02-22-94 Regular
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CITY OF DELRAY -BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING
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~ FEBRUARY 22. 1994 6:00 P.M.: PUBLIC HEARING 7:00 P.M. .
COMMISSION ÇHAMBERS 1~3
The City shall 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
activity conducted by the City. Please contact Doug Randolph, (407)
243-7127 at least twenty-four (24) hours prior to the program or activity
in order for the City to reasonably accommodate your request.
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, reaarks by an individual will be liaited to three
minutes or less, (10 ainutes 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
ci tizen is entitled to be heard concerning any matter wi thin 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 siqn-ln
sheet if you have not already done so.
3. ADDRESSING THB 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 my
majority vote of the Commission member present.
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City Commission
Regular Meeting _
02/22/94
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
or hearing, such persons will need a record of these proceedings, and for
this purpose such persons may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. The City will neither provide nor
prepare 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 February 8, 1994
Special Meeting of February is, 1994
6. Proclamations:
A. Girl Scout Week - March 6 to 12, 1994
B. Recognizing the Cleveland Family as the State of Florida Tennis
Association's 1993 Family of the Year
7. Presentations:
~. Ms. Sherry Johnson - Center for Technology, Enterprise and
Development
vlB. Ms. Tina Masciocchi - Deerfield Beach Community Relations
Board, Purple Ribbon Campaign
8. Consent Agenda: City Manager recommends approval.
~ APPOINTMENT TO THE METROPOLITAN PLANNING ORGANI ZATION /
TECHNICAL ADVISORY COMMITTEE (MPO-TAC): Approve appointment of
City Engineer Ralph Hayden to the Palm Beach County Metropoli-
tan Planning Organization Technical Advisory Committee, with
Senior Planner Paul Dorling as alternate.
/B. APPOINTMENT TO INTERGOVERNMENTAL PLAN AMENDMENT REV I EW
COMMITTEE (IPARC): Approve appointment of Diane Dominguez to
the Intergovernmental Plan Amendment Review Committee.
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City Commission ~
Regular Meetin~\ ~ 5
02/22/94 wI n orr
~ ~IGHT-OF-WAY DEED/S.W. 10TH AVENUE: Accept a right-of-way deed
associated with the construction of S. W. 10th Avenue between
Linton Boulevard and S.W. 11th Street.
~ RECEIPT OF INFRASTRUCTURE REPORT/PUBLIC HEARING JANUARY 24.
1994: Receive and file report of January 24, 1994, annual
Public Hearing mandated by the Comprehensive Plan, regarding
capital improvement needs throughout the City.
@. REPLAT/RIESKE SUBDIVISION: Approve replat for the Rieske
Subdivision located on S.E. 7th Avenue, north of S.E. 4th
Street, pursuant to LDR Section 2.4.5(L).
@. FINAL PLAT/CLEARBROOK PARK: Approve the final plat for
Clearbrook Park, located on the west side of Homewood Boulevard
south of Atlantic Avenue, between Lago Del Rey and Woodlake
subdivisions.
(V RESOLUTION NO. 16-94/ABANDONMENT OF PUBLIC EASEMENTS AT CLEAR-
BROOK PARK:
ð· FINAL PLAT/LL PARK OF COMMERCE: Approve the replat of Parcels
B and C of the LL Park of Commerce located at the southeast
corner of north Congress Avenue and the Lake Worth Drainage
District's E-4 canal.
~. FINAL PLAT/HIGHLAND TRAILER PARK: Approve the replat of Lot
170, Highland Trailer Park located at the northwest corner of
Barwick Road and Pine Grove Road.
eì WAIVER OF LAND DEVELOPMENT REGULATIONS/MARINA DELRAY DOCK:
Approve a waiver to LDR Section 7.9.5(A) governing dock
projection from the seawall and Section 7.9.11(A) governing
projection of boat lifts.
(5. WAIVER OF LAND DEVELOPMENT REGULATIONS/SAWGRASS CONSTRUCTION.
INC. BOAT LIFT: Approve a waiver to LDR Section 7.9.11(A)
governing projection of boat lifts to Sawgrass Construction,
Inc. for 1045 Del Haven Drive.
&. REOUEST AUTHORIZATION TO SEEK TRANSPORTATION ENGINEERING
CONSULTANT SERVICES: Authorize starting the selection process
for a Transportation Engineering Consultant for on-going
services in lieu of a staff position for the Traffic Engineer.
ø GRANT REOUEST/COMMUNITY JUVENILE JUSTICE PARTNERSHIP PROGRAM:
Authorize staff to apply for a grant of up to $100,000 from the
Community Juvenile Justice Partnership Program aimed at youth
at risk.
® RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTIONS TAKEN JANUARY 20. 1994: Ratify
expending $1,840,000 for Sludge Process Modification¡ awarding
Executive Director a 4% raise effective 10/1/94¡ awarding
contract to John J. Kirlin for Sludge Modification and
Emergency. Chlorine Scrubber in the amount of $l,950,OOO¡
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. City Commission
Regular Meeting -
02/22/94
entering three year contract for Sludge Hauling with J & J
Baker Enterprises¡ authorizing purchase of Effluent Sample
Pumps, two Chlorination Flow Meters, Bowl Liner for Centrifuge
and Lime Slurry Pump¡ expending additional $71,000 for
engineering, legal and legislative costs associated with Reuse
Water Project.
O. FUNDRAISING EVENT/DELRAY MERCHANTS ASSOCIATION: Approve a
Blues Festival fundraising effort for the Delray Merchants
Association on March 12, 1994, from 3:00 p.m. to 12:00
midnight, hosted by West Side Liquors.
~ JRESOLUTION NO. 13-94: A resolution declaring the necessity for
{~~~ public improvements including improved sidewalks and associated
" landscaping on N.E. 1st Avenue between N.E. 2nd Street and N.E.
~ 3rd Street and establishing a special assessment district known
as the Banker's Row Assessment District (It BRAD It) .
¡ \ ~ / ~~SOLUTION NO. 14-94: A resolution declaring the necessity for
v:> -Jo public improvements including street paving, street-side
~þt/ ~ parking and street lighting on N.E. 1st Avenue between N.E. 2nd
. Street and N. E. 3rd Street and establishing a special assess-
ment district known as the Banker's Row Assessment District
("BRADIt).
CV FINAL PAYMENT/FABRICATION PLUS: Approve Final Payment in the
amount of $21,350.00 to Fabrication Plus for architectural
fencing at the Delray Beach Tennis Center site, with funding
from the General Construction Fund, Tennis Center Stadium Phase
II (Account No. 334-4145-572-63.42).
® DEDUCTION OF MONIES/DEES CONTRACTING: Authorize deduction of
$6,522.64 from monies owed to Dees Contracting to reimburse
staff for paint overspray on cars, pay additional consulting
fees and phone charges which were incurred during construction.
ø SERVICE AUTHORIZATION NO. 9/PROFESSIONAL ENGINEERING CONSUL-
TANTS. Inc. : Approve Service Authorization No. 9 in the amount
of $-187,407.00 to the contract with Professional Engineering
Consultants, Inc. for the N.E. Ground Water Storage Tank, with
funding from 1993 Water and Sewer Revenue Bond N.E. Storage
Tank (Account No. 440-5179-536-63.54).
~ AWARD OF BIDS AND CONTRACTS:
1. Bid Award - Multiple contracts for housing rehabilitation
to the following low bid contractors: Ray Graeve Construction
(202 1/2 S.W. 13th Avenue) in the amount of $20,000 and (620
Lake Ida Road) in the amount of $20,OOO¡ South Florida Con-
struction (234 S.W. 11th Avenue) in the amount of $11,427¡ with
funding from Community Development Block Grant Housing
Rehabilitation (Account No. 118-1963-554-49.19).
9. Regular Agenda:
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City Commission
Regular Meeting -
02/22/94
G ) REVIEW OF APPEALABloE LAW!! DEVELOPME¡¡I lI¡;:TIONS OF VARIOQS
BOARDS: Consider accepting the actions and decisions made by
the Site Plan Review and Appearance Board and the Historic
Preservation Board during the period February 7 through
February 18, 1994.
~ RESOLUTION NO. 10-94: Bloods PURCHASE contract
FINAL PLAT/HANCOCK SUBDIVISION: Consider approval of the final
plat for the Hancock Subdivision located at 622 N. Ocean
Boulevard (State Road AlA) pursuant to LDR Section 2.4.5(K),
Minor Subdivisions.
C) CONDITIONAL USE MODIFICATION/DELRAY SOUARE BINGO HALL:
Consider an appeal of the approval of a conditional use
modification granted by the Planning and Zoning Board for
Delray Square Bingo Hall.
(ð EXTENSION OF CONDITIONAL USE AND SITE PLAN APPROVAL/HESS
SERVICE STATION: Consider a request for an extension of the
expired Major Modification of a Conditional Use and Site Plan
for the Hess Gasoline Station located on the east side of
Military Trail, north of Atlantic Avenue, Delray Square
Shopping Center.
Q) /FORMAL INITIATION OF CITY'S COMPREHENSIVE PLAN AMENDMENT 94-1:
Consider initiating Amendment 94-1 to the City's adopted
Comprehensive Plan. Pursuant to LDR Section 9.2. 1, "A Plan
Amendment shall only be initiated by formal action of the City
Commission."
cg REOUEST FOR CITY STAFF SUPPORT OF DELRAY BEACH CHAMBER OF
COMMERCE -- DELRAY AFFAIR: Consider request of The Delray
Beach Chamber of Commerce for staff support (use of City
facilities, trash collection, and street barricading) for
Delray Affair April 8 - 10, 1994.
G APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a
member to the Delray Beach Housing Authority to a term ending
3/6/98.
y APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the
Education Board to a term ending 7/31/95
(j) SUPPORT COMPENSATION PROPOSALS/CONSULTANTS COMPETITIVE
NEGOTIATION ACT: Consider request to support three bills
permitting governmental agencies to consider compensation
proposals with firms selected in the competitive selection
process.
V REOUEST TO POSTPONE REZONING LAKEVIEW GOLF COURSE: Consider
request to pospone rezoning of the Lakeview Golf Course.
~ /ADOPT "SHARING FOR EXCELLENCE IN SCHOOLS 1994" PLAN: Adopt
1994 update of the original 1990 plan.
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. Ci ty Commission .
Regular Meeting _
02/22/94
10. Public Hearings:
I/'Á. ORDINANCE NO. 5-94: An ordinance modifying the Community
Redevelopment Plan for the City of Delray Beach to account for
certain changes which have occurred since the last amendment of
the Plan, to account for modification or completion of project
components, and to provide for the addition of several new
programs to the Plan.
lB. ORDINANCE NO. 2-94: An ordinance rezoning a 1.75 acre parcel
of land located south of S.E. 4th Street, between the F.E.C.
