... .. . ...... ....... ...<.-......) '.' "..-/._. . ". ..' ..... .'. <.i. '.' ..... .' Lighûng 1. Decorative Street Lights 5 Each SI,I11 $5,555.00 2. Control Equipment & Installation 1 L.S. SI,5oo.oo Subtotal $7,055.00 . .... ...... ···;·i·i·.i· ........ ..... i··/..r· ... .... ............... ....... . 'i/') ". ..... . ,,. ..... ..' '. ..... . . . . Page 2 of2 Item Amount Actual Consultants Project Subtotal $34,595.00 Contingency (10%) $3,460.00 Total Site Development Cost 538,055.00 Total Estimated Constmction Cost per Parking Space $1,655.00 . . . " . RECEIVED MEMORANDUM OCT 1 2 1995 CITY Mt'·,· ---.... c () -, fL. To: David T. Harden, City Manager From: Joseph M. Saff~ Director Date: October 11, 1995 Subject: Block 76 Parkine Lot (Phase m Fundine Your office has asked for recommendations regarding possible City funding of the parking lot for Block 76 Phase IT as proposed in correspondence ftom the C.RA. dated October 9, 1995. This correspondence proposed to utilize the City's parking in-lieu funds and other City funds which would then be reimbursed through future in-lieu receipts or the C.RA. ït: within five (5) years, the in-lieu funds were insufficient to repay the City funds. The total required funded was estimated at $50,000 to $60,000. The Decade of Excellence Bond Construction Fund has a current balance of $72,380 in uncommitted interest earnings which could be used for this purpose. Since this bond issue has funded all remaining projects, these funds can be used for this project especially since this downtown parking project relates to projects previously funded in this bond issue such as alleyways and the neighborhood improvement project which purchased land for future downtown parking. Since these funds are interest earnings ftom the investment of bond construction funds and not general operating funds, there would not be a need for the C.RA. to reimburse the City if this would be your choice. The parking in-lieu funds would not be needed and would therefore continue to be accumulated for future parking projects in the downtown area. Of course, the alternative would be to use the parking in-lieu funds and then fund the remaining amount necessary to fund the entire project ftom the Decade of Excellence Phase IT interest earnings. Either way, we have a reasonable contingency if the bids exceed the estimated costs, The unused interest earnings could therefore be assigned to other City projects as you see fit. Please contact us if you would require additional information. cralOI1.doc . . . . , VI¡ ()fZ---- Memorandum To: David Harden, City Manager Thru: Lula Butler, Community Improvement Director~ From: Dorothy Ellington, Community Development Coordinator ß r Date: November 16, 1995 Subject: Sales Contract/239 NE 1st Avenue ITEM BEFORE THE COMMISSION The purpose of this item is to obtain approval to execute a contract to sell the subject property to Fifteen/Thirteen Partners Limited. BACKGROUND This item was before the Commission on November 7, 1995 but was not approved because of the Commission's concerns relating to our participation in the repair of the roof. Staff had agreed with the buyer's request to repair the roofs, using our normal rehabilitation procedures and contractors' list. The Commission preferred that we share the costs of roof repairs instead of contracting before selling the property. The attached contract represents an agreement to give a credit to the buyer at closing in the amount of $6,000. This credit offsets the estimated $7,000 to $8000 cost of replacing the roofs. RECOMMENDATION Staff recommends approval to execute this contract to sell 239 NE 1 st A venue to Fifteen/Thirteen Partners, Ltd. The contract has been reviewed and approved as to form by the City Attorney's office. ~ 5-0 /0· A· . . . . . , CONTRACT FOR SALE AND PURCHASE FIFTEEN TmRTEEN PARTNERS LIMITED, INC., a Florida corporation, as ("Buyers"), and CITY OF DELRA Y BEACH, a Florida municipal corporation, ("Seller"), hereby agree that the Seller shall sell and the Buyers shall buy the following real property ("Real Property") upon the following terms and conditions which include the standards for real estate transactions included in this instrument: I. DESCRIPTION: Lot 2 and North 6 feet of Lot 3 less the west 5 feet thereof, a subdivision of Block 74, Town of Delray, as recorded in Plat Book 11, Page 12 of the Public Records of Palm Beach County, Florida, II. PURCHASE PRICE. . . . , , . . , , , , . . . , , , , . . . , , , . . . . . . . . . . . . . . . , . ., $62,600.ÖO PAYMENT: Deposit held in escrow by City of Delray Beach in the the aIIlount of , . . . . . . . . . . . . . . , . , . . . . , . , . . . . . . . , , , , , , . . . , . $12,520.00 Balance to close U,S. cash, LOCALLY DRAWN certified or cashier's check or third party loan, subject to adjustments and prorations. . . . . . . . . . . . . . , , . . . . . . . , . . . . , . . . . . , , . . . . . . . . . , . . . . . . $50,080,00 III, TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before November 23, 1995, the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer, IV, FINANCING: (a) If the purchase price or any part of it is to be fmanced by a third-party loan, this Contract is conditioned on the Buyer obtaining a written commitment within 30 ~s after Effective Date for (CHECK ONLY ONE): 0 a fixed, 0 an adjustable or a fixed or adjustable rate loan for the principal aIIlount of $50,080.00, at an initial interest rate not to exceed 7.75% for a term of 30 years. Buyer will make application within 30 days after Effective Date and use reasonable diligence to obtain the loan commitment and, thereafter, to satisfy the terms and conditions of the commitment and close the loan. Buyer shall pay all loan expenses, If Buyer fails to obtain the commitment or fails to waive Buyer's rights under this subparagraph within the time for obtaining the commitment or, after diligent effort, fails to meet the terms and conditions of the -I- . . . commitment, then either party thereafter, by written notice to the other, may cancel this Contract and Buyer shall be refunded the deposit(s), If Buyer is not accepted by mortgagee or the requirements for assumption are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the stated amount, Seller or Buyer may rescind this Contract by written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges. V. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment and, after closing, an Owner's Policy of title insurance, VI. CLOSING DATE: This transaction shall be closed and the warranty deed and other closing papers delivered on or before December 30, 1995, unless extended by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ~ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation. of the foregoing and none of them prevents the use of Real Property for residential purpose, VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing, IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them, X, ASSIGNABILITY: Buyer may not assign Contract. XI. SPECIAL CLAUSES: A, RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are -2- . . exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida, Additional information regarding radon and radon testing may be obtained from your county public health unit. Paragraph L of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B, FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or before closing, Seller provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non- Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper form as required by the Regulations, and Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said final determination. In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance with the Regulations, all or such portion of said additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. C. This contract is contingent upon the CITY OF DELRA Y BEACH'S City Commission approving this Contract within twenty-one (21) days following its execution by the Seller. D. The parties warrant and agree that there is no broker involved in this transaction, -3- . . . . . E, The soil, surface water, drainage requirements and runoff availability, geological conditions, and environmental state of the property being purchased must be acceptable to Buyer in Buyers' discretion, This shall be determined by test boring and other soil, geological and engineering studies which may be conducted by Buyer at Buyer's expense within the time permitted for delivery of evidence of title herein. Notice of the result of such testing shall be furnished to Seller. During the tenn of this Contract, the Buyer, or Buyer's employees, agents, representatives, or assigns, shall have full and complete right to enter upon the property for the purpose of making any and all inspections, tests and studies of the property. In the event said conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the right to cancel this Agreement and receive a refund of all deposit monies paid hereunder. F. The Seller agrees at closing to give a credit to Buyer in the amount of Six Thousand and 00/100 Dollars ($6,000.00). STANDARDS FOR REAL EST ATE TRANSACTIONS A. EVIDENCE OF TITLE: (I) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date and which shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this transaction the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. Iftitle is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the Contract. Seller will, if title is found unmarket- able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30-day grace period in the event of default if a first mortgage and a 15-day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s); shall require Buyer to maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the Real Property against fire and all perils included within the term "extended coverage endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require clauses and coverage customarily found in mortgages, mortgage notes, and security agreements generally utilized by savings and loan institutions or state or national banks located in the county wherein Real Property is located. All Personal Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon. C. SURVEY: Seller, at Seller's expense, within time allowed to deliver evidence of title and to examine same, will have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. -4- . . . . . D. TERMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence: of title and to examine same, may have Real Property inspected by a Florida Certified Pest Control Operator to detennine if there is any visible active tennite infestation or visible existing damage from tennite infestation in the improvements, If either or both are found, Buyer will have 4 days from date of written notice thereof, within which to have all damages, whether visible or not, inspected and estimated by a licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2% of purchase price. Should such costs exceed that amount, Buyer shall have the option of canceling Contract within 5 days after rece:ipt of contractor~s repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Tennites" shall be deemed to includç all wood destroying organisms required to be reported under the Florida Pest Control Act. E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. F. LEASES: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same infonnation shall be furnished by Seller to Buyer within that time period in the fonn of a Seller's affidavit, and Buyer may thereafter contact tenants to confinn such infonnation. Seller shall, at closing, deliver and assign all original leases to Buyer. G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any fmancing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affinning that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. H. PLACE OF CLOSING: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Seller. f. TIME: Time is of the essence of this contract. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. J. DOCUMENTS FOR CLOSING: Seller shall furnish warranty deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, corrective instruments, and closing statement. Buyer shall furnish mortgage, mortgage note, security agreement, and financial statements. K. EXPENSES: Documentary stamps on the warranty deed and recording corrective instruments shall be paid by Buyer. Recording warranty deed shall be paid by Buyer. L. PRORA nONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an infonnal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. M. SPECIAL ASSESSMENT LIENS: Certified, confinn,ed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. -5- . . . . If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confinned or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be pennitted access for inspection of property prior to closing in order to confinn compliance with this standard. O. RISK OF LOSS: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the tenn so the agreement with restoratìon costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of cancelling the agreement. P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or charge which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date., If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. If a portion or the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1993), as amended. Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with tenns and conditions of contract. Failure of clearance of funds shall not excu~e Buyer's perfonnance. If in doubt as to Agent's duties or liabilities under the provisions of contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall detennine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully tenninate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1993), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. -6- . . . . R. FAILURE OF PERFORMANCE: If Buyer fails to perfonn this Contract within the time specified, Buyer and SeIler shaH be relieved of all obligations under Contract. If, for any reason other than failure of SeIler to make SeIler's title marketable after diligent effort, Seller fails, neglects or refuses to perfonn this Contract, the Buyer may seek specific perfonnance without thereby waiving any action for damages resulting from Seller's breach. S. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context pennits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. T. CONVEYANCE: SeIler shall convey title to the real property by way of Warranty Deed subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. U. OrnER AGREEMENTS: No prior or present agreements or representations shaIl be binding upon Buyer or SeIler unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. V. WARRANTIES: Seller warrants that there are no facts known to SeIler materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: SELLERS: City of Delray Beach, Florida B'" By: J" Thomas Lynch, Mayor ATTEST: (SEAL) City Clerk Approved as to F~ ±1J ~ " State of Florida ~-£ttomeY County of Palm Beach The foregoing instrument was acknowledged before me this ¡May of November, 1995 by William Flynn Wescott, P.E., Vice-President, of Fifteen Thirteen Partners, LTD., a Florida corporation, on behalf of the corporation, He is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. 151hgt ~~"'''{ PlJð. OFF1C1AL NOTARY HAL o ~ SUSAN M HUDSON : .: ~. COMMISSION NUM.ER /A . 0( CC257520 ~ ~ MY COMMISSION IX', OF f\.O FEB. 7 1U1 -7- . . ~ ." .. . Thirteen Fifteen partners Límíted October 30, 1995 CORPORATE RESOLUTION WHEREAS, THE UNDERSIGNED OFFICERS OF "FIFTEEN THIRTEEN PARTNERS LIMITED, INC.", A FLORIDA CORPORATION, HEREBY AUTHORIZE CORPORATE OFFICER WILLIAM FL YNN WESCOTT TO EXECUTE THE CONTRACT FOR THE PURCHASE OF 239 N.E. 1 ST AVENUE, DELRAY BEACH, FLORIDA, AND TO REPRESENT THE CORPORATION IN ALL RELEVANT MATTERS RELATED TO THIS PURCHASE FROM THE CITY OF DELRA Y BEACH. '1~~~~ MARY A NE GRUDZIN I RICCI ESCOTT STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing Instrument was acknowledged before me this 30th day of October, 1995 by MARY ANNE GRUDZINSKI RICCI and WILLIAM FLYNN WESCOTT, P.E., who are personally know 0 m and who did ~ take an oath. -fÇ;¿ Fr nces M. Sagrans NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: July 16,1998 My Commission Number Is: CC 381953 ".~';i'l."""" FRANCES M. SAGRANS tFC MY4''''M'''''' '" .,,'" ~ {J} EXPIRES: Jut116. 1998 "~Rf.. ,1(.., Boadod Thru HoWy NIIIç UnderwIII8rs 1404 Summerwinds Lane, Jupiter, Florida U.S.A, 33458 PhonelFax (407) 744-1404 . · vf fYÞ( £IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 200 NW hI A\'H;UE . DELRAY BEACH, FLORIDA 33444 FACSIi,lILE ,\07/27i3-4755 DELRA Y BEACH Writer's Direct Line: (407) 243-7090 F tOR I D A ......... AII·America City MEMORANDUM , III I! DATE: November 1, 1995 1993 TO: City Commission FROM: David N. To1ces, Assistant City Attom~ SUBJECT: Sale of Property Located at 239 N.E, 1st Avenue to Fifteen Thirteen Partners Limited. Inc. Public Hearing The City sent out a request for proposals regarding the purchase and rehabilitation of the home located at 239 N,E, 1st Avenue (Bankers Row). The only response the City received was submitted by Fifteen Thirteen Partners Limited, Inc, At this time, the proposed agreement between the City and Fifteen Tmrteen is before you for approval. The City acquired the property in May of this year from the United States Department of Housing and Urban Development, As the house is in great need of repair, the Community Development Department advertised for potential investors who were willing to rehabilitate the parcel. The proposal received from Fifteen Thirteen appears to meet the objectives sought in the RFP, specifically preserving the historic structure and promoting mixed residential and office use. The agreement between the parties requires a closing by December 30, 1995 for an amount of $62,600,00, Our office recommends approval of the purchase and sale contract. U you have any questions, please call. -to \ Cf 6 DNT:smk -rfOllvJ I' \ ~I POG Attachments cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Lula Butler, Director of Community Improvement Dorothy Ellington, C. D. Program Coordinator ® Pnnted on Recycled Paper' 1o ,G. , . o~ /Þ1{ Memorandum To: David Harden, City Manager tI3 Thru: Lula Butler, Community Improvement Director ' From: Dorothy Ellington, Community Development B V Coordinator Date: October 31, 1995 Subject: 239 NE 1st Avenue Contract for Sale ITEM BEFORE THE COMMISSION The purpose of this agenda item is to obtain approval to execute a contract to sell the subject property to Fifteen!Thirteen Partners Limited. BACKGROUND We purchased the above referenced property, upon Commission / approval, on May 17, 1995, We had learned of the availability of the property through our HOPE 3 program partners, the Palm Beach County Housing Partnership, An appraisal, based on the projected value of the rehabilitation plus acquisition costs, established the value of the property to be $125,000. Due to this fact, it was determined that the property was not suitable for HOPE 3 applicants. Although unsuitable for our affordable housing program, the Bankers Row Homeowners' Association expressed a desire for the City to exercise its right to purchase so as to ensure the rehabilitation and subsequent sale of the units would be sensitively managed. The property was purchased with Bootstrap funds and a Request for Proposals was issued to dispose of the property. Fifteen!Thirteen was the only company to respond to the RFP, submitting the required Financial Statements and plans for the . . redevelopment and adaptive reuse of this historic property, They have offered to purchase the property for $62,600 (we paid $62,445.) The company has deposited with us the required $12,520 (tenns of contract) to be held in escrow. A copy of the company's plans is attached. RECOMMENDATION Staff recommends approval to execute this contract to sell 239 NE 1st Avenue to Fifteen/Thirteen Partners Limited. . . . ~'. ... ._.-.~."-- ."-" -- - -- ""-~~._----....... . ~:...... -'""'.. .' \ [ITY OF DELRRY HEREM ;,'/:,:J'} "'if) . ~:'j~ .< .". DElRAY BEACH .. .... ..-,.....-.. ~~.:..~~;.>.r , L 0 . I 0 .. beØtember 8, 1995 100 N.W. 1 St A VENUE . DELRA V BEACH, FLORIOA 33444 . 407/243· 7000 i"·America Ci, t II £J'Y Anne Ricco William Flynn Wescott, PE 1993Fifteen Thirteen Partners Limited 1404 Summerwinds Lane Jupiter, Florida 33458 Subject: 239 NE 1st Avenue Dear Ms. Ricco and Mr. Wescott: Thank you for your recent submission in response to our Request For Proposals regarding the Bankers Row property. We are excited about your plans for the project, particularly your sensitivity to the historic character of the neighborhood, The proposal as submitted appears to be acceptable. This is to advise you of our time frame and readiness to close once your proposal is fonnally accepted by contract. Once the City attorney reviews the proposal a sales contract will be developed incorporating your proposal. After you accept the contract by signing it, we are required to submit it to the City Commission for approval. We will try to get this on the November 7 Commission agenda so that we may close the deal by November 20. In the meantime, if you have questions or concerns regarding this letter and process, please call me, Enclosed for your infonnation and use is a copy of the Historic Preservation Board's COA application and a cover memo from Pat Cayce explaining that process. Please contact Pat directly with questions. Her telephone number is 243-7284. Let me say that I have enjoyed working with you and hopefully this project will be the beginning of a successful venture for you and your company in the City of Delray Beach. Sincerely, ~Md¿ ~ Dorothy Ellington Community Development Coordinator xc: Lula Butler, Community Improvement Director Susan Ruby, City Attorney , " ® Printed on Recycled Papuf THE EFFORT ALWAYS MATTERS . · Fíftrrn Thírtrrn lPartnrrs Límítrd October 30, 1995 David N. Tolces, Esq., Assistant City Attorney City of Delray Beach 200 N. W. 1 st Avenue Delray Beach, FL 33444 RE: TRANSMITTAL OF CONTRACT FOR PURCHASE/SALE OF 239 N.E. 1 ST AVENUE. "BANKERS' ROW". DELRAY BEACH. PALM BEACH COUNTY. FLORIDA Please accept our apologies for our delay in reviewing and returning the attached Contract; other restoration Projects have been demanding. So that you might make the Nov. 7 Commission Agenda, we have changed the Time for Acceptance to Nov. 17, 1995, and the Closing Date to Dec. 30, 1995. (Bill Wescott will hand carry the signed Contract to the City today.) Also, in accordance with our agreement with Dorothy Ellington on Friday, October 27, 1995, Special Clause "F" has been added on page 4 of the subject Contract... "F. THE SELLER WILL INSTALL NEW 20-YEAR ROOFS ON BOTH HOUSES BEFORE DEC. 20, 1995." [Naturally, since these Mackie houses are Historic, materials selected will maintain their Historic Character.] This week weare applying to Chris Brown for a CRA loan. Please let us know when you need further input. 10rdiallY, _ _ . . -~~~g---- MARY NNE GRU SKI RICCI End: Contract cc: Dorothy Ellington 1404 Summerwinds Lane, Jupiter, Florida U.S.A. 33458 PhonelFax (407) 744-1404 . . Fíftffn Thírtffn partnErs Limited October 30, 1995 CORPORA TE RESOLUTION WHEREAS, THE UNDERSIGNED OFFICERS OF "FIFTEEN THIRTEEN PARTNERS LIMITED, INC.", A FLORIDA CORPORATION, HEREBY AUTHORIZE CORPORATE OFFICER WILLIAM FL YNN WESCOTT TO EXECUTE THE CONTRACT FOR THE PURCHASE OF 239 N.E. 1 ST AVENUE, DELRAY BEACH, FLORIDA, AND TO REPRESENT THE CORPORATION IN ALL RELEVANT MATTERS RELATED TO THIS PURCHASE FROM THE CITY OF DELRAY BEACH. 1~~L1L- MARY A NE GRUDZIN I RICCI ESCOTT STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing Instrument was acknowledged before me this 30th day of October, 1995 by MARY ANNE GRUDZINSKI RICCI and WILLIAM FL YNN WESCOTT, P .E., who are personally know 0 m and who did (þqt} take an oath. -r;;; / c--- Fr nces M. Sagrans NOTARY PUBUC, STATE OF FLORIDA AT LARGE My CommissIon ExpIres: July 16,1998 My Commission Number Is: CC 381953 ...~\tit- FRANCES M. SAGRANS f:t&.:~ MY COMMISSION' CC 381953 ~ ~~j EXPIRES: July 16. 1998 ":f.Rf..r.o~' Bondød TIvu NoIaIy NIItc Undelwrl\8fs 1404 Summerwinds Lane. Jupiter, Florida U.S.A. 33458 PhonelFax (407) 744-1404 . . F'-~ I.{')~ '" M~ O~ &ì co - 0 c.D l- I- .. 0 - () 1'1"1 ø c.D W en == >- M.I « - Z CD() Z wtO >~I-;:;ç [ i '- .. ;:¡! o - ~ LI. ;; FiftEEn partnrfs Limitrd .:~;, ,!\;;';.¡.:~ \' '{ .< i. i;# !- :~ (Jf'{/, " , \ /, ," ,. "" l ! ' ." : . ¡ ¡ , ~',t:--.- i ~j ,-< '~,~. 1 I <' ':i .~ ~, í " 1 í.' . 1 " -'~'" ..~~~~ ~ \ r . \ .. {t \\ ,/,! " J ~~:Ø' _ _ _ . . --'--~~~~ :>\":.l:'¡..""".~IP-::: ;~t>':.."":': , HISTORIC 239 BANKE:,RS· ROVV ---- - 1404 Summerwinds Lane, Jupiter, Florida U.S,A. 33458 PhoneJFax (407) 744-1404 RESPONSE TO REQUEST FOR PROPOSAL, 239 NORTHEAST FIRST AVE:NUE mSTORIC ADAPTIVE RE-USE PRO.mcr BANKERS ROW CITY OF DELRAY BEACH, FLORIDA . " ~ . ~ . ì ) Table of Contents 1,0 TABLE OF CONTENTS . 2.0 NAME OF APPLYING INDIVIDUALS 3,0 INTENDED USE OF THE PROPERTY 4,0 NARRATIVE OUTLINE OF PROPOSED RENOVATION/ADAPTIVE RE-USE: (INCLUDING PLAN & SPECIFICATIONS) 5.0 FINANCIAL ABILITY VERIFICATIONfTlME FRAME 6,0 TERMS OF ACQUISITION 7.0 FINANCING/LOAN FOR RENOVATION/REHAB 8.0 REFERENCES 9.0 CLOSING 10.0 ADDENDA ~ ~ ---.-- ....... ~1..-.ø'fI.-........tr...'-~~~W-·'''''¡;'~:IN.-'' " ·_,"··"'·~''':''''·'''~4·~'· ...,'................ -_. -.--..~ ··_~·__.....·4_·.... . - ~ - J8íftffn ~Thîrtffn - . partners Limited AFFIDAVIT OF WILLIAM FLYNN WESCOTT AND MARY ANNE GRUDZINSKI RICCI D/B/A FIFTEEN THIRTEEN PARTNERS LIMITED, INC. , PROJECT: 239 BANKERS' ROW, DELRAY BEACH, FLORIDA STATE OF FLORIDA COUNTY OF PALM BEACH On this day personally appeared William Flynn Wescott and Mary Anne Grudzinski Ricci d/b/a Fifteen Thirteen Partners Limited, Inc., who after being duly sworn depose and say: 1. That the intended use of the subject property shall be consistent with the uses allowed under Section 4.4.24(A),(B), (C) , & (D), and further agree to the Review and Approval process as defined under 4.4.24(E) of the City's Land Development Regulations. hl~'~ - MA· NE G UD K"r Sworn to and subscribed before me this I~ day of Au C,oSî , 1995. 0ILß~, oßoJ "'~'( Pú¿; OFFICIAL NOTARY SEAL Signature Notary Public 0.... _v THELMA LISTER L'ST~, ~ . <; COMMISSION NUMBER TH é:LYr11tl ;, '~;if ~ CC365156 .,.~. ¡ MY COMMISSION EXP. (Print, type or stamp commissioned ~ on....o tw1 2 1998 name of Notary) Personally known or has produced identification~ Type of Identification produced Florida Driver's License: Wescott - W-239-926-35-203; Grudzinski Ricci - R-200-587-56-520 1404 Summerwinds Lane, Jupiter, Florida U.S.A. 33458 PhonelFax (407) 744-1404 2.0 ("A") NAME OF APPLYING INDIVIDUALS: William Flynn Wescott, P.E. Mary Anne Grudzinski Ricci d/b/a "Fifteen Thirteen Partners Limited, Inc." (a Florida corporation). 3,0 ("B") INTENDED USE OF THE PROPERTY: The Intended Use of the Property Is to optimize the requirements of the City of Delray Beach and Main Street In carrying out a first class, mixed-use of residential and office in the east structure and a training center/sculpture and retail sales/fine arts studio and work area as a commercial operation In the west structure, emphasizing 112tI:1 Arts and Historic Preservation, as a major element In the Main Street Program, "Period" Furniture, Fixtures and Finishes will be used. 4.0 ("C") NARRATIVE OUTLINE OF PROPOSED RENOVATION/ADAPTIVE RE-USE: (Including Plan & Specifications) The principals of "Fifteen Thirteen Partners" will personally direct the renovation of the subject buildings, and rehabilitate the property In accordance with a two-phased renovation/adaptive re-use plan, each of which phase will take six months of construction time to complete. 4,1 Phase I will Include the removal of all decayed and distressed material and the stabilization and weather proofing of the sUbject structures. Our plan calls for the restoration of the historic structures with the original materials used by the Mackles, and necessary replication using similar materials. The Historic Integrity will be enhanced in accordance with the Secretary of the Interior's Guidelines and State and local requirements, All six (6) major trees on the site will be preserved and Included in the Final Landscape/Site Plan. 4,2 Construction sequence priority will be placed on the south and south east portions of the east structure, since this is where the Fifteen Thirteen Partners residence will be located; the next construction priority will be the Fifteen' Thirteen Historic Preservation Development Office In the northeast quadrant of the east structure. Then a weather proof, trellised area will be added to join the two structures, to provide the artistic work area and outside gallery for use In Phase II. 4,3 In Phase II, the west building will be renovated to contain the art and sculpture studio, training facility, the mail order office, and photographic dark room (where the current kitchen area is). The exterior sculpture garden/work area in the northwest portion of the 239 Bankers Row property will be utilized initially as a construction storage area and ,; subsequently used for outside workshops and tropical exterior sculpture materials evaluations as part of the training program, The finished.J.Sculpture Garden will , . significantly enhance Bankers' Row. The southeastern portion of the property will be utilized as an instructional herb garden . 4.4 (Refer to attached Plan and Specifications for specific criteria in connection with this, proposed renovation/adaptive re-use), At the end of Phase II, It is our program to apply for Historic Designation, and to hold the facilities open for any City of Delray Historic House Tours, Main Street Programs, and DDA and CRA activities. 5.0 C'D") FINANCIAL ABILITY VERI FICA TIONITI ME FRAME: The enclosed forms "Personal Financial Statement" give the financial ability of the two principals of Fifteen Thirteen Partners Limited, Inc., William Flynn Wescott, P,E. and Mary Ann Grudzinski Ricci. 5.1 This 239 Bankers' Row project is our number one priority commitment, both economically and program wise , at this time and for the next two years. Renovation cost estimates are for Phase I $20,000 and for Phase II $30,000. 6.0 ("E") TERMS OF ACQUISITION: E-1 PURCHASE PRICE: Sixty two thousand six hundred Dollars ($62,600.00) E-1 TERMS OF PAYMENT: Twenty percent (20%) on signing of purchase contract, remainder at closing, E-3 TIME OF CLOSING: November 20,1995. E-4 TIME OF PERFORMANCE OF RENOVATION: Twelve months after structure stabilization and weather proofing (Two six-month renovation/restoration work cycles), E-5 OTHER ACQUISITION TERMS: Security and Main Street coordination to be interfaced with appropriate agencies. 7.0 ("F") FINANCING/LOAN FOR RENOVATION/REHAB: Fifteen Thirteen Partners, Inc, will self-finance the entire project purchase cost; approximately fifty percent (50%) of the $50,000 cost of renovation will be loaned from appropriate local sources. 8.0 ("G") REFERENCES: '-' The Honorable Mary McCarty, Palm Beach County Commissioner Howard Ostrout, Chairman, Historic Palm Beach County Preservation Board Donald Sleznlck, Esq., President, Florida Trust for Historic Preservation " Ms, Charlie Ellington, Historic PreservationlTrustee HPBCPB J- Earl K. Mallory, Esq.. Attorney/Contractor, Jupiter, FL. ;", . . 9.0 (UH") CLOSING: THE PURCHASERS WILL CLOSE NO LATER THAN NOVEMBER 20,1995. 10.0 ADDENDA: · Map: Pineapple Grove Historic District/OSSHAD · 239 Bankers' Row Historic Background · Copy of City of Delray RFP 239 Bankers' Row · Additional Partners Vitae Respectfully submitted, August 11 , 1995 "Fifteen Thirteen Partners Limited, Ino,l1 . :, .> , PERSONAL FINA~~.~8!~~.1.~1I¥1 . .".. : ~Ol1lla.nll'l \ 10:. .........11........ II a. Nal1'rf:WILLI4J..1 FLYNI:! WE:5COTT) TEU.5nE-- /8!_-:i:f:,..;%/7::? (ÓJ.1!.~ SPou'D:(l~N£) __ . _- - - -"-, .:-J....:::.._'-=- Aft/denct Addrou: /104 ~1j~W/¡u/)5 UfJlf- ..-- _ City: l1ùPI TEE. ~~: 3~458 P,tYlout AesIdonoe Address: c/o 51IJ/)pollv't£ l3<1Y ~')~ CIty: ~?;t.'''':125G9 ,.... toIIowIt'l .. ",hmllf_ ... "'''''þOM 0' pr-..lnt. "...ehInt..... ~".1Ij .,.eI' *'" '*' "'........ '" ..,.~.. ,.,....,. lir",' ., ..,........ lit ....... MMII ", \I~II""," M1. ..."., MYtI,II'»..... _th.".,. ............., Ir\ .....,:.... N ..,..... .¡PI.,,,, """ 11.1. "",,,tltl llAlMI'..1 " llue W oo"MI ,"if tI... .,.. ""'~ otnaldlr 11ia ....."1 II 00fIIftú~ "h "'" ,.......teII 11ft. . den ...- ~~ ...... It "\len to ,.., bw .~ .".,..... ' COqlIeIld a. of _ . "..z:¿ ~LIASI 00 NOT LEAVE ANY QUISnONS UNAN.MAlO. USE "NO" OR "NON.· WHI"'NIClI,.AV . . ' I A_TI ,- In awn Dol." LtA''''''I.' In intI Ooltar. . -- f.lo E. -- Itl' .- I - . , I ;mLAiìi1i WORT" -ov k. .. beet aM ';;'~Ct Ilc-..tJe" f'om ",'-;¡;ItmM? YP::;- . no. e.pleln: - ~ - ...... ..... ~'" t~, .". cltr.? I ~4 _ A14Ifonal............ AIoNE-:- ..- ANNUAl.lOuiëïïÕfr INCOME PIRIOHAL .......TtOM -~ I hili,. .ltue . com.....Ion.. - v - - :\ .ldlndl I OD vau hlVI . wilt ,r £:5; --. 'p'.n.~oI.to&Aor.. " i .,.,If ..,..1MofM '.. . . 0.... .....,... I. VOU . pMNt 0' e"lOt, ,,, '"1 åt...,~_., -.--- - YE5.. - -- UIIhW - . <::;0 M1.-.f dtl'¡';;;-==--- 5fA( - . - 0"1' O.,.Mt"" - [-- --....-. -- ..-- COHTlNOINT LIAIILfT'1S GIHIJIAL I"'ORMATION I 00 rOIJ hlVI a"1 COftt\floent ..blltlel? NO. - AIt .'" ..... ,tMgedt I k-\ I . ~I' .~. ft..tll. 1'/<"";" I ~.~ ., ~w~~ ~~ A"". a~..... _,"" No I I . ..,.un.,..; . '6fZ.~T "~r£IZN . 'J(/P~VEE.~ ¡::L,. I .~... wu ~ en . ~ ;ar-,.vO,. :3 \ .v. ~~y , pu W". 8ft ., õI or peit".;lft'i;i;m¡¡ Of t.JaM ....,UIIIIwf ..,..,,: N ð ,i èÑIDULII MD lION CH ..v....... . . ..:,.... ;--IoUJ,_-l,J,-'?~ TUE, 139:28 At1 t10RGAH 413748.3913.32 P.04 . PERSONAL FINANCIAL Sr.AT.E~ENT "',,..,' COllfldentlal . i." .. I··f. ,. ,. . 10: ' . &90'" S,Ocu,ily Noolbtr 0,,1801 Blrlh rJRlI\e:_Mð/~ -At-.\N~ Q¿..>o? if.{51sL......~ I èc ~' 019 -~ -~r¡( 5 I 1J'3'..'.tztP ""\ -sRfel S.cur N,"I ll" ~ '" "tihl ~ 1 ' S -t:::::7' " ," ~ ,- I , " . ,pause: _..". , . ' J.__J~ to ,I _ ") 1C " Res/denC$ Addross:4:/PLl1"lAIk-..8.e, HuN1"Q..tjð~lv~f:6(~itŸ: ~,¥uGS-r14' 'stala:PLoC, D~. Previous Res!donco Ad~re!)s: \D'101 g,~.~ P4c2CZ!.l· ~_~ Clt~~~¡ ..StalÐ:Ç(.o~f D~ 1119 following is $llhrnitlC!d lor t'le purP9se of pr"<:uring. eslabflshln~ and rnainlalr¡ing «,<iiI wiU. YOIJ OC' bah41f of '''9 ,uñdllfsl\J\ed or r'GISOn" fi,m, or COIpoI:ltions i" who'lI Þohnlllhe u"dI11slgne<:l nloy oither .~v.,rallv or !olnlfr with 'òtt"'ItS oJCòþ.J\e .' guaranfy In your:låvor. The url(j,m~"d watlanl5 IlInt 11,1, fil\nnoi,,1 ~\J:ltr,m(mt I:; l'UI);¡n<! COllocl and that you JnF./Y con$ dvr this ,It\temenle, oontll\ul"g to be Irw !'I'd COlloct unlft 0 WIllI on nolla! 01 th;Jrt\o Is glvon to YOIJ by .'\1 undorslgnod. . C I I d f t 9 . omp 9 9 850 , - PLEASE DO NOT LEAVE ANY QUESTIONS UNANSWERED. USE "NO" OR ·'NONE" WHERE NECESSARY ASSETS . 'n Even Po liars LIABILITIES In Even po~rj Ca$h on ¡,and ;n~_!~.~~nk~ -~- Notes payable 10 banks· secured 1>.l _-- ~~~~b'g SlIeu, !\l9S . s~e Schedule ^ __~_, . Noles payablølo b8"ks . uns9cUted, _ º ~ _._ ~lon.Ma~~4!lab'~~~~~t_I~!?~~.:.~!.~chedu.'!.~_ put to broker. ., 0& ___'~.' ,~~liiïi1(~ IWidb_y~~~kllr.~_~aI9111 accounts _ __ _____ . Amo'Jr~s payable to ötl'~IS' secured .' _ . lb!. ~_ ngslrict~~or cOr1tr(1I1p.~ st~k$ Amounts eayablo to others· unsocu,ed _ ,.. Pattlaflntotes! rñRëã1 ÈŠlate Equities - Acoounts and bills due !.G.!. Schodut~..~_.,___ Unpaid IncorT19 'Tex ____ _, ngal Es.!!!! Ow~~~~eQ Schedule C Other ~a¡d texes and Int8r~ loails Rgcelvable R.al 9~iate mortll3ges payable- I -^utomobllos and othor pg,sofHìl pfoPt\rty -' $êê S~:heduI9 C ¡ 'Cash vãîû;-:'ïile I~~~~~ncg . all9 Sch(¡dül0 ß Other debts· Itornize I Of her a~sel$' itemiz9: _~___ I :tJ~.Jd..é2 rI 0-. po .. -" _-Å ~ -r _. ._._~_ ' co _ €.<-fl- ~_~__ ' 0 lºl~l LlABILltJ§S y~.c;p~Ii:-.:r.,,_l~\ro. I ÑC . ' . ~ a L TOTAL ASSETS I <X) _ Are aft bad and~do~b~'ul assets ")Ccluded frorn fhi9- statement? ~~ II ~. uplaln: ~ _ Income laxes sellled thrcugh whaf dale? A1dkion:<t aS8&!!!lI1enls $ lJo ~ .....-.."--'-.---..-...- '~- .....- -_..-...- - AtJNUAL SOURCES OF INCOME PERSONAL tNFORMATION Salary. bonus & cor11lnlsslons ' '$ ~ tJ. 000 -- '. L/"... -- -"'7 -. . . Do you have a wIll? I c::r.C; Dividends ~ ~ I í' . . 'ï\-"'~"'~ . '~-," . ¡)l.ø Ifyes,nafl'to ..x.eollt?r,.,~..'f'5e: ~f'.I,l.::tI!(;O~'NSJc., neat Mt'3,telncoma ~ & " . ;" " ,1rt1"'~ . O-¡¡;;¡r¡comll '. I .Q-' Aiõ yoù'ã'par1nllr ot of/Ioer In any olhor .jêï,tur9? ------ ________~___._.N.!. -. No -=-~=_=___ ~,,,.--~ _~ ~ Ag9 -? 9 Minor chlidr;;;-ï-'-'--- TOTAL $ 3'5 ~<90.oV Sing!!.-J' Other Dgpel1d~l1h No r _. - - I~ COUTINGENT LIABILITIES _ GENEAAL INFORMATION _ I I 00 y?U have :!~y contlngonlliabilllies? Aré 8r?18SSels pltdg.d? ¡ ~" '~. ~.. d.,.,.. , ~ ,_ Ar,' ,¥óu 8,d,ehj'nd~~t In a~y suits ar ((¡gal Qcl~ri$1, ilO ' As erldOrS9', co'makGr or guaranlor $ '. '" .,. I'\- On eases or contlacls $ PI, ,sona ãñK accounts carried at: () . - fl.."., LggalclaJms ~,~_. -, $ UNrf6t> f.(1\1'(OIl(~C-. B~"i!S.~'t"pµ-'\ P '9 ~er specilll debt ~_ $ ,ave yOU ever tà!í.4In bankruptcy~ E)(plaln: NO Amoullt of contested incomlil tax liens $ . " . ~. . . . . .... ~.,. ~'Y comp."'''' yo" W". ". ollk.,,;' "P."';:' .,.;r.¡¡¡¡ ~ . .~ or laken b...nkruptcy? Explain: N ~ . $bãì· ì&-:"-::- (COMPLETE SéHEDULE9 AND SIGN ON RE\lERSE SIDE!) -,- . . Z .."' .'~""._"'''''''"''!''('. ..-..{~ '~'" r.·.' u.,,_, ,.',. .-.-, ., f - ).- " :i ~ ~ i ù\ . \l () ~ >S\ ~ bI; f- ~ ~ g --'\ J~ ~ I t o "', ¡¡ It '" / ~ . '~ o t ~ It ,À .~ b ~ ( I~ .1 1 ~ ~ ~ b ' ~ 1 Z ! ~ "1 < ~ .~ ~ In '.. ¡< ~ ~ ~ ~ .' " ~ W . N ~ ~ 1\ . cs . ,.......' \J ..... .., . ..' .'..' .. \ - ~ fJ _. (( u. \ > 01_ ~ O HI 'v l , . . ... \11 I . o. '- L. t Il ,_... r .. 4 ~,..,. '.1 CD: '\ (~ I -z: d. , ;J (r ~ ¡,( ~-,..J "t 'H'''_~,~ . "'.c" ... ~" . '.' . " ,. v., ( ... ..... --'..::0:. ., . .. UJ ... ... ... · . '" · z -".... .... "... . f- '.. '. ,.... . '" . -.-..- < ,c.. C') - It) - .J. . - ~. -~._-- . . SCHEMATIC SPECIFICATION' for the Restoration of Historic 239 Bankers' Row Pineapple Grove Historic District, Delray Beach, FL August, 1995 DIVISION 1 GENERAL DATA 1. Construction Documents shall be prepared by a Licensed Professional before construction Notice to Proceed Is Issued. DIVISION 2 SITEWORK 1. Trim all vegetation adjacent to building so that no vegetation Is closer than two feet form building exterior surfaces. Protect all major trees aUer approved pruning. 2, Pick up and remove all debris within and around building. Store any building materials from original building that are re-usable, Photograph and Historically Document. , 3, Until rehabilitation begins, secure building by placing 3/4" exterior plywood over all windows and all doors. 4. Inspect building for termite Infestation and other distress, and treat accordingly, DIVISION 3 CONCRETE (As Needed) 1. New foun~ation for building shall be concrete or concrete block piers on a continuous concrete footing to be designed by a structural engineer. DIVISION 4 MASONRY (Not Applicable) DIVISION 5 METALS (Not Applicable) DIVISION 6 WOOD & PLASTICS (As Needed) A. RouQh Carpentry, () L Q) 1. Replace designated deteriorated portions of wood framing and sheathing with similar Q) e dimension, pressure-treated member, Fasten building envelope to foundation with .- approved hurricane strap as specified by structural engineer, en e 2. Temporarily remove all Interior wall finishes to expose studs. Add additional studs as Q) en necessary to replace deteriorated existing studs. e ~ ::J " () e 0 u william flynn wescott, p. e. . . . . 3, Square all door and window frames (after renovating floor perimeter beam and foundation). 4, (As needed) replace wood stairs; 6" risers, 12" treads, (3) 2 x 12 stringers. 5, Repair ceiling and floor as necessary, ß, Finish Carpentry 1, Replace all missing or deteriorated exterior wood with identical material. Re-fasten all loose siding with non-corrosive fasteners. 2, Replace all missing or deteriorated exterior trim around doors and windows, Caulk and flash as necessary to make openings water-tight. Re-hab and paint entire window unit. 3, (As needed) remove and replace any other deteriorated wood materials, as shown on drawings. DIVISION 7 THERMAL & MOISTURE PROTECTION 1, Since building is to be air conditioned, install R-30 batt insulation in ceiling, Install R-19 batt insulation with vapor barrier in first floor joists, (No blown or pellet type insulation shall be used.) DIVISION 8 DOORS & WINDOWS 1, Repair all windows: a. replace broken or cracked glass, b, replace sash weights and cords as necessary to make windows operable, c, replace all missing, broken or deteriorated wood in window, frame or trim. d. where entire window must be replaced, replace with identical window, 2, Replace exterior doors with s,c. panel doors to be chosen by restoration consultant. Exist doors shall have emergency push openers, DIVISION 9 FINISHES 1, Repair and repaint all interior paneling and siding. 2, Floors: remove all damaged flooring and replace with identical materials, Lightly sand all floors and finish with polyurethane, two coats minimum, 3, Exterior wood: gently wash with mildew preventive solution and water. Lightly hand sand or mechanically sand so as to remove loose paint and feather edges of old paint. (Water or sand mechanical pressure cleaning shall not be used,) Paint all exposed wood with one coat of approved primer and one coat of approved finish paint, semigloss, minimum 3 mil dft. .' . . 4, Interior wood: gently hand sand as above and repaint with on coat approved primer and one coat approved finish, semigloss. DIVISION 10 SPECIALTIES 1. Maintain cabinets in kitchen. Repaint cabinets, in accordance with approved mock- up/sample, 2, Remove all other cabinets, 3, Maintain bathroom toilet partitions and repaint. DIVISION 11 EQUIPMENT (Separate Specification) DIVISION 12 FURNISHINGS (Separate Specification) DIVISION 13 SPECIAL CONSTRUCTION (Not Applicable) DIVISION 14 CONVEYING SYSTEMS (Not Applicable) DIVISION 15 MECHANICAL 1. Install one handicapped restroom, 2, Clean plumbing fixtures and repair water and drain lines as necessary. 3, Install 4-ton (approx,) air tempering system. all duct work shall be exposéd metal ducts or concealed .below floor and ceiling framing or closets, No soffits shall be used to conceal ductwork, DIVISION 16 ELECTRICAL 1. Rewire entire building and replace all devices not in compliance with standard Electrical Code. 2, All new wiring shall be surface mounted in round conduit or concealed, 3, Proved new meter, electrical panel, disconnects and electrical selVice as required by Code, as indicated on drawings, End of this section cc Ali~ (. 1 ...::..-=- NOTICE IS HEREBY GIVEN 1111' the CIfy of DelrlY Beo<h, FlOridi. In- . ftDUI'ICes its intentkln to 1ransftr the "'lowing ...1 properly, Lot 2 .1Id tho North 6 feot Of Lot 3. Block 14, "" tho _ 5 feot ,lie"",, DoI"y, . lIIbdivÌ$ion of Block 14, Ie' (Ording 10 tho Pial lI1ereof, IS recore> eel in Plat Book 11 .t Plve 12 of tho Public Records of Palm Btach County, FlOridi, Tile sale of tho properly is lOr Pllbiic _ _nI 10 . con!r'Cf .... _ into _ tho CIfy IIId Fifteen TlltrtMn Partners limited, Inc. Fur· I tte' infofmation. as. Þlillbte. may be obtlined from tho City Manave.... Of· fice, The CIfy Commission of tho City ¡ 0/ DoI"y SUch, FlOrida, shall hold I public hearing on flit proposed sale at their regvl.r City Commtssion meeting of Nowtmœr 1. '995 at 1:00 p,m, in tho City Commission Chlmbers, City HIli, CITY OF DELRAY BEACH, FLORIDA By: Alison MacGr_ CIfyClerk l'ubiitl1:N_l.1f95 November 6. '195 Tile News BocI RatonlDoIm Boch AD ßI6I9 ;'1 , . . . . . , , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM # /0· B - MEETING OF NOVEMBER 21. 1995 FIRST PUBLIC HEARING & FIRST READING FOR ORDINANCE NO. 67-95 (BEACH CABANA CONCESSION) DATE: NOVEMBER 16, 1995 This is first reading and the first of two public hearings for Ordinance No. 67-95 which amends Section 4.4.22(C) of the Land Development Regulations by adding II Beach cabana concession, under contract with the City, limited to the rental of chairs, umbrellas, cabanas, and flotation devices" and "Portable storage shelter for the beach cabana concession under contract with the City" as accessory uses in the Open Space (OS) zoning district. This modification to the OS zoning district is necessary for the Land Development Regulations to be consistent with the amended Coastal Management Element objectives and policies proposed for adoption as part of Comprehensive Plan Amendment 95-2. The amendments to the Coastal Element came about as the result of direction from the Commission for staff to address the issue of appropriate uses on the beach. The Planning and Zoning Board considered this item on November 13, 1995, with the majority of comments having to do with the definition of "flotation device" . After discussion, the Board voted 6 to 1 to recommend approval of the amendment, subject to a specific definition of "flotation device". That definition will be provided to the Commission at the November 21st meeting. Because this ordinance proposes to change the list of accessory uses within the Open Space zoning category, two public hearings are required pursuant to Florida Statutes Chapter 166. The first public hearing will be held in conjunction with first reading of the ordinance, while the second public hearing will be scheduled as usual at second reading. Recommend approval of Ordinance No. 67-95 on first reading. If passed, a second public hearing will be scheduled for December 5, 1995. '-fllø-éúm 1:& ~) tù/" boo9/E., boRec~ II 5GL6:skrk..-4d .4~ -P/6-1R-oh'on dE.v"~ f.,u)O€'¿ '.lI, ;J~(C.'X7)..)· a¡- ref:agmemo6 J¡, 'I. ;;};:¿((!.;;Xg) d~/e.,,-feð. Po. [J[)llfL 6-0 - "-- --- -- -- '- - .-._--,----~---_.----------- --~. -- .-.--------.- - ~_._---~.._--- -. --- --.-- --- . , -- . . . . ( . , J ..' , . .) " . .,¡:IJi ;J¡(lO; ....--. . : \ I jjll'4 (ßl ' ( jJJ I 1- I "/ I,) uf \ ¡Ijefl, ¡j __ --- ORDINANCE NO. 67-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.22, "OPEN SPACE (OS) DISTRICT" , SUBSECTION 4.4.22(C), "ACCESSORY USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING "BEACH CABANA CONCESSION, UNDER CONTRACT WITH THE CITY, LIMITED TO. THE RENTAL OF CHA~ [()());c_ UMBRELLAS, ,CABANAS, AND F~~" /::70///--1)\ "~~~SLS sœo~.~~ sKSL!ER FOR THB BEACH CABANA CONCE£SION UNÐD- CON'l'RACl' WITH TIIB --CIi'P , AS1;, ) ACCESSORY USE_; 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 a special meeting on November 13, 1995, and voted 6 to 1 to forward the change with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District II, Section 4.4.22, "Open Space (OS) Districtl', Subsection 4.4.22(C), "Accessory Uses and Structures Allowed" , of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (C) Accessory Uses and Structures A1lowed: The following types of use are allowed when a part of, or accessory to, the principal use: (1) Parking lots (2) Restrooms, rest areas, picnic facilities (3) Interpretative trails, jogging and exercise courses (4) Lifeguard stands, headquarters and necessary support facilities ! j . , . ~ . . (_.: .1 , - . . '. (5) Maintenance facilities (6) Boat ramps 11.1 Beach cabana concession. under contract with the City. limited to the rental of chairs. umbrellas. eabanas. and flei:.a'tioR ãe~.-ieel!!l. booq ¡E. bo fl1èDS . 1:U Perta:ele storaiQ IIh91~8r fðr t:ha Leal,;l... cahltft& Gl9Beeøslun uud~r BS....1-rsa,.... uith tae Cit:y. Section 2. That all ordinances or part s 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. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 67-95 . , flJItJl!'4 ~ CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DIAN~G~~~OR DEPARTMENT OF PLANNING AND ZONING FROM: JOHN WALKER, PROJECT COORDINATO~ ø~ SUBJECT: MEETING OF NOVEMBER 21,1995 AMENDMENT TO LAND DEVELOPMENT REGULATIONS, SECTION 4.4.22, OPEN SPACE (OS) DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a request for amendments to LOR Section 4.4.22, regarding beach use restrictions. BACKGROUND: As part of Comprehensive Plan Amendment 95-2, modifications were proposed to various objectives and policies in the Coastal Management Element to clarify the City's direction, As a result, the policies concerning beach uses in the Comprehensive Plan were proposed to allow the beach cabana concession, under contract to the City, with an appropriate shelter. This direction relative to the uses allowed on the beach should be clearly reflected in the Land Development Regulations (LOR), The beach is zoned OS (Open Space), therefore, this zoning district was assessed for consistency with the amended Comprehensive Plan, Modifications are proposed to the LOR's to reflect the amendments to the Comprehensive Plan. The proposed modifications are detailed in the Planning and Zoning Board Memorandum Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of November 13, 1995. The following testimony was received: . · City Commission Documentation Amendment to Land Development Regulations - Section 4.4,22 Page 2 Sandra Almy expressed concern about the definition of the term "flotation devices", She felt the term should be more specific to limit its application. Kathy Stokes directed attention to the recommended language in her letter (attached) relative to the definition of flotation devices. Helen Coopersmith recommended a specific definition for flotation device, Harvey Brown opposed allowing the concession to rent flotation devices at this time. The Board directed staff to further define flotation device. After discussion, the Board voted (6-1) to recommend the amendment of Section 4.4.22 as follows: 4.4.22(C)(7) Beach cabana concession. under contract with the City, limited to the rental of chairs, umbrellas. cabanas. and flotation devices, The recommendation was made subject to a specific definition of ''flotation devices" . That definition will be provided to the City Commission at the November 21st meeting. RECOMMENDED ACTION: 0 By motion, approve the amendment of Land Development Regulation Section 4.4,22 as recommended by the Planning and Zoning Board. Attachments: * P&Z Board Memorandum Staff Report of 11/13/95 S:\ADV\BCHLDR3 . - - . . TO: P&Z Board FROM: Kathy Stokes (1220 Southways) DATE: November 13, 1995 RE: Item A. Comprehensive Plan Amendment 95-2 (Policies B-3.3 and C-lO.l) Item C. LDRs to Add "Beach Cabana Concession" 1. Pennitted beach concessions (Policy B-3.3) should be limited to the traditional beach cabana service. I believe that the language in the current proposal is too broad to implement the City's objective to grandfather in the traditional beach cabana service, The proposed amendment to Policy B-3.3 prohibits sales of food, beverages and sundries but allows "certain limited recreational amenities for beach visitors." The proposal goes on to provide that concessions [note the plural] may be allowed, and services may include [but are not limited to] the rental of chairs, umbrellas, cabanas and flotation devices. The change in policy should be tied directly to the traditional Municipal Beach cabana service which dates back to the 1940's since there is no doubt that this recreational amenity contributes to the enjoyment of the beach and promotes Delray's Village-by-the-Sea atmosphere, However, the potential for "certain other limited recreation amenities for beach visitors" is nothing but a Pandora's box. This vague language will allow business interests now and in the future to pressure the City Commission to approve concessions which could all arguably provided certain limited recreational amenities for visitors. For example, other companies might seek contracts with the city to provide additional cabana services spaced along the entire Municipal Beach. Other proposals for "permitted" services could also include towel rentals; kayak, surfboard, hobie cats and jetski rentals; kite sales; and sports equipment rental including roller blades (since the "beach" includes the sidewalk), To prevent the various issues outlined above from arising, the following language is proposed for Policy B-3, 3: The high quality of the Municipal Beach shall be retained through current use restriction programs, Efforts to provide concessions in the beach area shall be discouraged, and requests for such on the beach shall be denied. However. based on a Municipal Beach tradition dating from the 1940's. a single concession under contract with the City may be allowed to permit the rental of lounges or chairs. umbrellas and cabanas. Cooking on the beach shall be prohibited. Litter law enforcement shall be strictly enforced except for publicly endorsed events. . ... . - . 2. The cabana services should be limited to the traditional offerings of beach chairs, umbreUas and cabanas, and the term "flotation devices" stricken from Policy B-3.3 (see above) and the LDR. Historically, the cabana service has only offered beach chairs, umbre1las and cabanas. In fact, the current contract does not include flotation devices, Consequently, it is not appropriate to include flotation devices in the policy statement and the LDR. Even if some rationale arises for including flotation devices in the cabana service, such a change should only be made if these flotation are more fully described in the policy statement and the LDR (e.g" "flotation devices such as inflatable tubes but excluding surfboards, boats (such as kayaks or hobie cats), sail boards or any other similar devices), Consequently, the following language is proposed for Section 4.4.22(C)(7) of the City's LDRs: Beach cabana concession. under contract with the City. limited to the rental of lounges or chairs. umbre1las and cabanas. 3. "Cabana concession portable shelter" should be deleted from Policy C-IO.l, and LDR Section 4.4.22(C)(8) should be deleted in its entirety. The proposed Comp Plan amendment to add "cabana concession portable shelter" to the original list of exceptions for high-hazard area construction opens the door for a1l kinds of interpretation. What is it we are proposing to allow? Support Document #3 submitted by the City to the DCA states that "the company operating the beach cabana concession [wants] to construct a 10' x 10' storage shed for their operation,.." (which sounds like a "Ted Shed"), However, a P&Z staff member recently described the structure as a place for employees to be out of the sun and have a location where customers can easily spot them (whÍch sounds like a concession stand), The drawing from the company's original request from this past Spring looks like a concession stand with a door and three or four windows whose coverings appear to raise up as awnings. For a company that's in the umbrella business, there is no need for a "storage shelter" to provide shade for its employees. Also, it is the type of business that demands constant monitoring, One wonders too why a structure is required now since for years 10hn's Cabana Service would pull a pick-up truck into one of the parking spaces at the beach and load the chairs at the end of the day. The proposed LDR for the structure is spot zoning at its worst. Here is an LDR providing for a structure which has no size requirements (no maximum square footage is given in the LDR); no location requirements (any where in OS zoning that is beach-related, including Atlantic Park at the south end of the beach); no signage restrictions; no requirements regarding "portable" (i.e., references to the City code on portable structures that are anchored); and removal requirements for hurricane warnings, This building is such an extraordinary exception that the source of many of the zoning requirements for this building will have to be incorporated into the City contract. , , . BEACH PROPERTY OWNERS' ASSOCIATION INC. P.O. Box 375 De1ray Beach, FL 33444 '.. November 10, 1995 Beach Property Owner's Association response to Item #3 on Planning and Zoning Board of Delray Beach: ~ Amendment to Add Beach Cabana Concession as an accessory use in the Open Space Zoning District. Some six months ago the Delray Beach City Commission was con- sidering possible sites for Beach Patrol Headquarters. One of the four possibilities was to build headquarters on the beach, where it simply made sense to have beach support on site. Of course, this option was rejected immediately because it did not conform with the spirit of Delray Beach City objectives for protecting the uniquely pristine nature of our beach. Now we are being asked to accept the placement of a permanent structure on the beach so that a conces- sionnaire can "store equipment and keep necessary items to run the business" to quote the March 15, 1995 application. The Board of Trustees of the Delray Beach Property Owners' Association met recently and unanimously voiced their objections to the placement of such a structure. At very best the Beach Property Owners' Association feels that this structure will set a precedent that might lead to other structures. Why not a storage shed for the beach cleaning vehicles, why not a maintenance shed for the repair of lifeguard equipment? Why not a shop area where people can buy suntan lotion, towels, food or flotation devices? The greatest objection voiced was the commercialization of the beach. The City of Delray Beach Cabana and Beach Equipment Contract in no place specifies a beach structure for the storage and mainte- nance of such necessary equipment. What it describes, is a conces- sion for the rental of beach umbrellas, beach chairs, cabanas and similar equipment. Today we are told in the support document that this concession is under contract to provide services to beach visi- tors, including the rental of chairs, umbrellas, cabanas and flotation devices. We are concerned with this wording, because it expands the services of this vendor. This creeping expansion underscores our concern. For the good of the beach, our most valuable economic resource, let us maintain its' pristine quality. To build this structure serves no need but the needs of the vendor, and that is not nearly compelling enough. . Sincerely, ~::.~ ;. Board of Trustees Beach Property Owners' Association ~ J¡tSaWIEJD) t-,'('1/13 ,tICS PLANNING &ZONfNG _.. '~'-' . . ., "':=-;:"\""'=ê"..~-::" :·::~"::;.i:ii:;.:::;:~':~ . . . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT FOR LDR AMENDMENTS MEETING DATE: Special Meeting of November 13, 1995 AGENDA ITEM: II.C. SUBJECT: Beach Use Restrictions LDR REFERENCE: Section 4.4,22 ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission on a proposed modification to the City's Land Development Regulations (LDRs), Pursuant to LOR Section 1.1.6, no amendment may be made until a recommendation is obtained from the Planning and Zoning Board. Pursuant to F.S, 163,3194(2), the Planning and Zoning Board is to review the proposed amendment with respect to its relationship to the adopted Comprehensive Plan of the City. BACKGROUND: The City Commission, at its meeting of April 18, 1995, considered an appeal of the Site Plan Review and Appearance Board's approval of a structure for the beach cabana concession which is under contract with the City. The concessionaire had proposed the construction of a storage shed for their operation. The structure could not be allowed under the present LOR. As a result of that consideration, the structure was denied, but staff was directed to address the issue of appropriate uses on the beach as part of a Comprehensive Plan Amendment. As part of Comprehensive Plan Amendment 95-2, the purpose and intent of the City as relates to beach uses was addressed. Modifications were made to various objectives and policies in the Coastal Management Element to clarify the City's direction (see attachment "A"). As a result, the direction concerning beach uses in the Comprehensive Plan allows limited beach concessions, under contract to the City, with an appropriate storage shelter. This direction relative to the uses allowed on the beach should be clearly reflected in the Land Development Regulations (LOR). The beach is zoned OS (Open Space), therefore, this zoning district was assessed for consistency with the amended Comprehensive Plan. H.C, . . . . . P&Z Board Memorandum Staff Report LDR Amendments - Section 4.4,22 - Beach Use Restrictions Page 2 Currently, principal uses in the OS district include passive parks, water bodies, excess property along rights of way, drainage retention areas, and the beach, Accessory uses and structures include the support facilities expected with the principal uses. These include parking lots, restrooms, trails, lifeguard stands, and maintenance facilities. PROPOSED AMENDMENT: Section 4.4.22(C) Accessory Uses and Structures Allowed 4.4.22(C)(7) Beach cabana concession. under contract with the City. limited to the rental of chairs. umbrellas. cabanas. and floatation devices. 4.4.22(C)(8) Portable storage shelter for the beach cabana concession, under contract with the City, ANAL YSIS: Presently, the LDR is silent regarding the issue of beach concessions. The City has long sponsored a concession which rents lounges, cabanas and flotation devices, The concessionaire has for a number of years utilized a storage container for equipment. To that extent, the concession use has been considered grandfathered. The proposed amendment includes all of the Comprehensive Plan direction concerning beach uses in the OS zoning district requirements by adding limited beach concessions and attendant structures to the Accessory Use section. AL TERNA TIVE ACTIONS: 1. Continue with direction. 2, Recommend approval based upon a finding that the proposed modification a) is consistent with and furthers the Comprehensive Plan, 3, Recommend denial with basis stated. RECOMMENDED ACTION: By motion: Recommend approval, based upon a finding that the proposed modification is consistent with and furthers the Comprehensive Plan. Attachment S :\adv\bchldr1 . . . . . ATTACHMENT "A" AMENDMENTS TO THE COASTAL MANAGEMENT ELEMENT Objective B-3: Recognizing that "tourism" is a mainstay of the City's economic base and that the "beach area" is the focal point of that tourism, the City shall enhance its standing in the competition for that part of the tourist industry which has disposable income to be spent while on vacation. The City shall protect the beach as an economic resource by continuing to provide a valuable amenity for beach users. including reasonable support facilities, without jeopardizing the essentially passive character of the beach and its value as a natural resource. This objective shall be achieved through activities as expressed in the following policies, Policy B-3.3: The high quality of the Municipal Beach shall be retained through current use restriction programs, Efforts to provide oonoossions in the beaoh area shall bo disoouragod, and r:e~uests for sUÐh on the beash shall be denied, Concessions which jeopardize the essentially passive character of the beach shall be prohibited. These include. but are not limited to. sales of food. beverages and sundries. Concessions. under contract with the City. may be allowed to provide certain limited recreational amenities for beach visitors. The services provided may include the rental of chairs. umbrellas. cabanas, and flotation devices, Cooking on the beach shall be prohibited and litter law enforcement shall be strictly enforced except for publicly endorsed events. Objective C-7: Shoreline uses shall only be for beach purposes. Beach purposes include, but are not limited to, normal beach recreation, lifeguard towers, access facilities, dune and beach restoration, and beach cleaning and maintenance. (b3) Policy C-7.1: The highest priority for shoreline use in the City of Delray Beach shall be for beach purposes which shall include recreation and conservation. There shall be no commercial development nor water-dependent development (except the beach) or water-related uses. except those permitted pursuant to Policy B-3.3. along the shoreline which abuts the beach, Residential development shall not exceed a height greater than 48', except as provided in Policy C-3,7, from the elevation of the crown of Highway A-1-A and shall be constructed in accordance with the City's Coastal Protection Ordinance, (c8) [LOR Section 4,5,5(0)] . r . . Policy C-1 0,1 : There shall be no private nor public construction in the coastal high- hazard area except for lifeguard towers, cabana concession portable shelter, restrooms, beautification and beach and dune restoration programs. (c7) Page 2 I . --~. -,. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM it loc~ - MEETING OF NOVEMBER 21. 1995 FIRST READING/FIRST PUBLIC HEARING FOR ORDINANCE NO. 72-95 (AMENDING GENERAL COMMERCIAL ZONING DISTRICT FOR THE WEST ATLANTIC AVENUE OVERLAY DISTRICT) DATE: NOVEMBER 17, 1995 This is one of five ordinances proposed for approval on first reading which amend various sections of the Land Development Regulations in connection with the West Atlantic Avenue Redevelopment Plan. This particular ordinance (#72-95) amends the General Commercial zoning district as it applies to the area north and south of Atlantic Avenue. The proposed West Atlantic Avenue Overlay District and the associated text amendments establish limitations on intensity, permitted uses, scale and site design that will minimize impacts on adjacent neighborhoods and promote a pedestrian-oriented shopping district as required by the plan. Because this ordinance changes the list of allowable uses within the district, two public hearings are required pursuant to F.S. Chapter 166. The other four ordinances amend various provisions pertaining to development standards and, therefore, require only the one public hearing which will be held at second reading. The preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject test amendments are required to implement the plan. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The Planning and Zoning Board reviewed this item at its meeting of November 13, 1995, and voted unanimously to recommend that the text amendment be approved. Recommend approval of Ordinance No. 72-95 on first reading/first public hearing, based on positive findings regarding consistency with the Comprehensive Plan, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2). If passed, a second public hearing will be held on December 5, 1995. ~ 6-0) w/~ ÁL ~ . ~aU~ ~,~ ,/ ref:agmemo16 &d- mcØ- ð þøð- em ~ ~ 5-0 I' . -".-- ......-.. ... . ..., ~ . " I -- _._+--,~--- -....---.- --......-..,.---. .~ ......__n _ ~ _ _ '\ .~ ' .-- " . - "- ~ . ..-- l> . . r. . . ~. - -. r: -- -,. ORDINANCE NO. 72-95 -- .' . . . 0, u AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF -- DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9, -GENERAL COMMERCIAL (GC) DISTRICTN, OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY INCORPORATING USE RESTRICTIONS AND DEVELOPMENT STANDARDS TO BE APPLIED IN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT; 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 a special meeting on November 13, 1995, and voted unanimously to forward the change with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, -Zoning Regulations", Article 4.4, -Base Zoning District", Section 4.4.9, -General Commercial (GC) District" , of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 4.4.9 General Commercial (GC) District: (A) Purpose and Intent: The General Commercial (GC) District provides basic regulations for small parcels which are best suited for general retail and office uses but which are not of sufficient size to be designed in a planned sense. The GC designation is applied to small parcels, most of which are developed, where adherence to standard regulations is most appropriate. The GC designation is to be applied primarily along arterial and collector streets. Uses may be conducted singularly or in combination wi thin the same structure. (B) Principal Uses and Structures Perai tted: The following tý~¢_/øt/~Ø¢ are allowed within the GC District as _ permitted use~ except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a): I' I r -, - - -.."- ~ ~ -- .. ".:.JI .- . - ~.- -1 ¡ ( - ì - ' _... .......: ' i -" (1) General retail uses including, but not limited to: * Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor coveri:tlg, cheeses, beer, wine, liquor, confectionaries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting good s , toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business and Professional uses including, but not limited to: * Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, professional offices. (3) Contractor's Offices including, but not limited to: * Air conditioning, general contractor, electrical, painting, and plumbing i however, any outside storage of materials is prohibited. (4) Services and Facilities including, but not limited to: * Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, financing (e.g. banks and similar institutions including drive-through - 2 - Ord. No. 72-95 , ' , - -- --- -".---. .." '.-. .. - -.' . _0.. ..__' ___ , ".- ~ '. -.... .--' :1 ,. -. ---- .- ~ - t._.:,i . . - . ' - - facilities), laundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive-through, tailoring, tòbacconist, vocational schools (limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo), and small item repair. * Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities (e.g. gyms and clubs), indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Dwelling units in the same structure as commercial uses provided that more than 50% of the gross floor area is devoted to commercial uses. (C) Accessory Uses and Structures Peraitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots (2) Refuse and service areas (3) Provision of services and repair of items incidental to the principal use . (4) storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site (5) Single family detached dwellings fo~ residence by business owners, proprietors or employees. (D) Condi tional Uses and Structures Allowed: The following ~~ø~ are allowed as conditional uses within the GC District F~t~~_Ø~ tø /t)íø /~tøýf._f.øø_ /Ø1 /1-1,./'/.,,1· except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a): - 3 - Ord. No. 72-95 , ' . - ,..--:.. ~ ..-." - - ."-" - --- .'J ,-- , -., . . f . . " " ·4" -' . . '. "- .. ,- -- (1) Adult entertainment establishments (2) Alcohol and drug abuse treatment facilities (3) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty (4) Wash establishments or facilities for vehicles (5) Child care and adult day care (6) Clubs and lodges; social, fraternal, and recreational (7) Communication and transmission facilities (8) Drive-in theaters (9) Flea markets, bazaars, merchandise marts, and similar retail uses (10 ) Funeral homes (11) Gasoline stations or the dispensing of gasoline directly into vehicles (12) Hotels and motels (13) Free-standing multiple family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this section (14) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks (15) Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station (16) Veterinary clinics - 4 - Ord. No. 72-95 , I -,....,->-~~ . ,. _.. __ _ -.J :-_"__.--.J._ __~ .a.- ___ I ~·.t - , I , "i~.~ \ I h " - -- ~ "~ ~- -- .- (E) Review and Approval Process: - (1) In established structures, uses shall be allowed -- therein upon application to, and approval by, the Chief Building .' Official for a certificate of occupancy. - H (2) For any new development, plan approval must be granted by the Site Plan Review and Appearance Board pursuant to Sections 2.4.s(F), (G) and (I). (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). i.il All a~plications for commercial or multiple family residential development. including signs. within the West Atlantic Avenue Overlay District will be forwarded to the West Atlantic Avenue Architectural Committee (ARC) and the Community Redevelopment Agency for comment. (F) Development Standards: In addition to 1~he development standards __ set forth in Section 4.3.4. the following development standards shall apply _¡Ø_g/~tt~/t~;/tØ¡¡Ø~t_g in the GC District: (1) When there is no dedicated access available to the rear of any structure, a side setback of ten feet (10' ) shall be provided. [173.473(D») .ill West Atlantic Avenue OVerlay District Develqpment Standards: The followinc¡ development standards apply in the West Atlantic Avenue Overlay District as defined in Section 4.s.6(B): 1.A.l Parcels that have frontae¡e alone¡ Atlantic Avenue shall have a front setback of five feet (5') from the ultimate right-of-way line. The front setback area shall be paved with paver blocks to match the existine¡ sidewalks within the Atlantic Avenue right-of-way. .ilù The minimum ~pen space requirement is ten perçent (10%) of the site area. All landscape requirements for parking lots and buffering of residential properties. pursuant to Sections 4.6.5 and 4.6.16. shall apply. (G) Supple.ental District Regulations: In addition to 1~he supplemental district regulations __ set forth in Article 4.6. the fo1lowine¡ supplemental district rec¡ulations shall apply in the GC District: - 5 - Ord. No. 72-95 . ' ,- I ' _.. . - ~/." ",_. . ~. .. .._..." 4....-. '_ I , - t ,.. . . - .'- #." .- .. - ill. West Atlantic Avenue OVerlay District Sqpplemental District Requlations: The following supplemental district requlations ' - ,H apply in the West Atlantic Avenue Overlay District as defined in ~ Section 4.5.6CB}: - . . 1Al The following principal and conditional uses are prohibited in the overlay district: . " * Retail or Wholesale Firearm or - Ammunition Sales * Retail or Wholesale Automotive Parts - Sales * Lawn Care Equipment Sales - * Contractor's Offices - * Abused Spouse Residences - * Shootinq Ranges - * Adult Entertainment - * . - * - .ilù. Dwelling units are permitted within the same structure as commercial uses. In the event that residential and non-residential uses are located in the same structure. residential uses and non-residential uses must be physically separated. have separate accessways. and residential units shall not be located on the c¡round floor. The Site Plan Review and Appearance Board may exempt -- dwellinq units in this district from the restrictions contained in Section 4.4.9CB)(S). in conjunction with the approval of a site and development plan. .úù. Commercial structures are limited to a maximum depth of 150 feet from the ultimate riqht-of-way of Atlantic Avenue. unless the parcel has frontaqe on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas. landscaping. and drainat¡e retention areas may extend beyond the 150 foot limit. Expansion of structures beyond the 150 foot limit may be allowed as a conditional use. subject to the required findinqs of Section 2.4.sCE)(SL 1.4l Six (6) parking spaces per 1.000 square feet of c¡ross floor area are required for restaurants and one (1) parkinq space per 300 square feet of gross floor area is required for all other non-residential uses~ Parking spaces for residential uses are required at the rates established in Section 4.6.9CC)C2). - 6 - Ord. No. 72-95 I' . ,-.- f - - .' . _. ~. , __' &' . .. _ R ....'__ -.. . -- . 1 .":' " .;.... (: j -.- . , - . j -" - ."3' - ....·c. · . "- ~(. ill If it is impossible or inappropriate to provide required parking on site or off-site. the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. Lf.l There is no restriction on repair and/or · - reconstruction of non-conforming single family residences located .- a .' minimum of 150 feet from Atlantic Avenue. - . 1.g.l Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of -- the structure is impossible or inappropriate. the Site Plan Revie~ and ' , ~ppearance Board may approve an alternate location. · ' " (H) Special Regulations: (1) The first ten feet of the front yard setback which -, is adjacent to a right-of-way shall be a landscaped area. except - within the West Atlantic Avenue Overlay District as defined in Section 4.s.6(BL Within t~;l_ the required front landscape area, no paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line. ~ 1.li In structures located in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B) that have an entrance from and/or windows facing Atlantic Avenue. the sale of second hand material. except verifiable antiques and/or collectibles (coins. sta~s. sports memorabilia. etc.) is prohibited. sectto'W 2. A-d.d.. €rI'LP, 4€t~Il~ . 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. - 7 - Ord. No. 72-95 . , "- "- f -- ".-..:. .. .. "_.. _._ 6 ...._ _ . I " "-"- l - " ( . ~ . . '-d . _. - , 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 - 8 - Ord. No. 12-95 , ' -' --. -, . . . ...- . " - --. . -.. ~,. . ~cc CITY COMMISSION DOCUMENTATION TO: D . ~ID 'SHAR~TY MANAGER THRU: D'Ä OMIN Z, D~ DE~~RTMENTOFP~G ~~p . FROM: ' ~EF R NS, SE~IOR PLANNER SUBJECT: MEETING OF NOVEMBER 21,1995 LDR TEXT AMENDMENTS TO LDR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION 4.5.6 THE WEST ATLANTIC A VENUE OVERLAY DISTRICT, AND LDR SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ASSOCIATED WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval on first reading of proposed text amendments associated with the West Atlantic Avenue Redevelopment Plan, pursuant to LDR Section 1,1.6(A). BACKGROUND: With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was designated as Redevelopment Area # 1 on the Future Land Use Map, Future Land Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The required redevelopment plan has been completed and was adopted by the City Commission at its meeting of July 11, 1995. The adopted redevelopment plan calls for the establishment of a pedestrian friendly commercial area along West Atlantic Avenue with an emphasis on minimizing impacts from that commercial area on established residential neighborhoods, The plan calls for the establishment of an overlay zoning district in the area that will help promote those goals. The proposed changes will modify the GC zoning district as it applies to the area north and south of Atlantic Avenue. The proposed West Atlantic Overlay District and the associated text amendments establish limitations on intensity, permitted uses, scale, and , ' I '",' -, ." .. City Commission Documentation LDR Amendments Associated with the West Atlantic Avenue Redevelopment Plan Page 2 site design that will minimize impacts on adjacent neighborhoods and promote a pedestrian-oriented shopping district, as required by the plan, The preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject text amendments are required to implement the Plan. Thus, the proposed amendments further the Goals, Objectives, and Policies of the Comprehensive Plan. The City Commission can make positive findings regarding consistency with the Comprehensive Plan, pursuant to LOR Section 1.1.6 and F .S, 163.3194(2). PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its special meeting of November 13, 1995. The Board unanimously (7-0) voted to recommend approval of the proposed amendments. RECOMMENDED ACTION: By motion: Approve on first reading the proposed text amendments to LOR Section 4.3.4(H)(6)(a) Special Building Setbacks, LOR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations, LOR Section 4,5,6 West Atlantic Avenue Overlay District, LOR Section 4.6,9(E)(3) In-Lieu m, and LOR Section 4.4.9 General Commercial (GC) District, based on a finding that the proposed modifications are consistent with and further the Comprehensive Plan by implementing the provisions of the West Atlantic Avenue Redevelopment Plan, as required by Future Land Use Element Policy C-2.4, Attachment: o P&Z Board Memorandum Staff Report , ' . . .. - ".,." . -..... ., . . . MEETING DATE: NOVEMBER 13, 1995 AGENDA ITEM: II.D. . SUBJECT: LDR TEXT AMENDMENTS ASSOCIATED WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN LDR REFERENCE: LDR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION 4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, AND LDR SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ITEM BEFORE THE BOARD: The item before the Board is making a recommendation to the City Commission on proposed modifications to the City's Land Development Regulations (LDRs). Pursuant to LOR Section 1.1.6. no amendment may be made until a recommendation is obtained from the Planning and Zoning Board. Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the proposed amendment with respect to its relationship to the adopted Comprehensive Plan of the City. '. BACKGROUND: . With the adoption of the Comprehensive Plan in 1989. the West Atlantic Avenue area , was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The required redevelopment plan has been completed and was adopted by the City Commission at its meeting of July 11. 1995. The adopted redevelopment plan calls for the establishment of a pedestrian friendly commercial area along West Atlantic Avenue with an emphasis on minimizing impacts from that commercial area on established residential neighborhoods. The plan calls for the establishment of an overlay zoning district in the area that will help promote those goals, The proposed changes will modify the GC zoning district as it applies to the area north and south of Atlantic Avenue. 11.0, , ' . . . . '. , . . P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 2 REVIEW BY OTHERS: The proposed LDR amendments are not in a geographic area requiring review by the Downtown Development Authority or the Historic Preservation Board. Community Redevelopment Agency: .~ The LDR amendments are in a geographic area requiring review by the CRA. The CRA Board reviewed this item at its meeting of October 26, 1995 and unanimously recommended approval. Visions West Atlantic: The Visions Steering Committee reviewed the proposed LDR amendments at its meeting of October 23, 1995. The Committee unanimously recommended approval of the proposed amendments, with the addition of two additional provisions - prohibition of second hand shops on Atlantic Avenue and prohibition of picking up and dropping off workers from a temporary employment office in the Overlay District. Neighborhood Notice: As the proposed amendment affects an area greater than 10 acres, no formal public notice to property owners within a 500' radius of the subject properties is required. Courtesy notices have been sent to: o Clay Wideman o Carolyn Zimmerman Delray Merchants Association West Atlantic Avenue ARC Peach Umbrella Association o Norma Banoura o Charlotte Durante . 600 Block Association Peach Umbrella Association who have requested notification of petitions in that area. Letters of objection, if any, will be presented at the P & Z Board meeting. ANAL YSIS: The adopted West Atlantic Avenue Redevelopment Plan calls for the establishment of an overlay zoning district to promote a pedestrian-friendly commercial area adjacent to Atlantic Avenue. The proposed West Atlantic Overlay District and the associated text amendments establish limitations on intensity, permitted uses, scale, and site design that will minimize impacts on adjacent neighborhoods and promote a pedestrian- oriented shopping district. As the preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use . ' . P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 3 Element Policy C-2.4 and the subject text amendments are required to implement the Plan, the proposed amendments further the Goals, Objectives, and Policies of the Comprehensive Plan. Thus, the Board can make a positive recommendation to the City Commission, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2). AL TERNA TIVE ACTIONS: ~ 1. Recommend denial in that the modification is not consistent with the Comprehensive Plan. 2. Recommend approval based upon a finding that the proposed modification is consistent with and furthers the Comprehensive Plan. 3, Continue with direction., RECOMMENDED ACTION: By motion: Recommend approval of the proposed text amendments to LDR Section 4.3.4(H)(6)(a) Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations, LDR Section 4.5.6 West Atlantic Avenue Overlay District, LDR Section 4.6.9(E)(3) In-Lieu Fee, and LDR Section 4.4.9 General Commercial (GC) District, based on a finding that the proposed modifications are consistent with and further the Comprehensive Plan by implementing the provisions of the West, Atlantic Avenue Redevelopment Plan, as required by.Future Land Use Element Policy C-2.4. Report prepared by: Jeff Perkins. Senior Planner Date November 9,1995 ~ . , ' . -. .. P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 4 LDR Section 4.3.4(H)(6)(a) Special Building Setbacks: ..... 1\long West Atlantic Avenue extending from Swinton Avenue to the I 9& Interchange, a sixty oight foot (68') setback shall bo providod on both sides of the center line. LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations . (4) Area "D" - the property on properties either side of !\tlantic Avenue, beh":oon S'N 1st Streot and NVV 1 Et Street, extending from I 95 to S'Ninton P.'JeRue. located south of Atlantic Avenue. north of SW 1 st Street. west of SW 1 st Avenue. and east of SW 4th Avenue: and the properties located north of Atlantic Avenue. south of NW 1st Street. west of NW 1st Avenue. and east of NW 3rd Avenue. LDR Section 4.4.9 General Commercial (GC) District: (B) Principal Uses and Structures Permitted: The following types of useE are ,allowed within the GC District a~ permitted uses, except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a): (D)Conditional Uses and Structures Permitted: The following Y&8& are allowed as conditional uses within the GC District pursuant to the provisions of 2A.5(E). except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1 )(a): (E)Review and Approval Process: (4) All applications for commercial or multiple family residential development. including signs, within tt).e West Atlantic Avenue Overlay District will, be forwarded to the West Atlantic Avenue Architectural Committee (ARC) and the Community Redevelopment Agency for comment. . (F)Development Sta-ndards: In addition to +íhe development standards as set forth in S~ction 4.3.4. the following development standards shall apply along with the fOllm":ing in the GC District:: (2) West Atlantic Avenue Overlay District Development Standards: ~ . following development standards apply in the West Atlantic Avenue Overlay District as defined in Section 4,5,6(8): (a) Parcels that have frontage along Atlantic Avenue shall have a front setback of 5 feet from the ultimate right-of-way line, The front setback area shall be paved with paver blocks to match the existing sidewalks within the Atlantic Avenue right-of-way. , ' . ,>. . . . P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 5 (b) The minimum open space requirement is 10% of the site area, All landscape requirements for parking lots and buffering of residential properties. pursuant to Sections 4.6,5 and 4.6,16. shall apply, (G)Supplemental District Regulations: In addition to t :¡::he supplemental district regulations as set forth in Article 4.6. the following supplemental district regulations shall apply in the GC District: . (1) West Atlantic Avenue Overlay District Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5,6(B): (a) The following principal and conditional uses are prohibited in the overlay district: .!... Retail or Wholesale Firearm or Ammunition Sales .!... Retail or Wholesale Automotive Parts Sales .!... Lawn Care Equipment Sales .!... Contractor's Offices .!... Abused Spouse Residences .!... Shooting Ranges .!... Adult Entertainment Establishments . Service Stations .!... The picking up or dropping off, or otherwise transporting of workers. assigned through an employment agency from an assembly point to the work site (b) Dwelling units are peunitted within the same structure as commercial uses. In the event that residential and non-residential uses are located in the same structure. residential uses and> non-residential uses must be physically ~eparated. have separate accessways. and residential units . shall not be located on the ground floor. The Site Plan Review and Appearance Board may exempt dwelling units in this district from the restrictions contained in Section 4.4,9(8)(5). in conjunction with the approval ofa site and development plan. (c) Commercial structures are limited to a maximum depth of 150 feet from the ultimate right-of-way of Atlantic Avenue, unless the parcel has frontage on NW 5th Avenue or SW 5th Avenue. Accessory uses such as parking areas. landscaping. and drainage retention areas may extend beyond the 150 foot limit. Expansion \ of structures beyond the 150 foot limit m:y be all~w~~as a conditional ute. subiect t~ t,h\reqUired findings of Section 2.4.5(E)(5). ...4 "-S\4-.\::~\~; ~'f\ ~'\...\-- (d) Six parking spaces per 1.000 square feet of gross floor area are required for restaurants and 1 parking space per 300 square feet of gross floor . , , ,. '. - ., P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 6 area is required for all other non-residential uses. Parking spaces for residential uses are required at the rates established in Section 4.6,9(C)(2). ~ If it is impossible or inappropriate to provide required parking on site or off- site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied, . fl. There is no restriction on repair and/or reconstruction of non-conforming single family residences located a minimum of 150 feet from Atlantic Avenue. gl. Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate. the Site Plan Review and Appearance Board may approve an alternate location. (H) Special Regulations: (1) The first ten feet of the front yard setback which is adjacent to the right-of- way shall be a landsèaped area, except within the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B). Within tRis-the reQuired front landscape area, no paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line. (2) In structures located in the West Atlantic Avenue Overlay District as defined in Section 4,5.6(B) that have an entrance from and/or windows facing Atlantic Avenue. the sale of second hand material. except verifiable antiques and/or collectibles (coins. stamps. sports memorabilia. etc.) is prohibited. Section' 4.5.6 The West Atlantic Avenue Overlay District: (Ä) General: With the adoption of the City's Comprehensive Plan. by Ordinance 82-89 on November 28. 1989. the City identified the West Atlantic Avenue Corridor as an area in need of redevelopment and revitalization, In accordance with Future Land Use Element Policy C-2.4, a redevelopment plan was prepared for the area and adopted by the City Commission at its meeting of July 11. 1995. This Section is created to implement the provisions of the adopted West Atlantic Redevelopment Plan, All development within the West Atlantic Overlay District. as defined in Section (B). below. shall take place according to the provisions ofthe adopted plan. (B) Defined: The West Atlantic Avenue Overlay District is hereby established as the area bounded by 1-95 on the west. Swinton Avenue on the east. SW 1 st Street on the south. and NW 1st Street on the north. and extending one block north of NW 1st Street. along NW 5th Avenue to include Blocks 19 and 27. Town of Delray. The , }. .... ., ~ ." . . P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 7 regulations established in Sections 4.4.9(E)(4) and 4.4.9(G)(1) shall apply to all GC zoned parcels within the Overlay District (C) West Atlantic Avenue Architectural Review Committee (ARC): (1) An Architectural Review Committee is hereby established to review all development proposals located in the Overlay District. The ARC acts in an advisory capacity to the Board(s) taking action on a development proposal. (2) The ARC will consist of 7 members serving 2 year terms. Three of the initial members will serve 1 year terms in order to stagger the terms of committee members, ARC members are nominated by the CRA Board of Commissioners. âl. Members of the ARC shall be residents. property owners, or business owners within the area bounded by SW 10th Street. 1-95, Swinton Avenue. and Lake Ida Road, bL Membership of the Committee will be as follows: . Two land development professionals (architect.' engineer. surveyor, landscape architect. contractor, etc.): .!.. Two owners of businesses located in the West Atlantic Avenue Overlay District and .!.. Three at large (3) All applications, inchJding signs. for commercial or multiple family residential development within the West Atlantic Avenue Overlay District will be referred to the ARC and the Community Redevelopment Agency, . for advis0ty review and comment. (4) The ARC will meet as required to review submis~ions. rather than at regular intervals, LDR Section 4.6.9(E)(3) In-lieu Fee: If it is impossible or inappropriate to provide the required number of on-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is ÐRty authorized .QQl¥ in the CBD eF.. OSSHAD. and GC (West Atlantic Overlay District) Zoning Districts in compliance with the Supplemental District Regulations therein. , ' -, d - , . ~.- . -._. _. . 4 . _ _. -- - . . .., -,-~ M E M 0 RAN DUM TO: ~OR AND CITY COMMISSIONERS -, FROM: CITY MANAGER SUBJECT: AGENDA ITEM :I IdA - MEETING OF NOVEMBER 21. 1995 'FIRST READING FOR ORDINANCE NO. 68-95 (ANNEXATION AND INITIAL ZONING FOR SPENCE PROPERTY) DATE: NOVEMBER 17, 1995 This is first reading for Ordinance No. 68-95 which annexes a 14.47 acre parcel of land known as the Spence property and establishes initial zoning of RM (Medium Density Residential) District for a 12.47 acre portion of the land and NC (Neighborhood Commercial) District for the remaining two acres. The property is located on the west side of Military Trail, approximately 1,400 feet north of Atlantic Avenue, immediately north of and adjacent to the L-33 Canal. The NC zoning designation is to be applied to a two acre area at the southeast corner of the site. A Future Land Use Map amendment for the Spence property is being processed concurrently as part of Comprehensive Plan Amendment 95-2 and represents a change from County HR-8 (High Density Residential - 8 dwelling units/acre) and CH-8 (Commercial High Intensity with a residential equivalent of 8 units per acre) to City Medium Density Residential 5-12 dwelling units/acre and Transitional. The Planning and Zoning Board considered this item at public hearing on August 28, 1995, and voted 6 to 0 to recommend that it be approved. Recommend approval of Ordinance No. 68-95 on first reading. If passed, a public hearing will be held on December 5, 1995. Po ôòtdL 6-0 ref:agmemo22 , ' ".--. .. .. - ( -- .~. -' r ' i - i . i ' . . . ""'" I ..