Railroad and S.E. 1st Avenue, from GC (General Commercial) to
SAD (Special Activities District). Planning and Zoning Board
unanimously recommends approval as an interim measure.
ylC. ORDINANCE NO. 4-94: An ordinance rezoning properties located
east of Seacrest Boulevard, immediately south of and adjacent
to Atlantic High School (N.E. 22nd Lane), from NC (Neighborhood
Commercial) District to R-1AA (Single Family Residential)
District.
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. 6-94: An ordinance annexing and establishing the
initial zoning for a 16 acre portion of Blood's Hammock Groves
for School Site "S" and a proposed 6 acre City park.
13. Comments and Inquiries on Non-Agenda Items.
A. Commission
B. City Attorney
C. City Manager
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[ITY OF DELRAY BEA[H
DELRA Y BEACH
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AI~America City
"III! PROCLAMA TION
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WHEREAS, the purpose of Girl Scouting is to
inspire girls with the highest ideals of character, conduct,
patriotism, and service that they may become happy and
resourceful citizens; and,
WHEREAS, the motivating force in Girl Scouting is
a spiritual one, and shall be open to all girls and adults
who accept the Girl Scout Promise and Law; and,
WHEREAS, currently in Delray we have 425 girls and
201 adult volunteers registered in 29 Girl Scout Troops.
Girl Scouts in Delray this year have worked on rebuilding
Veterans Park, participated in the Holiday and Martin Luther
King Birthday Parades and worked at the Heritage Festival,
and Kids Fest.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
, City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim March 6th through
March 12, 1994 as
GIRL SCOUT WEEK
in Delray Beach and encourage all its citizens to support
the Girl Scout Movement. The ultimate responsibility for
the Girl Scout Movement rests with volunteers.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 22nd day of February, 1994.
MAY 0 R
THOMAS E. LYNCH
SEAL
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£ITY DF DELRAY BEA[H
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PROCLAMA TIO,''',r
19'1 ¡
WHEREAS, the citizens and families of Delray
Beach, Florida, are of vital concern; and,
WHEREAS, the Florida Tennis Association has
selected the Don Cleveland Family of Delray Beach, as its
1993 Tennis Family of the Year; and,
WHEREAS, the Cleveland Family, Don, Becky, Casey
and Crystal, exemplify tennis excellence; and,
WHEREAS, Don is the Florida Tennis Association
District Six Chairman of Junior Tournaments, and ranks as
one of the top players in the State of Florida; and,
WHEREAS, Becky was an outstanding tennis player in
Delray Beach before assuming her role as coach, chaperone
and bus driver for the Cleveland family; and,
. of
WHEREAS, Casey was Captain the 1991
Championship St. Andrews Team, and currently attends North
Florida University in Jacksonville, where he is an
All-American Doubles Champion; and,
WHEREAS, Crystal is ranked number one in both
singles and doubles for the Florida Tennis Association Girls
Twelve Division, and has received several sportsmanship
awards; and,
WHEREAS, the Cleveland Family has helped bring
Delray Beach to the forefront of Florida Tennis by their
dedication, work habits and sportsmanship.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby wish to recognize the
CLEVELAND FAMILY
as the State of Florida Tennis Association's 1993 Family of
the Year.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 22nd day of February, 1994.
MAY 0 R
THOMAS E. LYNCH
SEAL
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PRESENTATION FOR THE FEBRUARY 22 REGULAR MEETING
Sherry Johnson from the TED Center (Center for Technology, Enterprise
and Development, Inc.) will make a presentation, as a "thank you" and
give a brief year end report of their accomplishments. (Samual
McGhee is the head of the TED Center.)
Ms Johnson is Director of Affordable Hous ing for the TED Center.
They work in conjunction with CRA, and she worked through Lula Butler
getting permission to operate in the City in a "restoring our
neighborhood" program. January 31 is the end of the program, and she
wishes to recount the accomplishments of the program.
State Home Dollars 1992
County Dollars
CDC
Sherry Johnson 276-8640
TED Center 265-3790
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~EGO CITY OF
{\J~ DEERFIELD BEACH
FLORIDA
~ ,¿;: 150 N.E. SECOND AVENUE . 33441-3598 . (305) 480-4200 . FAX (305) 480-4268
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February 10, 1994
F¡~C
David T. Harden '£" ~/ ¡~O
City Manager CITy M4 ~ ~
100 N.W. 1st Ave. "M(1{:,?,~
Delray Beach, FL. 33444 f)Ff/Cf
Dear Mr. Harden:
The Community Relations Board of Deerfield Beach and 'the Urban:
League of Broward County have begun a "PURPLE RIBBON CAMPAIGN" to
"X" out crime and violence by creating awareness and participation.
This is just the beginning of programs that will be implemented in
Florida and hopefully across the country.
I would like to ask to be a part of the aganda at your next meeting
February 22, 1994 to present this program to your community.
Crime and violence affects everyone; from being a victim to paying
higher prices for goods and services. WE ALL ARE VICTIMS.
Please consider allowing me 5 minutes to speak to your community.
Captain Al Lamberti is a strong supporter of this program and is
taking a very active role.
I can be reached at (305)426-1409 anytime.
Thank you.
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Tina Masciocchi, Chair
Community Relations Board
700 S.E. 6th Ave., #203
Deerfield Beach, FL. 33441
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THE PURPLE
RIBBON
CAMPAIGN
TO PREVENT
VIOLENCE
& CRIME
ON FEBRUARY 1 4, 1 994
THIS COMMUNITY WILL BEGIN
THE PURPLE RIBBON CAMPAIGN TO PREVENT
VIOLENCE & CRIME
IN OUR COMMUNITY.
THE PLACE IS THE NAN KNOX BOYS & GIRLS CLUB
832 NW 2ND STREET IN FORT LAUDERDALE.
THE TIME IS 4 PM
THE PHONE NUMBER TO CALL IS
(305) 584-0777 IF YOU HAVE A~Y <i'~STIONS.
(3'Y l{.3,-f'fD'1 ~ '}J,44t!~U -
WE DON'T NEED TO TAKE A BITE OUT OF CRIME,
WE NEED TO STOP BELIEVING THAT CRIME IS SUPPOSED TO BE
A PART OF OUR LIVES.
REMEMBER, IF WE DON'T RESCUE OURSELVES, THERE WILL BE NO RESCUE!
URBAN LEAGUE OF BROWARD COUNTY, INC PURPLE RIBBON
11 N.W. 36TH AVENUE CAMPAIGN STEERING COMMITTEE
FORT LAUDERDALE, FLORIDA 33311
CRIME FACTS
o JUVENILES USE OF GUNS IN HOMICIDES INCREASED
FROM 64% TO 78% BETWEEN 1987 AND 1991. JUVE-
NILES ARRESTED FOR WEAPONS VIOLATIONS
INCREASED 62%.
o IN 1990, ONE IN FIVE HIGH SCHOOL STUDENTS
REPORTED CARRYING A WEAPON SOMEWHERE, AT
LEAST ONCE, DURING THE PAST MONTH. ONE IN 20
CARRIED A FIREARM. AMONG STUDENTS WHO CARRIED
A WEAPON, KNIVES AND RAZORS WERE MORE LIKELY
TO BE CARRIED (5S%) THAN WERE FIREARMS (20%).
MORE THAN HALF OF THE BLACK MALES WHO CARRIED
A WEAPON CARRIED A GUN.
o THE 1991 HOMICIDE VICTIMS, THOSE AGE 10-77,
WERE MOST OFTEN KILLED BY A FRIEND OR ANOTHER
ACQUAINTANCE (67 %).
o MORE THAN 70% OF TEENAGE HOMICIDE VICTIMS
WERE SHOT TO DEATH. THE OVERWHELMING MAJORITY
OF YOUTH HOMICIDE VICTIMS IN THE 70-17 AGE
RANGE WERE MALE (73%).
· SOURCE: JUVENILE JUSTICE DIGEST. AUGUST 4, 1993
URBAN LEAGUE OF BROW ARD COUNTY, INC.
11 N.W. 36TH AVENUE
FORT LAUDERDALE, FLORIDA 33311
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[ITY DF DELRAY BEA[H
DELRA Y BEACH
f l 0 . I 0 ...
bed 100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AJl.America City
, ~ 1I1·:ebrUary 23. 1994
199 ¡
Randy Whitfield, Director
Metropolitan Planning Organization (MPO)
P.O. Box 21229
West Palm Beach, FL 33416-1229
Re: TAC NOMINATIONS FOR THE CITY OF DELRAY BEACH
Dear Mr. Whitfield,
With the departure of David Kovacs, our City's position on the
MPO-TAC will be vacant. To fill this position, the Delray
Beach City Commission on February 22, 1994, formally requested
that Ralph Hayden, C.E. , the City Engineer, be named to fill
that vacancy. The Commission also requested that Paul Dorling,
Senior Planner, be named as the alternate. A copy of the City
Commission documentation along with a brief overview of Mr.
Hayden's and Mr. Dorling's qualifications are enclosed.
Please take the appropriate steps to have the formal appointment
made by the MPO governing board.
Cordially,
L~i<f]¿~
David T. Harden
City Manager
DTH/dlm
Enclosures:
* City Commission Documentation of February 22, 1994
* Qualifications Overview for Ralph Hayden
* Qualifications Overview for Paul Dorling
c:
Ralph Hayden
Paul Dorling
DJK/MPO-APT.DOC
a. n__._~ _ _ . - THE EFFORT ALWAYS MATTERS
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM * g A - MEETING OF FEBRUARY 22. 1994
APPOINTMENT TO THE METROPOLITAN PLANNING ORGANIZATION/
TECHNICAL ADVISORY COMMITTEE
DATE: FEBRUARY 18, 1994
This item is before the Commission to approve appointment of City
Engineer Ralph Hayden to the Palm Beach County Metropolitan Planning
Organization Technical Advisory Committee (MPO/TAC) , with Senior
Planner Paul Dorling acting as alternate.
This appointment is precipitated by the resignation of Planning
Director David Kovacs, who currently represents the City on the
MPO-TAC.
Recommend approval of the appointment of City Engineer Ralph Hayden
to represent the City on the Palm Beach County Metropolitan Planning
Organization, with Senior Planner Paul Dorling as alternate.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ID T. HARDEN, CITY MANAGER
FROM: VI~J~~.
DIRECTOR OF PLANNING
SUBJECT: MEETING OF FEBRUARY 22, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
nominating City delegates to the Technical Advisory
Committee (TAC) of the Metropolitan Planning Organization
(MPO) for Palm Beach County.
The MPO-TAC appointment process requires a nomination from
the City with review and acceptance by the MPO.
B A C K G R 0 U N D:
With the resignation of David Kovacs, the City will no longer be
represented on the MPO-TAC. Our efforts to fill the vacant City
Engineer position have not been fruitful. Thus, in order to
remain current with MPO and TAC activities, it is appropriate
that a replacement be made at this time.
In discussion among the City Manager, the City Engineer, the
Director of Environmental Services, and the Director of
Planning, it is suggested that the City Engineer (Ralph Hayden)
be appointed as the TAC delegate and that a planner serve as the
alternate. The recommended planner is Paul Dorling, Senior
Planner. Members of the MPO-TAC are to be staff members.
R E COM MEN D E D ACT ION:
By motion, nominate Ralph Hayen, City Engineer, as the City's
representative to the MPO-TAC along with Paul Dorling, Senior
Planner, as the alternate.
T:CCMPO
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METROPOLITAN PLANNING ~T~øv... z-þÞ-'
OF ?;v1
PALM BEACH COUNTY
160 Australian Avenue. SUite 201. West Palm Beach. Florida 33406 Tel í4071684-41 70
I»~
February 15, 1994 ~ °01/,
c/lr '4. ~(;
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Mr. David Harden, City Manager ~E'~,
.J'
City of Del ray Beach O/'~
100 Northwest 1st Avenue ~f'
Delray Beach, Florida 33444
RE: Technical Advisory Committee Membership
Dear Mr. Harden:
It has come to our attention that Mr. David Kovacs will soon be leaving the City
of Delray Beach to accept employment elsewhere. As you are aware, Mr. Kovacs
currently serves on the Technical Advisory Committee representing the City of
Delray Beach. We are requesting that the City appoint a new member and alternate
as soon as possible. The process calls for the TAC and MPO to approve the new
representatives. Therefore, resumes of both will be needed as backup material
for the approval process.
If you have any questions, please contact me.
Sincerely,
~~eld'
Director
RMW:pvn
P () Rmr?1 ??9 WA~t P:1lm RA:1r.h Florid:1 33416-1 ??C1
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EITY DF DELHAY BEAEN
DELRAY BEACH
f l 0 . I 0 ...
........ 100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AI~America C,
, , II tFebrUary 23, 1994
1993
Randy Whitfield, Director
Metropolitan Planning Organization (MPO)
P.O. Box 21229
West Palm Beach, FL 33416-1229
Re: TAC NOMINATIONS FOR THE CITY OF DELRAY BEACH
Dear Mr. Whitfield,
With the departure of David Kovacs, our City's position on the
MPO-TAC will be vacant. To fill this position, the Delray
Beach city Commission on February 22, 1994, formally requested
that Ralph Hayden, C.E., the City Engineer, be named to fill
that vacancy. The Commission also requested that Paul Dorling,
Senior Planner, be named as the alternate. A copy of the City
Commission documentation along with a brief overview or Mr.
Hayden's and Mr. Dorling's qualifications are enclosed.
Please take the appropriate steps to have the formal appointment
made by the MPO governing board.
Cordially,
David T. Harden
City Manager
DTH/dlm
Enclosures:
* City Commission Documentation of February 22, 1994
* Qualifications Overview for Ralph Hayden
* Qualifications Overview for Paul Dorling
c:
Ralph Hayden
Paul Dorling
DJK/MPO-APT.DOC
(l)~ - THE EFFORT ALWAYS MATTERS
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o U A LIP I CAT ION S P 0 R
RALPH E. HAY DEN. P. E.
CITY OF DEL RAY BEACH NOMINEE TO THE PALM BEACH MPO-TAC
NAME: Ralph E. Hayden, P.E.
TITLE: City Engineer, City of Oelray Beach
PROF. AFFL: Florida Engineering Society
LCDR, Civil Engineer Corp., u.s. Naval Reserve
EDUCATION: Bachelor of Science in Civil Engineering
University of Florida
EXPERIENCE:
1974-1978 Project Engineer, Duke Power Corp.
Charlotte, N.C.
1978-1980 Project Engineer, Robert E. Owen & Assoc.
West Palm Beach, Florida
Road and land development projects
1980-1983 Public Work Officer/Staff Civil Engineer, Naval
Air Station, Pensacola.
Road and facility planning and maintenance
1983-1991 Chief Engineer, Robert E. Owen & Associates
West Palm Beach, Florida
Design of roads and highways
1991 -
Present City Engineer, City of Delray Beach. Planning and
design of City streets, coordination of County
and State road projects.
RHQUALI.KT
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QUA L I F I CAT ION S FOR
P A U L D 0 R L I N G
CITY OF DEL RAY BEACH NOMINEE TO THE PALM BEACH COUNTY MPO-TAC.
NAME: Paul Dorling
TITLE: Senior Planner
PROF. AFFL: American Planning Association
American Litoral Society
EDUCATION: Bachelor of Science in Planning:
University of Michigan
Masters of Science in Coastal Zone Management;
Ocean Science Program (one class pending)
EXPERIENCE:
1985 - 1987 Planner
City Planning Department
City of Plantation
Broward County, Florida
1986-1987 Served as Broward County MPO-TAC (alternate
member) for City of Plantation.
1987-present Senior Planner (Current Planning)
City of Delray Beach
Planning and Zoning Department
Palm Beach County, Florida
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[ITY DF DELIAY BEA[H
DURAY BEACH
f l 0 . I 0 "
b:ed 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7000
AI~America e,
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lY93
February 23, 1994
Stacy Schweinsberg, Coordinator
IPARC CLEARINGHOUSE
c/o Town of Lantana
500 Greynolds Circle
Lantana, FL 33462
Re: Appointment to IPARC
Dear Ms. Schweinsberg,
Please be advised that with the resignation of David Kovacs, the
Commission of Delray Beach has appointed Diane Dominguez,
A.I.C.P., as the City's representative to the Intergovernmental
Plan Amendment Review Committee.
Cordially,
J~:P--r"t-~
David T. Harden
City Manager
DTH/dlm
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Diane Dominguez
DJK/IPARC.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM it 8B - MEETING OF FEBRUARY 22, 1994
APPOINTMENT TO INTERGOVERNMENTAL PLAN AMENDMENT REVIEW
COMMITTEE
DATE: FEBRUARY 18, 1994
This item is before the Commission to approve appointment of
Principal Planner Diane Dominguez to the Intergovernmental Plan
Amendment Review Committee (IPARC) of the Palm Beach County Inter-
governmental Coordination Program.
This appointment is precipitated by the resignation of Planning
Director David Kovacs, who currently represents the City on the
IPARC.
Recommend the appointment of Diane Dominguez to the Intergovernmental
Plan Amendment Review Committee.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D T. HARDEN, CITY MANAGER
~~~g
FROM: VID J. OVACS, A.I.C.P.
DIRECTOR OF PLANNING
SUBJECT: MEETING OF FEBRUARY 22, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
appointing a City representative to the Intergovernmental
Plan Amendment Review Committee (I PAR C) of the Palm Beach
County Intergovernmental Coordination Program.
B A C K G R 0 U N D:
With the resignation of David Kovacs, the City will no longer be
represented on IPARC. Participation on this committee is a
requirement of the Interlocal Agreement previously approved by
the City. Thus, in order to fulfill our obligations, it is
appropriate that a replacement be named at this time.
It is recommended that Diane Dominguez, A.I.C.P., be appointed.
She is a certified planner and is the highest ranking
professional planner in the City organization. She is also
capable of fulfilling the role of an IPARC member.
R E COM MEN D E D ACT ION:
By motion, appoint Diane Dominguez as the City's representative
on the Intergovernmental Plan Amendment Review Committee.
T:CC-IPARC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ð'C- - MEETING OF FEBRUARY 22. 1994
RIGHT-OF-WAY DEED/S.W. 10TH AVENUE
DATE: FEBRUARY 18, 1994
This item is before the Commission to approve a right-of-way deed
associated with the construction of S.W. 10th Avenue between Linton
Boulevard and S.W. 11th Street.
This deed is for right-of-way located adjacent to The Groves of
Delray, a proposed 158 unit adult residential development. Southwest
10th Avenue is to extend from Linton Boulevard north, ultimately to
S.W. 10th Street. The City has obtained all needed right-of-way
south of the Groves, and is in the process of obtaining it to the
north.
A plat of the Groves property is currently being processed; however,
it was necessary to obtain the right-of-way at this time in order to
maintain the de sign and construction schedule for S.W. 10th Avenue.
Thus, the deed for the right-of-way was requested and received prior
to finalization of the plat.
The legal description of the right-of-way has been verified by the
City Engineer, and the deed has been reviewed as to form and
sufficiency by the City Attorney's office. It is now ready for City
Commission acceptance. The Planning and Zoning Board approved the
preliminary plat for the Groves of Delray on December 20, 1993. The
preliminary plat included the dedicated right-of-way along S.W. 10th
Avenue.
Recommend approval of the right-of-way deed for a portion of S.W.
10th Avenue adjacent to the Groves of Delray.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~M~'~~ ~AGER
THRU:
p NCIP~,~~ER
FROM: - VEN E. _ YLÒR
PLANNER
SUBJECT: MEETING OF FEBRUARY 22, 1994
ACCEPTANCE OF RIGHT-OF-WAY DEED **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
acceptance of a right-of-way deed associated with the
construction of S.W. 10th Avenue.
The subject right-of-way (a portion of S.W. 10th Avenue) is
located between Linton Boulevard and S.W. 11th Street.
B A C K G R 0 U N D:
The subject deed is for right-of-way located adjacent to The
Groves of Delray, a proposed 158 unit adult residential
development. The right-of-way is being provided for the
construction of S. W. 10th Avenue. The avenue is to extend from
Linton Boulevard north, ultimately to S.W. 10th Street.
The right-of-way must either be obtained through platting or by
deed. The City has obtained all needed right-of-way south of
the Groves, and. is in the process of obtaining it to the north.
A plat of the Groves property is currently being processed,
however, it was necessary to obtain the right-of-way at this
time in order to maintain the design and construction schedule
for S. W. 10th Avenue. Thus, the deed f or the right-of-way was
requested and received prior to finalization of the plat.
The legal description of the right-of-way has been verified by
the City Engineer, and the deed has been reviewed as to form and
sufficiency by the City Attorney's Office. It is now ready for
City Commission acceptance.
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Th. .n.trument wa. prepared by .
and return to I
David N. Tolce., ..q.