- , - - . . . ORDINANCE NO. 68-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A 14.47 ACRE PARCEL OF LAND KNOWN AS THE SPENCE PROPERTY, LOCATED ON THE WEST SIDE OF MILITARY TRAIL, NORTH OF AND ADJACENT TO THE L-33 CANAL, AND APPROXIMATELY 1,400 FEET NORTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND ì PROVIDING FOR THE ZONING OF A 12.47 ACRE PORTION OF THE LAND TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, AND A 2.0 ACRE PORTION OF THE LAND TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Reqina W. Spence, Trustee, is the fee-simple owner of a parcel of land as more particularly described herein; and WHEREAS, Edward O'Cleary, Esquire, as duly authorized aqent for the fee-simple owner hereinabove named, has requested by petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiquous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the desiqnation of a zoninq classification is part of the annexation proceedinq, and provisions of Land Development Requlations Chapter Two have been followed in establishinq the proposed zoninq desiqnations; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the followinq described land located in Palm Beach County, Florida, which lies contiquous to said City to-wit: , ' ~ ~ .. . - , , - . r ) . PARCEL aA": That part of the Southeast One-Quarter (SE 1/4) of the Southeast One-Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4) and the East Half (E 1/2) of the Southwest One-Quarter (SW 1/4) of the Southeast One-Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4), Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, lying west of the west right-of-way line of Military Trail, LESS the Southerly 299.99 feet of the Easterly 290.40 feet thereof. Containing 12.47 acres, more or less. PARCEL liB": The Southerly 299.99 feet of the Easterly 290.40 feet of that part of the Southeast One-Quarter (SE 1/4) of the Southeast One-Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4) lying west of the west i right-of-way line of Military Trail and the East Half I (E 1/2) of the Southwest One-Quarter (SW 1/4) of the I Southeast One-Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4 ), Section 14, Township 46 South I , Range 42 East, Palm Beach County, Florida. I Containing 2.0 acres, more or less. The subject property is located on the west side of Military Trail, north of and adjacent to the L-33 Canal, approximately 1,400 feet north of Atlantic Avenue; containing 14.47 acres, more or less. Section 2. That the boundaries of the City of Delray Beach, ¡ Florida, are hereby redefined to include therein the above-described parcels and said land is hereby declared to be within the corporate limits of the City of Delray Beachl Florida. Section 3. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described as Parcel ·A" is hereby declared to be in Zoning District RM (Medium Density Residential) as defined by existing ordinances of the City of Delray Beach. - 2 - Ord. No. 68-95 I " , , ..._....~. __._ ._.J..;"-_" ~#.. .. . ~. . .. ..-. , -_.~,,"'----'---"-. . 1 . --- - , ) . ' : - , Section 4. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoninq classification in this ordinance and the tract of land hereinabove described as Parcel -BM is hereby declared to be in Zoninq District NC (Neiqhborhood Commercial) as defined by existinq ordinances of the City of Delray Beach. Section 5. That the land hereinabove described shall immediately become subject to all of the franchises, privileqes, : iøununities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, i includinq the Stormwater Manaqement Assessment levied by the City 'pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 6. That this annexation of the subject property, includinq adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That should any section or provision of this ordinance or any portion thereof, any paraqraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 9. That this ordinance shall become effective as follows: As to annexation, immediately upon passaqe on second and final readinq¡ as to zoning, immediately upon the effective date of Ordinance No. 69-95, under which official land use desiqnations of Medium Density Residential 5-12 units/acre and Transitional are affixed to the subject property hereinabove described. PASSED AND ADOPTED in reqular session on second and final readinq on this the day of , 1995. MAYOR ATTEST: City Clerk First Readinq Second Readinq 68-95 - 3 - Ord. No. . , '- ~ -~ . ~ ., . , .... , --" . . ;: . 0 r I I I I I I I ~' , ¡ t.t^ZZ^ ORIV( EXTRA CLOSET Ii ...J STORACE ('-- ... UKIvt. ): ~ ~ ,. POST ". ~ t- OFFICE ~ )r--1A1ci . . BOYS ~ FARJÆRS , . . '. .,JARK£T '" ,/ j 7RAIl.S £NO /r If PLAZA , - ~ U K.F:.c. .. CAN", . D£LRA Y ~ K-MART SOUARE PLAZA >- a:: - ~(¡ ~" < ¿?~ /l- ~~ f- MARKETPLACE O~ D£LRA Y OF ~ DELRA Y ...J INDOOR - FlEA ~ ~lST PU8L1X . MARK£T AWAHCE ~ alURaI vO +'f GREA T FIRST ~ wrSTrRN UNION ATLANTIC AVENUE - . r 8ABY SUPERSTORE - PLAZA - - 0, N ~ SPCNCE PROPERTY ''-''''''....e t)(t·"I(I~r:ul cu", 0" ()(\.,"", U( At')t, n ~ -, 11";"'" IJAW' UAJ- ';~ifl u -----_. "-. '.. -._-_. . ,- .>. ....-..... ,.._ ·wo ...:_ .' , . ' 01< f7~1 CITY COMMISSION DOCUMENTATION TO: THRU: FROM: Y A. COSTEllO R PLANNER SUBJECT: MEETING OF NOVEMBER 21, 1995 ANNEXATION WITH INITIAL ZONING OF RM (MEDIUM DENSITY RESIDENTIAL) AND NC (NEIGHBORHOOD COMMERCIAL) FOR A PARCEL OF LAND lOCATED ON THE WEST SIDE OF MILITARY TRAIL. APPROXIMA TEL Y 1.400 FEET NORTH OF WEST ATLANTIC AVENUE (SPENCE PROPERTY). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance annexing a 14.47 acre parcel of land, with initial zoning of RM (Medium Density Residential) and NC (Neighborhood Commercial), The subject property is located on the west side of Military Trail, approximately 1,400 feet north of West Atlantic Avenue. BACKGROUND: The property under consideration is an unplatted 14.47 acre parcel of land which is currently vacant and was utilized as a farm prior to 1980. The property is currently under Palm Beach County jurisdiction and is located within the City's planning and service area. With the adoption of the City's Comprehensive Plan in 1989, the City's "advisory" land use designation of the property was changed from SF (Single Family Residential) to Medium Density Residential 5-12 du/ac. On June 2, 1995, an application was submitted to annex the property into the City with the RM (Medium Density Residential) zoning designation, In addition to the annexation . ' - -". . ' . . - - ~.; . ·c_ City Commission Documentation Meeting of November 21, 1995 Annexation with Initial Zoning of RM and NC for the Spence Property Page 2 and initial zoning request, a Future Land Use Map amendment for the property is being processed concurrently as part of the City's annual Comprehensive Plan Amendment 95-2 which represents a change from County HR-8 ( High Density Residential - 8 du/ac) and CH/8 (Commercial High Intensity with a residential equivalent of 8 units per acre) to City MDR (Medium Density Residential 5-12 du/ac) and Transitional. At its meeting of September 2, 1995, the City Commission approved transmittal of Comprehensive Plan Amendment 95-2 to DCA. City Commission action on Plan Amendment 95-2 will also occur at its November 21st meeting, and is discussed in a separate staff report, The property is currently zoned County CC (Community Commercial). The proposed City zoning is RM (Medium Density Residential), in part, and NC (Neighborhood Commercial), in part. The NC zoning designation is to be applied to a 2 acre area at the southeast corner of the site with the balance to be zoned RM (12.47 acres). Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report, PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of August 28, 1995, the Planning and Zoning Board held a public hearing in conjunction with review of the annexation request with initial zoning of RM, in part and NC. There was no public testimony in opposition to the request. The Board voted 6-0 to recommend that the request be approved. RECOMMENDED ACTION: By motion, approve on first reading the ordinance annexing the Spence property with initial zoning of RM and NCt and setting a public hearing date of December 5, 1995, Attachments: CJ P & Z Staff Report and Documentation of August 21 , 1995 CJ Ordinance by Others S:CCSPENCE.DOC , ' ~ . .. . - , PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT-- MEETING DATE: August 21,1995 AGENDA ITEM: v.a ITEM: Annexation and initial zoning of RM (Medium Density Residential) and NC (Neighborhood Commercial) for a 14.47 acre parcel (Spence property), located on the west side of Military Trail, approximately 1,400 feet north of Atlantic Avenue. GENERAL DATA: Owner....................................... ... Regina W. Spence, Trustee Agent.......................................... Edward O'Cleary, Esq. Location....................................... West side of Military Trail, approximately 1,400 feet north of AUantic Avenue. Property Size............................... 14.47 acres -I Existing County land Use Map - Designation................................. CH/8 (Commercial High Intensity with a < residential equivalent of 8 units/acre) and II:: HR-8 (High Density Residential - 8 u/a) t- Proposed City land Use Map Designation............................. .... Medium Density Residential 5-12 u/a and IIII'ot: Transitional (CPA 95-2) Existing County Zoning............... CC (Community Commercial) Proposed City Zoning.................. RM (Medium Density Residential) and NC (Neighborhood Commercial) ¡ Adjacent ZOning.....~...........North: County RS/SElPUD(Single Family Residential with special exception to allow a PUD) : East City GC(General Commercial) South: County CG/SE (General Commercial with a special exception) West: County RS/SElPUD Existing land Use........................ Vacant land Proposed land Use..................... Maximum development potential of a 149 multiple family units and 26,136 sq. ft. of commercial development Water Service.............................. Available via connection to an existing 1.4- water main along the east side of Military Trail. Sewer Service..... ........ ............. ,... Available via connection to the existing lift station to the southeast, across Military Trail, at the northwest comer of the Delray Square shopping center. N V,S , ' . .....-. ..._. '..' ... . ... ~. ¡¡1%1¡¡¡¡::¡¡:¡¡!:¡::::¡:¡:¡:¡::¡!:::¡::1:¡i:;:¡:¡¡¡¡¡¡¡¡:i¡:¡¡:¡¡:¡¡¡¡:¡::::¡::¡¡::¡¡:¡::(!i¡m¡:g¡M:::i:¡ì~¡::§¡¡milll~ß:¡:§¡:~t~Î¡¡¡m¡~I¡¡:~¡tli\If.¡]B]¡¡lill¡¡;rit~:í~¡J~¡¡~if¡~¡'~~i¡~¡i;:¡¡:::m¡¡¡¡¡ti~¡:~¡~¡:¡ The item before the Board is that of making a recommendation on a voluntary annexation (pursuant to Florida Statute 171.044) and initial zoning of RM (Medium Density Residential), in part, and NC (Neighborhood Commercial). LDR Sections 2.4.5 (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on the west side of Military Trail, approximately 1,400 feet north of Atlantic Avenue. . .. ~ . ..' . : .. . . '. . The property under consideration is an unplatted parcel comprised of 14.47 acres. The property is currently under Palm Beach County jurisdiction and is located within the City's planning and service area. With the adoption of the City's Comprehensive Plan in 1989, the City's "advisory" land use designation of the property was changed from SF (Single Family Residential) to Medium Density Residential 5-12 du/ac. On June 2, 1995, an application was submitted to annex the property into the City with the RM (Medium Density Residential) zoning designation. In addition to the annexation and initial zoning request, a Future Land Use Map amendment for the property is being processed concurrently as part of the City's annual Comprehensive Plan Amendment 95-2 which represents a change from County HR-8 ( High Density Residential - 8 du/ac) and CH/8 (Commercial High Intensity with a residential equivalent of 8 units per acre) to City MDR (Medium Density Residential 5-12 du/ac) and Transitional. - I . .... . . .. . . ...... ...x ... .'. The subject property is a 14.47 acre parcel of land which is currently vacant. The property is currently zoned County CC (Community Commercial). The proposed City zoning is RM (Medium Density Residential), in part, and NC (Neighborhood Commercial), in part. The NC zoning designation is to be applied to 2 acre area at the southeast comer of the site with the balance to be zoned RM (12.47 acres). r~.Ì.1~1¡rW.~~jmf~~¡¡¡¡¡¡~::¡¡:¡~¡¡¡¡::¡::¡:[î]¡:¡¡tfl¡[1¡:li~I:¡¡I¡I¡~w¡r.ìr~I¡:I::mil¡rfj¡¡:I¡II¡:ª¡r.ì¡:¡§tii~¡¡:¡~rt:~1ii::::¡f;~Iili¡ft:ili~¡Iiliili¡:¡¡m::fllff~ Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171,044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and , ' . P & Z Board Staff Report Spence Property - Voluntary Annexation and Initial Zoning Page 2 reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". (J The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. Thus, this annexation will reduce this existing County enclave area. Land Development Regulations Governing Annexations: Pursuant to the land Development Regulations Section 2.4.5 (C)(1) ''the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. This is a voluntary petition by the property owner. ___IIJ.nn·mm,!.iilmilllilllUI!IUilll!!liJi.l CONSISTENCY BETWEEN THE CITY AND COUNTY LAND USE MAP DESIGNATIONS: In conjunction with this annexation petition, a Future land Use Map amendment for this property is being processed. The proposed City Future Land Use Map designations for the property are Medium Density Residential 5-12 dulac (MDR), in part, and Transitional. The existing County land Use designations for the property are HR-a (High Density Residential - a du/ac) and CH/a (Commercial High Intensity with a residential equivalent of a units per acre). As outlined' in the FlUM amendment staff report, the proposed City MDR land use designation is consistent with the existing County HR-a land use designation, and the proposed Transitional designation is consistent with the County CH/a (Commercial High Intensity - a units per acre ADJACENT LAND USE MAP DESIGNATIONS AND LAND USES: The Land Use Map designation to the north and west is Palm Beach County HR-8 (High Residential - a du/ac) [with an advisory City designation of MDR (Medium Density Residential 5-12 du/ac)]; South is Palm Beach County cIa (Commercial High Intensity with a residential equivalent of a du/ac) [with an advisory .city designation of General Commercial; to the east is City General Commercial. The existing Land Uses ,are: to the north and west is a 1,084 unit multiple family development with a density of 6.4 units per acre (High Point of Delray West); south is the Marketplace of DeJray shopping center; and east is commercial development (The Boy's Farmers Market, Shop pes of . , , ...._. 4 ' .... . .. '. P & Z Board Staff Report Spence Property - Voluntary Annexation and Initial Zoning Page 3 Delray shopping center, Trails End Plaza, and Kentucky Fried Chicken restaurant). CONSISTENCY WITH THE CITY'S COMP~EHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is locat~d within "designated annexation area No.5" west of Military Trail, north and south of Atlantic Avenue (less Country Club Acres and High Point of Delray West). Annexation of the territory is consistent with Policy B-3.4 of the Future Land Use Element, which calls for annexation of eligible properties. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north and south of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County Fire Department (Fire Station No. 42, Hagen Ranch Road near the Turnpike) to approximately 2.5 minutes for the ~ Fire Department (Fire Station NO.4 at Barwick and lake Ida Roads). Water: Municipal water service is available via connection to an existing 14" water main along the east side of Military Trail. This will require the developer to jack-and-bore underneath Military Trail. Future development of the property will require water main extensions (minimum 8") and the installation of fire hydrants with a maximum spacing of 500 feet along the new main. Looping of the main for system integrity will be required. This may either require connection to the 8" . < . . -- '. ..' "'. P & Z Board Staff Report Spence Property - Voluntary Annexation and Initial Zoning Page 4 main at the Marketplace of Delray shopping center or an additional connection to the 14" main along Military Trail. Sewer: Sewer service is available via connection to the existing 8" gravity line approximately south of the property which discharges into a lift station (L.S. 87), located on the east side of Military Trail, at the northwest comer of th~ Delray Square shopping center. Future development of the property will require sewer main extensions and may require the upgrading of the existing lift station to accommodate the additional flow. Streets: This property has direct access to Military Trail. Military Trail is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic study has been submitted based upon a development scenario with a maximum potential of 149 residential units and 26,136 sq.ft. of commercial development generating a total of 4,098 average daily trips. The traffic study notes that this segment of Military Trail, between Atlantic Avenue and Lake Ida Road, is six lanes and has sufficient capacity to accommodate the additional trips as it is operating at level of service "B". It is noted that Military Trail, between Atlantic Avenue and Clint Moore Road is operating at level of service "E". Recent traffic studies submitted for adjacent developments indicate that with an additional analysis of peak hour directions (traffic alternative test 1 analysis) the referenced segment of Military Trail will pass level of service "D", with the installation of a dual left turn lane at Clint Moore and Military Trail. This improvement is scheduled for October of 1995. However, this roadway segment will again fail level of service "0" by the end of 1995. Consequently, after December 1995, no additional development can occur until Military Trail is widened from 4 to 6 lanes which is scheduled for fiscal year 1996/97. With the submittal of a specific development proposal, a full traffic study will be required and potential roadway improvements will be further reviewed. Parks and Open Space: Nonresidential zone districts such as the proposed NC district do not create a need or impact on parks and recreation facilities. However, the proposed RM (12.47 acres) zoning district will allow a maximum development potential of 149 units. The additional units will not have a significant impact with respect to level of service standards for parks and recreation facilities. The impacts of these potential residents were factored into the park demands calculated on build-out projections. Further, the City currently provides approximately 8 acres per 1,000 residents of recreation space which far exceeds the desired standard of 3 acres per 1,000 residents established in the Comprehensive Plan. With future residential development, a parks and . , . ~.. ~ - '" - , P & Z Board Staff Report Spence Property - Voluntary Annexation and Initial Zoning Page 5 recreation impact fee of $500 per unit will be assessed at the time of building permit. Solid Waste: As there is no change in actual land use, there is no impact on solid waste disposal. The service provider will be Waste Management, Inc., as described later in this report. Financial Impacts: Effect Upon Annexed Property: For the 1994 tax year the Jones property had an assessed value of $1,320,299.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU 2.5539 Deleted (County) Library .4437 Deleted (County) City Of Delray Beach 6.8800 Added (City) City of Delray Beach Debt 1.0700 Added (City) 4.9524 Difference* * Total tax millage in the County is 20.1501 mills while in the City the total millage rate is 25.1020 mills. The current yearly ad valorem taxes are $26,604.16. With annexation the yearly ad valorem taxes will be $33,142.15 a tax difference of $6,537.99. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - With future development, storm water assessment will be based upon a percentage of impervious area of the buildings and parking areas. A 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on-site. Solid Waste Authority - As the property is currently vacant, it is not receiving solid waste service. With future development of the property, the service provider will be the current City provider, Waste Management, Inc. Occupational License Fees - Upon development of the proposed NC zoned portion of the property to accommodate limited commercial and office uses, occupational licenses will be required. This license will be in addition to the current County license fee required for retail and offices of approximately $60 per year. The City occupational license fee is $125 per business. . ' . . . ~ P & Z Board Staff Report Spence Property - Voluntary Annexation and Initial Zoning Page 6 Resulting Impacts to Property Owner: SUMMARY OF IMPACTS ON THE SPENCE PROPERTY . FINANCIAL CONSIDERATIONS: AD VALOREM TAXES +$ 6,537.98 [Change from 94/95 County of 20.1501 to City 94/95 rate 25.1020 mills.(4.9524)] NON AD VALOREM Stormwater Assessment $.00 Solid Waste Collection $.00 WATER & SEWER UTILITY FEES $.00 OCCUPATIONAL LICENSE FEES $.00 ANNUAL FINANCIAL IMPACT: +$ 6,537.98 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 5.5 minutes (County) to 2.5 minutes (City) EMS + Faster response time from (estimated time) 5.5 minutes (County) to 2.5 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs reactive opportunity to work with property owners Fiscal Impacts to the City: At the 1995 City operating millage rate of 6.88 mills and debt rate of 1.07 mills, the property will generate approximately $10,496.38 in ad valorem taxes per year. With future commercial and residential development, additional revenues will be realized through increased assessed value, building permit and licensing . , . ., . P & Z Board Staff Report Spence Property - Voluntary Annexation and Initial Zoning Page 7 fees, collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. In addition to utility and franchise fees, the City receives per capita reimbursements based upon municipal population. The major sources of per capita revenue are sales tax, cigarette tax and state revenue shari~g. The current per capita rate is approximately $78.66 per person. With future development of residential property additional revenues will be realized. .'u N,:..... , ' ., 'u. :::'.., u ... ..:' i,' '.. . :.' : The proposed City zoning designations are RM (Medium Density Residential-12 du/ac) and NC (Neighborhood Commercial). The 'current County zoning designation is CC (Community Commercial). The surrounding zoning designations are: County RS/SElPUD (Single Family Residential with a special exception to allow a planned unit development) to the north and west; to the south, across the L-33 Canal, is County CG/SE (General Commercial with a special exception to allow a large scale community shopping center); and, to the east, across Military Trail, is City GC (General Commercial). R E Q U IRE D FIN DIN G S: (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 b~ made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed' in the zoning district and the zoning district must be consistent with the land use designation. The proposed RM zoning designation is consistent with the proposed Medium Density Residential 5-12 dulac land use designation, and the NC zoning is consistent with the proposed Transitional land use designation. The proposed multiple' family development is allowed as a permitted use within the RM zoning district, and the proposed limited commercial development is a permitted use in the NC zoning district. 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. 0' ._. ' . . : P & Z Board Staff Report Spence Property - Voluntary Annexation and Initial Zoning Page 8 The proposal involves the annexation of vacant land. There will be no changes in the manner that water, sewer, drainage, streets/traffic and solid waste services will be provided. Fire, EMS and Police will shift to a different provider, however, all of these services will be equal to or enhanced (see annexation analysis for details). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: With review of the annexation request, a site visit was conducted and did not reveal any code violations. Any future development will be required to comply with all Land Development Regulations. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5 (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in .the adopted Comprehensive Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were found. Conservation Element Policy 8-2.1: The submission of a biological survey and a habitat analysis shall accompany FLUM amendment and rezoning requests... Conservation Element Policy 8-2.2: Whenever and wherever significant or sensitive flora and fauna communities are identified pursuant to Policy 8- 2.1, they shall be preserved as if the were environmentally sensitive areas as identified in Objective 8-1. A Biological Assessment of the site was conducted by Dames & Moore on August 8, 1995. The study did not reveal any federal or state listed protected species of flora or fauna, and concluded that no protected species inhabit the property. The study did reveal a large presence of . Brazilian Pepper and Australian Pine trees, These trees have been identified as exotic species which must be eradicated from this site with development of the property. . ' . . .. . . -. . P & Z Board Staff Report Spence Property - Voluntary Annexation and Initial Zoning Page 9 Housing Element Policy C·2.4: Development of remaining vacant properties which are zoned for residential purposes shall be developed in a manner which is consistent with adjacent development regardless of zoning designations. These policies shall be implemented through the review process associated with platting and site plan and shall be effective immediately. . This policy will be further reviewed at the time of site and development plan review. Development of the property should be reasonably consistent with the character of the adjacent residential development. Land Use Element Objective 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 complementary to adjacent uses, and fulfills remaining land use needs. As stated under Housing Element Policy C-2.4, the property should be developed in a manner that will be complementary to the adjacent residential development. The development of this property will fulfill the need for medium density residential development. Section 3.3.2 (Standards for Rezoning Actions): Standard B 'is not applicable with respect to this rezoning request The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF within stable residential areas shall be denied. The property is designated vacant residential on the Neighborhood Categorization Map. However, the properties to the west are noted as stable residential. The rezoning is required in conjunction' with the annexation request. The proposed RM zoning designation will be consistent with the proposed MDR land use map designation and the NC zoning will be consistent with the Transitional land use designation. C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the tUne of rezoning has improvements on it Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed NC zoning is consistent with the existing County CC (Community Commercial) zoning designation, which are both strip commercial in character. However, the annexation request is not rezoning a property to strip commercial but rather applying a City , , .'-_.. .__..~. ~ . -~. . . , : P & Z Board Staff Report Spence Property - Voluntary Annexation and Initial Zoning Page 10 commercial zoning designation to existing strip commercial zoning. The proposed NC property is 290 feet in depth which can easily accommodate a well-planned commercial development. While the NC district does allow commercial development which is "strip" commercial in character it does not allow typical high traffic generating strip commercial uses such as fast- food restaurants and gasoline stations. . D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial RM zoning designation will accommodate the proposed multiple family development as a permitted use, and the proposed NC zoning designation will accommodate the proposed commercial development as a permitted use. With respect to compatibility of the proposed commercial development with the proposed multiple family development, within the landscape strips abutting the residential property, trees must be planted every 25 feet along with either a 6 foot high wall or a 4 1/2 foot high hedge, at the time of planting. Also, many of the business wlJich are allowed in a neighborhood commercial development usually do not extend into the evening hours, therefore, there should not be any issues regarding noise. The RM zoning will abut the existing residential development to the north and west (High Point of Delray West). The proposed multiple family· development should be compatible with the adjacent residential development. Site specific compatibility of the future development with the surrounding developments will be addressed at the time of site development plan review, Compatibility is not a major concern as there are sufficient regulations in place to mitigate any potential adverse impacts. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must 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; . , . . : P & Z Board Staff Report Spence Property - Voluntary Annexation and Initial Zoning Page 11 c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "There has been a change in circumstances. The applicant is applying for annexation of this property into the City. The annexation requires that the applicant apply for an appropriate zoning designation." Comment: The justification statement addresses Item "bIt as the basis for which the rezoning should be granted, ·howßver. Item "c" is also applicable. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The requested zoning designations are of similar intensity as that . allowed under the proposed City and existing County land use designations. The requested RM zoning designation on 12.47 acres of the property is more appropriate for the property than the current County zoning designation of CC (Community Commercial) as the RM portion will , directly abut an existing residential development. The NC zone district is åppropriate as it is consistent with the existing County land use and zoning designations for that portion of the property. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Lake Worth Drainage District Lake Worth Drainage District reviewed the annexation request and indicated that with any future development, additional right-of-way for the L-33 Canal (along south property line) will be required. Palm Beach County Notice: On July 5. 1995 the Palm Beach County Planning Division was notified of the FLUM amendment as well as the City's intent to annex this property. To date, a response has not been received. . , . .+- "' , , .. ' . . ~ P & Z Board Staff Report . Spence Property - Voluntary Annexation and Initial Zoning Page 12 IPARC Notice: Notice of the Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notices: Courtesy notices were sent to the following homeowners' and civic associations: o Burt Aaronson, County o High Point of Defray West III Commissioner o High Point Section Six o Country Club Acres o Highland Trailer Park o Country Manor . o PROD (Progressive Residents - o Hamlet Residential Association of Delray) o Greensward Village o Rainberry Woods Association o High Point Master Association o Rockland Park o High Point of DelrayWest o Sherwood Forest o High Point of Defray West I (] United Property Owners o High Point of Delray West II Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Accommodating the annexation of this property and affixing initial City zoning designations of RM and NC is consistent with the City's program for annexation of territory within its Planning and Service Area. The annexation is also consistent with the State's policy under ELMS III legislation to eliminate enclaves and promote annexation into the most appropriate municipality and service provider. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services, The property will experience an increase in taxes. The City will receive additional revenue from property taxes, which will result in a net increase to the City of approximately $10,495.38 a year. With future development of the property, additional revenues will be received from property taxes, stormwater assessment fees, per capita revenues, utility taxes, franchise fees, and occupational license fees. , ' . "., . " . , ." . . _. . ~ .P & Z Board Staff Report Spence Property - Voluntary Annexation and Initial Zoning Page 13 The application of the RM zoning designation to 12.47 acres of the property is appropriate adjacent to the existing multiple family development. Applying the NC zoning designation to the southeast 2 acres is appropriate as it is consistent with the existing County zoning and is situated along Military Trail. adjacent to commercial development. If the annexation is approved. it is anticipated that a site and development plan submittal will follow. Compatibility of the proposed development with respect to design will be further addressed at that timè. I A. Continue with direction. B. Recommend approval of the annexatio!" with initial zoning desighations of RM (Medium Density Residential) and NC (Neighborhood Commercial). C. Recommend denial of the annexation with initial zoning designations of RM and NC with the basis stated. _-___1, Recommend approval of this annexation with initial zoning designations of RM (Medium Density Residential) and NC (Neighborhood Commercial) basèd upon positive' findings with respect tö LDR Section 3.1.1. Section 3.3.2. policies of the Comprehensive Plan. and the following: A. That the property is contiguous, reasonably compact and does not create an enclave; and. B. That services will be provided to,the property in a manner similar to other similar properties within the City. Attachments: 0 Location Map 0 Survey Staff Report prepared by: Jeff Costello. Senior Planner S:lPLANNINGIDOCUMENTSIREPORTS/SPENCECPA.DOC , ' . ~ '<: ÁI::JV'llì IW - . - " _1- ...... ~, . -~;,---- ......1Uv..._ ì/Vtfl ....." - - ~I - - . -- .. ~.... ":)010) ) ___ ( .....,.¡.. -,....') I .-. ~I ò -... -------- to ~I . Ift)..u ~:11os "... 1 _II .. .:- g 2¡ "... .... \ ...u..C)~ ¡:;'_II .nrv~S --,....,., __ -~ .t . OS --r,,~, I _.:!~ - - -;or- .~~ l!i§, - .l1li 'lIS' r .-. .l1li 'lIS 1 .. 8.. I . eo. =: ' ¡""~: r-:r.m:- .. ¡~ 1- i1: I ~ e. -;' r' .. - .. - . i== f' 1 . ! . ! ~ } ð-.... I . 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M E M 0 RAN DUM ", TO: MAYOR AND CITY COMMISSIONERS FROM, f'6rTY MANAGER __ SUBJECT: AGENDA ITEM i Id R - MEETING OF NOVEMBER 21. 1995 - FIRST READING FOR ORDINANCE NO. 69-95 ADOPTING COMPREHENSIVE PLAN AMENDMENT 95-2 DATE: NOVEMBER 17, 1995 This is first reading for Ordinance No. 69-95 which adopts Comprehensive Plan Amendment 95-2. The required review by the Department of Community Affairs has been completed and comments received. The Florida Department of Transportation made two formal objections; one concerning the Spence property future land use map amendment, and the other concerning the Transportation Concurrency Exception Area (TCEA). These concerns have been addressed. The major areas addressed by Comprehensive Plan Amendment 95-2 include various text amendments, as well as two amendments to the Future Land Use Map (FLUM) for the Spence property and the West Atlantic Avenue Redevelopment Area. These changes are outlined in the accompanying staff report. The Planning and Zoning Board considered this item at public hearing on November 13, 1995. There was no public testimony concerning the FLUM amendments or other items included in the Plan Amendment, except the amendments related to the beach concession. A report on that testimony is contained in the staff report. Recommend approval of Ordinance No. 69-95 on first reading. If passed, a public hearing will be held on December 5, 1995. f~ .5 -0 ~:.u:Jt- tð M ' ~ Jl.L ~~ ~ adrðn:'· C . " PI 1__1., _I . 1/ / "L / "'I J ,-e.) HOrFn-fol") afVlCh~ 1"0 ooo9/~ .,tt)~ cj- ds/Ðk- 'I .sfo~£., ~e~E.") ref:agmem021 . ' ! .. -. -- . ---- -- f · ~ - -- -, - - . ' , . . ( ,-. ,) .- - " .- - - · .-. ~""., --.. .~ -- , ' -. ORDINANCE NO. 69-95 ", .' · . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF -, ,. DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 95-2 PURSUANT TO THE PROVISIONS OF THE '. - ' -LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT" , FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE¡ ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT -A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 95-2· AND INCORPORATED HEREIN BY REFERENCE ¡ PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"¡ and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled ·Comprehensive Plan Amendment 95-2"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on August 28, 1995, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 95-2 be transmitted¡ and WHEREAS, proposed Comprehensive Plan Amendment 95-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 95-2 was held by the City Commission on September 5, 1995, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, a report of Objections, Recommendations and Comments (ORC) has been received from the State Department of Community Affairs and said report has been reviewed by the Planning and Zoning Board, as Local Planning Agency, and is the basis for modifications to the proposed Comprehensive Plan Amendment 95-2; and , , -~ -. f ....- --. -- ,-,._- -... . -- .. -"_ _0. . -.--- 'f - ,----'. ,--,- -- --, , ... -- I - .' ",) -, ! . !, -..... - - - , .- .. -- - . . WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 95-2 was held on December 5, 1995, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the IILocal Government Planning and Land Development Regulation Actll. Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive pian Amendment 95-2", which is attached hereto as Exhibit NAil and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled IIComprehensive Plan Amendment 95-211. 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 S. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, P.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 69-95 , . , -. f . TABLE OF CONTENTS CITY OF DELRAY BEACH -TO ¡' - .. . I . Page - TRAFFIC ELEMENT r~ 1 Inventory - 2 Analysis t"'; 4 Definitions 5 Policy A-1.3 (In-Town Shuttle System) ·l' 5 Policy A-1.4 (Palm Tran Transit System) I .: 6 Objective B-1 (Level of Service Established) 7 Objective 0-3 (Transportation Concurrency Exception Area) l 7 Policy 0-3.1 (Transportation Surveys for TOM Activities) I - 7 Policy D-3.2 (Feasibility of Establishing a TCMA) 8 Policy D-3.3 (LDR Changes to Implement TDM Activities) - 8 Policy 0-3.4 (Increase Number of Buses on Palm Tran Routes) r- 8 Policy D-3.5 (Bicycle Facilities) 8 Policy D-3.6 (Plan for an In-Town Shuttle System) - 9 Policy D-3.7 (Establishment of an In-Town Shuttle System) ! - 9 Policy 0-3.8 (Utilization of Municipal Parking Lots) - 9 Policy D-3.9 (Deceleration Lanes at 1-95/Atlantic Avenue) i 10 Policy D-3.1 0 (Downtown Sidewalk Network) ,- 10 Policy D-3.11 (Intermodal Linkages) l 1- HOUSING ELEMENT l 11 Policy B-3.1 (Identity and Priority for Geographic Areas) :- ] COASTAL MANAGEMENT ELEMENT \ 12 Objective B-3 (Tourism) 12 Policy B-3.3 (Beach Use Restrictions) -1 13 Policy C-7.1 (Shoreline Use Priorities) ,- 14 Policy C-10.1 (Public and Private Construction Limitations) J FUTURE LAND USE ELEMENT J 15 Other Items i -- - , ' j . , I j Page J 18 Analysis 19 Policy A-1,6 (Commercial Land Use Amendments) 19 Policy A-5.13 (CBD to Accommodate Increased Density) ] 19 Policy A-5.14 (CBD to Facilitate Industry and Commerce) 20 Policy C-1.6 (North Federal Highway Corridor) 21 Objective C-2 (Redevelopment Areas) t;: ] 22 Policy C-2.4 (Atlantic Avenue Area) 24 Policy C-4.3 (CBD Development Plan) I 25 Policy C-4.10 (Economic Development Strategy for West Atlantic) 25 Figure L-8 (Transportation Concurrency Exception Area) ] CAPITAL IMPROVEMENT ELEMENT 26 Policy A-3.11 (Maintain Traffic Engineer Position) 1 26 Policy A-3.12 (Funding for Preparation ofTME) J · REQUIREMENTS FOR CAPITAL IMPROVEMENT IMPLEMENTATION I ¡ · 27 Five Year Capital Improvements Schedule - - AMENDMENTS TO THE FUTURE LAND USE MAP 28 Spence Property 28 West Atlantic Area · · · SUPPORT DOCUMENTS Appendix · 1 Transportation Concurrency Exception Area (TCEA) 2 West Atlantic Redevelopment Plan 3 Beach Concessions 4 North Federal Highway Corridor 5 Spence Property ii . ' D~ ifltl) CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: D~U~~F PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 21.1995 ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 95-2, FIRST READING ACTION REQUESTED OF THE CITY COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance adopting Comprehensive Plan Amendment 95-2. BACKGROUND: The Amendment proposes changes to five Comprehensive Plan Elements, including a number of objectives, policies and related data and analysis, There were also two amendments to the Future Land Use Map (FLUM), The major areas addressed by the Amendment include: Text Amendments: · Changes resulting from establishment of a Transportation Concurrency Exception Area (TC EA) , · The Five Year Schedule of Improvements, which is updated as part of the budget process. · Changes to clarify the City's position relative to beach concessions. · Text changes relative to the completion and adoption of the West Atlantic Redevelopment Plan, · Text changes regarding the priority of redevelopment in the area of North Federal Highway. ItA. , ' . , City Commission Documentation Adoption of Comprehensive Plan Amendment 95-2 Page 2 Future Land Use Map: . The Spence Property, 14.5 acres located on the west side of Military Trail north of Atlantic Avenue. . The West Atlantic Redevelopment Area, approximately 90 acres located adjacent to Atlantic Avenue between Swinton Avenue and 1-95. The City Commission transmitted the Amendment to the Florida Department of Community Affairs (DCA), for mandatory review, by action on September 5, 1995, That review process has been completed and comments of the reviewing agencies have been given to the City. The only comments forthcoming relative to the Amendment are from the Florida Department of Transportation (FOOT). That agency made two formal objections (attached), one concerning the Spence Property FLUM amendment, the other concerning the TCEA, The objection to the Spence FLUM amendment is that sufficient traffic analysis was not performed. The DCA does not support this objection, so no response is needed. However, staff will submit a copy of the full traffic study to assure FOOT that sufficient analysis was performed. The objection to the TCEA is that the report needs to include additional objectives and policies to form a basis to establish a TCEA. Meetings have been held with both FOOT and DCA on this issue and necessary changes have been negotiated, These include additional traffic analysis and explanation of methodology; minor changes to improve the clarity of the report; addition of pertinent definitions; and additional policies to address monitoring of development, Land Development Regulation changes, and consistency with the County Comprehensive Plan. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board held a public hearing on November 13, 1995 to consider this item, There was no public testimony concerning the FLUM amendments or other items included in the Plan Amendment, except the amendments related to the beach concession, Testimony was received from six individuals on the subject of the beach concession as follows: , ' City Commission Documentation Adoption of Comprehensive Plan Amendment 95-2 Page 3 Kathy Stokes supported the continued existence of the cabana concession, but expressed concern that the wording of Policy B-3.3 is too broad, and may allow additional concessions on the beach, In addition, she was concerned about the inclusion of floatation devices as one of the items allowed to be rented by the concession, stating that was not part of the original service. Ms. Stokes expressed concern that the term floatation devices is not sufficiently defined to control abuses. She also opposed allowing a shelter for the concession. A letter (attached) was submitted detailing these comments. Frank Boyer, speaking for the Beach Property Owners Association (BPOA), opposed allowing a shelter for the concession, citing it as precedent setting and leading to commercialization of the beach. In addition, he opposed inclusion of floatation devices among the items allowed to be rented by the concession, A letter (attached) was submitted detailing these comments. Harvey Brown opposed allowing a shelter for the beach concession, Sandra Almy (BPOA), opposed allowing a shelter for the concession, stating that the Comprehensive Plan should not allow a concession stand, and should protect the beach. The BPOA opposes any amendment that would allow the shelter in any form, The BPOA supports the continuation of the beach concession. John Flint, Seagate Manor Condominium Association and BPOA, also opposed the shelter stating that allowing such a shelter opposes the philosophy of the City expressed through the beach nourishment and dune revegetation programs, Lynn Stokes expressed concern that allowing a shelter would confer property rights on the concessionaire, that could not later be removed. He also expressed concern that a structure would be impacted by erosion and beach nourishment. In response to questions from the Board, and in response to citizen comments, John Walker, Planning Department, stated that the concession or shelter would have no impact on the dune revegetation program, The proposed shelter is portable and mounted on skids similar to the lifeguard stands, so it could be moved during beach nourishment operations, The beach is owned by the City and State, therefore, no property rights would be conferred on a concessionaire by allowing a shelter to be built. Mr. Walker also noted that floatation devices (boogie boards) are currently rented by the beach concession. , ' I City Commission Documentation Adoption of Comprehensive Plan Amendment 95-2 Page 4 After discussion, the Board voted unanimously to recommend to the City Commission that Comprehensive Plan Amendment 95-2 be adopted as modified by agreement with FOOT and as follows: . Delete the amendment to Coastal Management Element Policy C-1 0,1, which allows a shelter for the concession. . Modify the amendment to Coastal Management Element Policy B-3.3 to identify the beach concession, and specify that services are limited to the rental of chairs, umbrellas, cabanas, and floatation devices, RECOMMENDED ACTION: By motion, approve the adoption ordinance on first reading, with appropriate public hearing scheduled for December 5, 1995. Attachments S:\adv\comp\952cc2 , . . , ..' . .- TO: P&Z Board FROM: Kathy Stokes (1220 Southways) DATE: November 13, 1995 RE: Item A. Comprehensive Plan Amendment 95-2 (Policies B-3.3 and C-1O.1) Item C. LDRs to Add "Beach Cabana Concession" 1- Pennitted beach concessions (Policy B-3.3) should be limited to the traditional beach cabana service. I believe that the language in the current proposal is too broad to implement the City's objective to grandfather in the traditional beach cabana service. The proposed amendment to Policy B-3.3 prohibits sales of food, beverages and sundries but allows "certain limited recreational amenities for beach visitors." The proposal goes on to provide that concessions [note the plural] may be allowed, and services may include [but are not limited to] the rental of chairs, umbrellas, cabanas and flotation devices. The change in policy should be tied directly to the traditional Municipal Beach cabana service which dates back to the 1940's since there is no doubt that this recreational amenity contributes to the enjoyment of the beach and promotes Delray's VilIage-by-the-Sea atmosphere. However, the potential for "certain other limited recreation amenities for beach visitors" is nothing but a Pandora's box. This vague language will allow business interests now and in the future to pressure the City Commission to approve concessions which could all arguably provided certain limited recreational amenities for visitors. For example, other companies might seek contracts with the city to provide additional cabana services spaced along the entire Municipal Beach. Other proposals for "permitted" services could also include towel rentals; kayak, surfboard, hobie cats and jetski rentals; kite sales; and sports equipment rental including roller blades (since the "beach" includes the sidewalk). To prevent the various issues outlined above from arising, the following language is proposed for Policy B-3. 