200 N.W. l.t Avenue
Delray Beach, Florida 33444
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WARRANTY DEED
THIS INDENTURE, made this 30th day of December , 1993,
between GROVES OF DELRA Y , L.¡;c:-;- a partnership under laws of the
State of Florida, grantor·, whose post office address is 625
Auburn Circle West, Delray Beach, Florida 33444, of the County of
Palm Beach, State of Florida and the CITY OF DELRAY BEACH, a
Florida municipal corporation of the County of Palm Beach, State
of Florida whose post office address is 200 N.W. 1st Avenue,
Delray Beach, Florida 33444, grantee*.
WITNESSETH that said grantor, for and in consideration of the sum
of One Dollar ($1.00) and other good and valuable considerations
to said grantor in hand paid by said grantee, the receipt whereof
is hereby acknowledged, has granted, bargained and sold to the
said grantee, and grantee's heirs and assigns forever, the
following described land, situate, lying and being in Palm Beach
County, Florida, to-wit:
See attached Exhibits "A", "B", and "C"
SUBJECT TO: Easements, reservations, and restrictions
of record, taxes for 1993 and subsequent years, all
zoning ordinances and regulations imposed by govern-
mental authorities, and any matters which would be
revealed by an accurate survey
and said grantor does hereby fully warrant the title to said land,
and will defend the same against the lawful claims of all persons
whomsoever,
-"Grantor &Del "9r.ant.M" ue ",.eeI for ei.D4U1Ar or plural, .. CODt8rt. requ.SZ_.
IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and
seal the day and year first above written.
WITNESS: GROVES OF DELRAY, LTD.
c- 7~ ~~ BY:~ __L-
., ,
Todd Borck Ihanas Rirmers
(Print or Type Name) (Print or Type Name)
STATE or FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
30th day of December by 1baIIas Hinners. Partner
(name of acknowledging partner or agent), partner (or agent) on
behalf of Groves of Delray, Ltd. , a partnership. Hel'9JAi is
personally known to me or has pr c NIA
as identification.
ur of otary
S ate of Florida
Renee Fowler
Print, Type or Stamp Name of
Notary Public
(STA."V:'ORY I'OM - SEC'TICII 619.02. ,. S. )
¡;')TtRY PU~lIC STAn: Œ n~!;JA
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EXHIBIT "B"
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DBSCRIPTION: (Parcel 8, R-O-W Acquisition Hap)
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. TBB WBST 30.00 FEET OF TRACT "A", AND TBB WEST 30.00 FBft OF TRACT
"B", "LINTON FOREST PLAT 1", ACCORDING TO THB PLAT THBREOF AS
RBCORDED IN PLAT BOOK 44 AT PAGES 177 AND 178 OF THB PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DBSCRIBED AS
FOLLOWS:
BBGIN AT THE SOUTHWEST CORNER OF TRACT "B", "LINTON FOREST PLAT 1",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK U AT PAGES
177 AND 178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND RUN ON AN ASSUMED BEARING OF NOoo23'12"E ALONG THE WEST LINE OF
SAID TRACT "E" AND THE WEST LINE OF SAID TRACT "A" FOR A DISTANCE
OF 407.34 FEET; THENCE N7 6 0" 8 ' 2 1 "E ALONG THE NORTH LINE OF SAID
TRACT "A" FOR 27.62 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE
CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 225.00 PEET AND A
CENTRAL ANGLE OF 00°50'18" FOR AN ARC DISTANCE OF 3.29 FEET TO A
POINT OF NON-TANGENCY; THENCE SOo023'12"W ALONG A LINE PARALLEL
WITH AND 30.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE SAID
WEST LINE OF TRACT "A" AND THE WEST LINE OF TRACT "E" FOR A
DISTANCE OF 413.67 FEET; THENCE S88°14'Sl"W ALONG THE SOUTH LINE OF
SAID TRACT "E" FOR 30.02 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OP DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA. II
CONTAINING 0.2827 ACRE, OR 12,316 SQUARE FEBT MOR! OR LESS.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM :It 8"1> - MEETING OF FEBRUARY 22, 1994
RECEIPT OF INFRASTRUCTURE REPORT/PUBLIC HEARING JANUARY 24.
.litl
DATE: February 18, 1994
This item is before the Commission to receive and approve a report on
the public comments received at the Infrastructure Public Hearing
held on January 24, 1994.
The Comprehensive Plan mandates that public testimony be solicited
annually during the winter months to identify improvement needs
throughout the City. At the conclusion of the public hearing, the
Board members identify particular situations which they feel should
be specifically considered in Plan Amendment 94-1 or in preparation
of the FY 94/95 Public Improvements Work Program (Department Capital
Budgets) .
During the January 24, 1994 hearing, testimony was received, either
verbally or in writing, from nine persons. Most of these individuals
represented homeowner or neighborhood associations. Concerns raised
regarding infrastructure needs included traffic, beautification,
lighting and streets.
The information gleaned from this hearing is part of the Planning and
Zoning Board's annual review process. The testimony in the attached
report has been sent to responsible departments for investigation and
response. A second report detailing the resolutions/responses to the
testimony will be before the Board in March and before the Commission
with an anticipated public hearing date of March 21, 1994.
Recommend receipt and approval of the staff report on the Infrastruc-
ture Public Hearing.
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CITY COMMISSION DOCUMENTATION
TO: David T. Harden, City Manager
CJ~~ ~~
FROM: David J. Kovacs, Director of Planning and Zoning
SUBJECT: MEETING OF FEBRUARY 22, 1994
RECEIPT OF THE INFRASTRUCTURE HEARING REPORT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of receiving
the staff report on the Infrastructure Public Hearing.
BACKGROUND:
The Infrastructure Public Hearing was held before the Planning
and Zoning Board January 24, 1994. This hearing, mandated by
the Comprehensive Plan, is held annually to receive public input
regarding capital improvement needs throughout the City.
During the hearing, testimony was received, either verbally or
in writing, from nine persons. Most of these individuals
represented homeowner or neighborhood associations. Concerns
raised regarding infrastructure needs included traffic,
beautification, lighting and streets.
Staff has collected the testimony into the attached report,
which has been sent to responsible departments for investigation
and response. The Planning and Zoning Board received the report
on February 14, 1994. A second report detailing the
resolutions/responses to the testimony will be before the Board
in March, and before Commission immediately thereafter.
RECOMMENDED ACTION:
There is no action required of the Commission except to receive
and review the report.
Attachments:
* P&Z staff report of February 14, 1994
T:\advanced\CCINFRA.DOC
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID J. KOVACS, PLANNING DIRECTOR ~
~þ'¿¿.--
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FROM: JOHN WALJŒR, PROJECT COORDINATOR "
DATE: JANUARY 28, 1994
SUBJECT: INFRASTRUCTURE PUBLIC HEARING
This is a report on the public comments received at the annual
infrastructure public hearing held on January 24, 1994.
Included is a description of the comment, immediate response
given, if any, and the proposed follow up.
Person: June Carr, Silver Terrace Subdivision.
Concern: Provide water, sewer, paving and drainage
improvements throughout the subdivision.
Response: By Kovacs: written program to go to P&Z at
February worksession, formal action in March. It
is necessary to consider a change to the current
CIP in Amendment 94-1.
Follow-up: Meeting with Silver Terrace owners prior to the
worksession or invite them to the worksession.
Person: Deborah Dowd, Seacrest Homeowner's Association.
Concerns: (a) Removal of N.E. 14th Street circle.
(b) Beauti f ication along N . E . 3rd Avenue, from
14th Street to 22nd Street
Response: None at meeting.
FOllow-up: (a) Staff to obtain update re 14th Street circle
and communicate.
(b) Refer beautification request to Community
Improvement for comment.
Person: Charlotte Lees, Lake Ida Property Owners
Association.
Concern: Resurfacing of N.W. 6th Street and N.W. 8th
Street (Swinton Avenue to N.W. 1st Avenue) and
N.W. 8th Ave (N.W. 8th - N.W. 9th).
Response: None at meeting.
Follow-up: Staff to obtain status of streets re resurfacing
program and communicate.
Person: Kathleen Carraro, 809 S.E. 7th Avenue, Rio Delray
Shores.
Concerns: (a) House break-ins due to access through
parking lot on S.E. 7th Avenue (801 Building).
Access should be closed by installing areca
palms .
(b) Landscape maintenance for commercial
buildings along west side of S.E. 7th Avenue
(Snappy Car Rental).
To: David J. Kovacs
Re: Infrastructure Public Hearing
Page 2
Response: None at meeting.
Follow-up: (a) Refer to Police to review security issue;
refer to Community Improvement to inspect site
plan compliance.
(b) Refer to Community Improvement to inspect
landscape compliance.
Person: Gretchen Bacon, Oakmont Homeowner's Association.
Concerns: (a) Traffic congestion at the Blood's Grove
entry at Germantown/Linton.
(b) Reduction of street radi i at Oakmont entry
and Homewood Boulevard with the widening of
Germantown Road.
(c) Need for additional left turn capacity at
Linton/Military.
Responses: (a) In the summer of 1994, realignment of
Germantown/Linton intersection in conjunction
with the development of school and park on
Blood's Grove site will result in right angle
intersections and improved traffic movements. A
sidewalk will also be installed on the south side
of Germantown from Linton to the bridge at
Andover.
(b) None at meeting.
(c) Palm Beach County project to install dual
left turn lanes at all approaches to Linton/
Military. Will begin construction in June, 1994.
A new traffic signal will also be installed at
the Walmart entry.
FOllow-up: (b) Refer to Public Works for review of street
radii.
Person: Walter Budjinski, 135 Tangerine Trail.
Concerns: (a) Need for water, sewer and street paving.
(b) Street name sign has incorrect name
(Tangerine Drive).
Response: (a) Contract for water, sewer and street paving
to be awarded 1/25/94 (Lake Heights project).
(b) None at meeting.
FOllow-up: (b) Refer to Public Works to replace street name
sign.
Person: Irene Oles, 1105 N.W. 5th Avenue.
Concern: Needs additional street lights on N.W. 5th and
6th Avenue.
Response: Staff has inspected N.W. 5th Avenue. and found
additional lights not warranted; will check
again.
Follow-up: Refer to Public Works to check for street light
needs; review file (1990/91) for background
material. This issue may have been addressed
before with neighbors electing not to have
additional street lights.
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To: David J. Kovacs
Re: Infrastructure Public Hearing
Page J
Person: Eugene Carraro, 809 S.E. 7th Avenue, Rio Delray
Shores.
Concern: Traffic signal needed at S.W. 10th Street/S.E.
6th Avenue.
Response: None at meeting.
Follow-up: Referred to DSMG - traffic signal not warranted.
Person: Del-Ida Park Homeowner's Association (letter
submi t ted) .
Concerns: See attached letter (13 items).
Response: None at meeting.
Follow-up: Refer letter to appropriate departments for
investigation; staff to send coordinated
response.
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Planning & zoning Board, city of Delray Beach, Florida
Re: Infrastructure Review - January 24, 1994
Request to have presentation read into the record in absence by
The Del Ida Park Neighborhood Association
Thank you for taking the time to read the following summary of the
survey taken by our association. It is in reference to items that our
residence deem important areas in need of improvement.
In addition to the items mentioned in the survey, there have been
several requests made verbally which merit your attention.
1. A remedy to the standing water on our streets even after a small
storm. It may require storm sewers, but in some cases it aight be
solved just by correcting the swales. They have become mounds in many
instances, just from the natural build up of soil over the years.
2. Many of the electric and phone lines and polls in our neighborhood
are past the point of being safe. The insulation is cracked and brittle
on many of the wires. In one case this has caused surges, which only
by luck did not catch the entire house on fire. The polls too are
beyond their prime and in many cases are either left to fall, or if
replaced with newer serviceable polls, the old ones are not removed.
This is both unsafe and unsightly. UNDERGROUND WOULD BE WONDERFUL.
Although, this can only be expressed to the utilities as a problem by
the board, your help in improving this situation would be appreciated.
It would improve the safety of our homes during the hurricane season as
well as the rest of the year.
3. The cul de sac at Dixie Blvd. is still being used as a drive through
on occasion. Could the city plant foliage closer to the sidewalk at
the point of the "shortcut" to make it impossible for a car to fit?
These three items and the survey represent our concerns at this time.
Again, thank you for all of your efforts to date and this time to
express our opinions.
Toni Del Fiandra, President of Del Ida Park Neighborhood Association.
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Del-Ida Park Neighborhood Association
P.O. Box 1691, Delray Beach, FL 33447-1691
Concerns of the Residents of the Del-Ida Historic District Regarding
Improvements to the Area
JéIluary 22, 1994
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Back¡round
In late 1993, the Del-Ida Park Neighbodlood Associatiœ distnòuted a Neigbbodlood
Questionnaire to all of the residents of the Del-Ida Park Historic District in order to æcertain .
what their concem.s were for the improvement of the area. Area residents expressed their
appreciation of the many improvements already completed æd C\DTently 1Dlderway in the area
and surr01Dlding neighborhoods by both the city æd private individuals. Mæy of the
suggestions and requests were in the areas ofboth infrastructure æd services.
We have summarized here the responses to the questionnaire which were most often repeated
as well as those we felt had the most merit. It is 1Dlderstood that all of these improvements cæ
not take place overnight, and many are beyond the direct scope of the City aloo.e. The hope of
area residents is that the momentum already 1Dlderway from the mæy improvements which
have already been dœe will encourage more upgrades æd enhæœ the quality of life for the
neighbothood and the surr01Dlding areas æd city as a whole.
Results
The tremendous response to the Neighborhood Questiomaire showed that mæy residents are
enthusiastic about city improvements æd anxious to get involved with neighborhood activities.
The questionnaire has been helpful in pinpointing concerns æd issues which we can address æ
a group. All along, our goal was to present the results to City Officials 00. behalf of the
neighborhood. The results show that residents wæt to see beautificatioo. projects in the district,
including landscaping ofboth. public æd private areas; completioo. of area sidewalks; æd
improved lighting, among other improvements:
. Sidewalk repair and completion œ area streets: NE 2nd A venue between NE 4th Street
æd NE 8th Street. Many sidewalks along NE 2nd A venue end several feet short of street
intersections. Sidewalks at the"mini parks" at Dixie Blvd æd 2nd Ave, and 5th Court æd
2nd Ave do not come in contact with the street at all. Sidewalks on other area streets,
including North Swinton Ave, need improvements as well. Many streets have no sidewalks
at all. which discourages walking and encourages parking on swales and lawns (see below).
. Beautification of area public spaces, including the "mini-parks, " swales and vacant tots.
Improvement of area swales will discourage parking on them and improve the appearance
of the area. This would include both grass and trees along the streets. The trash holes which
are created by the giant scoops need to be filled and prevented Rental W1.it owners need to
take measures to prevent tenants from parking an swales. Homeowners need to be
discouraged from parking on swales. Owners of vacant lots need to maintain their tots in a
manner which discourages there use as parking lots. Especially the tot at NE 2nd Ave and
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Del-Ida Park Neighborhood Association
P.O. Box 1691, Defray Beach, FL 33447-1691
NE 5th Court whidl is a popular lot for Post Office employees. If there aren't already, there
should be code laws whidl regulate the parking of vehicles œ swales in residential areæ.
· The Dead End sign œ Dixie Boulevard needs to be moved to a more prominent locatiœ.
Cars continue to attempt to reach Swintoo aloog this street, over four years after it was
turned into a cul-d~sac, when they discover that it is no looger a through street, they tœn
around and return to NE 2nd Ave at high rates of speed to make up for the lost time.
· A "Dixie Boulevard" street sign 00 the SW comer of Dixie Blvd and NE 2nd Ave would
make the street easier to find
· NE 3rd A venue has many vacant lots and lawns whidl need to be maintained at or above
code level There is constantly træh 00 the street as well
· NE 7th Street betwem Swinton æd NE 2nd Ave needs to be re-paved. Numerous bad
patching jobs and wear and tear have made the street œe of the worst in the area.
· Improved lighting is needed in many areas of the district. one needs ooly to waJk the area at
night to determine where these areas are.
· Speed Limit enforcement 00 area streets. This can be accomplished both through police
enforcement and street and swale improvements as evidenced by the improvements to
Atlantic A venue.
· Enforcement of the "Boom-Box" noise law enacted several years ago. There is a constant
procession of deafening car stereos making the rounds of city streets.
· R~instatement of the "No Train Horn" after IOpm policy by the FEC railway. Sound
barriers along the railway similar to those aloog 1-95 would be beneficial to an in the area.
Conclusion
Area residents are extremely pleased with the directioo that public and private improvements
are taking the neighboIhood The remaining areas of greatest concern., which we feel could
significantly improve the area - such as sidewaJk completiœ æd swaJe beautificatiœ æd
maintenance - are also those which would require minimal investment ftom the city.
Enforcement of city codes regarding landscaping, maintenance æd adherence to historic
preservatiœ rules, and laws regarding speeding and noise would not cost the city æy
significant additional revenues æd would also greatly improve the area.
We would like to take this opportunity to thank city officials and employees for their work in
making Delray Beach a great place to live and work and we look forward to working with you
in the future to continue this path towards excellence in the years ahead.
Respectfully submitted on behalf of the entire Del-Ida Neighborhood Associatioo..,
Toni Del Fiandra, President - 272-3766
Skye Klatt, Vice President - 243-3532
Carol Morris, Treasurer - 276-8338
Peter Wiggin, Secretary - 243-3532
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'11'1
SUBJECT: AGENDA ITEM # <i?£ - MEETING OF FEBRUARY 22. 1994
REPLAT/RIESKE SUBDIVISION
DATE: FEBRUARY 18, 1994
This item is before the Commission to approve replat for the Rieske
Subdivision located on S.E. 7th Avenue, north of S.E. 4th Street.
This replat is processed pursuant to LDR Section 2.4.5(L), Modifica-
tions to Recorded Plats.
In November, 1990, the City Commission approved the final plat for
the Rieske Subdivision. The plat created three separate parcels from
one unplatted property containing one existing single family
residence. In 1993 the City was notified that there were numerous
surveyor's errors within the original Rieske plat, involving the
location of lot lines.
The City Engineer and Planning Department staff ensure that the plat
is now in correct form and that the minimum standards of R-1AA zoning
are being met.
Recommend approval of the replat of the Rieske Subdivision.
·
D!<
e1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ÜI~ 1lf)'
~,
FROM: S~ E~ T YLOR
PLANNER
SUBJECT: MEETING OF FEBRUARY 22, 1994
REPLAT OF RIESKE SUBDIVISION **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the replat for the Rieske Subdivision. The
project is located on SE 7th Avenue, just north of SE 4th
Street.
This replat is being processed pursuant to LDR Section
2.4.5(L), Modifications to Recorded Plats.
B A C K G R 0 U N D:
In November, 1990, the City Commission approved the final plat
for the Rieske Subdivision. The plat created 3 separate parcels
from 1 unplatted property which contained 1 existing single
family residence.
In the summer of 1993, the City was notified that there existed
numerous surveyor's errors within the original Rieske plat. The
errors in question involve the location of lot lines, and per
code requires a replat. The applicant has worked in conjunction
with the City Engineer and Planning staff to ensure that the
plat is in correct form and that the minimum standards of the
R-1AA zoning district are being met.
The Rieske replat is now ready for City Commission action.
PLANNING AND ZONING BOARD CONSIDERATION:
No Planning and zoning Board consideration of this item is
required, as only the relocation of property lines is being
proposed.
·
City Commission Documentation
Rieske Replat
Page 2
R E COM MEN D E D ACT ION:
By motion, approve the replat for the Rieske Subdivision.
Attachment:
* Reduced Plat
T:R.IESKECC.DOC
.
- "', PLAT BOOf< 13, PAGE ;;;d I
' ' yo \ ! P.R.M. P AUA BEACH COUNTY
~ (tw·) ~
S 8911'41" E
169.56' -.::::;- ~
LINE OF SOUTH HALF OF BOCK 128
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PALM BEACH COUNTY all the
I and on
. -L _ SOUTH UN~LOCK 128 / /J /
143.02' ~ ~
HARLE'!
- _ REGISTf
SOUTH LINE SECTION 16-46-43 STATE
DESCRIPllON: CITY
P Af{CEl A: The north 87.5 feet of the sou th half of Block 128, This REPl
·d ,-' tL · ') n" + " '" 1""('
f)ci~r'" pp;-~h. FIori o. eyr,pnTlnn ,\r> '.Upc:, '
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trI/
SUBJECT: AGENDA ITEM :tt f"F - MEETING OF FEBRUARY 22. 1994
FINAL PLAT/CLEARBROOK PARK
DATE: FEBRUARY 18, 1994
This item is before the Commission to approve the final plat for
Clearbrook Park, located on the west side of Homewood Boulevard south
of Atlantic Avenue, between Lago Del Rey and Wood lake subdivisions.
This final plat is processed pursuant to LDR Section 2.4.5(J), Major
Subdivisions.
On August 24, 1993, the City Commission, through Ordinance 50-93,
approved the rezoning of the subject site from RM (Residential Medium
Density) to PRD (Planned Residential District) . This rezoning was
initiated to accommodate the Clearbrook Park development which is to
be an extension of the existing Clearbrook subdivision.