3: The high quality of the Municipal Beach shall be retained through current use restriction programs. Efforts to provide concessions in the beach area shall be discouraged, and requests for such on the beach shall be denied. However. based on a Municipal Beach tradition dating from the 1940's. a single concession under contract with the City may be allowed to permit the rental of lounges or chairs. umbrellas and cabanas, Cooking on the beach shall be prohibited. Litter law enforcement shall be strictly enforced except for publicly endorsed events. , , . ... . ... 2. The cabana se.'vices should be limited to the traditional offerings of beach chairs, umbrellas and cabanas, and the te.'m "flotation devices" stricken f.'om Policy B-3.3 (see above) and the LDR. Historically, the cabana service has only offered beach chairs, umbrellas and cabanas. In fact, the current contract does not include flotation devices, Consequently, it is not appropriate to include flotation devices in the policy statement and the LDR. Even if some rationale arises for including flotation devices in the cabana service, such a change should only be l)1ade if these flotation are more fully described in the policy statement and the LDR (e.g" "flotation devices such as inflatable tubes but excluding surfboards, boats (such as kayaks or hobie cats), sail boards or any other similar devices), Consequently, the following language is proposed for Section 4.4.22(C)(7) of the City's LDRs: Beach cabana concession. under contract with the City. limited to the rental of lounges or chairs. umbrellas and cabanas. 3. "Cabana concession p0l1.able shelter" should be deleted from Policy C-IO.l, and LDR Section 4.4.22(C}(8) should be deleted in its entirety. The proposed Comp Plan amendment to add "cabana concession portable shelter" to the original list of exceptions for high-hazard area construction opens the door for all kinds of interpretation. What is it we are proposing to allow? Support Document #3 submitted by the City to the DCA states that "the company operating the beach cabana concession [wants] to construct a 10' x 10' storage shed for their operation..." (which sounds like a "Ted Shed"), However, a P&Z staff member recently described the structure as a place for employees to be out of the sun and have a location where customers can easily spot them (whÍch sounds like a concession stand). The drawing from the company's original request from this past Spring looks like a concession stand with a door and three or four windows whose coverings appear to raise up as awnings, For a company that's in the umbrella business, there is no need for a "storage shelter" to provide shade for its employees. Also, it is the type of business that demands constant monitoring. One wonders too why a structure is required now since for years 10hn's Cabana Service would pull a pick-up truck into one of the parking spaces at the beach and load the chairs at the end of the day, The proposed LDR for the structure is spot zoning at its worst. Here is an LDR providing for a structure which has no size requirements (no maximum square footage is given in the LDR); no location requirements (any where in OS zoning that is beach-related, including Atlantic Park at the south end of the beach); no signage restrictions; no requirements regarding "portable" (i.e., references to the City code on portable structures that are anchored); and removal requirements for hurricane warnings, This building is such an extraordinary exception that the source of many of the zoning requirements for this building will have to be incorporated into the City contract. . ' . '.. I ¡ t. BEACH PROPERTY OWNERS' ASSOCIATION INC. P.O. Box 375 Delray Beach, FL 33444 November 10, 1995 Beach Property Owner's Association response to Item 13 on Planning and Zoning Board of Delray Beach: , Amendment to Add Beach Cabana Concession as an accessory use in the Open Space Zoning District. Some six months ago the Delray Beach City Commission was con- sidering possible sites for 'Beach Patrol Headquarters. One of the four possibilities was to build headquarters on the beach, where it simply made sense to have beach support on site. Of course, this option was rejected immediately because it did not conform with the spirit of Delray Beach City objectives for protecting the uniquely pristine nature of our beach. Now we are being asked to accept the placement of a permanent structure on the beach so that a conces- sionnaire can "store equipment and keep necessary items to run the business" to quote the March 15, 1995 application. The Board of Trustees of the Delray Beach Property Owners' Association met recently and unantmously voiced their objections to the placement of such a structure. At very best the Beach Property Owners' Association feels that this structure will set a precedent that might lead to other structures. Why not a storage shed for the beach cleaning vehicles, why not a maintenance shed for the repair of lifeguard equipment? Why not a shop area where people can buy suntan lotion, towels, food or flotation devices? The greatest objection voiced was the commercialization of the ~ beach. The City of Delray Beach Cabana and Beach Equipment Contract in no place specifies a beach structure for the storage and mainte- nance of such necessary equipment. What it describes, is a conces- sion for the rental of beach umbrellas, beach chairs, cabanas and similar equipment. Today we are told in the support document that this concession is under contract to provide services to beach visi- tors, including the rental of chairs, umbrellas, cabanas and flotation devices. We are concerned with this wording, because it expands the services of this vendor. This creeping expansion underscores our concern. , For the good of the beach, our most valuable economic resource, let us maintain its' pristine iuality. To build this structure serves no need but the needs 0 the' vendor, and that is not nearly compelling enough. . Sincerely, ~~~ Board of Trustees Beach Property Owners' Association ~ JiCIE:ŒWIEJD) W'" 13 '1'05 PLANNING & ZONING .... .0'_'. . . - ...- . , ' . . . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: Special Meeting of November 13, 1995 AGENDA ITEM: II.A. RESPONSE TO ORC, AMENDMENT 95-2 ITEM BEFORE THE BOARD: The item before the Board is that of review of the proposed response to the Objections, Recommendations, and Comments (ORC) report for Comprehensive Plan Amendment 95-2. The action to be taken is in the form of a recommendation to the City Commission, BACKGROUND: The proposed Comprehensive Plan Amendment 95-2 was heard by the Planning and Zoning Board on August 28, 1995. It was transmitted to the Florida Department of Community Affairs (DCA) by action of the City Commission on September 5, 1995, The formal ORC report has not yet been received, but staff has discussed the issues with reviewing agencies and is able to report their intended comments, The Amendment proposes changes to five Comprehensive Plan Elements, including a number of objectives, policies and related data and analysis. There were also two amendments to the Future Land Use Map (FLUM). Refer to the Table of Contents for the Amendment (attached) for an outline of the items considered, The major areas addressed by the Amendment include: Text Amendments: * Changes resulting from establishment of a Transportation Concurrency Exception Area (TCEA). * The Five Year Schedule of Improvements, which is updated as part of the budget process. * Changes to clarify the City's position relative to beach concessions. * Text changes relative to the completion and adoption of the West Atlantic Redevelopment Plan. * Text changes regarding the priority of redevelopment in the area of North Federal Highway, II.A. . , . . . . Planning and Zoning Board Memorandum Staff Report Response to ORC, Amendment 95-2 Page 2 Future Land Use Map: The Spence Property, 14,5 acres located on the west side of Military Trail north of Atlantic Avenue, The West Atlantic Redevelopment Area, approximately 90 acres located adjacent to Atlantic Avenue between Swinton Avenue and 1-95. The Board is to review the Response to ORC Report for Comprehensive Plan Amendment 95-2. The City Commission will then consider the Board's recommendation when it acts on the adoption ordinance. The ordinance will be before the City Commission for first reading on November 21st; and second reading (adoption on December 5th), ANAL YSIS: The only comments forthcoming relative to the Amendment are from the Florida Department of Transportation (FDOT), That agency made two formal objections (attached), one concerning the Spence Property FLUM amendment, the other concerning the TCEA. The objection to the Spence FLUM amendment is that sufficient traffic analysis was not performed. The DCA does not support this objection, so no response is needed. However, staff will submit a copy of the full traffic study to assure FDOT that sufficient analysis was performed. The objection to the TCEA is that the report needs to include additional objectives and policies to form a base to establish a TCEA. Meetings have been held with both FDOT and DCA on this issue and necessary changes have been negotiated. These include additional traffic analysis and explanation of methodology; minor changes to improve the clarity of the report; addition of pertinent definitions; and additional policies to address monitoring of development, Land Development Regulation changes, and consistency with the County Comprehensive Plan. RECOMMENDED ACTION: By motion, accept the Response to ORC Report and recommend to the City Commission that Comprehensive Plan Amendment 95-2 be adopted as modified. Attachments: * FDOT letter of 10/19/95 to DCA * Letter of 11/1/95 to FDOT * Table of Contents for Amendment 95-2 S:\Adv\Comp\952PZ2 . ' . I .' ,'. ~-- ~y ~_ -a.. I?LORID¡ 'ê ~ DEPARTMENT OF TRANS~ORT A TION ,.,,~"coon." ~ DEN C. WAlTS GOVERNOR ~ 3400 WEST COMMERCIAL BOULEVARD SECRETARY -- FORT LAUDERDALE. FLORIDA 33309-3-'21 - - _. -- (305) 486-1400 DIVISION Of PLANNING AND PROGRAMS ~ October 19, 1995 Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2740 Centerview Drive Tallahassee, FL 32399 Dear Mr. Eubanks: SUBJECT: PROPOSED AMENDl\1ENT COM:MENTS WCAL GOVERNMENT: City of Delray Beach DCA Amendment #: 95-2 As requested, the Department has reviewed the documents for the proposed Comprehensive Plan Amendments for the City of Delray Beach. It should be noted that the Depa,rtment has worked closely with .the City of Delray Beach to assist - them with the development of a Transportation Concurrency Exception Area (TCEA) - comprehensive plan amendment which can be used as a model for other local govemments. The Comprehensive plan amendment was not yet in its final form when transmitted by the City, They submitted at this time to remain on schedule for their second 1995 amendment adoption cycle. The Department therefore has provided the attached objections, recommendations, and comments on the Delray Beach transmittal. We expect to fully resolve needed revisions and additions to the amendment prior to its adoption by the City. . ' I' . . . Mr. Ray Eubanks October 19, 1995 Page Two Our objections, recommendations, and comments on the proposed amendment package are enclosed. '.' Sincerely, -d'Cf- Joseph M. Yesbeck, P.E. District Director Planning and Programs JMY:lhh Enclosure cc: B. Romig G. Stuart G. Schmidt J. Krane a:\dca95-2.db File: 4270.02, 4320.01, Delray Beach - - . , . ~ . , . ~ DISTRICT 4, DEPARTMENT OF TRANSPORTATION OBJECTIONS, RECOMMEND A TIONS, & COMMENTS RESPONSIBLE DIVISION/BUREAU: Phlnnin~ & Zonin~ NAME OF LOCAL GOVERNMENT: r.ity of Dp.tr;:¡y 'RP5Ir.h DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 09/1?/9'\ ~, DATE MEMORANDUM RECEIVED FROM DCA: 09/?719S REQUIRED RETURN DATE FOR COMMENTS: 10110/9'\ ELEMENTS: Future Land Use Element Traffic Circulation Element DCA Plan Amendment Package # 95-2 RULE DEFICIENCY: Ftoricl~ Aclministr;:¡tivp. r.oclp. RlIlp. 9r-5' 9J- '\ 00'\5(6) OBJECTION - The comprehensive plan amendment (draft TCEA Report) fails to include implementing goals objectives, and policies to the City's Comprehensive Plan that form a base to which the City can establish the proposed TCEA within the designated boundaries. Such implementing language shall include for example, definitions and guidelines for establishing concurrency exceptions consistent with the criteria in FAC Rule 9J-5. - Florida Administrative Code Rule 9J-5.005(6) requires, "...identification of those programs, activities, 'and land development regulations that will be part of the strategy for implementing the comprehensive plan goals, objectives, and policies that describe how the programs, activities, and land development regulations will be carried out..." Furthermore, the goals, objectives, and policies are to, "...establish meaningful and predictable standards for the use and developm'ent of land and provide meaningful guidelines for the content of more detailed land development and use regulations. II 1 , ' . ! - . RECOMl\1ENDA TIONS - The City should provide implementing goals objectives, and policies to the City's Comprehensive Plan. ." - REVIEWED BY: T.ARRY HYMOWITZ PHONE: 30'5-777-4663 REVIEWED BY: JOHN KRANE PHONE: 30'5-777-4601 REVIEWED BY: fì1JST A VO SCHMIDT PHONE: 30'5-777-4601 2 . , I . . . . DISTRICT 4, DEPARTMENT OF TRANSPORT A TION OBJECTIONS, RECOMMENDATIONS, & COMMENTS RESPONSIBLE DIVISION/BUREA U: EJ;:mnin£ IV ZoninE NAME OF LOCAL GOVERNMENT: rity of Dp.lr;¡y Rp.;¡ch DATE PLAN RECEIVED FROM LOCAL GOVERNMENT: 09/1 1/9) DATE MEMORANDUM RECEIVED FROM DCA: 09/?7/9) .. REQUIRED RETURN DATE FOR COMMENTS: 10110/9) ELEMENT: Future Land Use Element Traffic Circulation Element DCA Plan Amendment Package # 95-2 RULE DEFICIENCY: Florid::l Admini"tr;¡tivp. rodp." Rlllp. 9J-) IV 9J-11 91-) 00)(2)(::1) 91-11 00tí(1)(h)4 9J-) 00(}(2)(;¡) 9T-11 007(1) 9T-) 007(2)«(1) 9J-) 007(2)(h) OBJECTION - A traffic circulation analysis has been provided for a future land use amendment from County HR-8 (High Density Residential - 8 units/acre) and CH/8 (Commercial High Intensity with a residential equivalent of 8 units/acre) to City MDR (Medium Density Residential 5-12 du/acre) and Transitional on a 14.47 acre parceL The analysis fails to provide essential information which is necessary to determine the full extent of potential impacts this amendment may have on the regional roadway network. Additionally, the source of the information is not provided. - RECOMl\1ENDA TIONS - The City should provide analyses which account for trip distribution, assignment, peak hour level of service, and existing and future peak hour and annual average daily capacity of the adjacent roadway network based on the most recently available data with and without the proposed amendment. The City should also provide the supporting data for the analyses and the source(s) of the information. REVIEWED BY: T .ARRY HYMOWITZ PHONE: 10)-777-4(}(}1 REVIEWED BY: JOHN KR A NE PHONE: 10)-777-4(}OI , REVIEWED BY: CìTJST A YO srHMTDT PHONE: 10)-777-4tí01 3 I' . ,. .. , [ITY OF DELRA' BEA[H DELRA Y BEACH t , 0 . . þ " td.Itd 100 N.W. 1st AVENUE· DELRAY BEACH. FLORIDA 33444 . 407/243-7000 All-America City , lilt! ~, 1993 November 1, 1995 . Larry Hymowitz, Project Manager Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 RE: CITY OF DELRA Y BEACH TRANSPORTATION CONCURRENCY EXCEPTION AREA (TCEA) Dear Larry: This is in response to the comments regarding the TCEA that you presented to John Walker at the meeting on October 26th. It is our understanding that the comments related to the transportation conditions reports will be addressed by David Plummer & Associates and revised copies of the reports provided to us. The specific comments on text changes throughout the document will be accommodated as discussed in the meeting. The formal objection directed to the Department of Community Affairs (DCA), and the suggested language you presented to satisfy the objection, requires a more detailed response, The examples provided by you are those of a county setting criteria and procedures for municipalities to establish TCEA's. As such, they are not appropriate to the City's Comprehensive Plan, although all the criteria are addressed in our TCEA documentation. The applicable criteria cited in the Broward County excerpt is addressed in the implementing policies that are included in the City's Plan Amendment, or are part of Rule 9J-5 as noted in our TCEA documentation. It is our understanding that the language from Broward County was adopted prior to adoption of the TCEA ~)I..,,,,..d""f.,,,,,,,:,,,,,,,,, THE EFFOFH ALWAYS M/\THf-1S , ' . . . . To: Larry Hymowitz Re: City of Delray Beach - Transportation Concurrency Exception Area (TCEA) Page 2 rule language. Otherwise. such detail would not have been necessary. Now that the rule language is in place, a finding of compliance will mean that the designated TCEA meets the criteria of Rule 9J-5. We will modify the Plan Amendment to include: 1- - Definitions pertinent to the TCEA will be included in the Plan Amendment. - A policy directing that the City shall monitor development in the TCEA annually to assess the land use mix. - A policy calling for an amendment to the land Development Regulations excepting land uses in the TCEA from traffic concurrency requirements. - A policy stating that the TCEA will become effective when found consistent by DCA and Palm Beach County. With the above described changes, we believe that the proposed TCEA can be approved by DCA and FDOT. Please confirm as soon as possible that the proposed changes will satisfy your comments, or if further discussion is needed, Sincerely, ~ Diane DOmingUeZ,~or Planning and Zoning Department S:\adv\TCEA\comment1 . , ~ . .. . FLORIDA DEPARTMENT OF TRANSPORTATION LAWTON CHILES BEN G, WA1TS GOVUNOR TRANSI'ORTA nON PLM'NING OFFICE - DISTIUCT 4 SECRETARY 3400 W<:at COllunerciul ß(vú.. 31Ú Hour. Ft. lAud~rdllle, FL 33309·3421 Tekphone: (305) 7774601; Fax: (305) 7774671 November 8, 1995 Ms, Diane Dominguez, A.I,C.P, Director of Planning & Zoning Planning & Zoning Department City of Del ray Beach 100 N.W, 1st Avenue Delray Beach, FL. 33444 Dear Ms. Dominguez: Subject: Delray Beach Transportation Concurrency Exception Area (TCEA) This letter is in response to your letter of November 1, 1995 and our tele-conference which occurred on November 7, 1995, involving John Walker and yourself representing Delray Beach, Greg Stuart representing the Department of Community Affairs, and Larry Hymowitz and myself representing FDOT. As per the tele-conference, we are in agreement with the proposed policies in your November 1 letter subject to the modification of the annual land-use mix assessment policy and the inclusion of an additional policy related to DRIs. The assessment policy, which reads, "The City shall monitor development in the TCEA annually to assess the land use mix.", should be revised to require; (1) Are-analysis of the traffic impacts, should the readjustment of the land-use mix warrant it; and (2) An acceleration of the implementation of proposed policies concurrent with the rate of development. Additionally, a policy should be adopted which specifies that DRIs located within a TCEA are subject to the requirements of Chapter 380, F,S. and Rule 9J-2, F.A.C, for the impacts which occur outsid~ cfthe TCEA. We are continuing to coordinate with the Consultant regarding final revisions to the traffic analysis documentation. These changes are editorial in nature and are not expected to result in substantive changes to the impacts of the TCEA. The Department remains sensitive to the City's internal deadline for adoption of the TCEA comprehensive plan amendment and will provide any changes to the City as soon as possible. We understand that pages will be faxed to us which contain the additional and revised policies for our review, and that the complete amendment will be sent to us upon adoption, The Department would like to continue to provide its technical expertise on any fut'W<~~~i.~ changes which in any way affect the impacts of, or mobility within, the TCEA. ,.~" v " , 1 () \SC)- ~~\l' ...\\~G t~ 1_°'\"- f\Ñ~~\\"1G 9\.. \ . @RECYCUD PAPER , ' c. . {- ~4 Ms. Diane Dominguez, A.I.C,P. November 8, 1995 Page Two Please let us know if we can be of additional assistance. s~~ John Krane, P ,E, Assistant Planning Manager JK:lhh cc: Gustavo Schmidt Dave Blodgett Larry Hymowitz John Anderson Kahart Pinder Attachment C:\wpwin60\doca\dbtcea3.let , ' -" ~-.~--..-~-,-._. '.. ...._~--'.. ..~_& - --- I .. ,-~ . - '" "' ..-. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM i 1 d ~ - MEETING OF NOVEMBER 21. 1995 ~IRST READING FOR ORDINANCE NO. 70-95 (DELETING SPECIAL SETBACK REOUIREMENT ALONG WEST ATLANTIC AVENUE) DATE: NOVEMBER 17, 1995 This is one of five ordinances proposed for approval on first reading which amend various sections of the Land Development Regulations in connection with the West Atlantic Avenue Redevelopment Plan. This particular ordinance (#70-95) deletes the special setback requirement along West Atlantic Avenue extending from Swinton Avenue to the 1-95 interchange. The preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject test amendments are required to implement the plan. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The Planning and Zoning Board reviewed this item at its meeting of November 13, 1995, and voted unanimously to recommend that the text amendment be approved. Recommend approval of Ordinance No. 70-95 on first reading, based on posi ti ve findings regarding consistency with the Comprehensive Plan, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2). If passed, a public hearing will be held on December 5, 1995. p~ 5-0 ref:agmem017 . , . , .-- . .. . ..- . _.._-~~-"- -..~.. ....-.- - . -' . -'. -- . '. -----..--- .--< _. ..-. .'" - -." ....- - --'~"~-~-- --"".-.~'- ..... ---_...--- -.._..~.. --"-,'--- -.--....--.-.. ._... ......~.. .-..--.- . l II ORDINANCE NO. 70-95 I' ¡' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I , DELRAY BEACH, FLORIDA, AMENDING SECTION i , 4.3.4(H)(6)(a), "SPECIAL BUILDING SETBACKS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY DELETING THE SPECIAL SETBACK REQUIREMENT ALONG WEST ATLANTIC AVENUE EXTENDING FROM SWINTON A VENUE TO THE 1-95 INTERCHANGE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and I , Zoning Board reviewed the subject matter at a special meeting on I November 13, 1995, and voted unanimously to forward the change with a recommendation of approval; and I WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the I 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. I 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 ! 4.3, "District Regulations, General Provisions", Section 4.3.4, "Base I District Development Standards II , Subsection 4.3.4(H) (6) (a), "Special I Building Setbacks", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (a) Special Building Setbacks: Within the following special building setbacks, no structures shall be altered, erected, or reconstructed: I ; Along Ocean Boulevard I * eState Road AlA), a twenty I I (20) foot setback shall be provided from the ! 1 "Brockway Line", as shown in Plat Book 20, Page 4, i Public Records of Palm Beach County, Florida. The I "Brockway Line" shall be the "building line" for I ! Lots 1 thru 7, inclusive, Block 1, Ocean Park, as I shown in Plat Book 5, Page 15, Public Records of I Palm Beach County, Florida. 111//~¡¢~g/,øøt/Jt¡_~tt¢/JýØ~~ØIØ~tØ~Øt~g/ttø_/$wt~tø~ I JýØ~~ØltØlt~ØI¡f~'/¡~t¢t¢~_~s¢'I_IØt~~tfØtg~~/t¢¢~ ! lØ~1 J IØØ~)ó_¢J' IØ~_;l;l 1)Ó¢ l-øt¢ýt~Ø~ I¢pi 1)Ó¢~~ IØt~ØØ I¢t ~~ØI¢Øpi~Øt¡t~¢/ . ' t --._--- -,----"-"- _.~..- ~ -"-_. .... -~.~ -~ .~-~ -_.. - .. --- .--.-.-.,.-- . -.-. - -- ~ "- ..~ , '. ~ -- - -----t- I I .,. Within the residential district along the west I side of S. W. 8th Avenue, between West Atlantic Avenue and S.W. 1st Street, a fifty foot (50 I ) j setback shilll be provided from the east property I line. I .,. Along the combination of B.B. 4th street and Lake I I Ida Road extending from N.E. 6th Avenue westward to Military Trail, a sixty-four foot ( 64 ' ) setback shall be provided on both sides of the centerline. I .,. Along N.E. 8th Street, between Swinton Avenue and I AlA, a fifty foot ( 50' ) setback shall be provided on both sides of the centerline. Section 2. That all ordinances or parts of ordinances in i ¡ conflict herewith be, and the same are hereby repealed. I Section 3. That should any section or provision of this I ordinance or any portion thereof, any paragraph, sentence, or word be I declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a I whole or part thereof other than the part declared to be invalid. i Section 4. That this ordinance shall become effective ! , ! immediately upon passage on second and final reading. , I PASSED AND ADOPTED in regular session on second and final I reading on this the day of 1995. I I I , ! MAYOR I I ATTEST: ¡ ¡ , , ¡ City Clerk I I I 1 First Reading I I Second Reading I ! i I I : - 2 - Ord. No. 70-95 . , I ~ .:>t:: CITY COMMISSION DOCUMENTATION TO: D~:t;:r MANAGER THRU: DÄ E OMIN· Z'Dí~ D~~~RTMENTO~~G L-~ FROM: ' JEF R NS, SE~IOR PLANNER SUBJECT: MEETING OF NOVEMBER 21,1995 LDR TEXT AMENDMENTS TO LDR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGIiT REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION 4.5.6 THE WEST ATLANTIC A VENUE OVERLAY DISTRICT, AND LDR SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ASSOCIATED WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval on first reading of proposed text amendments associated with the West Atlantic Avenue Redevelopment Plan, pursuant to LOR Section 1.1.6(A). BACKGROUND: With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was designated as Redevelopment Area # 1 on the Future Land Use Map, Future land Use Element Policy C-2.4 requires the preparation ofa redevelopment plan for the area. The required redevelopment plan has been completed and was adopted by the City Commission at its meeting of July 11, 1995, The adopted redevelopment plan calls for the establishment of a pedestrian friendly commercial area along West Atlantic Avenue with an emphasis on minimizing impacts from that commercial area on established residential neighborhoods. The plan calls for the establishment of an overlay zoning district in the area that will help promote those goals. The proposed changes will modify the GC zoning district as it applies to the area north and south of Atlantic Avenue. The proposed West Atlantic Overlay District and the associated text amendments establish limitations on intensity, permitted uses, scale, and , ' . City Commission Documentation LDR Amendments Associated with the West Atlantic Avenue Redevelopment Plan Page 2 site design that will minimize impacts on adjacent neighborhoods and promote a pedestrian-oriented shopping district, as required by the plan, The preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject text amendments are required to implement the Plan. Thus, the proposed amendments further the Goals, Objectives, and Policies of the Comprehensive Plan. The City Commission can make positive findings regarding consistency with the Comprehensive Plan, pursuant to LDR Section 1.1.6 and F ,S, 163.3194(2), PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its special meeting of November 13, 1995, The Board unanimously (7-0) voted to recommend approval of the proposed amendments, RECOMMENDED ACTION: By motion: Approve on first reading the proposed text amendments to LDR Section 4.3.4(H)(6)(a) Special Building Setbacks, LDR Section 4,3.4(J)(4)(b)(i) Increases to Height Regulations, LDR Section 4,5.6 West Atlantic Avenue Overlay District, LDR Section 4,6,9(E)(3) In-Lieu ~, and LDR Section 4.4,9 General Commercial (GC) District, based on a finding that the proposed modifications are consistent with and further the Comprehensive Plan by implementing the provisions of the West Atlantic Avenue Redevelopment Plan, as required by Future Land Use Element Policy C-2.4, Attachment: [J P&Z Board Memorandum Staff Report . , ' . MEETING DATE: NOVEMBER 13, 1995 AGENDA ITEM: II.D. . SUBJECT: LDR TEXT AMENDMENTS ASSOCIATED WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN LDR REFERENCE: LDR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION 4.5.6 THE WEST ATLANTIC A VENUE OVERLAY DISTRICT, AND LDR SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ITEM BEFORE THE BOARD: The item before the Board is making a recommendation to the City Commission on proposed modifications to the City's Land Development Regulations (LDRs), Pursuant to LOR Section 1.1.6, no amendment may be made until a recommendation is obtained from the Planning and Zoning Board. Pursuant to F.S. 163,3194(2), the Planning and Zoning Board is to review the proposed amendment with respect to its relationship to the adopted Comprehensive Plan of the City. . BACKGROUND: . With the adoption of the Comprehensive Plan in 1989, the West Atlantic Avenue area , was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The required redevelopment plan has been completed and was adopted by the City Commission at its meeting of July 11, 1995, The adopted redevelopment plan calls for the establishment of a pedestrian friendly commercial area along West Atlantic Avenue with an emphasis on minimizing impacts from that commercial area on established residential neighborhoods. The plan calls for the establishment of an overlay zoning district in the area that will help promote those goals. The proposed changes will modify the GC zoning district as it applies to the area north and south of Atlantic Avenue. liD , ' . .. P&Z Board Memorandum Staff Report Special Meeting of November 13. 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 2 REVIEW BY OTHERS: The proposed LDR amendments are not in a geographic area requiring review by the Downtown Development Authority or the Historic Preservation Board. Community Redevelopment Agency: ~. The LOR amendments are in a geographic area requiring review by the CRA. The CRA Board reviewed this item at its meeting of October 26. 1995 and unanimously recommended approval. Visions West Atlantic: The Visions Steering Committee reviewed the proposed LDR amendments at its meeting of October 23, 1995. The Committee unanimously recommended approval of the proposed amendments, with the addition of two additional provisions - prohibition of second hand shops on Atlantic Avenue and prohibition of picking up and dropping off workers from a temporary employment office 'in the Overlay District. Neighborhood Notice: As the proposed amendment affects an area greater than 10 acres, no formal public notice to property owners within a 500' radius of the subject properties is required. Courtesy notices have been sent to: o Clay Wideman o Carolyn Zimmerman Delray Merchants Association West Atlantic Avenue ARC Peach Umbrella Association o Norma Banoura o Charlotte Durante . 600 Block Association Peach Umbrella Association who have requested notification of petitions in that area. Letters of objection, if any, will be presented at the P & Z Board meeting. ANAL YSIS: The adopted West Atlantic Avenue Redevelopment Plan calls for the establishment of an overlay zoning district to promote a pedestrian-friendly commercial area adjacent to Atlantic Avenue. The proposed West Atlantic Overlay District and the associated text amendments establish limitations on intensity, permitted uses, scale, and site design that will minimize impacts on adjacent neighborhoods and promote a pedestrian- oriented shopping district. As the preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use , , . .. .' P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 3 Element Policy C-2.4 and the subject text amendments are required to implement the Plan, the proposed amendments further the Goals, Objectives, and Policies of the Comprehensive Plan. Thus, the Board can make a positive recommendation to the City Commission, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2). AL TERNA TIVE ACTIONS: ~ 1. Recommend denial in that the modification is not consistent with the Comprehensive Plan. 2. Recommend approval based upon a finding that the proposed modification is consistent with and furthers the Comprehensive Plan. 3. Continue with direction., RECOMMENDED ACTION: By motion: Recommend approval of the proposed text amendments to LDR Section 4.3.4{H)(6)(a) Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations, LDR Section 4,5.6 West Atlantic Avenue Overlay District, LDR Section 4.6.9(E)(3) In-Lieu Fee, and LDR Section 4.4,9 General Commercial (GC) District, based on a finding that the proposed modifications are consistent with and further the Comprehensive Plan by implementing the provisions of the West, Atlantic Avenue Redevelopment Plan, as required by.Future Land Use Element Policy C-2.4. Report prepared by: Jeff Perkins, Senior Planner Date November 9. 1995 . , . ' . ". ." P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 4 LDR Section 4.3.4(H)(6)(a) Special Building Setbacks: k- Along \\'est Atlantic ^venue extending from Swinton A'¡enue to the I 95 Interchange, a sixty eight foot (68') setb::)Qk shall be pro).'idec;J on both sides of tho center lino. LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations . (4) Area "D" - the proporty on properties either side of J\tlantic /\venue, betv:oeA S'l1J 1 st Street and N\^.' 1 st Stroet, extonding fr~m I 95 to S':,inton Avem.e. located south of Atlantic Avenue. north of SW 1st Street. west of SW 1st Avenue. and east of SW 4th Avenue: and the properties located north of Atlantic Avenue. south of NW 1st Street. west of NW 1st Avenue. and east of NW 3rd Avenue. LDR Section 4.4.9 General Commercial (GC) District: (B) Principal Uses and Structures Permitted: The following typos of uses are allowed within the GC District as-a permitted uses. except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a): (D)Conditional Uses and Structures Permitted: The following Y6e& are allowed as conditional uses within the GC District pursuant to the pro)/isions of 2.1.5«(:), except as prohibited in the West Atlantic Avenue Overlay District by Section 4,4.9(G)(1)(a): (E) Review and Approval Process: (4) All applications for commercial or multiple family residential development. including signs. within t~e West Atlantic Avenue Overlay District will be forwarded to the West Atlantic Avenue Architectural Committee (ARC) and the Community Redevelopment Agency for comment. (F)Development Sta"ndards: In addition to +lhe development standards as set forth in S~ction 4,3.4, the following development standards shall apply along with the follo'A'ing in the GC District:: (2) West Atlantic Avenue Overlay District Development Standards: ~ following development standards apply in the West Atlantic Avenue Overlay District as defined in Section 4,5.6(8): (a) Parcels that have frontage along Atlantic Avenue shall have a front setback of 5 feet from the ultimate right-of-way line, The front setback area shall be paved with paver blocks to match the existing sidewalks within the Atlantic Avenue right-of-way, , ' " " P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 5 (b) The minimum open space requirement is 10% of the site area. All landscape requirements for parking lots and buffering of residential properties, pursuant to Sections 4.6,5 and 4.6.16. shall apply, (G)Supplemental District Regulations: In addition to t +he supplemental district regulations as set forth in Article 4.6. the following supplemental district regulations shall apply in the GC District: . (1) West Atlantic Avenue Overlay District Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5,6(B): (a) The following principal and conditional uses are prohibited in the overlay district: . ~etail or Wholesale Firearm or Ammunition Sales .!.. Retail or Wholesale Automotive Parts Sales .!.. lawn Care Equipment Sales .!.. Contractor's Offices .!.. Abused Spouse Residences .!.. Shooting Ranges .!.. Adult Entertainment Establishments .!.. Service Stations .!.. The picking up or dropping off, or otherwise transporting of workers. assigned through an employment agency from an assembly point to the work site (b) Dwelling units are peunitted within the same structure as commercial uses, In the event that residential and non-residential uses are located in the same structure. residential uses and' non-residential uses must be physically $eparated. have separate accessways. and residential units . shall not be located on the ground floor. The Site Plan Review and Appearance Board may exempt dwelling units in this district from the restrictions contained in Section 4,4.9(8)(5), in conjunction with the approval of a site and development plan. (c) Commercial structures are limited to a maximum depth of 150 feet from the ultimate right-of-way of Atlantic Avenue, unless the parcel has frontage on NW 5th Avenue or SW 5th Avenue. . Accessory uses such as parking areas, landscaping. and drainage retention areas may extend beyond the 150 foot limit. Expansion. of structures beyond the 150 foot lim~ ~~~ be :"~W~~ ~s a conditional ute, subject t~ t,he\reQUire~ findings of Section 2.4.5(E)(5). ;.~ '~":"\h\~\.-' ~'r\C---V'i'--\- (d) Six parking spaces per 1.000 square feet of gross floor area are required for restaurants and 1 parking space per 300 square feet of gross floor , , ~ . .. P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 6 area is required for all other non-residential uses. Parking spaces for residential uses are required at the rates established in Section 4,6,9(C)(2). gt If it is impossible or inappropriate to provide required parking on site or off- site. the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. . Ü. There is no restriction on repair and/or reconstruction of non-conforming single family residences located a minimum of 150 feet from Atlantic Avenue. 91. Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location. (H) Special Regulations: (1) The first ten feet of the front yard setback which is adjacent to the right-of- way shall be a landscaped area, except. within the West Atlantic Avenue Overlay District as defined in Section 4,5,6(8). Within tRis-the required front landscape area, no' paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line, (2) In structures located in the West Atlantic Avenue Overlay District as defined in Section 4.5,6(B) that have an entrance from and/or windows facing Atlantic Avenue. the sale of second hand material. except verifiable antiques and/or collectibles (coins. stamps. sports memorabilia, etc.) is prohibited. Section· 4.5.6 The West Atlantic Avenue Overlay District: (À) General: With the adoption of the City's Comprehensive Plan. by Ordinance 82-89 on November 28, 1989, the City identified the West Atlantic Avenue Corridor as an area in need of redevelopment and revitalization. In accordance with Future Land Use Element Policy C-2.4. a redevelopment plan was prepared for the area and adopted by the City Commission at its meeting of July 11. 1995, This Section is created to implement the provisions of the adopted West Atlantic Redevelopment Plan, All development within the West Atlantic Overlay District. as defined in Section (B), below, shall take place according to the provisions of the adopted plan, (8) Defined: The West Atlantic Avenue Overlay District is hereby established as the area bounded by 1-95 on the west. Swinton Avenue on the east. SW 1st Street on the south. and NW 1 5t Street on the north. and extending one block north of NW 1 st Street. along NW 5th Avenue to include Blocks 19 and 27. Town of Delray. The , . . .' P&Z Board Memorandum Staff Report Special Meeting of November 13. 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 7 regulations established in Sections 4.4.9(E)(4) and 4.4.9(G)(1) shall apply to all GC zoned parcels within the Overlay District (C) West Atlantic Avenue Architectural Review Committee (ARC): (1) An Architectural Review Committee is hereby established to review all development proposals located in the Overlay District. The ARC acts in an advisory capacity to the Board(s) taking action on a development proposal. (2) The ARC will consist of 7 members serving 2 year terms. Three of the initial members will serve 1 year terms in order to stagger the terms of committee members. ARC members are nominated by the CRA Board of Commissioners, iÙ- Members of the ARC shall be residents. property owners. or business owners within the area bounded by SW 10th Street. 1-95. Swinton Avenue. and Lake Ida Road. .b).. Membership of the Committee will be as follows: . Two land development professionals (architect.· engineer. surveyor. landscape architect. contractor. etc.): . Two owners of businesses located in the West Atlantic Avenue Overlay District and .!.. Three at large (3) All applications, inclLJding signs. for commercial or multiple family residential development within the West Atlantic Avenue Overlay District will be referred to the ARC and the Community Redevelopment Agency. . for advisory review and comment. (4) The ARC will meet as required to review submissions. rather than at regular intervals. LDR Section 4.6.9(E)(3) In-lieu Fee: If it is impossible or inappropriate to provide the required number of on-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is ooty authorized ~ in the CBD GF¿ OSSHAD. and GC (West Atlantic Overlay District) Zoning Districts in compliance with the Supplemental District Regulations therein. . ' . _.,._-. ____<_.__.. ._...~~~_~. .____u_____ ___ _.~_.._ ----------------- - . , . .' M E M 0 RAN DUM -.-- TO: MAYOR AND CITY COMMISSIONERS .- , WCITY MANAGER _.- FROM: SUBJECT: AGENDA ITEM i Id 0 - MEETING OF NOVEMBER 21. 1995 'FIRST READING FOR ORDINANCE NO. 71-95 (INCREASES TO ~EIGHT REGULATIONS/WEST ATLANTIC AVENUE) DATE: NOVEMBER 17, 1995 This is one of five ordinances proposed for approval on first reading which amend various sections of the Land Development Regulations in connection with the West Atlantic Avenue Redevelopment Plan. This particular ordinance (#71-95) modifies the boundaries of the geographic area along Atlantic Avenue in which increases to height regulations may be approved by the City Commission. The preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject test amendments are required to implement the plan. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The Planning and Zoning Board reviewed this item at its meeting of November 13, 1995, and voted unanimously to recommend that the text amendment be approved. Recommend approval of Ordinance No. 71-95 on first reading, based on positive findings regarding consistency with the Comprehensive Plan, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2). If passed, a public hearing will be held on December 5, 1995. p~ 6-0 ref:agmemo18 , -t . -,~ ~ ' ..-. - ' . - - ._ - d_, . __.' .- ---- -~ ----.. ..- -~. .-.. ." ... -..-.--. ---- ----, '. .. _.--.'_.. .. --...-.--..... ...----.'-----..--.--., - --,.-....--...,.-..- -..~ --' -,--_... .---... ORDINANCE NO. 71-95 ; I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4(J)(4), i "INCREASES TO HEIGHT REGULATIONS", SUBPARAGRAPH I 4.3.4(J)(4)(b)(i); OF THE LAND DEVELOPMENT I REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING I I THE BOUNDARIES OF THE GEOGRAPHIC AREA ALONG ATLANTIC I AVENUE IN WHICH INCREASES TO HEIGHT REGULATIONS MAY BE APPROVED BY THE CITY COMMISSION; PROVIDING A ; GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN I I EFFECTIVE DATE. I I WHEREAS, pursuant to LDR Section 1.1.6, the Planning and I Zoning Board reviewed the subject matter at a special meeting on I November 13, 1995, and voted unanimously to forward the change with a I recommendation of approval; and I I WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the I Planning and Zoning Board, sitting as the Local Planning Agency, has I determined that the change is consistent with and furthers the ¡ objectives and policies of the Comprehensive Plan. I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I I CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: I Section 1. That Chapter Four, "Zoning Regulations", Article I 4.3, "District Regulations, General Provisions", Section 4.3.4, IIBase I District Development Standards", Subsection 4.3.4(J)(4), "Increases to Height Regulations", subparagraph 4.3.4(J)(4)(b)(i), of the Land 'Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (b) Allowances: An increase, to a maximum height of sixty feet (60'), may be approved by the City Commission in any zone I district not listed above when approved pursuant to the processing of ¡ a conditional use request and based upon a finding of compliance with I each of the enumerated criteria listed below. I (i) That the structure is to be located in one of the following geographio areas: i I , of . (1) Area "A" - all property located east I I Congress Avenue and west of 1-95. I (2) Area "B" the property encompassed by the I - I Delint DRI, with the exception of that I portion platted as "Waterford Village"; along I with property located west of S.W. 10th Avenue, south of Linton Boulevard, and east of 1-95. . , -- - -, -... . ~,. ---'1 I : (3) Area ·C" - the property encompassed by the I boundary of Linton Boulevard, Germantown i Road, S.W. 10th Street, and 1-95. I 1 j (4) Area liD" - the prQperties ;t¢;¢ttý/¢~/;tt~¢t í ;t9.