On December 20, 1993, the Planning and Zoning Board approved a minor
master site plan modification to combine the parcel with the
Clearbrook subdivision. The Board also recommended approval of the
final plat for Clearbrook Park, a 14 single family lot subdivision,
with conditions. All items were addressed except for a financial
guarantee.
Recommend approval of the final plat for Clearbook Park subject to
the condition that prior to releasing the plat for recording, a
financial guarantee for all public improvements be submitted.
.
,*
L
t'" /1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: C¡¡T. HARDEN, ~IT~ MANAGER
THRU:
~. . j/
FROM: . STEVEN E. TA~
PLANNER
SUBJECT: MEETING OF FEBRUARY 22, 1994
CLEAR BROOK PARK FINAL PLAT **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for Clearbrook Park. . The
project is located on the west side of Homewood Boulevard
south of Atlantic Avenue, between Lago Del Rey and Woodlake
subdivisions.
This final plat is being processed pursuant to LDR Section
2.4.5(J), Major Subdivisions.
B A C K G R 0 U N D:
The subject property was originally approved in 1980 for a 24
unit multiple family building in conjunction with the Lago Del
Rey development. The site was never developed and remains
vacant.
On August 24, 1993 the City Commission, through Ordinance 50-93,
approved the rezoning of the subject site from RM (Residential
Medium Density) to PRD (Planned Residential District) . This
rezoning was initiated to accommodate the Clearbrook Park
development, which is to be an extension of the existing
Clearbrook subdivision.
On December 20, 1993 the Planning and Zoning Board approved a
minor master site plan modification to combine the parcel with
the Clearbrook subdivision. Concurrently, the Board also
recommended approval of the final plat for Clearbrook Park, a 14
single family lot subdivision.
The plat for Clearbrook Park has been reviewed by all
appropriate staff. All technical comments have been addressed.
The plat is now ready for City Commission action.
·
City Commission Documentation
Clearbrook Park - Final Plat
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of December 20, 1993. The Board approved Clearbrook
Park's final plat subject to the following conditions:
1. That all outstanding technical items be addressed
prior to City Commission approval of the final plat,
including:
a. Submission of corrected final engineering plans
and a corrected final plat,
b. Provision of a 2' Limited Access Easement along
the southern border of the property,
c. Correction of the Water Management Tract on the
plat, and
d. Submission of cross drainage and maintenance
agreement between Clearbrook and Lago Del Rey.
2. Provision of a financial guarantee for all public
improvements.
All items have been addressed except the provision for a
financial guarantee. This item will be required prior to
releasing the plat for recordation.
R E COM MEN D E D ACT ION:
By motion, approve the final plat for Clearbrook Park subject to
the following condition:
* That prior to releasing the plat for recordation, a
financial guarantee for all public improvements be
submitted.
Attachment:
* Location Map & Reduced Plat
T:CLRBRKCC.DOC
·
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # r - MEETING OF FEBRUARY 22. 1994
RESOLUTION NO. 16-94/ABANDONMENT OF PUBLIC EASEMENTS AT
CLEARBROOK PARK:
DATE: FEBRUARY 18, 1994
This is a resolution to abandon two easements¡ two specific water and
sewer easements (10 ' water easement and 12' sewer easement), and one
general 12' utility easement, within Clearbrook Park. The project is
located on the west side of Homewood Boulevard south of Atlantic
Avenue, between Lago Del Rey and Woodlake Subdivisions.
Clearbrook Park is to be developed on property that was previously
planned for the Lago Del Rey development. The building planned for
this property was never constructed; however, the property contains
three existing public easements that need to be removed in order to
accommodate the Clearbrook Park development. With the development
plan for Clearbrook Park the existing easements are shown as
abandoned and new easements are indicated to replace them. The new
easements will be dedicated with the Clearbrook Park plat.
All appropriate utility providers have reviewed the abandonment
petition and no objections were received.
Recommend approval of Resolution No. 16-94.
.
. .
.
RESOLUTION NO. 16-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING
A TWELVE (12) FOOT WIDE UTILITY EASEMENT, A
TWELVE (12) WIDE SANITARY SEWER UTILITY EASEMENT
AND A TEN (10) FOOT WIDE WATER UTILITY EASEMENT
LOCATED WITHIN A PORTION OF THE PLAT OF LAGO DEL
REY, PLAT II A, RECORDED IN PLAT BOOK 39, PAGE
170; A PORTION OF TRACTS A AND B, LAGO DEL REY,
RECORDED IN PLAT BOOK 30, PAGE 69, AND A PORTION
OF THE PLAT OF LAGO DEL REY, PLAT II A, RECORDED
IN PLAT BOOK 39, PAGE 170; AND A PORTION OF
PARCEL P, HIDDEN LAKE AS RECORDED IN PLAT BOOK
63, PAGE 180 AND 181, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, Guardian Construction Corporation, is the
fee-simple owner of a portion of the plat of Lago Del Rey, Plat
II A, recorded in Plat Book 39, Page 170; a portion of Tracts A
and B, Lago Del Rey, recorded in Plat Book 30, Page 69, and a
portion of the plat of Lago Del Rey, Plat II A, recorded in Plat
Book 39, Page 170; and a portion of Parcel P, Hidden Lake as
recorded in Plat Book 63, Page 180 and 181, of the Public
Records of Palm Beach County, Florida, and,
WHEREAS, Lloyd Hasner, Agent, has made application for the
abandonment of a twelve (12) foot wide utility easement, a
twelve (12) foot wide sanitary sewer utility easement and a ten
(10) foot wide water utility easement located within the Plat of
Lago Del Rey and Hidden Lake, and,
WHEREAS, the City conunission of the City of Delray Beach,
Florida finds that its interest in the described property is no
longer needed for the public good and deems it to be in the best
interests of the City of Delray Beach to vacate and abandon said
utility easements,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter
166 of the Florida Statutes, it is hereby determined to vacate
and abandon all right and interest it holds to the following
real property:
12 FOOT WIDE UTILITY EASEMENT
A parcel of land 12.00 feet in width lying in
Parcel P, Hidden Lake as recorded in Plat Book
63, Page 180 and 181, of the Public Records of
Palm Beach County, Florida lying in Section 18,
Township 46 South, range 43 East, Palm Beach
County, Florida, which is a portion of the
utility easement graphically shown thereon, lying
6.00 feet each side of the following described
centerline.
That particular twelve foot (12) foot utility
easement which lies in the northwest corner of
Parcel P of the Plat of Hidden Lake as recorded
in Plat Book 63, Pages 180 and 181 of the Public
Records of Palm Beach County, Florida. The north
line of said easement being the north line of
Parcel P and the west line of said easement being
the west line of the Plat of Hidden Lake.
.
·
-
12 FOOT WIDE SANITARY SEWER UTILITY EASEMENT
A parcel of land 12.00 feet in width lying in the
Plat of Lago Del Rey, Plat II A, of Section 19,
Township 46 South, range 43 East, as recorded in
Plat Book 39, Page 170 of the Public Records of
Palm Beach County, Florida, which is a portion of
the utility easement graphically shown thereon,
lying 6.00 feet each side of the following
described centerline.
Beginning at the northwest corner of t~ Plat of
Lago Del Rey, Plat II A, run north 90 00' 00"
east, along the north line of the Plat of Lago
Del Rey, Plat Ib A, a distance of 308.51 feet;
thence south 00 00' 00" west, a distance of
24.00 fe~t to the Point of Beginning; thence run
south 90 00' 00 west, along said centerline,
said line being parallel to the north line of the
Plat of Lago Del Rey, Plat II A, a distance of
300.50 feet; thence south 00° 06' 54" east, along
said centerline, said line being parallel to the
west line of the Plat of Lago Del Rey, Plat II A,
a distance of 573.55 feet to the Point of
Terminus.
10 FOOT WIDE WATER UTILITY EASEMENT
A parcel of land 10.00 feet in width lying in a
Plat of Lago Del Rey, Plat II A, of Section 19,
Township 46 South, Range 43 East, as recorded in
the Public Records of Palm Beach County, Florida,
which is a portion of the utility easement
graphically shown thereon, lying 5.00 feet each
side of the following described centerline.
Beginning at the northwest corner of th~Plat of
Lago Del Rey, Plat II A, run north 90 00' 00
east, along the north line of the Plat of Lago
Del Rey, Plat Ib A, a distance of 308.51 feet;
thence south 00 00' 00" west, a distance of
41.00 fe~t to the Point of Beginning; thence run
south 90 00' 00" west, along said centerline,
said line being parallel to the north line of the
Plat of Lago Del Rey, Plat II A, a distance of
285.47 feet; thence south 00° 06' 54" east, along
said centerline, said line being parallel to the
west line of the Plat of Lago Del Rey, Plat II A,
a distance of 556.55 feet to the Point of
Terminus.
PASSED AND ADOPTED in regular session on this the 22nd day
of February, 1994.
MAYOR
ATTEST:
CITY CLERK
- 2 - RES. NO. 16-94
~ , o/(
. w1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~.:J¡ \1'vU/l)
THRU: o INGUEZ,
PRINCIPAL ~ANNE~
k4
. I
. 1- /"
~<. ,
FROM: STEVEN E. T~ OR
PLANNER
SUBJECT: MEETING OF FEBRUARY 22, 1994
ABANDONMENT OF PUBLIC EASEMENTS **CONSENT AGENDA**
. . ..
ACTION REQUESTED OF THE COMMISSION:
., -_.-
The action requested of the City Commission is that of
approval of the abandonment of 2 specific easements (water
and sewer) and 1 general easement (utility easement) within
Clearbrook Park. The project is located on the west side of
Homewood Boulevard south of Atlantic Avenue, between Lago
Del Rey and Woodlake Subdivisions.
This abandonment is being processed pursuant to LDR Section
2.4.6(P), Abandonment of Public Easements.
B A C K G R 0 U N D:
On December 20, 1993 a minor master plan modification to the
previously approved master plan for Clearbrook was approved by
the Planning and Zoning Board. This modification involved the
addition of 14 single family lots to be known as Clearbrook
Park. Concurrent with the master plan modification a final plat
for Clearbrook Park was also recommended for approval.
Clearbrook Park is to be developed on property that was
previously planned for the Lago Del Rey development. The
building planned for this property was never constructed,
however. the property contains 3 existing public easements that
need to be removed in order to accommodate the Clearbrook Park
development. With the development plan for Clearbrook Park the
existing easements are shown as abandoned and new easements are
indicated to replace them. The new easements will be dedicated
with the Clearbrook Park plat.
All appropriate utility providers have reviewed the abandonment
petition and no objections were received. The abandonments are
ready for City Commission action.
.
· -
city Commission Documentation
Easement Abandonments - Clearbrook Park'
page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board is not required to review the
abandonment of public easements.
R E COM MEN D E D ACT ION:
By motion, approve the abandonment of the 10' water easement,
12' sewer easement, and 12' utility easement through the
enactment of Resolution 16 -94.
Attachment:
* Location Map & Reduced Survey
TICLRBIC:EA.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tñj
SUBJECT: AGENDA ITEM i ~ 11 - MEETING OF FEBRUARY 22. 1994
REPLAT/LL PARK OF COMMERCE
DATE: FEBRUARY 18, 1994
This item is before the Commission to approve the replat of Parcels B
and C of the LL Park of Commerce located at the southeast corner of
north Congress Avenue and the Lake Worth Drainage District's E-4
canal. This replat is being processed pursuant to LDR Section
2.4.5(K), Minor Subdivisions.
On September 22, 1993, the Site Plan Review and Appearance Board
approved a minor site plan modification for Arctic Ice located at the
LL Park of Commerce. The modification involved the addition of a new
structure at Arctic Ice. As the addition crossed an existing
property line and encroached onto Parcel B of LL Park of Commerce, a
replat was required.
In October, 1993, the applicant submitted a minor subdivision plan to
alter the property lines between Parcels Band C. The Site Plan
Review and Appearance Board reviewed and approved the modification.
Recommend approval of the replat of Parcels Band C of the LL Park of
Commerce.
.
.
'1\
. ¿ .
6'
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~ ~
. --
W~ UJ
THRU: DI E ~N ,
~ ¿~ . /
FROM: STEVEN E. TA LOR
PLANNER
SUBJECT: MEETING OF FEBRUARY 22, 1994
FINAL PLAT LL PARK OF COMMERCE REPLAT
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the replat of Parcels Band C of the LL Park of
Commerce. The project is located at the southeast corner
of N. Congress Avenue and the Lake Worth Drainage
District's E-4 Canal.
This replat is being process pursuant to LDR Section
2.4.5(K), Minor Subdivisions.
B A C K G R 0 U N D:
On September 22, 1993 the Site Plan Review and Appearance Board
approved a minor site plan modification for Arctic Ice located at
the LL Park of Commerce. The modification involved the addition
of a new structure at Arctic Ice. As the addition crossed an
existing property line and encroached onto Parcel B of LL Park
of Commerce, a replat was required.
In October, 1993, the applicant submitted a minor subdivision to
alter the property lines between Parcels B and C. No other
changes (easements, etc.) were noted.
All technical items have been addressed. The LL Park of
Commerce Replat is now ready for City Commission action.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board is not required to review minor
subdivisions. All issues and findings that would have been
reviewed by the Planning and Zoning Board were made with the
approval of the site plan modification by SPRAB.
.
·
City Commission Documentation
LL Park of Commerce Replat
Page 2
R E COM MEN D E D ACT ION:
By motion, approve the LL Park of Commerce Replat.
Attachment:
* Location Map & Reduced Plat
T:LLPARKCC.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1Þ\
SUBJECT: AGENDA ITEM # g JC - MEETING OF FEBRUARY 22. 1994
REPLAT/LOT 170 HIGHLAND TRAILER PARK
DATE: FEBRUARY 18, 1994
This item is before the Commission to approve the replat of Lot 170,
Highland Trailer Park located at the northwest corner of Barwick Road
and Pine Grove Road.
In May, 1993, Highland Trailer Park petitioned the City to subdivide
Lot 170 (a storage tract) into four separate parcels. The Planning
and Zoning Board formally reviewed this item at its meeting of
January 24, 1994, and recommended approval of the replat subject to
the following conditions:
a. That prior to issuance of any building permit, a landscape plan
for the screening of the remaining storage lot, Lot 170, must be
approved by the City Horticulturist and that the landscaping be
installed prior to issuance of the first Certificate of
Occupancy on Lots 171, 172, or 173.
b. That the driveway location for Lot 173 be reviewed by the
Engineering Department prior to permitting and be located toward
the western property line of Lot 173.
.
c. That the City Horticulturist approve all driveway locations,
with the goal of preserving as many of the existing trees along
Pine Grove Road as possible.
Recommend approval of the final plat for the replat of Lot 170
Highland Trailer Park, subject to the above conditions.
·
'<-p
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c~l
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~N~~~ lL
.~¿~
FROM: STEVEN E. LOR
PLANNER
SUBJECT: MEETING OF FEBRUA Y 22, 1994
REPLAT OF LOT 170, HIGHLAND TRAILER PARK
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for the replat of Lot 170,
Highland Trailer Park. The project is located at the
northwest corner of Barwick Road and Pine Grove Road.
B A C K G R 0 U N D:
The Highland Trailer Park subdivision was approved by the Board
of County Commissioners in March, 1956. The park was originally
approved for 160 fee simple lots fnd 2 common areas. Since that
time the park has existed virtu~ly unchanged.
Between 1984-1987 the City obtained water service agreements
which included the standard annexation clause, for all
properties within the Highland Trailer Park. In June, 1992, the
City exercised its right to annex the property.
In May, 1993, Highland Trailer Park petitioned the City to
subdivide Lot 170 (a storage tract) into four (4 ) separate
parcels. On January 24, 1994 the Planning and Zoning Board
transmitted a recommendation of approval to the City Commission
for the replat of Lot 170.
The Highland Trailer Park replat is now ready for City
Commission action.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of January 24, 1994. The Board recommended approval of
the replat of Lot 170, subject to the following conditions:
·
City Commission Documentation
Replat of Lot 170, Highland Trailer Park
Page 2
a. That prior to issuance of any building permit, a
landscape plan for the screening of the remaining
storage lot, Lot 170, must be approved by the City
Horticulturist; and, that the landscaping be installed
prior to issuance to the first Certificate of
Occupancy on Lots 171, 172, or 173; and
b. That the driveway location for Lot 173 be reviewed by
the Engineering Department prior to permitting and be
located toward the western property line of Lot 173.
In addition to the above, the following condition should be made:
c. That the City Horticulturist approve all driveway
locations, with the goal of preserving as many of the
existing trees along Pine Grove Road as possible.
R E COM MEN D E D ACT ION:
By motion, approve the final plat for the replat of Lot 170
Highland Trailer Park, subject to the above conditions.
Attachment:
* Location Map & Reduced Plat
T:HILANDCC.DOC
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·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM # ~J" - MEETING OF FEBRUARY 22. 1994
WAIVER OF LAND DEVELOPMENT REGULATIONS/MARINA DELRAY BOAT
!2QQK
DATE: FEBRUARY 18, 1994
This item is before the Commission to approve a waiver to LDR Section
7.9.5(A) governing dock projection from the seawall and Section
7.9.11(A) governing projection of boat lifts for Marina Delray, 931
Palm Trail. Pursuant to LDR Section 2.4.7(B)(1)(b) the City
Commission may grant a waiver to any provision of the regulations
when no other avenue for relief exists.
Section 7.9.5(A) provides that docks may neither extend five feet
into a waterway nor more than eight feet beyond the property line.
Section 7.9.11(A) provides that a boat lift in the raised position
shall not extend more than 10 feet over the waterway from the
property line or seawall or bulkhead, whichever is nearer to the
waterway.
Marina Delray is requesting a waiver in order to comply with Palm
Beach County Department of Environmental Resources Management (DERM)
and Corps of Engineers requirement not to disturb the mangroves, and
to allow the dock and three boat lifts to extend beyond 10'0" within
the waterway. This is a unique piece of property which cannot be
accommodated by the code. It meets the following criteria set forth
in Section 2.4.7(B)(5):
(a) It will not adversely affect the neighboring area since it
preserves the mangrove and does not constrict the waterway.
(b) It will not significantly diminish the provision of public
facilities as there are no public facilities available for this
area.
(c) It will not create an unsafe situation since it will not
diminish the clearance of the waterway or impair navigation.
(d) It does not result in the grant of a special privilege in that
the same waiver would be granted under similar circumstances on
other property for another applicant or owner.
Recommend approval of a waiver to LDR Sections 7.9.5(A) and 7.9.11(A)
in that the configuration of this lot leaves no other alternative.
The plan meets all the requirements for granting this waiver and
satisfies all the requirements of the Corps of Engineers and the Palm
Beach County Department of Environmental Resources Management.
.
,
, Aqenda I tem No.:
¡
. AGENDA lŒoues~
Date: 1/18/94
Request to be placed on:'
x Requ lar Aqenda Spec 1a 1 Aqenda , Workshop Aqenda
When: ~
Description of aqenda item (who, what, where, how much):
Building Application #93-25975. 931 Palm Trail. Owner: Parrel Rl1~nr DBA Marina Delray .
request a waiver of Sections 7.9.5(A) and 7.9.11(A).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends a waiver of requirements 7.9.5eA) and 7.9.1l(A)
of the Land Development Re~ulationR h~RP~ on rnp lprrpr from the own~r. the CorpR of
EngineerR an~ rnp P~lm ReM~h r.01mry n F R M .<Ie.: ,.11>11 as the mandate of tbe confi2:uratiQn
of this lot leaves no other alternative.
,
¡ /}
Department Head Siqnature: .,)ij~
,"
Determination of Consistency with Comprehensive Plan:
.
City Attorney Review¡ Recommendation (if applicable):
Budget Director Review (required OD all iteas involviD9 expenditure
of funds):
Fundinq available: YES/ NO
Fundinq alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Hanaqer Review:
Approved for aqenda: ~~~ NO t?/l/l
Hold Until: ~; .
Agenda Coordinator Review:
Received: .
Action: Approved/Oisapproved
.
.
MEMORANDUM
TO: David Harden, City Manager I ~
FROM: Lula Butler, Director of Community Improvement~
REF: Request for Waiver to Section 7.9.5 (A) and 7.9.11 (A) of
the Dock Code for Marina Delray
DATE: January 18, 1994
ITEM BEFORE THE COMMISSION:
City Commission consideration of waiver to the City's Land
Development Regulations Section 7.9.5(A) governing dock projection
from the seawall not more than eight feet and Section 7.9.11 (A)
governing projection of boat lifts no more than 10'-0" from seawall or
the bulkhead. The application is for Marina Delray located at 931
Palm Trail. Pursuant to the L.D.R., Section 2.4.7(B) (1) (b) the City
Commission may grant a waiver to any provision of the regulations when
no other avenue for relief exists.
BACKGROUND:
Section 7.9.5(A) provides that docks may not extend five feet into a
waterway. In no case shall the dock extend eight feet beyond the
property line. Section 7.9.11(A) provides that a boat lift in the
raised position shall not extend more than 10 feet over the waterway
from the property line or seawall or bulkhead, whichever is nearer to
the waterway.