¢ /¢~ /~t¡;'Jitt¢ /~ý¢Ji¢'¢' /)S¢t',4¢¢Ji /$/'f1/ /¡;t I i ~tt¢¢t /;'Ý19. /J4/'f1/ / J.;t /~tt¢¢t' /¢~t¢Ji9.;lÝ1Ø /~t¢'¢ i ¡T~' /tø /~~;lJitØJi /~ý¢Ý1¢._/ located south of Atlantic Avenue. north of S.W. 1st Street. west of S.W. 1st Avenue. and east of S,W. 4th I Avenue: and the properties looated north of Atlantic Avenue. south of N.W. 1st Street. west of N.W. 1st Avenue. and east of N.W, 3rd I Avenue. I I (5) Area "E" - the property encompassed on the I west by the F.E.C. Railroad, on the east by , I the Intracoastal Waterway, on the south by I I Allen Avenue extended to said easterly and westerly boundaries, and on the north to the ; northernmost boundary of the City. j , I ! (6) Area "F" - the property located between the pair system of the Federal Highway , one-way , (5th and 6th Avenues). ; (7 ) Area "G" - the property on either side of I Linton Boulevard, extending 200 feet north , , : and south of its ultimate right-of-way, I extending from 1-95 to Dixie Highway. I (8 ) Area "H" - the area bounded by Linton Boulevard on the south, the F, E , C . Railroad on the east, the combination of South ridge Road and Swinton Avenue on the north, and S.W. 4th Avenue on the west. ; ; , (9) Area "1" - all property within the CBD (Central Business District) except for property lying east of the Intracoastal Waterway. , ì (10) Area "J" the property encompassed by I - Lindell Boulevard on the north, Federal Highway on the east, Dixie Highway on the west, and the City limits on the south. - 2 - Ord. No. 71-95 , -- ,. . ; -- .._-. ... -. "---. I I I I I Section 2 . That all ordinances or parts of ordinances in I I conflict herewith be, and the same are hereby repealed. I 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 i ! immediately upon passage on second and final reading. I PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. ! I I MAYOR I , ATTEST: i City Clerk I First Reading ¡ Second Reading , . ! i i I \ I I - 3 - Ord. No. 71-95 , ' ~~ CITY COMMISSION DOCUMENTATION TO: D~:~MANAGER THRU: DÄ E OMIN· Z'DI~ DEPARTMENT OF PLAN G A ZONING '/~p , FROM: . :~~----' R NS, SE~IOR PLANNER SUBJECT: MEETING OF NOVEMBER 21,1995 LDR TEXT AMENDMENTS TO LDR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION 4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, AND LDR SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ASSOCIATED WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval on first reading of proposed text amendments associated with the West Atlantic Avenue Redevelopment Plan, pursuant to LDR Section 1.1.6(A). BACKGROUND: With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The required redevelopment plan has been completed and was adopted by the City Commission at its meeting of July 11, 1995. The adopted redevelopment plan calls for the establishment of a pedestrian friendly commercial area along West Atlantic Avenue with an emphasis on minimizing impacts from that commercial area on established residential neighborhoods, The plan calls for the establishment of an overlay zoning district in the area that will help promote those goals. The proposed changes will modify the GC zoning district as it applies to the area north and south of Atlantic Avenue, The proposed West Atlantic Overlay District and the associated text amendments establish limitations on intensity, permitted uses, scale, and , ' City Commission Documentation lOR Amendments Associated with the West Atlantic Avenue Redevelopment Plan Page 2 site design that will minimize impacts on adjacent neighborhoods and promote a pedestrian-oriented shopping district, as required by the plan. The preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future land Use Element Policy C-2,4 and the subject text amendments are required to implement the Plan, Thus, the proposed amendments further the Goals, Objectives, and Policies of the Comprehensive Plan. The City Commission can make positive findings regarding consistency with the Comprehensive Plan, pursuant to lDR Section 1,1.6 and F.S, 163.3194(2). PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its special meeting of November 13, 1995, The Board unanimously (7-0) voted to recommend approval of the proposed amendments, RECOMMENDED ACTION: By motion: Approve on first reading the proposed text amendments to lDR Section 4.3.4(H)(6)(a) Special Building Setbacks, lDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations, lDR Section 4.5.6 West Atlantic Avenue Overlay District, lDR Section 4,6.9(E)(3) In-Lieu m, and lDR Section 4.4.9 General Commercial (GC) District, based on a finding that the proposed modifications are consistent with and further the Comprehensive Plan by implementing the provisions of the West Atlantic Avenue Redevelopment Plan, as required by Future land Use Element Policy C-2.4, Attachment: (J P&Z Board Memorandum Staff Report , ' MEETING DATE: NOVEMBER 13, 1995 AGENDA ITEM: II.D. . SUBJECT: LDR TEXT AMENDMENTS ASSOCIATED WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN LDR REFERENCE: LDR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION 4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, AND LDR SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ITEM BEFORE THE BOARD: The item before the Board is making a recommendation to the City Commission on proposed modifications to the City's Land Development Regulations (LDRs). Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation is obtained from the Planning and Zoning Board. Pursuant to F.S, 163,3194(2), the Planning and Zoning Board is to review the proposed amendment with respect to its relationship to the adopted Comprehensive Plan of the City. . BACKGROUND: . With the adoption of the Comprehensive Plan in 1989, the West Atlantic Avenue area , was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The required redevelopment plan has been completed and was adopted by the City Commission at its meeting of July 11, 1995, The adopted redevelopment plan calls for the establishment of a pedestrian friendly commercial area along West Atlantic Avenue with an emphasis on minimizing impacts from that commercial area on established residential neighborhoods. The plan calls for the establishment of an overlay zoning district in the area that will help promote those goals. The proposed changes will modify the GC zoning district as it applies to the area north and south of Atlantic Avenue. liD, , ' --- --- ~ P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 2 REVIEW BY OTHERS: The proposed LDR amendments are not in a geographic area requiring review by the Downtown Development Authority or the Historic Preservation Board. Community Redevelopment Agency: ~ The LOR amendments are in a geographic area requiring review by the CRA. The CRA . Board reviewed this item at its meeting of October 26, 1995 and unanimously recommended approval. Visions West Atlantic: The Visions Steering Committee reviewed the proposed LOR amendments at its meeting of October 23, 1995. The Committee unanimously recommended approval of the proposed amendments, with the addition of two additional provisions - prohibition of second hand shops on Atlantic Avenue and prohibition of picking up and dropping off workers from a temporary employment office in the Overlay District. Neighborhood Notice: As the proposed amendment affects an area greater than 10 acres, no formal public notice to property owners within a 500' radius of the subject properties is required. Courtesy notices have been sent to: o Clay Wideman o Carolyn Zimmerman Delray Merchants Association West Atlantic Avenue ARC Peach Umbrella Association o Norma Banoura o Charlotte Durante . 600 Block Association Peach Umbrella Association who have requested notification of petitions in that area. Letters of objection. if any. will be presented at the P & Z Board meeting. ANAL YSIS: The adopted West Atlantic Avenue Redevelopment Plan calls for the establishment of an overlay zoning district to promote a pedestrian-friendly commercial area adjacent to Atlantic Avenue, The proposed West Atlantic Overlay District and the associated text amendments establish limitations on intensity. permitted uses, scale. and site design that will minimize impacts on adjacent neighborhoods and promote a pedestrian- oriented shopping district. As the preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use , ' P&Z Board Memorandum Staff Report Special Meeting of November 13. 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 3 Element Policy C-2.4 and the subject text amendments are required to implement the Plan, the proposed amendments further the Goals, Objectives, and Policies of the Comprehensive Plan. Thus, the Board can make a positive recommendation to the City Commission, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2). At TERNA TIVE ACTIONS: ~ 1. Recommend denial in that the modification is not consistent with the Comprehensive Plan. 2. Recommend approval based upon a finding that the proposed modification is consistent with and furthers the Comprehensive Plan. 3. Continue with direction., RECOMMENDED ACTION: By motion: Recommend approval of the proposed text amendments to LDR Section 4.3.4(H}(6}(a) Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations, LDR Section 4.5.6 West Atlantic Avenue Overlay District, LDR Section 4.6.9(E)(3) In-Lieu Fee, and LDR Section 4.4.9 General Commercial (GC) District, based on a finding that the proposed modifications are consistent with and further the Comprehensive Plan by implementing the provisions of the West, Atlantic Avenue Redevelopment Plan, as required by.Future land Use Element Policy C-2.4. Report prepared by: Jeff Perkins, Senior Planner Date November 9,1995 . . . , P&Z Board Memorandum Staff Report Special Meeting of November 13. 1995 LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 4 LDR Section 4.3.4(H)(6)(a) Special Building Setbacks: '*- Along Wast ^tlantic ^':enue extending from Swinton l.venue te the I 95 Interchange, ::1 cixty eight foot (68') setback chall be prm·ided on both cides of the center lino. LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations . (4) Area liD" - the property on properties either side of Atlantis l\venuÐ, betv/een S'.^l1st Street and N'.\' 1 &t Street, extonding from I 95 to Swinton !\.'Jenue. located south of Atlantic Avenue. north of SW 1 st Street. west of SW 1 st Avenue. and east of SW 4th Avenue: and the properties located north of Atlantic Avenue. south of NW 1st Street. west of NW 1st Avenue. and east of NW 3rd Avenue. LDR Section 4.4.9 General Commercial (GC) District: (B) Principal Uses and Structures Permitted: The following typoc of ucos are allowed within the GC District as-a permitted uses. except as prohibited in the West ,Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a): (D)Conditional Uses and Structures Permitted: The following 4I&e& ~re allowed as conditional uses within the GC District pursuant to tho provicions of 2.1.ã(E). except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1 )(a): (E) Review and Approval Process: (4) All applications for commercial or multiple family residential development. including signs. within t~e West Atlantic Avenue Overlay District will be forwarded to the West Atlantic Avenue Architectural Committee (ARC) and the Community Redevelopment Agency for comment. . (F)Development Sta'ndards: In addition to +1he development standards as set forth , in S~ction 4.3.4, the following development standards shall apply along with the following in the GC District:: (2) West Atlantic Avenue Overlay District Development Standards: ~ . following development standards apply in the West Atlantic Avenue Overlay District as defined in Section 4.5,6(8): (a) Parcels that have frontage along Atlantic Avenue shall have a front setback of 5 feet from the ultimate right-of-way line. The front setback area shall be paved with, paver blocks to match the existing sidewalks within the Atlantic Avenue right-of-way, , . P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 5 (b) The minimum open space requirement is 10% of the site area. All landscape requirements for parking lots and buffering of residential properties, pursuant to Sections 4,6,5 and 4.6.16, shall apply, (G)Supplemental District Regulations: In addition to t +he supplemental district regulations a& set forth in Article 4.6. the following supplemental district regulations shall apply in the GC District: (1) West Atlantic Avenue Overlay District Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(8): (a) The following principal and conditional uses are prohibited in the overlay district: .!.. Retail or Wholesale Firearm or Ammunition Sales · Retail or Wholesale Automotive Parts Sales .!.. Lawn Care Equipment Sales .!.. Contractor's Offices .!.. Abused Spouse Residences .!.. Shooting Ranges · Adult Entertainment Establishments · Service Stations .!.. The picking up or dropping off, or otherwise transporting of workers, assigned through an employment agency from an assembly point to the work site (b) Dwelling units are permitted within the same structure as commercial uses, In the event that residential and non-residential uses are located in the same structure. residential uses and' non-residential uses must be physically ~eparated, have separate accessways. and residential units . shall not be located on the ground floor, The Site Plan Review and Appearance Board may exempt dwelling units in this district from the restrictions contained in Section 4.4,9(8)(5). in conjunction with the approval of a site and development plan. (c) Commercial structures are limited to a maximum depth of 150 feet from the ultimate right-of-way of Atlantic Avenue, unless the parcel has frontage on NW 5th Avenue or SW 5th Avenue, Accessory uses such as parking areas. landscaping. and drainage retention areas may extend beyond the 150 foot limit. Expansion lof structures beyond the 150 foot ~m~ ~~~ be al~~~~~ as a conditional ute. subiect t? t\he\require~ findings of Section 2.4,5(E)(5), .~,. il'~ \ \ ~-.\f\ 1'--- . i'...\-- ~,'" "_ 4_.;~ ,." V--i (d) Six parking spaces per 1.000 square feet of gross floor area are required for restaurants and 1 parking space per 300 square feet of gross floor , ' . P&Z Board Memorandum Staff Report Special Meeting of November 13,1995 LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 6 area is reQuired for all other non-residential uses. Parking spaces for residential uses are reQuired at the rates established in Section 4,6,9(C)(2). .el. If it is impossible or inappropriate to provide reQuired parking on site or off- site. the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. . n.. There is no restriction on repair and/or reconstruction of non-conforming single family residences located a minimum of 150 feet from Atlantic Avenue. SÚ- Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate. the Site Plan Review and Appearance Board may approve an alternate location. (H) Special Regulations: (1) The first ten feet of the front yard setback which is adjacent to the right-of- way shall be a landscaped area, except within the West Atlantic Avenue Overlay District as defined in Section 4,5.6(B). Within tRf&-the reQuired front landscape area, no paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line. (2) In structures located in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(8) that have an entrance from and/or windows facing Atlantic Avenue. the sale of second hand material. except verifiable antiQues and/or collectibles (coins. stamps. sports memorabilia. etc,) is prohibited. Sectiono405.6 The West Atlantic Avenue Overlay District: (A) General: With the adoption of the City's Comprehensive Plan, by Ordinance 82-89 on November 28.1989. the City identified the West Atlantic Avenue Corridor as an area in need of redevelopment and revitalization, In accordance with Future Land Use Element Policy C-2.4. a redevelopment plan was prepared for the area and adopted by the City Commission at its meeting of July 11. 1995, This Section is created to implement the provisions of the adopted West Atlantic Redevelopment Plan, All development within the West Atlantic Overlay District. as defined in Section (B), below. shall take place according to the provisions of the adopted plan, (B) Defined: The West Atlantic Avenue Overlay District is hereby established as the area bounded by 1-95 on the west. Swinton Avenue on the east. SW 1 st Street on the south. and NW 1 st Street on the north, and extending one block north of NW 1 st Street. along NW 5th Avenue to include Blocks 19 and 27. Town of Delray. The , , . . . P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 7 regulations established in Sections 4.4.9(E)(4) and 4.4,9(G)(1) shall apply to all GC zoned parcels within the Overlay District (C) West Atlantic Avenue Architectural Review Committee (ARC): (1) An Architectural Review Committee is hereby established to review all development proposals located in the Overlay District. The ARC acts in an advisory capacity to the Board(s) taking action on a development proposal. (2) The ARC will consist of 7 members serving 2 year terms. Three of the initial members will serve 1 year terms in order to stagger the terms of committee members, ARC members are nominated by the CRA Board of Commissioners, iÙ- Members of the ARC shall be residents. property owners. or business owners within the area bounded by SW 10th Street. 1-95. Swinton Avenue, and Lake Ida Road. 1ù. Membership of the Committee will be as follows: . Two land development professionals (architect.' engineer. surveyor. landscape architect. contractor. etc,): . Two owners of businesses located in the West Atlantic Avenue Overlay District and !... Three at large (3) All applications, inclI,Jding signs, for commercial or multiple family residential development within the West Atlantic Avenue Overlay District will be referred to the ARC and the Community Redevelopment Agency, . for advisory review and comment. (4) The ARC will meet as required to review submissions. rather than at regular intervals, LDR Section 4.6.9(E)(3) In-lieu Fee: If it is impossible or inappropriate to provide the required number of on-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking" pursuant to the following provisions: (a) The in-lieu fee is amy authorized Q!11¥ in the CBD eF.. OSSHAD. and GC (West Atlantic Overlay District) Zoning Districts in compliance with the Supplemental District Regulations therein. . , . c._-"'- - ... . . , -, -- -- M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER I d £. - MEETING OF NOVEMBER 21. SUBJECT: AGENDA ITEM i 1995 FIRST READING FOR ORDINANCE NO. 73-95 (ENACTING WEST ATLANTIC AVENUE OVERLAY DISTRICT) DATE: NOVEMBER 17, 1995 This is one of five ordinances proposed for approval on first reading which amend various sections of the Land Development Regulations in connection with the West Atlantic Avenue Redevelopment Plan. This particular ordinance (#73-95) amends Article 4.5, "Overlay and Environmental Management Districtsll, by enacting Section 4.5.6, liThe West Atlantic Avenue Overlay District" . This section defines the area established as the overlay district, sets forth the purpose, and provides for the West Atlantic Avenue Architectural Review Committee (ARC) . The preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject test amendments are required to implement the plan. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The Planning and Zoning Board reviewed this item at its meeting of November 13, 1995, and voted unanimously to recommend that the text amendment be approved. Recommend approval of Ordinance No. 73-95 on first reading, based on positive findings regarding consistency with the Comprehensive Plan, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2). If passed, a public hearing will be held on December 5, 1995. p~ 5-0 ref:agmemo19 I' . t , . . . - - ' . - ___ ..-.".. -_.~_ ._... _ "..- _~._...... ..-._ ____._-_..._-...._ ._. ._______-. .,__.. .~,..__._"'._.._.. _._.........__ w___ -. _. ....._.. - __--··-0 ....... - - ..,.~ ORDINANCE NO. 73-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY I AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ENACTING SECTION 4.5.6, -THE WEST ATLANTIC AVENUE OVERLAY DISTRICT" ; PROVIDING A GENERAL REPEALER I 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 a special meeting on November 13, 1995, and voted unanimously to forward the change with a recommendation of approval; 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 I objectives and policies of the Comprehensive Plan. I I 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 4.5, "Overlay and Environmental Management Districts", of the Land I I Development Regulations of the City of Delray Beach, Florida, be, and I i the same is hereby amended by enacting Section 4.5.6, "The West I Atlantic Avenue Overlay District", to read as follows: I Section 4.5.6 The West Atlantic Avenue OVerlay District: j I (A) General: With the adoption of the City's Comprehensive Plan, by Ordinance No. 82-89 on November 28, 1989, the City identified I the West Atlantic Avenue Corridor as an area in need of redevelopment and revitalization. In accordance with Future Land Use Element Policy I C-2.4, a redevelopment plan was prepared for the area and was adopted ! by the City Commission at its meeting of July 11, 1995. This section ¡ is created to implement the provisions of the adopted West Atlantic I Redevelopment Plan. All development within the West Atlantic Overlay ¡ I District, as defined in Section (B) below, shall take place according I to the provisions of the adopted plan. i I (B) Defined: The West Atlantic Avenue Overlay District is I hereby established as the area bounded by 1-95 on the west, Swinton Avenue on the east, S.W. 1st Street on the south, and N.W. 1st Street I on the north, and extending one block north of N.W. 1st Street along ; N.W. 5th Avenue to include Blocks 19 and 27, Town of De1ray. The regulations established in Sections 4.4.9(E)(4) and 4. 4 . 9 (G) ( 1 ) shall f apply to all GC zoned parcels within the Overlay District. , , , . . , , - ' -. - .._~ ,- ·.·_0··· . _.#_ . ... - -".. .--_...-- . ---.-_#...- ..~- . ----- (C) West Atlantic Avenue Architectural Review Committee { ARC) : ( 1 ) An Architectural Review Committee (ARC) is hereby established to review all development proposals located in the Overlay District. The ARC acts in an advisory capacity to the Board(s) taking , ; action on a development proposal. (2) The Architectural Review Committee will consist of I , seven (7) members serving two (2) year terms. Three of the initial members will serve one (1) year terms in order to stagger the terms of committee members. ARC members are nominated by the Community I Redevelopment Agency Board of Commissioners. \ (a) Members of the ARC shall be residents, property owners, or business owners wi thin the area bounded by S.W. 10th Street, 1-95, Swinton Avenue and Lake Ida Road. (b) Membership of the committee will be as follows: * Two land development professionals (architect, engineer, surveyor, landscape architect, contractor, etc.); * Two owners of businesses located in the i West Atlantic Avenue Overlay District; and * Three members at large. (3 ) All applications, including signs, for commercial or multiple family residential development within the West Atlantic Avenue Overlay District will be referred to the ARC and the Community Redevelopment Agency for advisory review and comment. ¡ (4) The ARC will meet as required to review submissions, rather than at regular intervals. 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. - 2 - Ord. No. 73-95 , . . , - . .. - - -, - . - .~. .-.. - -.-- --., Section 4. That this ordinance shall become effective , immediately upon passage on second and final reading. I PASSED AND ADOPTED in regular session on second and final I reading on this the day of , 1995. ¡ I ; I I I MAYOR I ATTEST: City Clerk First Reading Second Reading I ! I I I ! , ¡ I I I I I I I ! I I ! i I I ; , ! I I I - 3 - Ord. No. 73-95 · . ~"t: CITY COMMISSION DOCUMENTATION TO: D~:~;rMANAGER THRU: Dj<>; OMIN Z,D~ DEP~RTMENTOFP~G FROM: ,;~;~, ~IOR PLANNE~ SUBJECT: MEETING OF NOVEMBER 21,1995 LDR TEXT AMENDMENTS TO LDR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION 4.5.6 THE WEST ATLANTIC A VENUE OVERLAY DISTRICT, AND LDR SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ASSOCIATED WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval on first reading of proposed text amendments associated with the West Atlantic Avenue Redevelopment Plan, pursuant to LDR Section 1.1,6(A). BACKGROUND: With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was designated as Redevelopment Area # 1 on the Future Land Use Map, Future Land Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The required redevelopment plan has been completed and was adopted by the City Commission at its meeting of July 11, 1995. The adopted redevelopment plan calls for the establishment of a pedestrian friendly commercial area along West Atlantic Avenue with an emphasis on minimizing impacts from that commercial area on established residential neighborhoods. The plan calls for the establishment of an overlay zoning district in the area that will help promote those goals, The proposed changes will modify the GC zoning district as it applies to the area north and south of Atlantic Avenue. The proposed West Atlantic Overlay District and the associated text amendments establish limitations on intensity, permitted uses, scale, and , . City Commission Documentation LDR Amendments Associated with the West Atlantic Avenue Redevelopment Plan Page 2 site design that will minimize impacts on adjacent neighborhoods and promote a pedestrian-oriented shopping district, as required by the plan. The preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use Element Policy C-2,4 and the subject text amendments are required to implement the Plan. Thus, the proposed amendments further the Goals, Objectives, and Policies of the Comprehensive Plan, The City Commission can make positive findings regarding consistency with the Comprehensive Plan, pursuant to LDR Section 1,1.6 and F .S, 163,3194(2), PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its special meeting of November 13, 1995, The Board unanimously (7-0) voted to recommend approval of the proposed amendments, RECOMMENDED ACTION: By motion: Approve on first reading the proposed text amendments to LDR Section 4,3,4(H)(6)(a) Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations, LDR Section 4,5,6 West Atlantic Avenue Overlay District, LDR Section 4,6,9(E)(3) In-Lieu &e, and LDR Section 4.4.9 General Commercial (GC) District, based on a finding that the proposed modifications are consistent with and further the Comprehensive Plan by implementing the provisions of the West Atlantic Avenue Redevelopment Plan, as required by Future Land Use Element Policy C-2.4. Attachment: [J P&Z Board Memorandum Staff Report . , . . . MEETING DATE: NOVEMBER 13, 1995 AGENDA ITEM: 11.0. . SUBJECT: LDR TEXT AMENDMENTS ASSOCIATED WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN LDR REFERENCE: LDR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION 4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, AND LOR SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ITEM BEFORE THE BOARD: The item before the Board is making a recommendation to the City Commission on proposed modifications to the City's Land Development Regulations (LDRs). Pursuant to LDR Section 1.1.6, no amendment may be made until a recommendation is obtained from the Planning and Zoning Board. Pursuant to F.S, 163.3194(2), the Planning and Zoning Board is to review the proposed amendment with respect to its relationship to the adopted Comprehensive Plan of the City. . BACKGROUND: . With the adoption of the Comprehensive Plan in 1989, the West Atlantic Avenue area . was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The required redevelopment plan has been completed and was adopted by the City Commission at its meeting of July 11, 1995. The adopted redevelopment plan calls for the establishment of a pedestrian friendly commercial area along West Atlantic Avenue with an emphasis on minimizing impacts from that commercial area on established residential neighborhoods. The plan calls for the establishment of an overlay zoning district in the area that will help promote those goals, The proposed changes will modify the GC zoning district as it applies to the area north and south of Atlantic Avenue. 110 , , . P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 2 REVIEW BY OTHERS: The proposed LOR amendments are not in a geographic area requiring review by the Downtown Development Authority or the Historic Preservation Board, Community Redevelopment Agency: ',' The LOR amendments are in a geographic area requiring review by the CRA. The CRA Board reviewed this item at its meeting of October 26, 1995 and unanimously recommended approval. Visions West Atlantic: The Visions Steering Committee reviewed the proposed LDR amendments at its meeting of October 23, 1995. The Committee unanimously recommended approval of the proposed amendments, with the addition of two additional provisions - prohibition of second hand shops on Atlantic Avenue and prohibition of picking up and dropping off workers from a temporary employment office in the Overlay District. Neighborhood Notice: As the proposed amendment affects an area greater than 10 acres, no formal public notice to property owners within a 500' radius of the subject properties is required. Courtesy notices have been sent to: o Clay Wideman o Carolyn Zimmerman Delray Merchants Association West Atlantic Avenue ARC Peach Umbrella Association o Norma Banoura o Charlotte Durante . 600 Block Association Peach Umbrella Association who have requested notification of petitions in that area. Letters of objection, if any, will be presented at the P & Z Board meeting. ANAL YSIS: The adopted West Atlantic Avenue Redevelopment Plan calls for the establishment of an overlay zoning district to promote a pedestrian-friendly commercial area adjacent to Atlantic Avenue. The proposed West Atlantic Overlay District and the associated text amendments establish limitations on intensity, permitted uses, scale, and site design that will minimize impacts on adjacent neighborhoods and promote a pedestrian- oriented shopping district. As the preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 3 Element Policy C-2.4 and the subject text amendments are required to implement the Plan, the proposed amendments further the Goals. Objectives, and Policies of the Comprehensive Plan. Thus. the Board can make a positive recommendation to the City Commission, pursuant to lDR Section 1.1.6 and F.S. 163.3194(2). At TERN A TIVE ACTIONS: ~ 1. Recommend denial in that the modification is not consistent with the Comprehensive Plan. 2. Recommend approval based upon a finding that the proposed modification is consistent with and furthers the Comprehensive Plan. 3. Continue with direction., RECOMMENDED ACTION: By motion: Recommend approval of the proposed text amendments to lDR Section 4.3.4(H)(6)(a) Special Building Setbacks. lOR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations, lDR Section 4.5.6 West Atlantic Avenue Overlay District, lDR Section 4.6.9(E)(3) In-Lieu Fee. and lDR Section 4.4.9 General Commercial (GC) District, based on a finding that the proposed modifications are consistent with and further the Comprehensive Plan by implementing the provisions of the West, Atlantic Avenue Redevelopment Plan, as required by.Future land Use Element Policy C-2.4. Report prepared by: Jeff Perkins. Senior Planner Date November 9,1995 . . ' P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 4 LDR Section 4.3.4(H)(6)(a) Special Building Setbacks: '*- Along \Mest ^tlantis Avenue extending from Swinten A'¡enue to the I 95 Interchange, a sixty eight root (68') setback shall be provièed on both sides of the contor lino. LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations . (4) Area "D" - the property on properties either sièe of Atlantic .l\V9RuÐ, eet\a:99R S\^! 1st Stroet Gnd N\^! 1 &t Sts:eet, extending from I 95 to SwiRtoR A'JeRue. located south of Atlantic Avenue. north of SW 1st Street. west of SW 1st Avenue. and east of SW 4th Avenue: and the properties located north of Atlantic Avenue. south of NW 1st Street. west of NW 1st Avenue. and east of NW 3rd Avenue, LDR Section 4.4.9 General Commercial (GC) District: (B) Principal Uses and Structures Permitted: The following Í'J·pes of uses are ,allowed within the GC District as-a permitted uses, except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4,9(G)(1)(a): (D)Conditional Uses and Structures Permitted: The following Y68& ~re allowed as conditional uses within the GC District pursuant to the pro'.'isions of 2.1.5(E). except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a): (E) Review and Approval Process: (4) All applications for commercial or multiple family residential development. including signs. within tqe West Atlantic Avenue Overlay District will be forwarded to the West Atlantic Avenue Architectural Committee (ARC) and the Community Redevelopment Agency for comment. (F)Development Sta'ndards: In addition to +1he development standards as set forth in S~ction 4.3.4. the following development standards shall apply al9F1g ':/ith the following in the GC District:: (2) West Atlantic Avenue Overlay District Development Standards: -Ihe . following development standards apply in the West Atlantic Avenue Overlay District as defined in Section 4,5,6(8): (8) Parcels that have frontage along Atlantic Avenue shall have a front setback of 5 feet from the ultimate right-of-way line, The front setback area shall be paved with paver blocks to match the existing sidewalks within the Atlantic Avenue right-of-way. , ' . P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 5 (b) The minimum open space requirement is 10% ot the site area, All landscape requirements for parking lots and buffering of residential properties, pursuant to Sections 4.6.5 and 4.6.16, shall apply, (G)Supplemental District Regulations: In addition to t :¡:he supplemental district regulations as set forth in Article 4.6. the following supplemental district regulations shall apply in the GC District: . (1) West Atlantic Avenue Overlay District Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(8): (a) The following principal and conditional uses are prohibited in the overlay district: !... Retail or Wholesale Firearm or Ammunition Sales !... Retail or Wholesale Automotive Parts Sales !... Lawn Care Equipment Sales !... Contractor's Offices !... Abused Spouse Residences !... Shooting Ranges !... Adult Entertainment Establishments . Service Stations !... The picking up or dropping off, or otherwise transporting ot workers, assigned through an employment agency from an assembly point to the work site (b) Dwelling units are pemlitted within the same structure as commercial uses. In the event that residential and non-residential uses are located in the same structur~. residential uses and' non-residential uses must be physically ~eparated. have separate accessways. and residential units . shall not be located on the ground floor, The Site Plan Review and Appearance Board may exempt dwelling units in this district from the restrictions contained in Section 4.4.9(8)(5), in conjunction with the approval of a site and development plan, (cj Commercial structures are limited to a maximum depth of 150 feet from the ultimate right-ot-way of Atlantic Avenue, unless the parcel has frontage on NW 5th Avenue or SW 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend ~~fe;~~e ~~f~~ ~~:. ~:~~~~~:t:, ~~~~et~ ~~~~~~ ~5n~fr:; of Section 2.4,5(E)(5). ;~,. «" \ \-k~'f\ ~ í'....\-- .... "" '..;,. ..-....;_J .. ~ ~t (d) Six parking spaces per 1.000 square feet of gross floor area are required for restaurants and 1 parking space per 300 square feet of gross floor I' P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 lDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 6 area is required for all other non-residential uses. Parking spaces for residential uses are required at the rates established in Section 4,6.9(C)(2). ~ If it is impossible or inappropriate to provide required parking on site or off- site. the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. .' 1>- There is no restriction on repair and/or reconstruction of non-conforming single family residences located a minimum of 150 feet from Atlantic Avenue, g).. Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate. the Site Plan Review and Appearance Board may approve an alternate location, (H) Special Regulations: (1) The first ten feet of the front yard setback which is adjacent to the right-of- way shall be a landsèaped area, except within the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B). Within tRis-the required front landscape area, no paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line. (2) In structures located in the West Atlantic Avenue Overlay District as defined in Section 4,5.6(B) that have an entrance from and/or windows facing Atlantic Avenue. the sale of second hand material. except verifiable antiques and/or collectibles (coins. stamps. sports memorabilia. etc.) is prohibited, Section· 4.5.6 The West Atlantic Avenue Overlay District: (Ä) General: With the adoption of the City's Comprehensive Plan. by Ordinance 82-89 on November 28, 1989. the City identified the West Atlantic Avenue Corridor as an area in need of redevelopment and revitalization. In accordance with Future Land Use Element Policy C-2.4. a redevelopment plan was prepared for the area and adopted by the City Commission at its meeting of July 11. 1995. This Section is created to implement the provisions of the adopted West Atlantic Redevelopment Plan. All development within the West Atlantic Overlay District. as defined in Section (8). below. shall take place according to the provisions of the adopted plan, (B) Defined: The West Atlantic Avenue Overlay District is hereby established as the area bounded by 1-95 on the west. Swinton Avenue on the east. SW 1 st Street on the south. and NW 1st Street on the north. and extending one block north of NW 1st Street. along NW 5th Avenue to include Blocks 19 and 27. Town of Delray. The , ' . . P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 7 regulations established in Sections 4.4.9(E)(4) and 4.4.9(G)(1) shall apply to all GC zoned parcels within the Overlay District (C) West Atlantic Avenue Architectural Review Committee (ARC): (1) An Architectural Review Committee is hereby established to review all development proposals located in the Overlay District. The ARC acts in an advisory capacity to the Board(s) taking action on a development proposal. (2) The ARC will consist of 7 members serving 2 year terms. Three of the initial members will serve 1 year terms in order to stagger the terms of committee members. ARC members are nominated by the CRA Board of Commissioners. .al. Members of the ARC shall be residents. property owners, or business owners within the area bounded by SW 10th Street. 1-95, Swinton Avenue. and Lake Ida Road. bt Membership of the Committee will be as follows: . Two land development professionals (architect.· engineer, surveyor. landscape architect. contractor, etc.): . Two owners of businesses located in the West Atlantic Avenue Overlay District and !... Three at large (3) All applications. incl4ding signs, for commercial or multiple family residential development within the West Atlantic Avenue Overlay District will be referred to the ARC and the Community Redevelopment Agency. . for adviso¡y review and comment. (4) The ARC will meet as reQuired to review submissions. rather than at regular intervals. LDR Section 4.6.9(E)(3) In-lieu Fee: If it is impossible or inappropriate to provide the required number of on-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is 9RJy authorized ~ in the CBD ef.. OSSHAO, and GC (West Atlantic Overlay District) Zoning Districts in compliance with the Supplemental District Regulations therein. I I - -" ~..~ M E M 0 RAN DUM .-., .._~ TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER -- - - - - SUBJECT: AGENDA ITEM I Id F= - MEETING OF ~OVEMBER 21. 1995 FIRST READING FOR ORDINANCE NO. 74-95 (IN-LIEU FEE/WEST ~LANTIC AVENUE OVERLAY DISTRICT) DATE: NOVEMBER 17, 1995 This is one of five ordinances proposed for approval on first reading which amend various sections of the Land Development Regulations in connection with the West Atlantic Avenue Redevelopment Plan. This particular ordinance (#74-95) amends LDR Section 4.6.9(E)(3), II In-Lieu Feell, by adding the General Commercial (GC) zoning district (West Atlantic Avenue Overlay District) as an area in which the City Commission may approve the payment of a fee in lieu of providing-required parking. The preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use Element Policy C-2.4 and the subject test amendments are required to implement the plan. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The Planning and Zoning Board reviewed this item at its meeting of November 13, 1995, and voted unanimously to recommend that the text amendment be approved. Recommend approval of Ordinance No. 74-95 on first reading, based on positive findings regarding consistency with the Comprehensive Plan, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2). If passed, a public hearing will be held on December 5, 1995. " p~ 3tct!;) Lf'7tcu.¡(J) t4~c;...- ~) fÎtt, ~ ref:agmemo20 . ' ,. . .- .. -. "-. .--. -- ,- -,-~ __. _... 0- __..___._ .._ _ __ _ _ _. . _~._..~_ __ ~'_",. . ..-._.- . - -- . .. ._..~ -,"-.-.' -~-~ ~-~'- .~________-...~_._. L_____.____._ _..._-._..______. ._.__.___-~ --- ......---.--- , i ORDINANCE NO. 74-95 I, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ! DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9(E)(3), II IN-LIEU FEE II, OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING THE WEST ATLANTIC AVENUE OVERLAY DISTRICT) WITHIN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT AS AN AREA IN WHICH THE CITY COMMISSION MAY APPROVE THE PAYMENT OF A FEE IN LIEU OF PROVIDING REQUIRED PARKING; 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 a special meeting on November 13, 1995, and voted unanimously to forward the change with a recommendation of approval; 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 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E)(3), II In-Lieu Fee" , of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (3 ) In-Lieu Fee: If it is impossible or inappropriate to provide the required number of on-site parking spaces, the City 1 Commission may approve the payment of a fee in lieu of providing such ¡ required parking, pursuant to the following provisions: ! (a) The in-lieu fee is ø;.l.ý authorized 2IlU in the I CBD... øt OSSHAD. and GC (West Atlantic Avenue Overlay District) Zoning I Districts in compliance with the Supplemental District Regulations provisions therein. (b) The fee is hereby established at $6,000 per space. I Arrangements for payment shall be approved by the City Commission at I I the time of the approval of the in-lieu fee. I (c) All proceeds from such a fee shall be used for , parking purposes. ¡ 1 , ' t -..- - -- n'_~' _.' .. .._, . ,.... ~ -. ~-....' - - _. -~.- .-. , ',H.. _. --- ___u__·· -_.-. .------------ '----.. . ..l (d) The in-lieu fee may be paid at one time or in installments. Installment payments may be made over a nine year period in ten payments. The first payment payment would be due upon signing the installment agreement. The remaining nine payments would be due annually. No interest is to be charged during the first three (3) years. Beginning in year four of the payment schedule, a simple interest rate of 5% per annum will apply to the unpaid balance and be added to payments five through ten. 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. I PASSED AND ADOPTED in regular session on second and final I reading on this the day of , 1995. MAYOR I ATTEST: I I I City Clerk \ First Reading I ì Second Reading I I I I , ! ¡ I ! ¡ ! ì I - 2 - Ord. No. 74-95 . ~~ CITY COMMISSION DOCUMENTATION TO: D~:~TY MANAGER THRU: DÄ E OMIN, Z.DI~ D~~_~RTMENTOF P~G ~-~p FROM: ~ JEF.... R NS, SENIOR PLANNER SUBJECT: MEETING OF NOVEMBER 21,1995 LDR TEXT AMENDMENTS TO LDR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION 4.5.6 THE WEST ATLANTIC A VENUE OVERLA Y DI~TRICT, AND LDR SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ASSOCIATED WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval on first reading of proposed text amendments associated with the West Atlantic Avenue Redevelopment Plan, pursuant to LOR Section 1.1.6(A). BACKGROUND: With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use Element Policy C-2,4 requires the preparation of a redevelopment plan for the area, The required redevelopment plan has been completed and was adopted by the City Commission at its meeting of July 11, 1995, The adopted redevelopment plan calls for the establishment of a pedestrian friendly commercial area along West Atlantic Avenue with an emphasis on minimizing impacts from that commercial area on established residential neighborhoods, The plan calls for the establishment of an overlay zoning district in the area that will help promote those goals, The proposed changes will modify the GC zoning district as it applies to the area north and south of Atlantic Avenue, The proposed West Atlantic Overlay District and the associated text amendments establish limitations on intensity, permitted uses, scale, and , ' City Commission Documentation LOR Amendments Associated with the West Atlantic Avenue Redevelopment Plan Page 2 site design that will minimize impacts on adjacent neighborhoods and promote a pedestrian-oriented shopping district, as required by the plan. The preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use Element Policy C-2,4 and the subject text amendments are required to implement the Plan. Thus, the proposed amendments further the Goals, Objectives, and Policies of the Comprehensive Plan. The City Commission can make positive findings regarding consistency with the Comprehensive Plan, pursuant to LDR Section 1,1.6 and F .S. 163,3194(2). PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its special meeting of November 13, 1995, The Board unanimously (7-0) voted to recommend approval of the proposed amendments. RECOMMENDED ACTION: By motion: Approve on first reading the proposed text amendments to LDR Section 4.3.4(H)(6)(a) Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations, LDR Section 4,5.6 West Atlantic Avenue Overlay District, LDR Section 4.6.9(E)(3) In-Lieu lli, and lDR Section 4,4,9 General Commercial (GC) District, based on a finding that the proposed modifications are consistent with and further the Comprehensive Plan by implementing the provisions of the West Atlantic Avenue Redevelopment Plan, as required by Future land Use Element Policy C-2.4. Attachment: (J P&Z Board Memorandum Staff Report , ' MEETING DATE: NOVEMBER 13, 1995 AGENDA ITEM: II.D. . SUBJECT: LDR TEXT AMENDMENTS ASSOCIATED WITH THE WEST ATLANTIC A VENUE REDEVELOPMENT PLAN LDR REFERENCE: LDR SECTION 4.3.4(H)(6)(a) SPECIAL BUILDING SETBACKS, LDR SECTION 4.3.4(J)(4)(b)(i) INCREASES TO HEIGHT REGULATIONS, LDR Section 4.6.9(E)(3) IN-LIEU FEE, SECTION 4.5.6 THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, AND LDR SECTION 4.4.9 GENERAL COMMERCIAL (GC) DISTRICT ITEM BEFORE THE BOARD: The item before the Board is making a recommendation to the City Commission on proposed modifications to the City's Land Development Regulations (LDRs). Pursuant to LOR Section 1,1.6, no amendment may be made until a recommendation is obtained from the Planning and Zoning Board. Pursuant to F.S. 163,3194(2), the Planning and Zoning Board is to review the proposed amendment with respect to its relationship to the adopted Comprehensive Plan of the City. . BACKGROUND: . With the adoption of the Comprehensive Plan in 1989, the West Attantic Avenue area , was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The required redevelopment plan has been completed and was adopted by the City Commission at its meeting of July 11 t 1995. The adopted redevelopment plan calls for the establishment of a pedestrian friendly commercial area along West Atlantic Avenue with an emphasis on minimizing impacts from that commercial area on established residential neighborhoods. The plan calls for the establishment of an overlay zoning district in the area that will help promote those goals. The proposed changes will modify the GC zoning district as it applies to the area north and south of Atlantic Avenue, 11.0, , ' P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 2 REVIEW BY OTHERS: The proposed LOR amendments are not in a geographic area requiring review by the Downtown Development Authority or the Historic Preservation Board. Community Redevelopment Agency: ~ The LDR amendments are in a geographic area requiring review by the CRA. The CRA Board reviewed this item at its meeting of October 26. 1995 and unanimously recommended approval. Visions West Atlantic: The Visions Steering Committee reviewed the proposed LDR amendments at its meeting of October 23, 1995. The Committee unanimously recommended approval of the proposed amendments, with the addition of two additional provisions - prohibition of second hand shops on Atlantic Avenue and prohibition of picking up and dropping off workers from a temporary employment office in the Overlay District. Neighborhood Notice: As the proposed amendment affects an area greater than 10 acres, no fo'rmal public notice to property owners within a 500' radius of the subject properties is required. Courtesy notices have been sent to: o Clay Wideman o Carolyn Zimmerman Delray Merchants Association West Atlantic Avenue ARC Peach Umbrella Association o Norma Banoura o Charlotte Durante . 600 Block Association Peach Umbrella Association who have requested notification of petitions in that area. Letters of objection, if any, will be presented at the P & Z Board meeting. ANALYSIS: The adopted West Atlantic Avenue Redevelopment Plan calls for the establishment of an overlay zoning district to promote a pedestrian-friendly commercial area adjacent to Atlantic Avenue, The proposed West Atlantic Overlay District and the associated text amendments establish limitations on intensity. permitted uses, scale, and site design that will minimize impacts on adjacent neighborhoods and promote a pedestrian- oriented shopping district. As the preparation and approval of the West Atlantic Redevelopment Plan were required pursuant to Comprehensive Plan Future Land Use . , . , P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 3 Element Policy C-2.4 and the subject text amendments are required to implement the Plan, the proposed amendments further the Goals, Objectives, and Policies of the Comprehensive Plan. Thus, the Board can make a positive recommendation to the City Commission, pursuant to LDR Section 1.1.6 and F.S. 163.3194(2). AL TERNA TIVE ACTIONS: ~ 1. Recommend denial in that the modification is not consistent with the Comprehensive Plan. 2. Recommend approval based upon a finding that the proposed modification is consistent with and furthers the Comprehensive Plan. 3. Continue with direction., RECOMMENDED ACTION: By motion: Recommend approval of the proposed text amendments to LDR Section 4.3.4(H)(6)(a) Special Building Setbacks, LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations, LDR Section 4.5.6 West Atlantic Avenue Overlay District, LDR Section 4.6.9(E)(3) In-Lieu Fee, and LDR Section 4.4,9 General Commercial (GC) District, based on a finding that the proposed modifications are consistent with and further the Comprehensive Plan by implementing the provisions of the West, Atlantic Avenue Redevelopment Plan, as required by.Future Land Use Element Policy C-2.4. Report prepared by: Jeff Perkins. Senior Planner Date November 9. 1995 .. . , ' P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 4 LDR Section 4.3.4(H)(6)(a) Special Building Setbacks: ... Along Weft Atlantic ^\'enue extending from Swinton ANenue to tf.1e I 95 Interchange, 3 sixty eight foot (68') setback shall be pro'.~ided em both sides of the center lino. LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations . (4) Area "0" - the proporty on properties either side of Atlantic .~venue, ~etweeFl 'i)N 1 st Stroot and N\^l1 et Str~Ðt, extending from I 95 to Swinton Avenue. located south of Atlantic Avenue. north of SW 1st Street. west of SW 1st Avenue. and east of SW 4th Avenue: and the properties located north of Atlantic Avenue. south of NW 1st Street. west of NW 1st Avenue. and east of NW 3rd Avenue. LDR Section 4.4.9 General Commercial (GC) District: (B) Principal Uses and Structures Permitted: The following typos of uses are ,allowed within the GC District as-a permitted uses, except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a): (D)Conditional Uses and Structures Permitted: The following Y6e& ~re allowed as conditional uses within the GC District pursuant to tho provisions of 2.~.5(E). except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1 )(a): (E)Review and Approval Process: (4) All applications for commercial or multiple family residential development. including signs. within tl'}e West Atlantic Avenue Overlay District will be forwarded to the West Atlantic Avenue Architectural Committee (ARC) and the Community Redevelopment Agency for comment. . (F)Development Standards: In addition to +1he development standards as set forth , in S~ction 4.3.4. the following development standards shall apply along with the following in the GC District:: (2) West Atlantic Avenue Overlay District Development Standards: ~ . following development standards apply in the West Atlantic Avenue Overlay District as defined in Section 4.5,6(8): (a) Parcels that have frontage along Atlantic Avenue shall have a front setback ot 5 teet from the ultimate right-ot-way line. The front setback area shall be paved with paver blocks to match the existing sidewalks within the Atlantic Avenue right-ot-way, . ' . , P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 5 (b) The minimum open space requirement is 10% of the site area. All landscape requirements for parking lots and buffering of residential properties. pursuant to Sections 4.6.5 and 4,6.16. shall apply. (G)Supplemental District Regulations: In addition to t +he supplemental district regulations as set forth in Article 4.6. the following supplemental district regulations shall apply in the GC District: . (1) West Atlantic Avenue Overlay District Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(8): (a) The following principal and conditional uses are prohibited in the overlay district: · Retail or Wholesale Firearm or Ammunition Sales .!- Retail or Wholesale Automotive Parts Sales .!- Lawn Care Equipment Sales · Contractor's Offices .!- Abused Spouse Residences .!- Shooting Ranges · Adult Entertainment Establishments .!- Service Stations .!- The picking up or dropping off, or otherwise transporting of workers. assigned through an employment agency from an assembly point to the work site (b) Dwelling units are pemtitted within the same structure as commercial uses. In the event that residential and non-residential uses are located in the same structure, residential uses and' non-residential uses must be physically ~eparated. have separate accessways. and residential units . shall not be located on the ground floor. The Site Plan Review and Appearance Board may exempt dwelling units in this district from the restrictions contained in Section 4.4.9(B)(5). in conjunction with the approval of a site and development plan, (c) Commercial structures are limited to a maximum depth of 150 feet from the ultimate right-of-way of Atlantic Avenue. unless the parcel has frontage on NW 5th Ave'1ue or SW 5th Avenue, Accessory uses such as parking areas, landscaping. and drainage retention areas may extend beyond the 150 foot limit. Expansion. of structures beyond the 150 foot ~~it :~~ b; al~~~~~ ~s a conditional ute. subject t~ t\h\reQUire~ findings of Section 2.4.5(E)(5). .~ " \ \-k-\f\ 'Î'-..\ ,~_ \:. ~::.. "_.;_J .:.. ('--\..1._. .......... (d) Six parking spaces per 1,000 square feet of gross floor area are required for restaurants and 1 parking space per 300 square feet of gross floor , , . P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 6 area is required for all other non-residential uses, Parking spaces for residential uses are required at the rates established in Section 4,6,9(C)(2), .el. If it is impossible or inappropriate to provide required parking on site or off- site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. . .It There is no restriction on repair and/or reconstruction of non-conforming single family residences located a minimum of 150 feet from Atlantic Avenue. gl, Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate. the Site Plan Review and Appearance Board may approve an alternate location, (H) Special Regulations: (1) The first ten feet of the front yard setback which is adjacent to the right-of- way shall be a landsèaped area, except within the West Atlantic Avenue Overlay District as defined in Section 4.5,6(8). Within tRi&-the required front landscape area, no paving shall be allowed except for driveways and walkways which shall be generally perpendicular to the property line. (2) In structures located in the West Atlantic Avenue Overlay District as defined in Section 4,5.6(B) that have an entrance from and/or windows facing Atlantic Avenue. the sale of second hand material. except verifiable antiques and/or collectibles (coins, stamps, sports memorabilia. etc.) is prohibited. Section·4.5.6 The West Atlantic Avenue Overlay District: (Ä) General: With the adoption of the City's Comprehensive Plan. by Ordinance 82-89 on November 28. 1989. the City identified the West Atlantic Avenue Corridor as an area in need of redevelopment and revitalization. In accordance with Future land Use Element Policy C-2.4. a redevelopment plan was prepared for the area and adopted by the City Commission at its meeting of July 11, 1995. This Section is created to implement the provisions of the adopted West Atlantic Redevelopment Plan, All development within the West Atlantic Overlay District. as defined in Section (B), below. shall take place according to the provisions of the adopted plan. (B) Defined: The West Atlantic Avenue Overlay District is hereby established as the area bounded by 1-95 on the west. Swinton Avenue on the east. SW 1 st Street on the south. and NW 1st Street on the north. and extending one block north of NW 1st Street. along NW 5th Avenue to include Blocks 19 and 27. Town of Delray. The , ' . . . . P&Z Board Memorandum Staff Report Special Meeting of November 13, 1995 LOR Text amendments associated with the West Atlantic Avenue Redevelopment Plan Page 7 regulations established in Sections 4.4,9(E)(4) and 4.4.9(G)(1) shall apply to all GC zoned parcels within the Overlay District (C) West Atlantic Avenue Architectural Review Committee (ARC): (1) An Architectural Review Committee is hereby estabJished to review all development proposals located in the Overlay District. The ARC acts in an advisory capacity to the Board(s) taking action on a development proposal. (2) The ARC will consist of 7 members serving 2 year terms. Three of the initial members will serve 1 year terms in order to stagger the terms of committee members. ARC members are nominated by the CRA Board of Commissioners, al. Members of the ARC shall be residents. property owners. or business owners within the area bounded by SW 10th Street. 1-95. Swinton Avenue, and Lake Ida Road. bl- Membership of the Committee will be as follows: . Two land development professionals (architect.· engineer, surveyor, landscape architect. contractor, etc,): .!... Two owners of businesses located in the West Atlantic Avenue Overlay District and .!... Three at large (3) All applications, inclldding signs. for commercial or multiple family residential development within the West Atlantic Avenue Overlay District will be referred to the ARC and the Community Redevelopment Agency, . for adviso~ review and comment. (4) The ARC will meet as reQuired to review submissions. rather than at regular intervals. LDR Section 4.6.9(E)(3) In-lieu Fee: If it is impossible or inappropriate to provide the required number of on-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is 9Rty authorized 2l1l¥ in the CBO ef.. OSSHAO. and GC (West Atlantic Overlay District) Zoning Districts in compliance with the Supplemental District Regulations therein. , ' . , . -..- ..- ..~ .' .~ ,.....- _.- - .._. ~ -~..".. - - "4 _ _.' '. -I'. _.. ~ __" ...... ... ß ... ._ -...... . < . ..- . . OJ( ~ CITY COMMISSION DOCUMENTATION 6~ TO: ~ DEN, CITY MANAGER r~;;Þtlq6 , " THRU: DANE DOMI GUEZ, R CTOR DEPARTMENT OF PLA NING AND ZONING ¡/~ , ~ FROM: , SENIOR PLANNER SUBJECT: MEETING OF NOVEMBER 21,1995 REZONINGS ASSOCIATED WITH THE WEST ATLANTIC AVENUE REDEVELOPMENT PLAN ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is approval on first reading of proposed rezonings associated with the West Atlantic Avenue Redevelopment Plan, as identified in the Recommended Action. BACKGROUND: With the adoption of the Comprehensive Plan in 1989, the West Atlantic Avenue Area was designated as Redevelopment Area # 1 on the Future Land Use Map (FLUM), Future Land Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The West Atlantic Avenue Redevelopment Plan has been completed and was adopted by the City Commission at its meeting of July 11, 1995, A portion of the Redevelopment Plan is the assignment of appropriate FLUM designations and zonings for the properties in the area, The proposed rezonings are those required to implement the redevelopment plan. A more complete discussion of the proposed rezonings is included in the attached Planning and Zoning Department staff report. PLANNING AND ZONING ~OARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of August 21, 1995. After a brief discussion, the Board voted unanimously (5-0, Schwartz absent and Young stepped down) to recommend approval of the proposed rezonings, la.@. , ' . 4 __. .. _. ., .... ~.; ~ . .' ... . City Commission Documentation Rezonings Associated with the West Atlantic Avenue Redevelopment Plan Page 2 RECOMMENDED ACTION: By motion: Approve the following rezoning requests based upon positive findings with respect to LDR Sections 3.1,1 and 2.4.5(D)(5) (Required Findings), Section 3,3.2 (Standards for Rezoning Actions), and policies of the Comprehensive Plan: From GC (General Commercial) to R-1-A (Single Family Residential) for: I:] Lot 33, Block 1, Atlantic Pines I:] Lots 12, 13,21, and 22, Block 1, Atlantic Park Gardens I:] Lots 12,13,21, and 22, Block 1, Odmann's Subdivision From GC (General Commercial) to RM (Multiple Family Residential) for: I:] Lots 12, 21, and 22, Block 4, Odmann's Subdivision I:] Lots 12, 13, 21, and 22, Block 2, Atlantic Park Gardens RM (Multiple Family Residential) to GC (General Commercial) for: I:] Lots 14, 15,23, and 24, Block 8, Atlantic Gardens I:] Lots 9, 10, 18, and 19, Block 1, Belair Heights I:] Lots 3-6, and Lot B, Block 2, Belair Heights I:] North 50' of the south 300' of the east 145', Subdivision of Section 17, Township 46, Range 43 I:] Lots 14-16, and 23-25, Block 5, Town of Delray I:] South 150' of the north 385' of the west 135' of Block 13, Town of Delray I:] South 100' of the north 350' of the east 135' of Block 13, Town of Delray I:] South 240' of the east 150' of Block 21, Town of Delray I:] South 100' of the north 310' of the west 135' of Block 21, Town of Delray I:] Lots 28-38, Block 29, Town of Delray R-1-A (Single Family Residential) to GC (General Commercial) for: I:] Lots 1-5, and 22-28, Revised Plat of Block 36, Town of Delray GC (General Commercial) to OS (Open Space) for the passive parks formerly described as: I:] Lots 1-11, Block 1, Odmann's Subdivision, less 1-95 right-of-way I:] Lots 1-11, Block 1, Atlantic Park Gardens I:] Lots 1-11, Block 4, Odmann's Subdivision, less 1-95 right-of-way . . . '. - ......' - . . . City Commission Documentation Rezonings Associated with the West Atlantic Avenue Redevelopment Plan Page 3 o Lots 1-11, Block 2, Atlantic Park Gardens Attachments: Q P&Z Staff Report . . . .1 ( .\ . .. ) ,-- -.., ~ - ,_. . : ,h - ORDINANCE NO. 75-95 " AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF " - H DELRAY BEACH, FLORIDA, REZONING CERTAIN PARCELS OF ' - LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM GC (GENERAL COMMERCIAL) TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT, FROM GC (GENERAL COMMERCIAL) TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, FROM R-1-A (SINGLE FAMILY RESIDENTIAL) TO GC (GENERAL COMMERCIAL) DISTRICT, FROM RM (MEDIUM DENSITY RESIDENTIAL) TO GC (GENERAL COMMERCIAL) DISTRICT, AND FROM GC (GENERAL COMMERCIAL) TO OS (OPEN SPACE) DISTRICT¡ ALL AS REQUIRED TO IMPLEMENT THE WEST ATLANTIC AVENUE REDEVELOPMENT PLAN PURSUANT TO FUTURE LAND USE ELEMENT POLICY C-2.4 OF THE COMPREHENSIVE PLAN; SAID LAND BEING GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF ATLANTIC AVENUE, BETWEEN SWINTON AVENUE AND INTERSTATE-95¡ AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"¡ PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, with the adoption of the Comprehensive Plan in 1989, the West Atlantic Avenue area was designated as Redevelopment Area #1 on the Future Land Use Map (FLUM)¡ and WHEREAS, Future Land Use Element Policy C-2.4 of the Comprehensive Plan requires the preparation of a redevelopment plan for the area; and WHEREAS, the West Atlantic Avenue Redevelopment Plan was adopted by the City Commission at its meeting of July 11, 1995¡ and WHEREAS, a portion of the West Atlantic Avenue Redevelopment Plan requires the assignment of appropriate Future Land Use Map designations and zonings for the properties in the area¡ and WHEREAS, at its meeting of August 21, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 5 to 0 to recommend approval of the rezonings based upon positive findings with respect to LDR Sections 3.1.1 and 2.4.5(D)(5) (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), and policies of the Comprehensive Plan¡ and , ' . .' , -'- ( , ~ - . -_.. WHEREAS, the City Commission, acting in its legislative capacity desires to initiate the rezonings as set forth herein for numerous lots and blocks under various ownerships within the West Atlantic Avenue Redevelopment Area; 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 classifications. 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 R-1-A (Single Family Residential) District from GC (General Commercial) District for the following described property: Lot 33, Block 1, ATLANTIC PINES, recorded in Plat Book 13, Page 77, of the Public Records of Palm Beach County, Florida. Lots 12, 13, 21 and 22, Block 1, ATLANTIC PARK GARDENS, recorded in Plat Book 14, Page 56, of the Public Records of Palm Beach County, Florida. Lots 12, 21 and 22, Block 1, ODMANNS SUBDIVISION, as recorded in Plat Book 4, Page 53 of the Public Records of Palm Beach County, Florida. Seètion 2. 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 RM (Medium Density Residential) District from GC (General Commercial) District for the following described property: Lots 12, 13, 21 and 22, Block 4, ODMANNS SUBDIVISION, as recorded in Plat Book 4, Page 53, of the Public Records of Palm Beach County, Florida. Lots 12, 13, 21 and 22, Block 2, ATLANTIC PARK GARDENS, as recorded in Plat Book 14, Page 56, of the Public Records of Palm Beach County, Florida~ - 2 - Ord. No. 75-95 , , J .--. ( . - ) ., . ~. ., , -" . . " - Section 3 . 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 GC (General Commercial) District from R-l-A (Single Family Residential) District for the - - ... . following described property: - Lots 1 thru 5, and Lots 22 thru 28, Block 36, TOWN OF DELRAY, as recorded in Plat Book 5, Page 38, of the Public Records of Palm Beach County, Florida. Section 4. 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 GC (General Commercial) District from RM (Medium Density Residential) District for the following described property: Lots 14, 15, 23 and 24, Block 8, ATLANTIC GARDENS, as recorded in Plat Book 14, Page 63, of the Public .' Records of Palm Beach County, Florida. - . Lots 9, 10, 18 and 19, Block 1, and Lots 3 thru 6, and Lot B, Block 2, BELAIR HEIGHTS, as recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida. The North 50 feet of the South 300 feet of the East 145 feet, Subdivision of Section 17, Township 46 Range 43, as recorded in Plat Book 1, Page 4, of the , Public Records of Palm Beach County, Florida. Lots 14 thru 16, and Lots 23 thru 25, Subdivision of Block 5, Delray Beach, as recorded in Plat Book 23, Page 72, of the Public Records of Palm Beach County, Florida. The South 150 feet of the North 385 feet of the West 135 feet of Block 13, and the South 100 feet of the North 350 feet of the East 135 feet of Block 13, TOWN OF DELRAY, as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. The South 240 feet of the East 150 feet of Block 21, and the South 100 feet of the North 310 feet of the West 135 feet of Block 21, TOWN OF DELRAY, as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. - 3 - Ord. No. 75-95 , ' , ,1 ( \ ,) _.~_. \. -, .-..." -- - ' -~ -- The South 10 feet of Lot 12, Lot 13, and Lots 28 thru 38, Block 29, RESUBDIVISION OF BLOCK 29, TOWN OF DELRAY, as recorded in Plat Book 9, Page 66, of the - Public Records of Palm Beach County, Florida. .-- Section 5. 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 OS (Open Space) District from GC (General Commercial) District for the following described property: Lots 1 thru 11, Block 1, ODMANNS SUBDIVISION, less 1-95 right-of-way, and Lots 1 thru 11, Block 4, ODMANNS SUBDIVISION, less 1-95 right-of-way, as recorded in Plat Book 4, Page 53, of the Public Records of Palm Beach County, Florida. Lots 1 thru 11, Block 1, and Lots 1 thru 11, Block 2, ATLANTIC PARK GARDENS, as recorded in Plat Book 14, Page 56, of the Public Records of Palm Beach County, Florida. Section 6. 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 Sections 1 through 5 hereof. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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 9. That this ordinance shall become effective immediately upon the effective date of Ordinance No. 69-95, under which official land use designations of General Commercial, Low Density Residential, Medium Density Residential, Community Facilities or Open Space are affixed to the subject parcels hereinabove described in furtherance of the West Atlantic Avenue Redevelopment Plan. - 4 - Ord. No. 75-95 , ' , ............ ._.- ~.. -- .. --....-. ......_.......___.-1 ,.J--.- ....__. . j - , ~-_._.~...- .'-- '- .-_. - --, ( \ , J " . \ I , '-,.. , . ! , .. 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 - 5 - Ord. No. 75-95 , · , -, -' - . . - .. .. .. '..' - '. , ~..' - . tz ~ /lD1{ ) , ~ I ~ ~~ B lIe ~ ~ ! I ~ ~ t~! ~:----------~ B -I I~" ITT lOtH IUt 1:::1 g g » 'jl H+~ I I I I ~ " '1 Õ Õ -I'~ ! !S',o. - :u !Þ i~ ~ ' tit i: ~ Z .. ! I~ ~:I~~· ~ þ :::! · ICIr:,Þ" f- ~~ o h- ,II: ~ go::::: I':: "'-. I I fI! ='1" ,.....«';.. :::::: ..: <tÞ' LL L... .------., r. ~ ...... . F ¡;;;;; VI ...... m I J:;:::::I -^ '"'- :::::: ¡.L.. J:;:::::I ..... ~ :u :p ~ ~ " ) '.. ~T[~;I >, ~OO ..... ,,"'9'~ i: .... m ¡I:: :1:: ~ ::JJ - I ,,'. , ~ ~ ~ . ~ . ~~ jjj~ ~~~ .'~ I Z ~ J - ". E3 ~ I ~.;..:" - ....ok t=~ , ~ en ~ L I ~ I ±".. ~ - 4 I g ~;- bJl ..... I u ~ H T - I ~I-- _:!I!: - R- I-- I- I õ I-¡'w :::: .. I-- I , ~ I' ~.~ ,1'1 >-~I ...:~t!; ~ ~ ~ : H m ...~ . :1 : ~ .~~ \, ~ I = . I I I-L : : -\ I \. 'r IF 1== : : :: T "n; - ''\ I s.~ 4 l.IlE._ ..~ ~I:: ~ I ¡ .... =i _ ~ ,¡~: rr¡ " "0 ~~ ~::,.,,¡:- :::0 w. !II!!! 00 II ' ~~ I !U~ i~ I. ~ -r, (') ~(/) ! I M..::tx ~i ". H I () a :.. ... ~ · -I J:!..- ,,~ .,., ~ N I-- f-- o I-- I- - ZQ!: Z I-- [, ~.. iQ Z I-- ,. 1-0(:1 o 'âIT>- :"- I 'I "I" I-- I- ~p rr-¡ W N TON · A 'Þ'N U :i.., lµ..~~ Iii ~~.~ ~ II ~I ~ IS õ i" I!" DTIJJJ aig ~ i I I lij5 I-,J,-L- ~ · Ii i :ð ~ ~ R -I I I I I I J:= FI I I I' ".. 11 II"~ I :1 I I Î I Î I I f -It--- I-....Jf' I , I 11 f I I I I II I I I II , ' . "-. - . . . ., PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 21,1995 AGENDA ITEM: V.D. ITEM: Rezonings from GC (General Commercial) to R-1-A (Single Family Residential), GC to RM (Medium Density Residential), GC to OS (Open Space), R-1-A to GC, and RM to GC, associated with the adoption of the West Atlantic Avenue Redevelopment Plan , - See Attached Zoning Maps For Location GENERAL DATA: Owners....,..............., ,. ..... ,.. ....., ....... ..... Various Applicant............................,..............,... David C, Harden City of Dehëíy Beach Location................................................ North and south sides of Atlantic Avenue, between Swinton Avenue and 1-95, Property Size...........,............................ Approximately 17 acres Future Land Use Map.........................: Redevelopment Area #1 Current Zoning..................................... GC, R-1-A, RM Proposed Zoning................................., GC, R-1-A, RM, OS Adjacent Zoning.........................North: GC, R-1-A, RM, OS, CF East: GC, R-1-A, RM, OS, CF South: GC, R-1-A, RM, OS, CF West: GC, R-1-A, RM, OS, CF Existing Land Use......:......................... Existing single family residences, commercial structures, vacant parcels, multiple family residential properties, and parks, Proposed land Use.........,...,............... Rezonings from GC (General Commercial) to R-1-A (Single Family Residential), GC to RM (Medium Density Residential), GC to OS (Open Space), R-1-A to GC, and RM to GC, as appropriate, to implement the provisions of the West Atlantic Avenue Redevelopment Plan. Water Service....,.....,............................ Existing on site. Sewer Service,......,.............................. Existing on site. V.D. , , I, . .. .-- .., -I . ..' .'- Jjl)I:¡¡¡¡¡¡¡ri.1111¡¡r~~¡¡¡¡:¡¡¡¡¡¡¡¡¡:¡¡~¡¡¡¡:¡I¡¡ll¡fi¡¡:¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡:¡:¡¡¡¡¡¡¡¡¡¡¡¡)¡¡:)¡¡¡ìÎEI,¡¡¡\illlll¡¡¡III:¡¡illll!¡¡¡¡I¡¡f~~¡¡~¡:¡I¡¡¡¡:¡:¡¡::¡:¡¡:I:¡¡¡¡¡¡¡¡¡¡¡:¡¡¡¡¡¡¡¡¡¡¡:¡¡¡¡::¡¡::¡¡::¡::¡¡¡¡¡¡¡¡¡:¡I:¡:!¡::¡:¡:¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡:¡ The action before the Board is making a recommendation on the following rezoning requests: From GC (General Commercial) to R-1-A (Single Family Residential) for the following parcels: o Lot 33, Block 1, Atlantic Pines o Lots 12,13,21, and 22, Block 1, Atlantic Park Gardens o Lots 12,13,21, and 22, Block 1, Odmann's Subdivision GC (General Commercial) to RM (Multiple Family Residential) for the following parcels: o Lots 12, 21, and 22, Block 4, Odmann's Subdivision o Lots 12,13,21, and 22, Block 2, Atlantic Park Gardens RM (Multiple Family Residential) to GC (General Commercial) for the following parcels: o Lots 14, 15, 23, and 24, Block 8, Atlantic Gardens o Lots 9,10,18, and 19, Block 1, Belair Heights o Lots 3-6, and 11, Block 2, Belair Heights o Lot 5, Subdivision of Section 17, Township 46, Range 43 o Lots 14-16, and 23-25, Block 5, Town of Delray o South 150' of the north 385' of the west 135' of Block 13, Town of Delray o South 100' of the north 350' of the east 135' of Block 13, Town of Delray o South 240' of the east 152' of Block 21, Town of Delray o South 100' of the north 310' of the west 135' of Block 21, Town of Delray o Lots 28-38, Block 29, Town of Delray R-1-A (Single Family Re~idential) to GC (General Commercial) for the following parcels: o Lots 1-5, and 22-28, Revised Plat of Block 36, Town of Delray GC (General Commercial) to OS (Open Space) for the passive parks formerly described as: o Lots 1-11, Block 1, Odmann's Subdivision, less 1-95 right-of-way o Lots 1-11, Block 1. Atlantic Park Gardens o Lots 1-11, Block 4, Odmann's Subdivision, less 1-95 right-of-way o Lots 1-11, Block 2, Atlantic Park Gardens 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. , ' . ". '-. . ., , . , " ", -<... --.-- ' , Planning & Zoning Board Staff Report Rezonings Associated with the West Atlantic Avenue Redevelopment Plan Page 2 I " , ,. . I With the adoption of the Comprehensive Plan in 1989, the West Atlantic Area was designated as Redevelopment Area # 1 on the Future Land Use Map. Future Land Use Element Policy C-2.4 requires the preparation of a redevelopment plan for the area. The West Atlantic Avenue Redevelopment Plan has been completed and was adopted by the City Commission at its meeting of July 11, 1995. Although most parcels within the West Atlantic Avenue Redevelopment Area will retain their current zoning, implementation of the redevelopment plan requires some rezonings. The proposed rezonings are those required to implement the redevelopment plan. ~:IB'I\iJltJfllilii¡II¡¡ifi~lltllll~III_llllì¡1111111It111-.-_ The development proposal is to rezone the above referenced parcels to implement provisions of the West Atlantic Avenue Redevelopment Plan. The provisions of the plan call for properties within approximately 300' of Atlantic Avenue to be zoned GC, with most of the remaining parcels zoned R-1-A or RM. These rezonings are proposed in order to adjust the boundary between commercial and residential development to meet that provision and to reflect existing conditions. Additionally, the passive parks adjacent to 1-95 are currently zoned GC and are proposed for rezoning to OS to match their current use. 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 fimr areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use Map designation for the subject properties is Redevelopment Area #1, Zoning designations for areas identified as redevelopment areas on the FLUM are to be determined by the redevelopment plan prepared for the specific area, As the rezonings implement the adopted , ' "."...' . " . .- .. "~~ . . '- ,- ~--'_._-- . Planning & Zoning Board Staff Report Rezonings Associated with the West Atlantic Avenue Redevelopment Plan Page 3 redevelopment plan, the proposed zoning designations are consistent with the Future Land Use Map designation. Future Land Use Map amendments to assign the FLUM designations that are consistent with the redevelopment plan and the proposed zonings are being processed as a part of Comprehensive Plan amendment 95-2. 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: . The current zoning designations allow for the accommodation of commercial development generally limited to approximately 300' in depth along Atlantic Avenue. Although the portion of the redevelopment area zoned GC is slightly increased by the proposed rezonings, the potential intensity of future development in the area is not increased. A reduction to the height limit for commercial structures and a limitation on the depth of commercial structures. to 150' from Atlantic Avenue will be applied to the redevelopment area. Due to those restrictions, the overall development potential and potential traffic generation will be decreased. Per Palm Beach County 1993/94 traffic counts, the link of Atlantic Avenue from NWand SW 12th Avenue to Congress Avenue is a 4-lane, divided section and carries 30,575 average daily trips (AOT). The design capacity of a 4-lane, divided section at Level of Service "0" is 29,400 AOT. Thus, this segment is slightly over capacity. New development in this area may add trips to that road segment. The City is in the process of adopting a Transportation Concurrency Exemption Area (TCEA) that includes the redevelopment area. The TCEA will eliminate the need for specific traffic concurrency . findings with development approvals. Based on the above a positive finding can be made at this time with regard to traffic concurrency. Water: Water service is available to all of the subject parcels. Upgrades required to adequately serve the area are identified in the plan and are programmed by the Environmental Services Department. The Oelray Beach water treatment plant has adequate capacity to serve the City at build out. Sewer: Sewer service is available to all of the subject parcels. No upgrades are required to adequately serve the area at the development intensity projected by the redevelopment . ' -- .~<+ ".- -_.. ,,----'--'--"" ----^ --...- . ~- . . Planning & Zoning Board Staff Report Rezonings Associated with the West Atlantic Avenue Redevelopment Plan Page 4 plan and the proposed rezonings. The South Central Wastewater Treatment Facility has adequate capacity to serve the City at build out. Parks and Recreation: The Delray Beach Comprehensive Plan Parks and Recreation Element indicates that the City meets the adopted level of service for parks and recreation facilities for the ultimate build-out population of the City. Solid Waste: The proposed reduction to the height limit for commercial structures and a limitation on the depth of commercial structures to 150' from Atlantic Avenue will be applied to the redevelopment area. Due to those restrictions, the overall development potential and potential solid waste generation will be decreased by this action. Consistency: Compliance, with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: C) Additional strip commercial zoning on'vacant properties shall be avoided~ This policy shall not preclude rezonings that at the time of rezoning has improvements on it. Where,existing strip commercial areas or zoning exist along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed rezonings affect the depth and size of an existing strip commercial area. The effect of most of the rezonings is to increase the depth of that commercial area. Concurrent with the proposed rezonings, LOR text amendments are proposed which would improve the design of projects in the area. The remainder of the rezonings will eliminate inåppropriate strip commercial areas. Thus, the proposed rezonings meet this standard. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. , ' Planning & Zoning Board Staff Report Rezonings Associated with the West Atlantic Avenue Redevelopment Plan Page 5 The compatibility of commercial properties with adjacent residential areas was a primary concern in the preparation of the redevelopment plan. The redevelopment area is currently composed of a commercially zoned area centered on Atlantic Avenue, bordered to the north and south by residential zoning. The proposed rezonings adjust the boundaries of the commercial area with the adjacent residential areas. The compatibility of the areas is not affected by the rezonings. Furthermore, the LOR text amendments being processed concurrently provide regulations, especially the limitation on structures to a depth of 150' from Atlantic Avenue, which will enhance compatibility. Thus this standard is met by the proposed rezonings. Standards "A" and "B" do not apply to the proposed rezonings. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. . The appropriate reasons for the proposed rezonings are "b" and "c," based on the following: The Comprehensive Plan identifies the West Atlantic Avenue Area as Redevelopment Area #1. Development in the area is to be guided by a redevelopment plan adopted by the City Commission. The Commission adopted the West Atlantic Avenue Redevelopment Plan at its meeting of July 11, 1995. The adoption of the plan significantly. changes the circumstances in the area by outlining a vision for the future development of the area. The proposed rezonings are required to implement the provisions of the adopted plan. In order to implement the adopted redevelopment plan, FLUM designations for the area are being amended as directed in the plan. The proposed zoning districts are of similar intensity to the new FLUM designations and will be more appropriate than the existing zonings, based on the direction of the community and the adopted plan. The intensity of development in the area is not significantly changed by the proposed rezonings. The , " Planning & Zoning Board Staff Report Rezonings Associated with the West Atlantic Avenue Redevelopment Plan Page 6 appropriateness of zonings in the area was a fundamental concern during the review of the redevelopment plan. The adoption of the redevelopment plan establishes the City's finding that the proposed zonings are more appropriate than the existing. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Future Land Use Element Policy C-2.4 The following pertains to the Atlantic Avenue Redevelopment Area: This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in thi$ area include single family homes, duplexes, mini-parks, commercial uses along Atlantic Avenue and NW 5th Avenue, and scattered vacant parcels. The redevelopment program should contain, at least, the following elements: 0 redevelopment and enhancement of the Atlantic Avenue business corridor/district; 0 increasing housing opportunities on vacant lots; 0 establishment of a Minority Business Enterprise (MBE) program that would involve many community residents in working toward entrepreneurship in the redevelopment effort; and 0 continuation of the East Atlantic Streetscapetheme westerly to 1-95. Commercial redevelopment should be approached on a block-by-block basis and . generally should be confined to a depth of 300 feet from Atlantic Avenue rights- of-way. However deep the commercial development, great care must be taken with respect its relationship and impact upon existing or proposed residential uses. Residential redevelopment and the provision of housing shall generally follow the objectives and policies of Goal Area "B" of the Housing Element The eastern portion of the redevelopment area shall focus upon governmental and institutional uses thus building upon current investments in the County Courthouse and City Hall expansion programs. The C.R.A. shall be the lead agency in the preparation of this redevelopment plan. The plan shall be complied in Fiscal Year 91/92 and adopted as a formal amendment to the City's Comprehensive Plan. Creation of the plan must include maximum feasible public participation including, but not limited to, a series of public hearings. . , Planning & Zoning Board Staff Report Rezonings Associated with the West Atlantic Avenue Redevelopment Plan Page 7 A redevelopment plan addressing the above issues has been completed and adopted by the City Commission, The rezonings being considered at this time are proposed to fulfill the provisions of the plan. Thus, this policy is furthered by the proposed rezonings. Compliance with Land Development Regulations: 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. No development proposals have been received for the subject properties. Any proposed development will be subject to the provisions of the adopted redevelopment plan. The proposed rezonings are not in a geographic area requiring review by the Downtown Development Authority or the Historic Preservation Board. Community Redevelopment Agency: The rezonings are in a geographic area requiring review by CRA. The CRA Board reviewed this item at its meeting of August 10, 1995 and unanimously recommended approval. ? Visions West Atlantic: The Visions West Atlantic Steering Committee has not specifically reviewed this item. However the Committee reviewed the redevelopment plan extensively at a series of meetings over the past two years. The Committee is strongly in support of the provisions of the plan. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject properties. A special notice has been sent to each of the property owners of record. Courtesy notices have been sent to: o Tony Harnden o Carolyn Zimmerman Delray Merchants Association West Atlantic Avenue ARC I' ... --- ... ..... .-' . - . '. . , Planning & Zoning Board Staff Report Rezonings Associated with the West Atlantic Avenue Redevelopment Plan Page 8 o Norma Banoura o Clay Wideman 600 Block Association Peach Umbrella Association o Charlotte Durante Peach Umbrella Association who have requested notification of petitions in that area. Letters of objection, if any, will be presented at the P & Z Board meeting. The proposed rezonings are required for the implementation of the adopted West Atlantic Avenue Redevelopment Plan. The rezonings adjust the boundaries between the residential and commercial portions of the redevelopment area and will not have a major effect on the relationship between the two land uses. Positive findings can be made regarding LDR Section 3,1.1 (Required Findings), LDR Section 3.3.2 (Standards for Rezoning Actions), and LDR Section 2.4,5(C)(5) (Rezoning Findings). Therefore, the proposed rezonings can be recommended for approval based on the positive findings outlined in this report. Ili:l.¡tilf(tlllll!!!¡!I[[I.¡!IJ.II!I.!II.t.I!i~liliiltl!I~11IIIIIIIt_]IIIIIII)I¡1¡li.¡1~1'.lIit_11Iifll A. Continue with direction, B. Recommend rezoning >of the subject parcels, based on positive findings with respect to Section 2.4.5(D)(1) (rezoning findings), Section 3.1.1, and the performance standards of Section 3.3.2. C. Recommend denial of the rezonings, based on a failure to make positive findings. ~11\lr'llli¡ll.litI1}il~I!¡¡illl¡lilll\\~lllllfl.llllll¡11111llli!I!¡IJii.f~i¡¡¡;llt1i_tIIIJI11111{~ Recommend approval of the following rezoning requests: From GC (General Commercial) to R-1-A (Single Family Residential) for: o Lot 33, Block 1, Atlantic Pines o Lots 12, 13, 21, and 22, Block 1, Atlantic Park Gardens o Lots 12, 13, 21, and 22, Block 1, Odmann's Subdivision , ' , . . " Planning & Zoning Board Staff Report Rezonings Associated with the West Atlantic Avenue Redevelopment Plan Page 9 From GC (General Commercial) to RM (Multiple Family Residential) for: o Lots 12, 21, and 22, Block 4, Odmann's Subdivision o Lots 12,13,21, and 22, Block 2, Atlantic Park Gardens RM (Multiple Family Residential) to GC (General Commercial) for: o Lots 14, 15, 23, and 24, Block 8, Atlantic Gardens o Lots 9,10,18, and 19, Block 1, Belair Heights o Lots 3-6, and 11, Block 2, Belair Heights o Lot 5, Subdivision of Section 17, Township 46, Range 43 o Lots 14-16, and 23-25, Block 5, Town of Delray o South 150' of the north 385' of the west 135' of Block 13, Town of Delray o South 100' of the north 350' of the east 135' of Block 13, Town of Delray o South 240' of the e~st 152' of Block 21, Town of Delray o South 100' of the ~orth 310' of the west 135' of Block 21, Town of Delray o Lots 28-38, Block 29, Town of Delray R-1-A (Single Family Residential) to GC (General Commercial) for: o Lots 1-5, and 22-28, Revised Plat of Block 36, Town of Delray GC (General Commercial) to OS (Open Space) for the passive parks formerly described as: o Lots 1-11, Block 1, Odmann's Subdivision, less 1-95 right-of-way o Lots 1-11, Block 1, Atlantic Park Gardens o Lots 1-11, Block 4, Odmann's Subdivision, less 1-95 right-of-way o Lots 1-11, Block 2, Atlantic Park Gardens based upon positive findings witn respect to Section 3,1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). 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M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: WCITY MANAGER SUBJECT: AGENDA ITEM :II: I J. 1-1 - MEETING OF NOVEMBER 21, 1995 REVIEW OF PROPOSED ANNEXATION AGREEMENT DATE: NOVEMBER 17, 1995 Review of the proposed annexation agreement for the Hardrives property is shown on your agenda as an ancillary item to first reading of the annexation ordinance (#76-95). At the time the agenda was complete, staff was still reviewing the agreement. If possible, it will be provided to you either before or at the meeting on Tuesday evening. 16 /Cj 5 í 1. t¡¡l) ~f1r¡ OtfJ. ,5 sfifl fP .5 ~ ref:agmemo24 , . o~ . .. e"~ . CITY COMMISSION DOCUMENTATION TO: D~¡;MANAGER THRU: DI NE DOMING Z. DI~~ DE~EN~~ ING ND ZONING FROM: PAUL DORLlNG, RI CIPAL PLANNER SUBJECT: MEETING OF NOVEMBER 21, 1995 ANNEXATION OF A 27.76 ACRE PARCEL LOCATED APPROXIMA TEL Y 1,000 FEET SOUTH OF LINTON BOULEVARD ON THE EAST AND WEST SIDES OF CONGRESS AVENUE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance annexing 27.76 acres known as the Hardrives enclave. The subject property is located approximately 1,000 feet south of Linton Boulevard on the east and west sides of Congress Avenue. BACKGROUND: The Hardrives site was developed in the county prior to 1976 and consists of three parcels with a total of 27,76 acres. One 15.53 acre parcel is located on the west side of Congress Avenue and contains an office with electric and support room for three Radio towers (2 - 300' high and 1- 400' high), Two parcels (.44 acres and 11.79 acres) are located on the east side of Congress Avenue and contain the industrial operation of Hardrives which includes heavy equipment storage, repair, and other operations necessary for road construction. With the adoption of the Comprehensive Plan in November, 1989, "advisory" land use designations were applied to all areas which were outside the City limits but within the City's Planning Area. The 27.76 acre Hardrives site was given advisory designations of Transitional (15,53 acres) and Industrial (12,23 acres), The 15,53 acres of Transitional was intended to accommodate future office development while the 12.23 acres of Industrial was to accommodate the existing industrial operation. , ' I ANALYSIS: The request is for voluntary annexation of 27,76 acres which represents the total Hardrives enclave, Accompanying the annexation request is an annexation agreement along with two Small Scale Future land Use Map amendments and the application of initial City zoning designations, These include a 6.72 parcel (west side of Congress Avenue) which will receive a Transitional land Use Map designation and Planned Office Center zoning designation and a 7,93 acre parcel (east side of Congress Avenue) which will receive an Industrial land Use Map and zoning designation. The balance of the 27.76 acre site ( 8,89 [west side] & 4.43 [east side]) will retain the current county land use and zoning designations pursuant to Florida Statute 171.062. With the processing of Comprehensive Plan Amendment 96-1 City land Use Map designations of Transitional and Industrial, and zoning designations of Planned Office Center and Industrial will be processed. For additional background and analysis see attached Planning and Zoning staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will consider this item at its November 20, 1995 regular meeting. As the Board's recommendation is not available with the writing of this report the recommendation will be presented at the City Commission meeting. RECOMMENDED ACTION: By motion, approve on first reading the ordinance annexing the property based upon positive findings with respect to policies of the Comprehensive Plan and upon the following findings: . That the property is contiguous, reasonably compact and does not create an enclave; . That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: P&Z Staff Report , ' I . ( ,,' . . rl- ,--.. ' . . ~:. ORDINANCE NO. 76-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A 27. 76 ACRE PARCEL OF LAND KNOWN AS THE HARDRIVES PROPERTY, LOCATED APPROXIMATELY 1,000 FEET SOUTH OF LINTON BOULEVARD ON THE EAST AND WEST SIDES OF CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS '1'0 EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, George T. Elmore, as Trustee,is the fee-simple owner of a parcel of land as more particularly described herein; and WHEREAS, Jeff Lis, as the duly authorized agent for the fee-simple owner hereinabove named, has requested by petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: A parcel of land lying in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Beginning at the point of intersection of the South line of the Plat of the Terraces at Centre Delray, as recorded in Plat Book 45, Page 49, Public Records of Palm Beach County, Florida, with the West right-of-way line of Congress Avenue (a 120 foot . ' ,. 1: ( ,- . - right-of-way as shown on said plat); thence South 00 degrees 26' 23" East along said right-of-way line of .' Congress Avenue (the west right-of-way line of Congress Avenue is assumed to bear South 00 degrees . 26'23" East and all other bearings stated herein are relative thereto) a distance of 1033.56 feet; thence _. South 89 degrees 03'43- West along the North line and the Easterly extension thereof, of the Plat of Sabal Pine Phase 2, as recorded in Plat Book 39, Page 189, Public Records of Palm Beach County, Florida, a distance of 1234.38 feet to the southeast corner of the Plat of the Environment, I, as recorded in Plat Book 43, Page 141, Public Records of Palm Beach County, Florida; thence North 00 degrees 24'16- West " along the East line of said Plat a distance of 31.76 feet to the South corner of the Plat of Lakeside at Centre Delray, as recorded in Plat Book 50, Page 195, Public Records of Palm Beach County, Florida; thence North 50 degrees 11'51" East along the southeasterly line of said Plat of Lakeside at Centre Delray and the Terraces at Centre Delray a distance of 430.40 feet; thence North 01 degree 09'15" West along the East line of said Plat of the Terraces at Centre Delray a distance of 174.79 feet; thence North 89 degrees 02'27" East along the South line of said plat a distance of 217.66 feet; thence North 50 degrees 11'5111 East along the southeasterly line of said plat a distance of 887.39 feet to the Point of Beginning. Containing 15.529 acres, more or less. TOGETHER WITH: A parcel of land lying in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Beginning at the intersection of the West right-of-way line of Seaboard Airline Railroad with the East-West Quarter Section line of said Section 30, thence South 00 degrees 27'17" East, along the West right-of-way line of said Seaboard Airline Railroad, a distance of 476.28 feet; thence South 89 degrees 13'16" West, a distance of 393.01 feet to the intersection thereof with the East right-of-way line of Congress Avenue (a 120.00 foot road right-of-way, as laid out and now in use); thence North 00 degrees 27'1711 West, along the East right-of-way line of said - 2 - Ord. No. 76-95 . ' , i .:..... ~ . . , ' ) '" . -- '-", - - -. : .- Congress Avenue, a distance of 476.28 feet to the intersection thereof with the East-West Quarter Section line of said Section 30; thence, continuing North 00 degrees 27'17" West, continuing along the East right-of-way line of said Congress Avenue, a distance of 652.64 feet to the intersection thereof with the Southerly boundary of the Lake Worth Drainage District; thence, continuing North 00 degrees 27'17u West, along the East right-of-way line of said Congress Avenue, a distance of 127.28 feet; thence North 89 degrees 45'39" East, departing the East right-of-way line of said Congress Avenue, , -' continuing along the southerly boundary of said Lake Worth Drainage District, a distance of 155.73 feet; thence North 50 degrees 24'5611 East, continuing along the southerly boundary of said Lake Worth Drainage District, a distance of 101.84 feet; thence North 58 degrees 41'41" East, continuing along the southerly boundary of said Lake Worth Drainage District, a distance of 78.62 feet; thence North 01 degree 19'34" West, departing the boundary of said Lake Worth I Drainage District, a distance of 229.44 feet; thence North 82 degrees 25'43" East, a distance of 95.00 feet to the intersection thereof with the West right-of-way line of said Seaboard Airline Railroad; thence South 00 degrees 27' 1711 East, along the West right-of-way line of said Seaboard Airline Railroad, a distance of 1122.28 feet to the Point of Beginning. Containing 12.23 acres, more or less. The subject property is located approximately 1,000 feet south of Linton Boulevard on the east and west sides of Congress Avenue; containing 27.76 acres, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described parcels and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. - 3 - Ord. No. 76-95 , ' , 'I - i : ~ . , . ) ". .. - ' - - -., Section 4. That this annexation of the subject property, , - including adjacent roads, alleys, or the like, if any, shall not be - deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the city pursuant to current requirements and conditions. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 7. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 76-95 , ' ~ , ~ c II III VI VI w cr: C) z 0 u N - o ~ OEPARNEHT ANNEXATION TV or OQJtAy lEACH, n. - - IJICfTAI. IIASC MAP SYSTeM -- , PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT--- MEETING DATE: November 20,1995 AGENDA ITEM: V.F. ITEM: Annexation of a 27.76 acre parcel (Hard rives), located on the east and west sides of Congress Avenue, south of Germantown Road. GENERAL DATA: Owner........,..................................... George T. Elmore, Trustee ApplicantlAgenl.............................. Jeff Lis Location.........................................., On the east and west sides of Congress Avenue, south of Germantown Road. Property Size....................,......,....... 27.76 Acres . Existing Future land Use Map........ Industrial- Palm Beach County Proposed Future Land Use Map..... Transitional and Industrial Current County Zoning.................... CHO (Commercial High Office), (Agricultural Residential), and IL (Light Industrial) Proposed City Zoning.,.................... POC (Planned Office Center) and I (Industrial) Adjacent Zoning..........,..........North: POC and I East: CD (Conservation) South: POC, RM (Medium Density Residential), and PCC (Planned Commerce Center) West: RM and POC Existing Land Use.........................., Existing Hardrives Paving Company including a concrete manufacturing facility, an office 1 structure, communication towers, parking, and landscaping. Proposed Land Use,........................ Annexation of the property to accommodate a future office development and the existing industrial use. Water Service.................................. Existing 10· water main in Congress Avenue. Existing 10· water main serving the Centre Delray (Office Depot) site to the north of the subject property , Sewer Service.........................,....... Existing 8· sanitary sewer main in Congress Avenue connecting to lift station 35. Existing 8· sanitary sewer main serving the. Centre Delray (Office Depot) site to the north of the subject property connecting to lift station 35A. V.F, , ~¡:¡¡:~::¡:!i¡¡:~:::::~:~::':¡:~~:::::~:::::¡:¡:::f::::f:~:~f¡!~:::!~:!~~:::f:~f::i:::~~::~~¡:::¡~~:::IIII:::;ÎIÊIII:¡:III::::IIIII~:!¡:¡:!¡!¡l¡rii¡¡\tl~¡¡j¡~l:l¡:j1:!:~r¡:~lr~j:!~¡:rili~:¡:~::~¡:!:~r:¡~::::!:::! The action before the Board is that of making a recommendation on a voluntary annexation of property known as Hardrives. The subject property is located approximately 1,000 feet south of Linton Boulevard on the east and west sides of Congress Avenue. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to annexation and zoning of property within the City's Planning Area. The Hardrives site was developed in the county prior to 1976 and consists of three parcels with a total of 27.76 acres, One 15,53 acre parcel is located on the west side of Congress Avenue and contains an office with electric and support room for three Radio towers (2 - 300' high and 1- 400' high), Two parcels (.44 acres and 11.79 acres) are located on the east side of Congress Avenue and contain the industrial operation of Hardrives which includes heavy equipment storage, repair, and other operations necessary for road construction. In 1986 the Florida State Legislature provided a mechanism for annexation (House Bill 1061 -Delray Beach Enclave Act) of the many enclaves existing within the Delray Beach Planning Area. However, this area along with two other areas (North Federal Highway and the Kingsland subdivision) were specifically exempted from the act, and property remained under the county's jurisdiction. With the adoption of the Comprehensive Plan in November, 1989, "advisory" land use dèsignations were applied to all areas which were outside the City limits but within the City's Planning Area, The 27.76 acre Hardrives site was given advisory designations of Transitional (15.53 acres) and Industrial (12.23 acres), The 15.53 acres of Transitional was intended to accommodate future office development while the 12.23 acres of Industrial was to accommodate the existing industrial operation. l:i:¡i¡:¡¡~:¡:::¡:::::::::~lIIi:¡:I:¡¡:::::::::::::¡:::i::::::::::::::¡~::i¡:::¡:::::~¡~::i::~:::i::::::::::::¡i:::¡:lløðlll:¡:1_sl'I:~'tllî¡~::¡¡:::::::¡f:¡¡::::::::r:~:¡i:::¡:::::::~¡:1:1:::::¡::¡:¡i,:I:¡i¡:::::::::¡::~¡i:':::::::::1:::::!:¡:¡:::;:::::::::::¡:I ,::::»:::::::::::,:,:::::::,:::,:,:::::,:,:,:,:::,:::::::,:,:,:,:::::::,:<::::,:::::::::,:::::;:;:::::::,:::::::::,:::::::::::::::::::::::::::::::::::::::::::::.:::::.:::::::::':::':::::::::::::::::':::::':::::::':::::::':::.:::::::::':':::::::::::::':':':':::':.:::::::::::::.:::':::::':::':::::':::':::':':':::::':.:::,:,:,.,:::::::.:,:,:::.:,:,:::::.:,:::.:::.:.:.".:,:::':.:.:.:.:::':':':':::::::':::::':':':':':.:':.:':':::::<':::::::::::::: The request is for voluntary annexation of 27.76 acres which represents the total Hardrives enclave, Accompanying the annexation request and included in separate reports are two small scale amendments and the application of initial City zoning designations. These include a 6.72 parcel (west side of Congress Avenue) which will receive a Transitional Land Use designation and Planned , ' . P&Z staff report Annexation - Hardrives Page 2 Office Center zoning designation and a 7.93 acre parcel (east side of Congress Avenue) which will receive an Industrial Land Use and zoning designation. The balance of the 27.76 acre site (8.89 [west side] & 4.43 [east side]) will retain the current county land use and zoning designations pursuant to Florida Statute 171.062. With the processing of Comprehensive Plan Amendment 96-1 City Land Use designations of Transitional and Industrial, and zoning designations of Planned Office Center and Industrial will be processed. The above land use actions are to accommodate the existing Hardrives Industrial uses, relocation of one of the three existing radio towers and separate office development. Florida Statutes Governing Annexations: Pursuant to Florida Statute 171.044" the owner or owners of real property in an unincorporated area of the County which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves", . The owner of the subject property has petitioned for a voluntary annexation. . The property is contiguous with the City, reasonably compact, and its annexation will eliminate an enclave rather then create one. The parcel is contiguous via the Office Depot office complex to the north and west, 1-95 and Waterford DRI to the east and the Delray Oaks preserve area to the south. Consistency with the City's Comprehensive Plan: The City's current advisory Future Land Use Map designations for the property are a combination of Transitional and Industrial. At this time only two portions of the property are being assigned a City Future Land Use Map designation via the small scale amendment process. The remaining property will be assigned City Land Use designations with the processing of Plan Amendment 96-1, Pursuant to Florida Statute 171,062 (2) if the area annexed was subject to a County Land Use designation and county zoning these regulations will remain in , , P&Z staff report Annexation - Hardrives Page 3 full force and effect until the municipality adopts a Comprehensive Plan Amendment that includes the annexed area, Therefore, the balance of the property which is not subject to the small scale land use amendment process will continue to have a County land Use Map designation of Industrial and county zoning of Light Industrial, Commercial High Office, and Agricultural Residential. The City's FlUM designations will become effective upon annexation of the property involved in the Small Scale land Use Map Amendment process and upon completion of the City's Plan Amendment 96-1 for the balance. Designated Annexation Area: This requested annexation is consistent with Policy B-3.4, of the City's Future land Use Element which calls for annexation of eligible properties. The property is shown within the "designated annexation area" # 9 . Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future land Use Policy B-3.1). The following is a discussion of required services and potential provision levels. Police: This property is currently serviced by the Palm Beach County Sheriffs Office, located at 345 South Congress, which serves the South County Area, The property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road on the west, Delray Beach City limits on the east, Atlantic Avenue to the north, and Clint Moore Road to the south, One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as police currently pass the property while patrolling areas of the City to the north, south, and west of the property, Fire and Emergency Services: The annexation of this property will not require additional manpower. With annexation the property will receive an improvement in response time from the current 9 1/2 minutes for the County Fire Department (Fire Station #42/ Hagen Ranch Road near the Turnpike) to approximately 2 1/2 minutes for the City's Fire Department ( Fire Station #3 Linton Boulevard east of 1-95). , ' P&Z staff report Annexation - Hardrives Page 4 Water: Water is available to the site from an 8" main located on the east side of Congress Avenue and 10" mains which serve the office buildings immediately north of this site. Looping of the mains (i.e. connection to both sources) may be required to provide adequate pressure. In addition along the new mains, fire hydrants must be installed with a maximum spacing of 300'. Sewer: Sewer service is available from an 8" main which serves the office buildings to the north. Extension of the mains southward to this site will be required. Streets: The property has the potential for access from both Congress Avenue and Germantown Road through cross access over existing offices to the north. Congress Avenue is under the jurisdiction of Palm Beach County and Germantown Road is under the jurisdiction of the City of Delray Beach, The jurisdictions and maintenance responsibilities of the roadways will not change with annexation, Parks and Open Space: As the Planning Area was considered in the development of the Comprehensive Plan, the act of annexation and applying initial zoning designations consistent with the advisory land use designations will have no effect on parks and open space levels of service. It is noted that the land use designations being sought both through the small scale amendment process and the balance with 96-1 are the existing advisory designations, Solid Waste: As there is no actual change in land use there will be no change in the existing solid waste generation at this time. However, proposed development is consistent with the advisory land use designations which were considered when levels of service were established on a county wide basis. The service provider for the existing and proposed development will remain the same (South County Sanitation), Financial Impacts: Impact Upon Annexed Property: For the 1995 tax year the subject property has an assessed value of $4,232,673. With the change from County to City jurisdiction, the following taxes and rates are affected: , , P&Z staff report Annexation - Hardrives Page 5 Ad Valorem Taxes Millage With annexation Fire/Rescue MSTU 2.5293 Deleted (County) library .4838 Deleted (County) City of Delray Beach 6.8700 Added (City) City of Delray Beach 1.0300 Added (City) 4.8869 difference * Total tax millage in the County is 19.8142 mills while in the City the total millage rate is 24,7011 mills The 1995 yearly ad valorem taxes are $ 83, 867.03 . With annexation the yearly ad valorem taxes will be $104,551.68; a tax difference of $20,684.65, In addition to property taxes the following non ad valorem fiscal impositions apply: Defray Beach Storm Water Utility ~ This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. A 25% discount is avaliable for a portion of the site (east side) as it contains a privetely maintained storm water system, The estimated annual Stormwater Assessment fee for the overall site (27.76 acres) is $9,739.05 a year. With future development of the site with office building and associated parking the assessment will increase accordingly, Solid Waste Authority: - This site is currently serviced by South County Sanitation, which is under a five year contract that runs from October 1, 1993 through September 30, 1998. The City's contract is currently through Waste Management Inc. Pursuant to Florida Statute 171.062(4)(a) "if a party has a contract which is in effect for at least six months prior to the initiation of an annexation, the franchisee may continue to provide such services to the annexed area for five years or the remainder of the franchise term, whichever is shorter. As the annexation was not initiated within the six month period, the waste provider for the commercial operation will not change with annexation, When this current contact expires, the waste provider for this property will be the current City provider. The out-of-City/in-City rates are anticipated to be competitive, Occupational Licenses: With annexation the existing commercial operation will be required to obtain City Occupational Licenses in addition to the required County Licenses. It is anticipated that the existing industrial use (contractor) and the associated offices will generate $250.00 in annual City license fees. , ' P&Z staff report Annexation - Hardrives Page 6 Resulting impact to property owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 95 County $20,684.65 19.8142 to City 95 rate 24.7011 mills, (4.8869) NON AD VALOREM Stormwater Assessment $ 9,739.05 Solid Waste Collection $ ,00 OCCUPATIONAL LICENSE FEES $ 250.00 TOTAL $ 30,673.70 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from 9.5 minutes (estimated time) (County) to 2.5 minutes (City), EMS + Faster response time from 9,5 minutes (estimated time) (County) to 2.5 minutes (City). POLICE + Better response based upon more officers in field. . CODE ENFORCEMENT + Pro-active versus reactive opportunity to work with property owners, , ' . P&Z staff report Annexation - Hardrives Page 7 Fiscal Impacts to the City: At the 1995 City operating millage rate of 6.87 mills and debt rate of 1.03 mills, the property will generate approximately $33,438.12 in new ad valorem taxes per year. The City will also collect annual licences fees of $250.00 and Stormwater Assessment fees of $9,739.05 for a yearly fiscal total of $43,427.17. With future office development, additional revenue will be realized through increased assessment value, building permit and license fees, the annual collection of the stormwater assessment fees as well as utility taxes (9.5% electric, 7% telephone) and franchise fees (5.536% electric, 1% telephone and 3% cable). The property 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). Notification of Adjacent Local Governments: Per Policy A-1.7 of the Intergovernmental Coordination Element of the City of Delray Beach Comprehensive Plan notification must be provided to an adjacent unit of government of any development proposal which involves a private land use petition requiring Local Planning Agency review and located within one- quarter mile of the boundary of that unit of government. Notice of this application has been sent to City of Boca Raton and Palm Beach County Planning Division. No objections have been received from either government agency. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property, Courtesy notices have been sent to: * Helen Coopersmith (PROD) * Bob Stump (Crosswinds) * Lewis Gold (Crosswinds single family) * Lenny Gonsalves (Eastwinds of Crosswinds) * Dorothy Alport (Southwinds of Crosswinds) * Sheldon Wesiner (Pines of Delray) * George Conley ( Pines of Delray East) * Minto Builders (Springs Landing) * Jack Frieder (Pines of Delray West) * Sabal Pine Condominium Inc, * Sabal Pine East Association . ' - P&Z staff report Annexation - Hardrives Page 8 * Sabal Pine South Association * AAG Management (Andover) * Erminio Giuliano (Foxe Chase) * Lillian Feldman * Alan Partis (Tropic Palms) J'tlljl\\iiii!¡!j\~!!I\¡:¡~:r~¡~¡¡!¡¡~\~¡\¡¡!¡¡¡¡¡~~:¡\!~¡\i~\\¡¡\~[:[i:!IIÎIIÎIIIIi:!II¡I:~¡.111111111;¡¡¡¡~¡[¡¡:\I\II¡¡¡¡¡II!:~il¡II¡~~~¡¡¡¡¡~¡~~¡ti:~¡¡I¡¡¡:i~i¡¡~\¡¡\~¡¡[¡¡I¡:¡1 The annexation of this property is consistent with the Comprehensive Plan policies which call for annexation of eligible properties (Future Land Use Element, Policy 8-3.4). The proposed initial zoning designations and land use designations which will simultaneously be applied to a portion of the property are consistent with the advisory land use designations. The annexation will not create an enclave, but will in fact eliminate an existing enclave which will aid in more efficient delivery of services. I""""""""""""""""""'" '" ... ,..... , y .. . "" .,.. ,.,y""""" ..", ,.."""""""""""", ",.. 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"',',',.".,,.,' "".""".""""",.."."".",dd',>.'..... :-:.:-_....,-:':_..:.;.:.,.:...;._.,._;.......... . '..:,:JW\- ..', ,._,', "K _.'. .._.:-:.:-:.:.:-:.:.,;..-:.;-:...... ..... ..... . ... .. "". :-:-:-:.......:_.._.-: ....-.....-'-... .... ,.'- ,.--. . .'.-' . .- ,....,-"._., .-... .-,....._..--._-- -..,_..... ..,. ..- -....._-,.. .......- ..--., ,-.-....-.."'.-....-.-.,-."..,...--.-.-..-.... . .-.. ",'-.' ... -.,..... . .' ... ". . A. Continue with direction. 8. Recommend approval of the annexation request upon positive findings with respect to policies of the Comprehensive Plan and Florida Statute 171,044. C. Recommend denial of the annexation based on a failure to make positive findings. Recommend approval of the Annexation request based upon positive findings with respect to policies of the Comprehensive Plan and upon the following findings: . That the property is contiguous, reasonably compact and does not create an enclave;, and, . That services will be provided to the property in a manner similar to other similar properties within the City. , .; . . '. . . cl<, t1v) ¡þp' CITY COMMISSION DOCUMENTATION ~ I~ TO: DAVI T. HARDEN, CITY MANAGER r~ )/6/) "- /éJ'1 q ,1 THRU: OMIN~IRECTOR DEPARTMENT NNING AND ZONING vLe ~. FROM: PAUL DORLlNG, P I CIPAl PLANNER SUBJECT: MEETING OF NOVEMBER 21, 1995 SMAll SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY INDUSTRIAL TO CITY TRANSITIONAL AND INITIAL ZONING OF POC (PLANNED OFFICE CENTER) FOR 6.72 ACRES lOCATED ON THE WEST SIDE OF CONGRESS AVENUE APPROXIMA TEL Y 1,600 FEET SOUTH "- OF GERMANTOWN ROAD. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance changing the Future land Use Map designation from County "Industrial" to City "Transitional" for a portion of the Hardrives property and an initial zoning of Planned Office Center, The subject property is located on the west side of Congress Avenue approximately 1,600 feet south of Germantown Road, BACKGROUND: This Small Scale land Use Map amendment and initial zoning proposal involves 6.72 acres of the 15,53 acre Hardrives parcel located on the west side of Congress Avenue, The amendment is being processed in conjunction with the annexation of the entire 27,76 acre Hardrives property (east and west of Congress Avenue) which is being processed simultaneously. The proposed change is from a County land Use Map designation of "Industrial" to a City land Use Map designation of "Transitional". An initial zoning designation of POC (Planned Office Center) is being sought simultaneously. The FlUM amendment and initial zoning involves a vacant western portion of the site and is being proposed to accommodate a proposed 200,000 sq,ft. office building. For additional background and analysis, see attached P&Z staff report, /~.:I-. , ' . . . , . . ..;.~-,¡ PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will consider this item at its November 20, 1995 regular meeting, The Board's recommendation was not available with the writing of this report and will be presented at the City Commission meeting. RECOMMENDED ACTION: By motion, approve on first reading the ordinance for the Small-Scale Future land Use Map amendment from County "Industrial" to City "Transitional" and the initial zoning designation of Planned Office Center based upon positive findings with respect to Section 3.1.1, Section 3.3,2, and Section 2.4.5(D) of the land Development Regulations, and policies of the Comprehensive Plan. Attachments: P&Z Staff Report r (.1 .... ~,<),' ) Section 4. That Chapter Two of the Land Development . Regulations has been followed in the establishment of the zoning classification in this ordinance and the tract of land hereinabove·, described is hereby declared to be in Zoning 'District POC (Planned ~~ Office Center) as defined by existing ordinances of the City of Delray - Beach, Florida. .. Section S. 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 4 hereof. Section 6. That all ordinances or parts of ordinances in ',', conflict herewith be, and the same are hereby repealed. _ Section 7. 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 8. That this ordinance shall become effective ) thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is _ issued by the Department of Community Affairs, or ,the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Committee, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of c:ommunity Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading _ Second Reading - 3 - Ord. No. 77-95 · . PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT--- MEETING DATE: November 20,1995 AGENDA ITEM: V.G. ITEM: Small scale FLUM amendment from Palm Beach County Industrial to Transitional and initial zoning of P~C (Planned Office Center) for a 6.72 acre portion of the Hardrives property, located on. the west side of Congress Avenue, south of Germantown Road. GENERAL DATA: Owner................................................ George T. Elmore, Trustee Applicant/Agent................................ Jeff Lis Location............................................. On the west side of Congress Avenue. south of Gennantown Road. Property Size..................................... 6,72 Acres Existing Future Land Use Map.......... Industrial - PSC Proposed Future Land Use Map....... Transitional Current County Zoning...................... CHO (Commercial High Office) ; and AR (Agricultural I Residential) I Proposed Zoning............................... POC (Planned Office Center) I Adjacent Zoning.......................North: POC East: IL (Light Industrial) - PSC and CHO - PSC I South: POC and RM (Medium Density Residential) I West: RM Existing Land Use...............,............ Vacant. Proposed Land Use........................... Small scale FLUM amendment , from Industrial (PSC) to 1 Transitional to accommodate I I construction of an office ! building. Water Service.................................... Existing 10· water main in Congress Avenue. Existing 10· water main serving the Centre Delray (Office Depot) site to the north of the subject property. - ~ Sewer Service................................... Existing 8" sanitary sewer main CAST in Congress Avenue I connecting to lift station 35. Existing 8" sanitary sewer main ! serving the Centre Delray i (Office Depot) site to the north of the subject property I I connecting to lift station 35A. I oooa.c i """"- - N V.G. , ' :;:3:¡¡¡~:~~:::¡::~¡~~¡~i¡llii:¡¡i¡:¡:¡:¡::::tIJWI¡I¡ll¡¡:1:¡I:¡!lII:il¡:I¡I:¡I:¡:¡¡:¡:¡m::I¡¡I¡::::ll¡:I:¡I¡¡I:¡1¡::~:~¡¡¡~ili~lM~~ili~¡t.~i:t1\:l'~î¡Et1~t~::¡: The item before the Board is that of making a recommendation on a privately initiated Small Scale Future land Use Map Amendment from County "Industrial" to City "Transitional" along with an initial zoning of POC (Planned Office Center). The subject property is located on the west side of Congress Avenue approximately 1,600 feet south of Germantown Road. /ql¡i;¡::::::¡¡::¡¡:¡:¡¡¡::¡¡::¡¡¡¡¡¡il:¡:¡¡::¡:f::::::::¡::¡:¡:::¡:¡¡¡:¡¡::¡¡l:::¡¡:¡:::¡::::¡:::::¡¡:¡:¡¡¡:::::¡m::i:¡::::I:::I¡::I:¡:I;jl:¡:I::I:¡I:¡:I:::jl::::¡:i¡:~¡\lìt1¡¡:[¡¡:¡¡:::¡¡~¡i.Œ[~¡~ilit~:::¡*1:¡¡::¡:~::¡¡:~:::::¡¡i1:i¡¡:::¡:::::¡¡:¡:~¡::::::¡ltt¡: The Hardrives site was developed in the county and consists of three parcels with a total of 27.76 acres. One 15.53 acre parcel is located on the west side of Congress Avenue and contains an office with electric and support room for the three Radio towers (2 - 300' high and 1- 400' high). Two parcels (.44 acres and 11.79 acres) are located on the east side of Congress Avenue and contain the Industrial operation of Hardrives which includes heavy equipment storage, repair, and other operations necessary for road construction. This Small Scale land Use Map amendment and initial zoning proposal involves 6.72 acres of the 15.53 acre parcel located on the west side of Congress Avenue. The amendment is being processed in conjunction with the annexation of the entire property (27.76 acres) which is discussed in detail in an accompanying staff report, 1~~~t¡:::¡:¡:I::;¡::¡:::¡:¡:¡m¡:¡¡::::::::¡:¡I::¡I::¡¡::j¡¡I¡:::¡~¡::¡:::I;:I¡¡I¡¡:I:¡¡J.II::;I:::jJ.i::::::¡:::I:::'Îl$.i¡:I::¡ìJ:::~:::Î¡:¡Î::I:¡:I:¡:I:I:::¡::lliU~ili:::¡¡¡¡¡:¡:::::ŒMr¡::¡¡¡¡:¡:::¡:::::ili:::lli:::¡¡::¡::::[:¡j~¡:::::::¡::¡1 The proposal is to change the Future land Use Map designation for a 6.72 acre parcel from the County land Use Map designation of "Industrial" to a City land Use Map designation of "Transitional". An initial zoning designation of P~C (Planned Office Center) is being sought simultaneously. The FlUM amendment and initial zoning involves a vacant western portion of the site and is being proposed to accommodate a proposed 200,000 sq. ft. office building. 1*1¡:¡:¡:::::::::::::¡::¡:&:1::1:::1:::1::¡::::¡¡¡1I:::I:::I¡::¡¡::::¡I:;I::I::::::j:¡¡I¡:¡I:::I](t:::1:::1::::1:¡:1::1¡:::¡::::1::¡8:[1::1::1::1::::1::¡I:::::l:l¡Ml:::::i:¡~¡¡::1 This Future land Use Map Amendment is being processed as a Small Scale Amendment pursuant to Florida Statues 163.3187. This statute states that any local government comprehensive land use plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: . , , Planning & Zoning Board Staff Report Small Scale FLUM & Initial Zoning for Hardrives (West Side) Page 2 [J The amendment does not exceed either 10 acres of nonresidential land or - 10 acres of residential land with a density of 10 units per acre or less; [J The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, [J The proposed amendment does not involve the same property owner's property within 200 feet of property granted a change within a period of 12 months. The land use map amendment involves a 6.72 acre area, thus the total area is less than the 10 acre maximum for nonresidential land uses. This amendment along with other small scale amendments processed this year will not exceed 60 acres (to date a total of 17.44 acres have been processed as small scale amendments). This property has not previously been considered for a land use amendment nor have any of the same property owner's properties been granted a land use change within 200 feet or within the last year. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were found. , .. Conservation Element Policy 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 approvals. However, the requirement shall not apply to small parcels, developed parcels, or where it is apparent that there are not such resources. Conservation Element Policy 8-2.2: Whenever and wherever significant or sensitive flora and fauna communities are identified pursuant to Policy 8-2.1, they shall be preserved as if they were environmentally sensitive areas as identified in Objective 8-1. The applicant has submitted a tree survey which shows an oak hammock area in the south western corner of the site, This area pursuant to the above policies is to be saved. If the area is in conflict with proposed improvements all efforts are to made to save the maximum amount of the area and to relocate the balance of trees on site, In addition if the area is not saved in its entirety a waiver from LDR Section 4.6.16(D)(2) will be required from City Commission. . I . Planning & Zoning Board Staff Report Small Scale FLUM & Initial Zoning for Hardrives (West Side) Page 3 Conservation Element Policy 8-2.5: Whenever new development or redevelopment is proposed along a waterway, a canal, or environmentally sensitive area identified via Policy 8-2.1, an area equivalent to at least 10% of the total area of the development shall be set aside in an undisturbed state or 25% of native communities shall be retained pursuant to TCRPC Policy 10.2.2.2. As this development the Delray Oaks environmentally sensitive area the above policy applies. A buffer area should be maintained along the southern property line which mitigates impacts on the environmentally sensitive area as well as adjacent residential properties. This buffer area will also serve as mitigation relating to land use compatibility to the south and west as discussed later in the report. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. In conjunction with the Future land Use Map amendment to Transitional, a rezoning to POC (Planned Office Center) is being sought. The FlUM amendment and rezoning to POC are being processed concurrently to facilitate construction of a future office development. The proposed Transitional land use designation is consistent with POC (Planned Office Center) zoning designation. The proposed office uses are permitted uses in the POC (Planned Office Center) zoning district. Land Use Compatibility: As described in the Future land Use Element of the Comprehensive Plan, the Transitional land Use designation is applied to land which is to be developed for either residential or non residential uses. The designation provides for uses which are not as intense as general commercial in areas where residential use is not desirable and! or appropriate. The adjacent property to the north has a Transitional land Use designation, is zoned Planned Office Center and contains office uses. To the south the properties have a combination of Transitional and Medium Density residential land use designations. These properties are zoned Planned Office Center and Residential Medium and contain the Sabal Pine condominiums and the Delray Oaks Hammock area (designated as an environmentally sensitive area). To the east the site is bordered by a combination of Transitional and Industrial land use . . . . . Planning & Zoning Board Staff Report Small Scale FLUM & Initial Zoning for Hardrives (West Side) Page 4 designations which represent the balance of this site which is subject to and a part of the accompanying annexation request. The balance of the site contains uses associated with the radio tower operation and the industrial components of the Hardrives operation. To the west the site is bordered by a combination of Open Space (Office Depot retention area) and Medium Residential (Environment condominiums). (Note: The Open Space designation is in the process of being amended to a Transitional land Use designation). Compatibility with the adjacent office and industrial uses to the north and east is not a concern. Compatibility with residential uses to the south and west is a concern and will require additional buffering with the development of the site. This buffering may include a combination of buffering mechanisms including installation of a wall and I or heavy buffering with trees and hedges. With the addition of adequate buffering a finding that the proposed land Use Map amendment to Transitional is consistent with the surrounding land use designations and existing uses can be made. ~~~¡~~l¡¡¡~:¡~~l¡l¡\¡¡\\¡l¡\¡\[~¡¡l¡@~~~Il¡~¡¡l¡\¡\:l¡\¡Il¡¡~\¡~~l¡¡¡¡¡l¡¡¡I;\¡l\¡¡;lt¡l¡l\¡¡l¡l¡f:l\I;:I\¡¡1.:\lll;¡I¡¡¡~¡¡\~lt:I::¡I:¡¡I¡:\I:l¡~:¡\~¡;I:l¡l;;\\¡i:i:¡\\f:~l~\\¡¥:~i1\¡¡¡l¡¡f:\¡¡f~\\~\\\\\f:\t¡\\l!~liiI~i~111~~~¡¡¡¡~~l\~l\::::~l:~ REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The use or structures must be allowed In the zoning district and the zoning district must be consistent with the land use designation. The subject property has a County land use designation of Industrial and has a county zoning designation of Commercial High Office and Agricultural Residential. The proposed Transitional land Use designation and Planned Office Center zoning designation are consistent with each other. Pursuant to the LDR Section 4.4.15(8), within the P~C zone district, the proposed professional office uses are allowed as permitted uses. 8ased upon the above, a positive finding can be made with respect to consistency with the land use map designation, , 1: . . " Planning & Zoning Board Staff Report Small Scale FLUM & Initial Zoning for Hardrives (West Side) Page 5 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. As the proposal represents adoption of the advisory Transitional land use designation there are no concurrency concerns relating to the application of the Transitional land use designation, Concurrency findings with respect to future improvements will be made at the time of development review. CONSISTENCY: Compliance with the peñormance 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. Comprehensive Plan Policies A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies with respect to the zoning were found, Section 3.3.2 (Standards for Rezoning Actions): Standards A-C are not applicable. The applicable peñormance standard of Section 3.3.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The surrounding properties are office and industrial to the north and east and medium residential to the south and west. Compatibility with the surrounding properties containing office and industrial uses is not a concern. The medium density residential properties and Delray Oaks Hammock area will required additional buffering which may include installation of a wall, trees and hedging. With the installation of appropriate buffering any adverse impacts on residential properties will be properly mitigated. , , Planning & Zoning Board Staff Report Small Scale FLUM & Initial Zoning for Hardrives (West Side) Page 6 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 apprQpriate for the property based upon circumstances particular to the site and/or neighborhood. As the proposal is associated with annexation of the property and the application of an initial city zoning category the above section is not applicable, COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The initial zoning will accommodate future development of the site with professional office uses. The future development plans must meet all of the requirements of the Land Development Regulations or receive appropriate r.elief. A full site plan submittal is anticipated in the near future. 1¡~~¡~:Ij:j\¡:¡:\¡ji\¡j¡j¡j:j:j:j:j:j:j::\:~j~~¡¡¡:j:j:j:j¡:II:::\::j\::j:j:::\i\::::¡:j\j:j:\:\ij:i\:i\:::j:::i:j¡i:~\i:I::iË::~I~j:J.:::I;ill\ij:\:ii:I:I:i:j~:jll\jlij¡¡lj::lj!!:j\I]:\\i¡¡j;:j:i.III¡:j:j:I::jij\j:j::::\:j:j;::¡¡\\:\j:¡j:¡j:~;:j:::j:j;t1;:~:j;:jt:j\j:j\jij\:;;:j\:i\I¡i;¡1 This proposal is not in the geographical area which requires review by the Downtown Development Authority, Community Redevelopment Agency, or the Historic Preservation Board. Adjacent Municipality Notice Pursuant to the Intergovernmental Coordination Element notice of the development proposal has been provided to the City of Boca Raton and Palm Beach County Planning Department. To date no objections have been received. I' · . Planning & Zoning Board Staff Report Small Scale FLUM & Initial Zoning for Hardrives (West Side) Page 7 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property, letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. 11~w.ii1:i::::¡¡:::::::::¡¡::~::i:i::::::::¡~mI::1:::I:::I::I:::I:¡I:¡:I';I::::I:::I:¡:::[I:::I:::I:::::::¡I~I:¡IIllljlll¡¡I¡II:¡::~~mtM~~:lŒ¡¡¡iI¡¡:¡~::¡:i:1 The Future land Use Map Amendment from County "Industrial" to City "Transitional" is consistent with the policies of the Comprehensive Plan and Chapter 3 of the land Development Regulations. The proposed land Use Plan Amendment is consistent with the proposed use of the property and the proposed initial zoning of POC (Planned Office Center). Given the above, positive findings, can be made with Section 3.1.1, Section 3.3.2, and Section 2.4.5(0) of the land Development Regulations, and policies of the Comprehensive Plan. l~l:I::¡ii¡::::¡::¡::::::::::::::::¡:::::¡:::::::::::::::::::::::::::i::::::::::::::;:::::::::::::;:::::::::::llí.f::I¡::I:::I:::I::il:::m:::I:::I:::Î:::::i:¡1:::I:¡m:I:::I~I::¡.:i¡1ilillil:i:f¡f¡~1:ili;I¡ili¡lili:it:¡:::::::::¡:¡::::¡:::¡¡¡¡::::::::j:::::::::1 A. Continue with direction. B. Recommend approval of the Future land Use Map Amendment from County "Industrial" to City "Transitional", and the initial zoning of POC (Planned Office Center) based upon positive findings with respect to Section 3.1,1, Section 3,3.2, and Section 2.4.5(0) of the land Development Regulations, and policies of the Comprehensive Plan. C. Recommend denial of the Future land Use Map Amendment from County "Industrial" to City "Transitional" and the initial zoning request to Planned Office Center with reasons stated. lili:r,t;lit:i:¡:i:j::::::¡::¡t:¡¡:¡:i¡¡¡:i::::::¡¡::::¡::::::::::::¡i:~::::i:::::i:::¡:I:::I::I:::I:::I::::::::::I:::I:;I:::I¡::I;:I:::I:::I:::I:::11::I.I!:t:~¡::::::¡::ili¡¡::::i~;*~:¡¡::¡:¡i:¡::¡;:::¡::i;::i::¡!¡:::::::I:::::::¡::i::::¡:¡¡1 Recommend to the City Commission approval of the Small-Scale Future land Use Map amendment from County "Industrial" to City "Transitional" and the initial zoning designation of Planned Office Center based upon positive findings with respect to Section 3.1.1, Section 3.3.2, and Section 2.4.5(0) of the land Development Regulations, and policies of the Comprehensive Plan. Attachment: [J location Map This Staff Report prepared by: Paul Dorling. Principal Planner , ' . . ® O~ . . RM . D .. I POC >, B ,,"-c co\) \" G A 1.0" III A CANAL VI R VI !oJ a::: CC 0 .. POC <.:> I !oJ Z S 0 0 N REZONINGS PARCEL - A PARCEL - B - FROM: COUNTY -AR- (AGRICULTURAl.. RESIDENTIAl fROM: COUNTY -IL- (lIGHT INDUSTRIAl) WITH SPECIAl EXCEPTION{ AND -CHO- TO: CITY - I - (INDUSTRIAl) PLANNING DEPARMNT (COMMERIAl HICH Of"flC ~ SPEC EXCEPTION) CItY Of' OEUtA'I' BEACH, fL TO: CITY' -POC- (PlANNED OF ICE CENTER) -- O/CIrAL BASC MAP SYS1"£II -- , ' -. . '.þ . --- . .,. .. - - .- . - - - . - ~ . ~ ~' CITY COMMISSION DOCUMENTATION ~ /5 TO: D VID T. HA~TY MANAGER v/ 5ß ¡'is'' - ~ I I/I;;J DI NE DOMI EZ, ~~C~R THRU: DEPART ENT F PLA NING AND ZONING FROM: Y A. COSTEllO PLANNER SUBJECT: MEETING OF NOVEMBER 21, 1995 SMAll-SCALE FUTURE LAND USE MAP AMENDMENT AND INITIAL ZONING OF I (INDUSTRIAL) FOR HARDRIVES. INC. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance changing the Future land Use Map designation from County Industrial to City Industrial and applying an initial City zoning designation of I (Industrial) for Hardrives, Inc, The subject property is located on the east side of South Congress Avenue, approximately 400 feet south of Germantown Road. BACKGROUND: The Hardrives site was developed in the County and consists of three parcels with a total of 27.76 acres, One 15.53 acre parcel is located on the west side of Congress Avenue and contains an office with electric and support room for the three Radio towers (2 - 300' high and 1- 400' high). Two parcels (,44 acres and 11.79 acres) are located on the east side of Congress Avenue and contain the industrial operation of Hardrives which includes asphalt manufacturing, heavy equipment storage, repair, and other operations necessary for road construction, This Small-Scale land Use Map amendment and initial zoning proposal involves 7.93 acres of the 11.79 acre parcel located on the east side of Congress Avenue. The proposal is to change the Future land Use Map designation for the parcel from the County land Use Map designation of "Industrial" to the City land Use Map designation of "Industrial" and apply an initial zoning designation /cl.Y. , ' -0 _ .- ~ - -. . City Commission Documentation Meeting of November 21,1995 Small-Scale FLUM Amendment and Initial Zoning of City I (Industrial) for Hardrives, Inc. Page 2 of City I (Industrial). The amendment is being processed in conjunction with the annexation of the entire property (27.76 acres), Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: The proposal is scheduled for the Planning and Zoning Board meeting of November 20, 1995. The Board's recommendation will be presented at the City Commission meeting, RECOMMENDED ACTION: By motion, approve on first reading the ordinance for the FLUM amendment and initial zoning of I (Industrial) for Hardrives, Inc., setting a public hearing date of December 5, 1995, Attachments: D P & Z Staff Report and Documentation of November 20, 1995 D Ordinance by Others , ' , . r-------,-----n', n n n____ _n ~, ~ I ' , {~ ~ I '0' ORDINANCE NO. 78-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM COUNTY "INDUSTRIAL" TO CITY "INDUSTRIAL I' , AND ESTABLISHING INITIAL ZONING OF I (INDUSTRIAL) DISTRICT, FOR A 7.93 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF CONGRESS AVENUE, APPROXIMATELY 400 FEET SOUTH OF GERMANTOWN ROAD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, at its meeting of November 20, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item and voted 6 to 0 to recommend approval of a Small Scale Future Land Use Map Amendment from County Industrial to City Industrial, and the establishment of an initial zoning classification of I (Industrial) District, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan reflect a land use designation of Industrial, and that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, reflect a zoning classification of I (Industrial) District for the property hereinafter described. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as follows: A parcel of land lying in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Beginning at the intersection of the West right-of-way line of the Seaboard Airline Railroad with the East-West Quarter Section line of said Section 30; thence South 89 degrees 13'16" West, along said East-West Quarter Section line, a distance of 393.01 feet to the intersection thereof with the East right-of-way line of Congress Avenue (a 120.00 foot road right-of-way, as laid out and now in use); thence North 00 degrees 27'17" West, along the East . ,~- -~--~------ 1 ,-- - - . . - , . ( \ ) " -. . right-of-way line of said Congress Avenue a distance of 652.64 feet to the intersection thereof with the southerly boundary of the Lake Worth Drainage District¡ thence continuing North 00 degrees 27'17" West along the East right-of-way line of said Congress Avenue, a distance of 127.28 feet¡ thence North 89 degrees 45'3911 East, departing the East right-of-way line of said Congress Avenue, continuing along the southerly boundary of said Lake Worth Drainage District, a distance of 155.73 feet¡ thence North 50 degrees 24'56" East, continuing the southerly boundary of said Lake Worth Drainage District, a distance of 101.84 feet¡ thence North 58 degrees 41'4111 East along the southerly boundary of said Lake Worth Drainage District, a distance of 78.62 feet; thence North 01 degree 19'34" West, departing the boundary of said Lake Worth Drainage District, a distance of 229.44 feet; thence North 82 degrees 25'4311 East, a distance of 95.00 feet to the intersection thereof with the West right-of-way line of said Seaboard Airline Railroad; thence South 00 degrees 27'1711 East along the West right-of-way line of said Seaboard Airline Railroad a distance of 1122.28 feet to the Point of Beginning. The subject property is located on the east side of Congress Avenue, approximately 400 feet south of Germantown Road¡ containing 7.93 acres, more or less. Section 2. That the Future Land Use Map in the Comprehensive Plan of the City of Delray Beach, Florida, is hereby changed to reflect a land use designation of Industrial for the subject property. Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)4. Section 4. That Chapter Two of the Land Development Regulations has been followed in the establishment of the zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District I (Industrial) as defined by existing ordinances of the City of Delray Beach, Florida. - 2 - Ord. No. 78-95 , . -- ...... - . -- ..- -, - . ~ ___"'_.4 _._~ 1 -----. ~ ...--- .,- . , . 0 ( , : ) , 1 . r -- . , -.. .--. Section 5. 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 _0' n Section 4 hereof. .-. ~ - . . Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 8. That this ordinance shall become effective thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the - . effective date of this amendment shall be the date a final order is ....! issued by the Department of Community Affairs, or the Administration ' > Commission, finding the amendment in compliance with Section 163,3184, -., F.S. No development orders, development permits, or land uses dependent on thi s amendment may be issued or commence before it has , , become effective. If a final order of noncompliance is issued by the ' , Administration Committee, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session second and final .-, on reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 78-95 PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT--- MEETING DATE: November 20,1995 AGENDA ITEM: V.H. ITEM: Small-Scale FLUM amendment from County Industrial to City Industrial and initial City zoning of I (Industrial) for Hardrives, Inc. located on the east side of Congress Avenue, approximately 400 feet south of Germantown Road. GENERAL DATA: 1M_ - IUZA Owner............................................. George T. Elmore, Trustee ApplicantlAgenl............................. Jeff Lis Catalfumo Construction Location.......................................... East side of S. Congress Avenue, 400 feet south of Germantown Road, Property Size.................................. 7,93 Acres Existing Future Land Use Map....... Industrial- County Proposed Future Land Use Map.... Industrial - City of Delray Beach Current Zoning............................... IL (Light Industrial) - County Proposed Zoning............................ I (Industrial) - City of Delray Beach Adjacent Zoning...................North: I and POC (Planned Office Center) I East CD (Conservation) South: IL (Light Industrial) - County West CHO (Commercial High Intensity) I - County, In the process of being , I annexed with the City POC (Planned Office Center) zoning 1 designation, Existing Land Use......................... Existing roadway construction company with concrete and asphalt manufacturing facilities, and associated equipment storage and repair facilities. Proposed Land Use..............,........ Same as existing, II Water Service................................. Existing on-site - Sewer Service..............................., Existing septic system INS IAS1 V.H, . u_ --_.,.,_._._.-,_.~+ -.--. .. - , ~, ..--.- "-~. -.,.- --.- -- - - -.-.-- . ·:J~*~¡¡¡¡¡¡¡¡¡j¡¡¡ilii:~¡¡!¡¡¡lt¡¡¡¡j¡¡j¡~~¡¡¡¡j¡¡¡j*¡¡¡~~~~¡¡¡¡¡I¡¡ì'!H..¡¡¡I::¡j¡¡!I¡:¡I:~¡I¡jl*I~I:¡::¡¡:¡¡1¡¡I:¡¡I~j:~~ll¡¡¡I:~I~¡jl¡¡¡I~¡¡¡m¡¡~~~mi¡fi~¡¡¡¡¡¡¡¡¡~¡¡¡~I¡:¡:¡¡¡¡~¡¡~¡¡¡¡:f¡¡:¡¡¡~:¡~¡:~[:~:¡¡~ The item before the Board is that of making a recommendation on a privately initiated Small Scale Future Land Use Map Amendment from County "Industrial" to City "Industrial" along with an initial zoning of City I (Industrial), The subject property is located on the east side of South Congress Avenue, approximately 400 feet south of Germantown Road. J\f.t,r1¡;~¡:;¡!¡¡;;¡¡¡¡¡¡:t¡l¡:::¡¡;¡\¡¡:¡¡¡::¡¡¡¡:ß¡:¡t¡¡¡:j¡\~¡¡¡;¡\\¡;¡¡:\¡\¡:\¡\!\;;¡¡;:tt::I¡[I¡:I:¡:I¡:III:¡¡I::I¡:¡I¡:¡I¡:¡;~¡¡¡:¡¡¡::::¡¡:~i~¡¡;1¡1:rflìf,~r¡i~lï~~m;f¡;t~;~m;:¡::::¡:;¡¡\¡¡m:¡:~:¡¡\::lj¡ . .. . . The Hardrives site was developed in the county and consists of three parcels with a total of 27.76 acres. One 15,53 acre parcel is located on the west side of Congress Avenue and contains an office with electric and support room for the three radio towers (2 - 300' high and 1- 400' high). Two parcels (.44 acres and 11.79 acres) are located on the east side of Congress Avenue and contain the industrial operation of Hardrives which includes heavy equipment storage, repair, and other operations necessary for road construction. This Small Scale Land Use Map amendment and initial zoning proposal involves 7.93 acres of the 11.79 acre parcel located on the east side of Congress Avenue, The amendment is being processed in conjunction with the annexation of the entire property (27.76 acres) which is discussed in detail in an accompanying staff report. I~:!~¡¡~¡¡::ili:~::::j~:j~:~::::::::::¡:~:¡¡:¡:¡~:!::::¡¡¡:~¡¡¡¡¡:¡¡¡::::¡~:¡¡~I:~:¡:::~¡¡~:¡:¡~:::~::¡¡¡~¡¡!¡1~::I¡¡¡I:::I:::~I::~I]Ii:::::¡~~!I::::I:~:I~:~g:~:¡Î::I:~:I::~I:~J.::¡lll::~:¡¡¡¡:¡j¡:¡;¡¡¡¡:¡¡¡¡¡¡¡¡¡¡¡j!~¡::¡j:j¡¡~~¡¡:¡¡::¡¡¡:¡:¡¡¡:¡:¡¡:¡~¡¡:¡¡¡:¡:¡¡¡¡:¡::¡¡~I¡:I:::::~~::~::¡¡:¡:~¡I The proposal is to change the Future Land Use Map designation for a 7.93 acre parcel from the County Land Use Map designation of "Industrial" to a City Land Use Map designation of "Industrial". An initial zoning designation of I (Industrial) is being sought simultaneously. ":¡1¡¡m:::~::::¡:¡¡:¡¡:¡¡¡¡¡j¡j~¡¡I~:I~:I!::I::¡~¡¡¡:~a:;::Î:::g~~~¡::~:~:I,::I;¡¡:e¡:~::~:~:¡I:!I:::I¡¡:I:::I~::I:~¡¡I;:¡I:¡m:::~j:¡¡¡I¡I~::I:::¡I~¡liln¡¡I¡:¡:~:¡~¡~:¡¡~i:¡¡~¡::¡¡:¡:::¡~¡~:¡¡¡:!¡::¡~¡:¡¡1 This Future Land Use Map Amendment is being processed as a Small Scale Amendment pursuant to Florida Statues 163.3187. This statute states that any local government comprehensive land use plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: , ' P & Z Board Staff Report Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intisl City Zoning of I (Industrial) Page 2 [J The amendment does not exceed either 10 acres of nonresidential land or 10 acres of residential land with a density of 10 units per acre or less; [J The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, [J The proposed amendment does not involve the same property owner's property within 200 feet of property granted a change within a period of 12 months. The land use map amendment involves a 7.93 acre area, thus the total area is less than the 10 acre maximum for nonresidential land uses. This amendment along with other small scale amendments processed this year will not exceed 60 acres. This property has not previously been considered for a land use amendment nor have any of the same property owner's properties been granted a land use change within 200 feet within the last year. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were found. LAND USE ANALYSIS: FUTURE LAND USE MAP: Pursuant to land Development Regulations Section 3.1.1 (A) (Future land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land Is situated and, said zoning must be consistent with the land use designation as shown on the Future land Use Map. The subject property has a County land use designation of Industrial and County zoning designation of Il (Light Industrial), In conjunction with the Future land Use Map amendment to City Industrial, a rezoning to City' Industrial (I) is being sought. Pursuant to lOR Section 4.4,20, within the I zone district, the existing uses of concrete and asphalt manufacturing, heavy equipment storage and repair, and other operations necessary for road construction are allowed as permitted and conditional uses. Based upon the above, a positive finding can be made with respect to consistency with the 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. f' P & Z Board Staff Report Small-Scale FlUM Amendment from County Industrial to City Industrial and Applying Intial City Zoning of I (Industrial) Page 3 In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. As the proposal represents adoption of the advisory Industrial land use designation there are no concurrency concerns relating to the actual application of the Industrial land use designation. Concurrency findings with respect to Mure improvements will be made at the time of development review, Land Use Compatibility: As described in the Future Land Use Element of the Comprehensive Plan, the Industrial Land Use designation accommodates manufacturing, fabrication, assembly and warehousing. It is applied to land which currently has such uses and which is located in an area which should continue to be used for industrial purposes, It is also applied to those areas of the community which are best suited, because of their location, to accommodate industrial uses. Residential and general commercial uses are not appropriate on land designated as industrial. The land use designations to the north are Industrial and Transitional. These properties are zoned I (Industrial) and P~C (Planned Office Center). The existing land uses are an industrial building (Lang Management, Inc,) and a vacant office building formerly occupied by IBM. The property to the south has an Industrial land use and zoning designation, and is part of the Hardrives property included in the annexation request. To the west of the site is bordered by the Transitional land use designation which represents the balance of the accompanying annexation request. A portion of the property is to be annexed with the P~C zoning designation to accommodate a proposed 215,000 sq,ft, office building, The property is bordered to the east by Seaboard Coastline Railroad and 1-95. The FLUM amendment involves the application of the City's advisory designation of Industrial, which is consistent with the current use of the property. Compatibility with the surrounding office and industrial uses is not a concern as the properties have co-existed for many years. ~i]1::i;¡¡i;~¡:¡:¡¡¡::¡:::r¡¡:illI¡¡:¡::¡¡:¡¡::¡::¡¡¡::¡¡¡:¡:¡:::¡::::::;¡::ill¡¡¡:¡¡¡¡¡¡:::¡:¡:¡:¡:¡:¡:::¡;¡¡¡¡¡¡:¡:¡¡¡¡ìl¡:¡I:::I::¡¡ï¡::¡I:¡:I:¡f::I;¡:¡N::¡I:::¡I¡:Ij:¡¡¡1::I¡¡I::¡::¡¡::;¡:f:I¡::¡¡:¡¡m:~¡¡¡m¡¡¡:¡¡¡;¡::::f:I::¡:¡:¡¡¡¡¡1¡¡¡¡¡¡:¡:¡:¡¡:¡¡¡f:¡¡¡¡¡¡ì¡:¡f:~:¡::1¡:¡¡¡¡¡::¡;:¡:¡¡:I 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 , ' -- , ~. -. - ' P & Z Board Staff Report Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City Zoning of I (Industrial) Page 4 Is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Consistency with the Future Land Use Map, Concurrency, and Comprehensive Plan Consistency were discussed in the Future land use Analysis portion of this report. Compliance with the Land Development Regulations, (Standards for Rezoning Actions, Rezoning Findings) are discussed below. CONSISTENCY: Compliance with the peñormance 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. Comprehensive Plan Policies A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies with respect to the zoning were found. Section 3.3.2 (Standards for Rezoning Actions): Standards A-C are not applicable. The applicable peñormance standard of Section 3.3.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The surrounding properties are office and industrial to the north, office to the west, the Seaboard Coastline railroad and 1-95 to the east, and industrial to the south. The subject property is in an area that is appropriate for industrial uses, Compatibility with the surrounding properties is not a concern. , , . ... .....- . .' . .'. ~ .. 4_ <'. . - . . - +. - . . - . . , . ., P & Z Board Staff Report Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City Zoning of I (Industrial) Page 5 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. As the proposal is associated with annexation of the property and the application of an initial city zoning category the above section is not applicable. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: A site inspection of the development was conducted and revealed a number of code deficiencies. As part of this proposal the development must comply with the minimum perimeter landscape code requirements of 1993. Staff will work with Hardrives to achieve compliance. Any future development must comply with the City's Land Development Regulations. I!:¡¡!:¡:~:¡:::i:::::::i::¡::¡::¡¡¡::::::::::::::¡::;:¡::¡:¡¡¡¡¡:¡:¡:¡¡¡:¡:¡:::¡¡:::¡::¡¡:¡¡:::¡:::¡::¡¡:::¡:I¡:i¡¡¡::¡¡:I:::ï:::g:::.:::I::W:::::::::I::I¡:¡::¡:::I::ì¡::I:::I:::I:::I:::I:¡:¡¡:::::::~::l::¡::m&~:t:¡::¡::¡::¡:~¡:¡¡:¡::¡:::I::i.:::::::¡::::J::::::~::¡:¡:::¡¡:::¡:::I¡:::::::I This proposal is not in the geographical area which requires review by the Downtown Development Authority, Community Redevelopment Agency, or the Historic Preservation Board, 'PARC Notice: Notice of the Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities, Special correspondences were also provided to the City of Boca Raton and Palm Beach County Planning Departments. To date, a response has not been received. . ' I P & Z Board Staff Report Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City Zoning of I (Industrial) Page 6 Special Courtesy and Public Notices: Courtesy notices were provided to the following homeowner's associations and civic organizations: Andover Oakmont Association Crosswinds Pines of Delray Crosswinds Single Family Section Pines of Delray East Crosswinds Master Association Pines of Delray West Eastwinds at Crosswinds Progressive Residents of Delray(PROD) Southwinds of Crosswinds Sabal Pine Condominium East, Inc. Foxe Chase Sabal Pine East Association Delray Property Owners Sabal Pine South Association Minto Builders Florida, Inc. (Spring landing) Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. Any letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. I~~¡:ili:¡~:¡:::::::::¡::::~::::::¡:¡:¡:::¡:¡:¡:::¡:¡:::¡:¡:::¡:::::¡:¡:::¡::I:::I;;'I:::I:::I'::I):::I::::I:~::I;::m:::::::::I;::I::il::~~::li:il:¡:I::¡I¡::1Ili:il::¡UI::I::::¡i;i¡¡¡1:mUI:::l:¡¡::¡:::::¡:¡:::¡:::::¡~:¡:::¡:i:¡:¡1 The Future land Use Map Amendment from County "Industrial" to City "Industrial" is consistent with the policies of the Comprehensive Plan and Chapter 3 of the land Development Regulations. The proposed Future land Use Plan Amendment is consistent with the existing use of the property and the proposed initial zoning of I (Industrial), Given the above, positive findings can be made with Section 3.1.1, Section 3.3.2, and Section 2.4.5(D) of the land Development Regulations, and policies of the Comprehensive Plan. 111'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''""""''''''''''''1'1''111'1'':''''''''''''''''''''''''''''''''''1]'"''''''' . '. " "."."."", '''' "" I "''''',·,,··,''',·,,·,,·,,',,····,,·,'''',,·,,'''''',,·,''''''''''··'·'lfEf'"''''··''·'''''·'Œ'I''.··''' """"""""'ŒIII"""""'" .""..'"'.N.'"'.'"'.',·,',',·,.".,,,.,,.,,·.N.,,,',N,',,',,,',,',',', 'l:::::::¡~:::~:;::::¡tt::::::::::~:::::::::::::::::::¡:::::::::::::::::::~:::::::::::::::::::::::::::::I:::';::,:,):;t:.;,;,;tl::~I~::I:;::::,:,~~:::,:.:::::,:::./::I:;~;:::::I:::§tt,,::tJL::::,:::::I::~I:::::]::1:::¡1:¡1::::¡::::::::::~::¡:::::¡:¡:::¡:¡:1:::t:l:::::::~::::¡::~¡¡~¡::¡::¡:::¡:::::: A. Continue with direction. B. Recommend approval of the Future land Use Map Amendment from County "Industrial" to City "Industrial", and the initial zoning of City I (Industrial) based upon positive findings with respect to Section 3.1.1, Section 3.3.2, and Section 2.4.5(D) of the land Development Regulations, and policies of the Comprehensive Plan. C. Recommend denial of the Future land Use Map Amendment from County "Industrial" to City "Industrial" and the initial zoning request of City I (Industrial) with reasons stated, , ' P & Z Board Staff Report Small-Scale FLUM Amendment from County Industrial to City Industrial and Applying Intial City Zoning of I (Industrial) Page 7 I~f¡:¡m¡::::::::¡¡:¡:::::¡::::~¡::::~:::¡¡::m::¡t¡11::t:¡::¡¡::::::¡¡¡:I::~I:~I:~:I¡~I::::t¡I:::I:::I::II:¡I:::I::::I.:::Î::::I:::I:I::¡I¡:I:¡I:::~¡:~:~~m¡::¡:::::::f,::~:¡¡¡:¡::¡¡::~:~::~j¡::¡:::¡::¡¡::¡;1:I:¡:::::::::::::::1 Recommend to the City Commission approval of the Small-Scale Future land Use Map amendment from County "Industrial" to City "Industrial" and the initial zoning designation of I (Industrial) based upon positive findings with respect to Section 3,1,1, Section 3.3.2, and Section 2.4.5(D) of the land Development Regulations, and policies of the Comprehensive Plan. Attachment: [J location Map (Parcel C) This Staff Report prepared by: Jeff Costello, Senior Planner , ' . . ~ ., . ~ -. !...- , .,. . " , - . - i . . . Uo @ C) c:::=:;:) . W ::;) Z W > C w i ~ C A 0 iI5 N Ii B III CANAL VI VI W 0:: (.) Z 0 . u N SMALL SCALE FUTURE LAND USE MAP AMENDMENTS - A. - orrlCE DEPOT PARCEL 8,- HARDRIVES WEST C.- HARDRIVES £AST rROM OPEN SPACE fRO'" COUNTY INDUSTRIÞ.L fRO.. COUNTY INDUSTRIÞ.L PI.AHN1NG DEPARtwENT TO TRANSITIONAL TO CITY TRANSITIONAL TO CITY INDUSTRIÞ.L " CITY OF DEUtA Y BEACH. F\. PROPOSED SITE or RELOCATED CO....UNICAOON TOWER -- DfCITAI. BASE MAP 5rSTEII -- . ' -- - -- - ----... .- .......h I .. "--- . . ~ .7 . . - - - . 01< CITY COMMISSION DOCUMENTATlO/ / ~ r~1 TO: ~ . 5,~~ 1'1.'5 \ " THRU: DIA D I GU~~CTOR DEPARTMENT OF PLAN ING AND ZONING ~ Ð~' FROM: PAUL DORLlNG, P I CIPAl PLANNER SUBJECT: MEETING OF NOVEMBER 21, 1995 SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM OPEN SPACE TO TRANSITIONAL FOR 3.01 ACRES LOCATED ON THE SOUTH SIDE OF GERMANTOWN ROAD BETWEEN SW 22ND A VENUE AND CONGRESS AVENUE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance changing the Future land Use Map designation from Open Space to Transitional for a portion of the lakeside at Centre Delray Office development. The subject property is located on the south side of Germantown Road between SW 22nd Avenue and Congress Avenue. BACKGROUND: The proposal is to change the Future land Use Map designation for the 3.01 acre parcel from "Open Space" to "Transitional". The FlUM amendment involves a portion of the lakeside at Centre Delray office development which contains the drainage retention area for the overall site. The amendment is being processed to allow installation of additional parking for the surrounding and proposed office building developments, The current drainage function will be accommodated via the installation of exfiltration trenches and direct outfall to the C- 37 canal located south of the parcel. For additional background and analysis, see attached staff report. I~.K . , ' ,-..-..- ....-- .. . . PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will consider this item at its November 20, 1995 regular meeting. As the Board's recommendation is not available with the writing of this report the recommendation will be presented at the City Commission meeting, RECOMMENDED ACTION: By motion, approve on first reading the Small-Scale Future land Use Map amendment from Open Space to Transitional based upon positive findings with respect to Chapter 3 of the land Development Regulations, and policies of the Comprehensive Plan, Attachments: P&Z Staff Report . , .., ! ,--- , ,..- ..,. ~" --, ~-~'-' OJ -- '-, ,,-- ,-, --'-- "-, I ~ 0) ~ ORDINANCE NO. 79-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR A 3.01 ACRE PORTION OF LAKESIDE AT CENTRE DELRAY (OFFICE DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OPEN SPACE TO TRANSITIONAL; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE MAP AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as Open Space; and WHEREAS, on November 20, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this matter at public hearing and voted 6 to 0 to recommend that the FLUM designation be changed from Open Space to Transitional, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the FLUM designation of Transitional. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as follows: - A parcel of land lying in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, and being a portion of the Plat of Lakeside at Centre Delray, as recorded in Plat Book 50, Page 195, Public Records of Palm Beach County, Florida, more particularly described as follows: Beginning at the Southwest corner of said Plat of Lakeside at Centre Delray; thence North 00 degrees 24'16" West along the West line of said plat (the west line of said plat is assumed to bear North 00 degrees 24'1611 West and all other bearings stated herein are relative thereto) a distance of 444.76 feet to a point of intersection with the East-West Quarter Section line of said Section 30; thence North 01 degree 04'5411 West along said plat line a distance . ' ._.- ,- '- .._.~ --'. ~ . ... _,.-._. ..._._ _.a. ~~.J....-...__ .__.....__~_._'--,__.. _...1..-.'_ _ .. ._.. --<---".--";-'---~--" . _.._~--- ! 1 --- I -\ .- , . '. J '. } .- - -.. : of 409.68 feet; thence North 89 degrees 06'13" East a _... distance of 165.55 feet to a point on the common line . of said Plat of Lakeside at Centre Delray and the Plat of The Terraces at Centre Delray, as recorded in --- Plat Book 45, Page 49, Public Records of Palm Beach -..- - .- - County, Florida; thence South 01 degree 07'36" East along said common plat line a distance of 409.50 feet - to a point of intersection with said East-West Quarter Section line; thence South 01 degree 11'15" East continuing along said common plat line a distance of 306.71 feet; thence South 50 degrees 11'51" West along the South line of said Plat of Lakeside at Centre Delray a distance of 220.06 feet to the Point of Beginning. The subject property is located on the south side of Germantown Road between S.W. 22nd Avenue and Congress Avenue; containing 3.01 acres, more or less. Section 2. That the Future Land Use Map designation for the subject property in the Comprehensive Plan is hereby changed from Open Space to Transitional. Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)4. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effecti ve date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on thi s amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Committee, this amendment may nevertheless be made - 2 - Ord. No. 79-95 . , ~, ~..- " _u.. .__._."-....__-.. ! ~ \ , , '- -:.'Ji effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 79-95 , : PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: November 20,1995 AGENDA ITEM: V.I. ITEM: Small scale FLUM amendment from Open Space to Transitional for a 3.01 acre portion of Lakeside at Centre Delray (Office Depot), located on the south side of Germantown Road west of Congress Avenue. GENERAL DATA: Owner..................................,......... Office Depot, Inc. ApplicantlAgent.....,....................... Jeff Lis Location......................................... On the south side of Germantown Road, west of Congress Avenue, Property Size................................. 3.01 Acres Existing Future Land Use Map...... Open Space Proposed Future Land Use Map... Transitional Current Zoning......................,........ POC (Planned Office Center) Adjacent Zoning..........,.,......North: POC East: POC South: AR (Agricultural Residential) - PSC West: RM (Medium Density Residential) Existing Land Use....................,..... Existing retention area associated with an existing office complex, Proposed Land Use,..,................... FLUM amendment to accommodate additional parking. Water Service................................ Existing on site: Sewer Service..........,.............,...... Existing on site. A A III III - W ~ .. &U1 co z 0 U _.7r IOIOCU _c_ .. N V,I. , ' - ~... - '. . .~t~if&~¡¡~&¡~~¡!~¡¡1~lliÑll¡¡t¡¡t¡¡¡¡I;If,\¡I¡;rfl¡~::~::,::¡::I~:I,~:i:¡¡:li¡:I¡¡6¡¡I:¡I:¡¡I¡¡:t;:m¡r.II:IÑ:¡ï~1:11¡[llI:¡I:¡¡¡¡t¡:@:¡:~[¡ilitfl¡¡¡~]ili¡¡ífmi&:¡:¡¡:::::::¡:¡:~::¡:¡~&: The item before the Board is that of making a recommendation on a privately initiated Small Scale Future land Use Map Amendment from Open Space to Transitional. The subject property is located on the south side of Germantown Road between SW 22nd Avenue and Congress Avenue. rnln1¡::::::¡:¡¡:::::::~¡¡:¡::~Ñ¡:::¡¡¡¡i:¡:::::::::::::1::¡:::::::¡:::::::::::::::¡::¡¡¡¡:::::¡¡:::::¡::m:::::i:::¡¡:~I:::I:::I::¡I::I::¡I:::I:¡I:::I:~~I:::::::¡:::::::¡:¡¡:ii:::¡::::¡:¡¡¡::¡:r¡:¡::¡:::::¡i::::::¡:::::::::::¡f;1~M¡::li~M~i:I¡::¡:¡¡::::::::::::::::::::::¡:I The Small Scale Future land Use Plan amendment involves 3.01 acres of the lakeside at Centre Delray office development which occupies 12,24 acres. On January 24, 1994 via Ordinance 91-83 the 12.24 acre property was annexed, given a land use designation of PRD-10, SAD zoning, conditional use and site plan approval for two office buildings totaling 150,000 sq,ft. In March of 1985 the lakeside at Centre Delray final plat was approved by City Commission. On January 21, 1985 a minor site plan modification was approved by Planning and Zoning Board which combined the building square footage into one building and modified the parking lot layout. It is noted that this modification created the water retention area which is now the subject of this amendment. In 1985/86 the building and associated parking were constructed. With the adoption of the Future land Use Map in 1989 the parcel was given Transitional (9.23 acres) and Medium Density (3.01 acres - subject parcel) land use designations, On November 20, 1990 as part of land Use Plan Amendment 90-1 the Future land Use Map designation for the subject parcel (3,01 acres) was changed from Medium Density to Open Space, In October, 1990 with the Citywide rezonings associated with the adoption of the lDR's the entire 12.24 acres was given a POC (Planned Office Center) zoning designation, . ~::¡1¡*¡¡m:::::¡:::::::~:::::::¡:::::¡:::::::::::¡::::¡:::¡:~:¡¡::¡:::::::::::::::::::::::::::::::::::::::Î:::I:::I:::Î~:~:i:'~I~::T::::::::::I::::I:::I:::I::::1::j,:::I:::I:J::!I:::Ñ::::::::~:¡m:::¡::~:::::::æ:::¡::t:¡~:¡::::::¡:::::::¡::::::::::::::::¡:::::tl:::::::::::::::1 The proposal is to change the Future land Use Map designation for the 3.01 acre parcel from "Open Space" to "Transitional". The FlUM amendment involves a portion of the lakeside at Centre Delray office development which contains the drainage retention area for the overall site. The amendment is being processed to allow installation of additional parking for the surrounding and proposed office building developments. The current drainage function will be accommodated via the installation of exfiltration trenches and direct outfall to the C- 37 canal located south of the parcel. , ' --, ,.-- . . . . . >-'-A r _ P&Z Staff Report FlUM Amendment for Office Depot Page 2 I':<·~">:"'······'·'···"'·'·"·'····'.ri'il"'·'·"""'·"'·'·'·(··"····""·"'·"'11""·'·'··,:'...··''''''''''''''''''It.rl!''I,·tr-r~:'¡I'''I'·I·'····'.··'1·'11·······...·11'·'1·'1"··",·,·..--,,··········,·,""""'...'1 :M~mW[:t::tJ@.,',::':I:,;::IL:::..,ll:::¡t:I:::I:::.,.:.:.:::¡:::t:.:,:::,:,::¡:llR::¡n¡':.::,,:IL.,::,:,:!!:,:.:."::¡¡:.:,:"jLi:JL:.:.:.:¡¡::.:.;.:JL.;::,:::¡t,::I¡m:,:::,::I,.:::.I':::::.:ll:h '£:..,.j::,.J:.:",:.:¡¡¡¡I¡:¡m~*:¡:¡¡:¡:¡¡;:¡¡¡:::¡¡¡¡¡¡¡¡¡ This Future land Use Map Amendment is being processed as a Small Scale Amendment pursuant to Florida Statues 163.3187. This statute states that any local government Comprehensive land Use Plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendment (twice a year), subject to the following conditions: (J The amendment does not exceed either 10 acres of nonresidential land or 10 acres of residential land with a density of 10 units per acre or less; (J The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, (J The proposed amendment does not involve the same property owner's property within 200 feet of property granted a change within a period of 12 months. The land use map amendment involves a 3.01 acre area, thus the total area is less than the 10 acre maximum for nonresidential land uses. This amendment along with other small scale amendments processed this year will not exceed 60 acres (to date a total of 17.44 acres have been processed as small scale amendments), This property has not previously been considered for a land use amendment nor have any of the same property owner's properties been granted a land use change within 200 feet or within the last year, COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were found. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. , ' ... ~ . .- -ò _f P&Z Staff Report FLUM Amendment for Office Depot Page 3 Currently the subject property has a Future land Use Map designation of "Open Space" and a zoning designation of POC (Planned Office Center). Comprehensive Plan amendment 90-1 changed the FlUM designation on this parcel from Medium Density to Open Space. This parcel was included with 22 others which were cited as having discrepancies between the FlUM map and the current uses which were discovered with the preparation of the zoning map. This particular parcel was noted as a dry retention area created as part of the lakeside at Centre Delray Condominiums. The amendment indicated that rezonings to RM, in part, and OS in part would fonow the FlUM amendment. Given the above it would appear that in 1990 there was some confusion with - respect to the parcel's relationship with adjacent residential development. As the parcel is clearly part of the office development to the north the current FlUM designation appears to have been applied in error. The current land use designation of Open Space is inconsistent with the POC zoning district. As the POC zone district reflects the current use (office development) of the parcel it appears appropriate to change the Future land Use Map designation to a designation consistent with POCo The proposed Transitional land use designation is consistent with the current zoning designation and the existing use. Pursuant to the lDR Section 4.4.15 (B), within the POC zone district, professional office uses and there associated parking is anowed as permitted uses. Based upon the above, a positive finding can be made with respect to consistency of the proposed Future land Use Map designation and the existing P~C zoning district. land Use Compatibility: As described in the Future land Use Element of the Comprehensive Plan, the Transitional land Use designation is applied to land which is to be developed for either residential or non residential uses, The designation provides for uses which are not as intense as general commercial in areas where residential use is not desirable and! or appropriate. The adjacent property to the north has a Transitional land Use designation, is zoned Planned Office Center and contains office uses, To the south the site is bordered by the Hardrives parcel which is currently vacant and being annexed with a Transitional land use and Planned Office Center zoning designation. To the east the site is bordered by office development with Transitional land use and Planned Office Center zoning designations, To the west the site is bordered by residential uses (Environment condominiums) having a Medium Density Future land Use Map and a RM residential zoning designation. , ' , - P&Z Staff Report FLUM Amendment for Office Depot Page 4 Compatibility with the adjacent office uses to the north, east and south is not a concern. Compatibility with residential uses to the west is of some concern and will require additional buffering with the development of the site. This buffering may include a combination of buffering mechanisms which include installation of a wall and/or heavy buffering with trees and hedges. With the addition of adequate buffering a finding that the proposed land use map amendment to Transitional is consistent with the surrounding land use designations and existing uses can be made, 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. As the amendment is being processed to accommodate additional parking it does not represent an intensification of use. However, the proposed parking will eliminate a existing dry retention area which currently drains the balance of the site (9.23 acres). The applicant has indicated that drainage will be accommodated through the installation of additional exfiltration trenches and a direct outfall to the C-37 canal located to the south of the Hardrives parcel. With submittal of plans for future improvements concurrency findings with respect to drainage will be required, COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The initial zoning will accommodate future development of the site with parking for office uses, The associated site development plan must meet all of the requirements of the Land Development Regulations or receive appropriate relief, A full site plan submittal is anticipated in the near future. 11~1¡f,~¡¡¡[t¡¡¡¡¡¡¡¡¡¡¡I¡¡l¡¡¡li,¡*¡~¡l[i,¡¡i,i,¡¡¡l¡l¡¡l¡¡¡¡¡¡¡¡¡~¡¡¡¡¡¡¡¡¡l¡¡¡I¡ll¡l¡¡¡¡l:¡¡¡¡¡¡¡¡¡¡¡¡I¡¡¡1i,~I¡l¡I¡[lll[l§[¡.;:¡:i¡li,I:[I¡¡¡[¡¡~\I~m¡¡¡1;1§l¡¡1¡[[ll[¡[l¡lll¡¡¡¡l¡¡¡lli¡¡~f¡¡l~~¡l¡¡¡¡llli¡mm¡l¡l¡[¡l~f,~f,)'¡¡¡¡¡¡¡¡¡¡~¡¡¡I¡~;~¡¡l¡¡[¡¡~¡[¡¡~¡ll[¡ll¡lIll This proposal is not in the geographical area which requires review by the Downtown Development Authority, Community Redevelopment Agency, or the Historic Preservation Board. Acljacent Municipality Notice Pursuant to the Intergovernmental Coordination Element of the City's Comprehensive Plan notice of the development proposal has been provided to the City of Boca Raton and Palm Beach County Planning Department. To date no objections have been received, , ' "--- ,-~- --- -, , -,. - -"--"--~.-- .. . -0 -~ . ~ . - . P&Z Staff Report FLUM Amendment for Office Depot Page 5 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. I~Æ~¡:r::::¡::¡¡:I¡!:I::!::r:t:¡:!:!:~:!rl:.~::1!!!I~~:I¡:¡I:::IIM~~:'[:¡:JI:!!lll:lr.:~:I~::nI1~.:::Rtlrtifltl:¡i:[.;N;;:t:~1~~fmr¡ri¡:::f:¡~¡:::r:Œ!¡~::¡::¡:1 '~::::':.·¡>:.:·'m:'w.',:.:,·,:.,.·,·.,."·,·.",.:,,,:,:.',.",·NNN,:, ,NN,', ,',',',N.','N,,',w,', 'NN,',',','N" 'N,',N, ,w, ,:·:·,',W.w,Ù: Ù,N,·,N":':'>:"~',NN.·""N:,V,,W,',N,·:,NNN.,·NN.,,:"NN.·.'NN":,:",:.:."""",·,,,:~.:,:,w,w""'·"NN,w:':':':·:·.·.',·:', .. . .......... .................................................................................................................. .............. ....... ..... . . ...... ........................ The Future land Use Map Amendment from Open Space to Transitional is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The existing land use designation appears to have been applied in error and is inconsistent with the current zoning of POCo The proposed Future land Use Map amendment to Transitional is consistent with the proposed use of the property as well as the existing POC zoning designation, Compatibility concerns are noted with respect to the residential uses to the west and will need to be mitigated with the site development plan. ,~¡fi::~¡¡¡~jìì¡j¡¡:¡¡::j¡:::¡\!¡:::::¡;I::::¡:::¡[¡:i:::i::¡:ji:¡:::¡::j:::j:¡¡ji::j:¡:::~::::j:j:::j:jì:Ii::I::ffili::í::::B:::I::,I':m:::t:¡:Mi::E¡:::::::i,I::jl¡:lii:t¡::I:¡jl:::§:::::!::¡::¡::¡:¡¡¡j~[::¡j¡:::¡:¡:~[i::~ì¡î¡:]i:¡:i:I¡~!i:¡::::::::~:¡:::i:¡j::¡j¡:~::~::::::::¡:::¡I A. Continue with direction. B. Recommend approval of the Future land Use Map Amendment from Open Space to Transitional based upon positive findings with respect to Chapter 3 of the Land Development Regulations, and policies of the Comprehensive Plan. C. Recommend denial of the Future Land Use Map Amendment from Open Space to Transitional with reasons stated. ~~w.1~j:~U::::j:j~¡¡:¡::tU~i:i::j::i.::::III!!¡:::::;::¡:::::::::¡:§;,;I::I:!lt::I:[I:::I[:¡I::¡I~::I::I~¡::I:¡[1:::I¡::I¡::I;:I:i.Î::I¡!"1::It&1;ìí.r::i.~~:~t~1ã~Æfi:::::¡:::¡:i.:[i::i.¡:::r;¡::¡;:¡:: Recommend to the City Commission approval of the Sman-Scale Future Land Use Map amendment from Open Space to Transitional based upon positive findings with respect to Cliapter 3 of the land Development Regulations, and policies of the Comprehensive Plan. Attachment: [J Location Map This Staff Report prepared by: Paul Dorling. Principal Planner , ' ~ - '.. ~...-- -".' - . . -.. ~ . . . . @ C A . ¡.. : Ii 8 III CANAL en en 1&.1 IX . CI I 1&.1 Z 0 u N SMALL SCALE FUTURE LAND USE MAP AMENDMENTS A. - omCE DEPOT PARCEL 8. - HARDRIVES WEST C. - HARDRIVES £AST FROM OPEN SPACE FROM COUmY INDUSTRIA/.. FROM COUNlY INDUSTRIA/.. I'\.ANNINC DEf'MNENT TO TRANSITIONAl. TO CITY TRANSITIONAl. TO CITY INDUSTRIA/.. " PROPOSED SITE or RELOCATED OrY OF O£tJtAT EACH. n. COIoAMUNlCATION TOWER -- D/CITAL BASC IfW> SYSTEM -- , .._-- -"-'- -..- ' - . --~ .. ... .- -~_.- - - .... - '. -." . ., . . . ....._~ ...-- "... .- -- - . Of{ eJ1 CITY COMMISSION DOCUMENTATION TO: DAVID~' ~NAGER THRU: DIANE DOMINGUEZ, ECT~~ DEPARTMENT OF PLANNING AND NING FROM: JOHN WALKER, PROJECT COORDINATO~Ø..Æ- SUBJECT: MEETING OF NOVEMBER 21,1995 AMENDMENTS TO LAND DEVELOPMENT REGULATIONS SECTION 4.4.13 **FIRST READING** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a request for amendments to LDR Section 4.4,13, regarding density in the Central Business District (CBD) zoning district BACKGROUND: Existing Comprehensive Plan, Future Land Use Element, Policy A-5,13 directs the increase in density in the Central Business District (CBD) zoning district to 30 units per acre. Traffic models prepared for the Transportation Concurrency Exception Area (TCEA) , scheduled for adoption in December, 1995, accounted for the increase in residential density to 30 units per acre in the CBD. In addition, increased density was noted as a policy in the TCEA to assist in achieving an improved employment/housing mix and improved mobility opportunities. Thus, increased residential density in the CBD furthers the goals of both the adopted Comprehensive Plan and the TCEA. The eastern portion of the CBD lies within the Coastal High Hazard Area, which is the evacuation zone for a category 1 hurricane. Within that area, evacuation times should be maintained or decreased, thus, increases in intensity should not be promoted. As noted in the Planning and Zoning Board Memorandum Staff Report, the Central Business District (CBD) zoning district (Section 4.4.13) currently allows limited single family residential as a permitted or accessory use and multi-family residential as a conditional use. /¿J.L. , ' - ------ ~ . -- . . . ..--"" '""--'. - . --- ' . . . City Commission Documentation Amendments to Land Development Regulations - Section 4.4.13 Page 2 The proposed amendment will allow multi-family residential as a permitted use with a maximum density of 30 units per acre west of N,E. 7th Avenue, and 12 units per acre east of N,E. 7th Avenue. The complete text of the amendment is contained in the Planning and Zoning Board Memorandum Staff Report, PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board Considered this item at its meeting of November 13, 1995. There was no public testimony on this item. After discussion, the Board voted (5-2 with Kiselewski and Schwartz dissenting) to recommend approval of the amendments to Land Development Section 4,4,13 as submitted, Mr. Schwartz voted against the amendment because he opposes increases in density anywhere in the City. Ms, Kiselewski felt that multi-family residential should be a conditional use, RECOMMENDED ACTION: By motion, approve the amendments to Land Development Section 4.4,13 as submitted. Attachment: * P&Z Board Memorandum Staff Report of 11/13/95 S:\ADV\DENSITY 4 , f 'f - -- ------._.~- ; . .. i , ) '. I , - - ,.'4 .- ORDINANCE NO. 80-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW MULTI-FAMILY RESIDENTIAL DWELLING UNITS AS A PERMITTED USE WITHIN THE CBD, WITH A MAXIMUM DENSITY OF 12 UNITS PER ACRE WITHIN THE COASTAL HIGH HAZARD AREA LYING EAST OF N.E./S.E. 7TH AVENUE AND A MAXIMUM DENSITY OF 30 UNITS PER ACRE IN THE REMAINDER OF THE CENTRAL BUSINESS DISTRICT¡ PROVIDING FOR THE REGULATION THEREOF¡ 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 a special meeting on November 13, 1995, and voted 5 to 2 to forward the change with a recommendation of approval¡ and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, I'Base Zoning District", Section 4.4. 13, "Central Business (CBD) Districtl', Subsection 4.4.13(B), "Principal Uses and Structures Permitted" , subparagraph 4.4.13(B) (4), of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (4 ) ~W¢¡¡tøg/~øt~ø/wt~~tØ/~~Ø/ø~ØØ/ø~t~¢~~tØ/~ø/¢Øøøøt¢t~¡ ~øØø,/øtøýt~¢~/t~~t/t¢øt~¢øtt~¡/~Ø~/Øø~t¢øt~ø~tt~~/~øØø/~tØ/Ø~ýøt¢~~¡ý øøø~t~t¢~//~Ø~//~~ý¢//øØø~t~tØ//~¢¢Øøø~~ýø,//~~~//t~~t//t~¢t¢//~tØ//~Ø tø_t~ø~tt~~/~~ttØ/Ø~/t~¢/;tø~~~/~~ØØtl Multi-family dwellinq units. in both free-standinq residential structures and mixed use structures. excludinq duplexes. Where such dwellinq units are located in a mixed use building. they shall be physically separated from non-residential uses. and no residential units shall be located on the qround floor. Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District.., Section 4.4. 13, "Central Business (CBD) District" , Subsection 4.4.13(C) , "Accessory Uses and Structures permi tted II , of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subparagraph 4.4.13(C)(6) to read as follows: I , ' ....- _._""'~'-".'-'''''- f - ...--.-- -- .,-" ._._... ,~,~ . . '...-' ...----.-. ._....,.. - ~_..."'_'-- _____. ~.._____.__ C.__._.:. _ "" 'J ,," ,,,",-"--,"'" "'''-"'-" -'""" ""","~ t . ( ) "' , , : ",- ill. Recreational facilities attendant to a multi-family residential development, such as tennis courts. swimming pools. ,- eXêrcise area. and meeting rooms. Section 3. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4. 13, "Central Business (CBD) District", Subsection 4.4.13(D) , "Conditional Uses and Structures Allowed" , of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: I ¡ø)' /VtØ¢f Ø~"Ý1çi;lÝ1w /ø}6.l-~1--øl-Øf~,.¢;ll-ý /þiø}6.ø1-Jiw / .}6.jS~ ¢¢~ /~Ø /~þi¢ t¢~}6.;lt¢Ø¢Ý1~ø//Ø~//~þi¢//~//Ø;l.~t;l¢t//¢~¢¢-ø~//~øt//.¢~jS"¢~//"Ý1çi//þi¢;lwþi~ t¢~}6.;lt¢Ø¢Ý1tø/wþi;l¢þi/.þi"l-l-/jS¢/-ø}6.t;}6."Ý1t/tØ/tþi;l;/;¢¢t1-ØÝ11 L1Q¡ ¡ ) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. LU¡;Z) Veterinary clinics. (12.¡~) Movie theaters, excluding drive-ins. (.1.JJØ) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g. concerts, live performances). (li.¡,) Flea markets, bazaars, merchandise marts, and similar retail uses. (.l..5J ø ) Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on property with a minimum lot area of 20,000 sq. ft. Section 4. That Chapter Four, II Zoning Regulations", Article 4.4, II Base Zoning District", Section 4.4.13, "Central Business (CBD) District II, Subsection 4.4.13(H), "Special Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (H) Special Regulations: (1) The sale of second hand material, other than verifiable antiques, shall not be allowed within businesses which have an entry from and/or windows along East Atlantic Avenue. - 2 - Ord. No. 80-95 , j . '. ..... . ,. .~. -'.'. _,,: _J. _. ___-=. ._..___ . ~.~-- -<- ----- f . , - ( <) .-- ~ . (2) The picking-up, dropping-off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited. ... .Lll The maximum density for residential dwelling units in that portion of the Central Business District (CBD) within the Coastal High Hazard Area, which lies east of N.E. 7th Avenue. is 12 units per acre. The maximum density for residential dwelling units in the remainder of the CBD is 30 units per acre. 1..ll Minimum floor area for multi-family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). .- ill Free-standing structures. containing only H residential uses, shall not be located on properties fronting Atlantic Avenue. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 7. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 80-95 , ' .;.~'.~ . ~~.. '. -.. '". . .. .' . - PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT FOR LDR AMENDMENTS MEETING DATE: Special Meeting of November 13,1995 AGENDA ITEM: II.B. SUBJECT: Increased Density in the Central Business District (CBD) LDR REFERENCE: Section 4.4.13 ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission on a proposed modification to the City's Land Development Regulations (LDRs). Pursuant to LOR Section 1.1,6, no amendment may be made until a recommendation is obtained from the Planning and Zoning Board. Pursuant to F.S. 163.3194(2), the Planning and Zoning Board is to review the proposed amendment with respect to its relationship to the adopted Comprehensive Plan of the City. BACKGROUND: Comprehensive Plan: The Future Land Use Element of the Comprehensive Plan calls for a "village center" development scenario which promotes continued development and redevelopment in the downtown area through an enhanced balance of employment, housing, and mobility, One incentive to encourage residential development is through an increase in the allowable maximum residential density from 12 units per acre to 30 units per acre, The residential units could be accommodated in free-standing multi-family structures, or in mixed use structures with residential above commercial uses. Existing Comprehensive Plan, Future Land Use Element, Policy A-5.13 directs the increase in density in the Central Business District (CBD) zoning district to 30 units per acre. Traffic models prepared for the Transportation Concurrency Exception Area (TCEA) , scheduled for adoption in December, 1995, accounted for the increase in residential density to 30 units per acre in the CBD. In addition, increased density was noted as a II.B. - -- ..;~-,. .... ~ -..... . . ~"_. - . P&Z Board Memorandum Staff Report LDR Amendments - Section 4,4.13 - Increased Density in the Central Business District (CBD) Page 3 Section 4.4,13(C) should be modified as follows: (6) Recreational facilities attendant to a multi-family residential development. such as tennis courts. swimming pools. exercise area. and meeting rooms, LDR Section 4.4.13(D)(10) should be deleted: Fr:ee standing multiple family housing subject to tRe r:equirements of the RM District exoopt for setback and height r.eqI:Jirements 'l/hich shall be pI:Jr:gI:Jant to tRis Section. LDR Section 4.4,13 (H) should be modified to add: æ The maximum density for residential dwelling units in that portion of the Central Business District (CBD) within the Coastal High Hazard Area. which lies east of N.E. 7th Avenue. is 12 units per acre. The maximum density for residential dwelling units in the remainder of the CBD is 30 units per acre, ß). Minimum floor area for multi-family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). !5l Free-standing structures. containing only residential uses. shall not be located on properties fronting Atlantic Avenue. ANALYSIS: The anticipated residential development in the CBD zoning district is multi-family, either occupying the upper floors of mixed use buildings, or in free standing residential buildings, The proposed amendments will implement Policy A-5,13 of the Comprehensive Plan Future Land Use Element. Increasing maximum density to 30 units per acre will allow the optimum use of downtown property. In order to reach that goal, the Land Development Regulations need to be modified in several areas. * Multi-family residential use should be a permitted use in the district. This is the preferred development type in the district, and there is no reasonable basis for requiring a conditional use process. * The maximum multi-family residential density should be 30 units per acre to implement Comprehensive Plan direction and achieve the goals of the TCEA. * Duplexes should not be a permitted use. Their lower density is out of character in the CBD, , ' '. _."-- ,.--- -." ---- .. .~ . .. . . - - .. . . . . P&Z Board Memorandum Staff Report LDR Amendments - Section 4.4.13 - Increased Density in the Central Business District (CBD) Page 4 AL TERNA TIVE ACTIONS: 1. Continue with direction. 2. Recommend approval based upon a finding that the proposed modification is consistent with and furthers the Comprehensive Plan 3, Recommend denial with the basis stated, RECOMMENDED ACTION: By motion: Recommend approval, based upon a finding that the proposed modification is consistent with and furthers the Comprehensive Plan. S:\adv\DENSITY2 , '