The applicant, Marina Delray, is requesting a waiver to the code in
order to comply with Palm Beach County D.E.R.M. and the Corps of
Engineers requirement not to disturb the mangrove and allow the dock
and three boat lifts to extend beyond 10'-0" within the waterway.
This is unique piece of property which cannot be accomodated by the
code. It meets the following criteria set forth in Section
2.4.7(B)(5):
(a) It will not adversely affect the neighboring area since it
preserves the mangrove and does not constrict the waterway.
(b) It shall not significantly diminish the provision of public
facilities as there are no public facilities available for
this area.
(c) It shall not create an unsafe situation since it will not
diminish the clearance of the waterway or impair navigation.
.
Marina Delray Waiver Request Page 2
January 18, 1994
(d) It does not result in the grant of a special privilege in
that the same waiver would be granted under similar
circumstances on other property for another applicant or
owner.
RECOMMENDATION:
Staff recommends approval due to the unique condition that exists on
this property relating to the mangrove. It meets all the requirements
for granting this waiver and satisfies all the requirements of the
Corp of Engineers and Palm Beach County D.E.R.M.
JS#6
:MarinaDR.CC
.
_AI..
ŒSDt IH) .-N:
ŒR I U-II:J.J GaERN... ca-rnw:TCR 3'1)-183-14::£1
51 ^ TE OF F1...1:HDA ex; CØ37453
December 27, 1993
\
Mr. Jerome Sanzone
Chief Building Official
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FI clr i d a 33444
RE: Dock and boat 1 i ft construction
Marina Del Rey .
931 Palm Tyail
Delray Beach, FloYida
Gentlemen:
This is to request that you appyove Marina Del Rey's appeal
to constyuct a finger piey and boat lift s at the referen.:ed
1 oc at i cln.
The following should be consideyed:
The Corps of Engineeys ( COE) , Depaytment of Environmental
Regulation (DER) and Department of.Enviyonmental Resources
Management (DERM) appyoved the project and issued permits to
extend the existing dock 22' eastward into the Intracoastal
waterway and 67 L.F. towards the north.
DERM preformed an in water site inspection in November, 1992.
A I ayge cluster of Mangroves and shallow watey was observed
along the shoreline.
The permitted layout was reviewed and appyoved by the
regulatoyy agencies. DERM Requires that the following be
maintained.
A. Bc,ats can not be moored over seagrass beds or in waters
less than 3' of clearance to the water bottom at Mean
Low Water.
B. Natural vegetat ion including mangroves can not be
altered including mangroves.
DERM issued the wetlands permit March 10, 1993
·
Page two of two
Marina Del Rey appeal
December 27, 1993
The CaE permit was issued on November 5, 1992. The CaE
requires a minimum distance of 60 L.r. from the west
edge of the ICW channel to the nearest structure be
maintained. A permit modi ficat ion is currently pending
with the CaE to change the configuration to the one
shown on the plans. Mr. Lonnie Shepardson has indicated
that the modification will be approved.
The distance to the west edge of channel edge from the
proposed dock and lifts is 66 L.r.
The CaE has determined that this project as permitted
would not endanger public safety or wel fare.
Several existing docks, piers and other structures have been
constructed in the vicinity of this site were approved and
constructed with city building permits.
Based on the petitions hardship, it would be a manifest
injust ice if the City of Delray Beach denied the petitioners
request to construct the docking facilities which others have
been allowed and enjoy.
In addition, find a copy of the project description, dated
De.: ember 27, 1993
Please complete your review and approve our appeal and issue
the building permit. If you have any questions concerning
this matter contact me at 305-783-7435.
sign and Development, Inc.
A:\DELREY9.PER
.
.~ DEPARTMENT OF THE ARMY
JACKSONVR.LE DISTRICT CORPS OF ENGINEERS
. P. O. BOX 4970
JACKSONVIlLE, FLORIDA 32232-0019
REPLY TO
ATTENTION OF JAN 4 1994
Regulatory Division
South Permits Branch
199201493 (LP-LS)
MODIFICATION II
Mr. Darrel Bush
d/b/a Marina Del Rey Condominiums
C/O Environmental Design & Development
2950 NE. 11th Avenue
Pompano Beach, Florida 33064-6314
Dear Mr. Bush:
Reference is made to Mr. Jim White's letters dated November
23, and December 13 & 27, 1993, in which you asked to revise the
plans for the construction of multifamily use pier authorized by
Department of the Army Permit 199201493(LP-LS) issued to Darrel
Bush. The project is located at the Marina Del Rey Condominium,
931 Palm Trail in Section 09, Township 46 South, Range 42 East,
Delray Beach, Palm Beach County, Florida.
The proposed modification is to reduce the length of the
access ramp from 72 linear feet to 62 linear feet, extend the
terminal deck/pier from 67 linear feet to 90 linear feet, and to
add 2 boat lifts to the waterward edge of the terminal deck/pier.
The structures of the boat lifts will be 10 feet in width and
shall not be constructed so that there is less that 66 feet
between the completed structure and the west edge of the Atlantic
Intracoastal Waterway channel.
Since a portion of the proposed work is located within the
Federal right-of-way for the Atlantic Intracoastal Waterway
(AIWW) , a Department of the Army Consent to Easement is also
required prior to commencement of construction. By copy of this
letter, the proposal is being forwarded to the Corps Real Estate
Division for action on the Consent.
-2-
The impacts of the proposed work on navigation and the
environment have been evaluated and found to be insignificant.
The permit is hereby modified in accordance with your request.
You should attach this letter and the enclosed revised project
plans to the permit. All other conditions of the original permit
remain in full effect.
Thank you for your cooperation with our permit program.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
1 /i~It~1"J
! errence . Salt
'/ Colonel, u. S. Army
~ District Engineer
Enclosure
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·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM i <6K - MEETING OF FEBRUARY 22. 1994
WAIVER OF LAND DEVELOPMENT REGULATIONS/SAWGRASS
CONSTRUCTION. INC. BOAT LIFT
DATE: FEBRUARY 18, 1994
This item is before the Commission to approve a waiver to LDR Section
7.9.11(A) governing projection of boat lifts to Sawgrass Construc-
tion, Inc. for 1045 Del Haven Drive owned by John Murphy.
City Land Development Regulations 7.9.11(A) requires boat lifts not
to extend more than 10 feet into the waterway. A 16,000 to
20,OOO-pound boat requires a 14'0" lift. Sawgrass Construction has
agreed to remove the existing dolphin piles which will increase the
access in this canal by five to six feet of clear travel way.
This plan meets the following criteria set forth in Section
2.4.7(B)(5):
( a) This waiver will not adversely affect the neighboring area.
(b) It shall not significantly diminish the provision of public
facilities.
(c) It shall not create an unsafe situation.
(d) It will not result in the grant of a special privilege in that
the same waiver would be granted under similar circumstances on
other property for another applicant or owner.
Recommend approval of a waiver to LDR Section 7.9. 11 (A) . This plan
meets all the requirements of Section 2.4.7(B)(5) for granting this
waiver and reduces the restriction to the waterway.
.
.
.
. Agenda Item No..
,.
.
. ^G£NDA tŒQoes~
Date: 1/19/94
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: d ,ð:) '~'i
Description of agenda item (who. what. where, how much), Mr. John Murphy
1045 DelHaven Drive. Owner. Throu2h Saw2rass Construction reauest is for a wRiv~r
of Section 7.9.I1CA} of the Land Development re~ulations which srRrp~ R hnRrlifr m~y
not extend nore than 10'-0" over the W:lt~rvRY. His lift mllst he l¿'-O"
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommenda t ion: Staff recommends a waiver of requirements from 7.9.llCA) as
outlined in 7.9.4(A) based on letter from o_~ers' a2ent. SawRrass Construction and
confirmation of the lot and its location.
Department Head Signature:
Determination of Cons16tency with Compr bensiv8 Plan,
Ci ty Attorney Rev ie'"'l Recommenda tion (if applicable).
Budget Director Review (required on all iteas involving expenditure
of funds) :
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description: .
Account Balance: .
Cl ty Manager Rev Ie,",:
Approved Cor agenda: @/ NO Pz1
Hold Until:
Agenda Coordinator Review:
Received: .
},ction: },pproved¡01sapproved
MEMORANDUM
TO: David Harden, City Manager rfh
FROM: Lula Butler, Director of Community Improvement~/j
REF: Request for Waiver of Section 7.9.11(A) of Dock Code for
Boat lifts for Mr. John Murphy, 1045 Del Haven Drive
DATE: January 19, 1994
ITEM BEFORE THE COMMISSION:
- -
City Commission consideration of waiver to the City Land Development
Regulations 7.9.11(A) governing the boat lift at 1045 Del Haven Drive.
BACKGROUND:
Section 7.9.11(A) requires boat lifts not to extend more than 10 feet
into the waterway. According to the letter from Sawgrass
Construction, in order to lift this 16,000-pound boat, it requires a
14'-0" lift. He has agreed to remove the existing dolphin piles which
will increase the access in this canal by five to six feet of clear
travel way.
Pursuant with the provisions of Section 2.4.7(B) (5) the literal
interpretation of the regulations would deprive the applicant of
rights commonly enjoyed by other properties subject to the same zoning
therefore, the City Commission waiver is the only avenue for this
applicant.
The findings of fact are in compliance with the following criteria:
(a) This waiver will not adversely affect the neighboring area;
(b) It shall not significantly diminish the provision of public
facilities;
(c) It shall not create an unsfe situation; or,
(d) The boat lift does not grant the applicant special privilege
in that the same waiver would be granted under similar
circumstances on other property for another applicant or
owner.
RECOMMENDATION:
Staff is recommending City Commission approve this waiver request to
Section 7.9.11 (A) based it meeting all the criteria of Section
2.4.7(B) (5) and the attached letter from the owners representative and
the reduction of the restriction to the waterway.
.
~a:fugra:ss Cllnnstrudinn~ ¿3Jtu.
General Contracting
518 NW 77th Street Boca Raton, FL 33487
December l4, 1993
Mr. Jerry Sanzone
Chief Building Official
100 N.W. lst Avenue
Delray Beach, FL 33444
RE: Boat Lift Permit for Lot 41 Del Harbour
AKA 1045 Del Haven Drive
Dear Mr. Sanzone,
Acting on the behalf of the owner Mr. John Murphy, I respectfully
request the city of Delray to allow the installation of a boat
lift adjacent to the existing seawall of Mr. Murphy's property.
Presently there exists a 5' x 49' marginal dock and 2 - l2" wood
dolphin piles located approximately 20' into waterway. Our
proposal is to decrease the size of the marginal dock to 5' wide
by 39' long and remove the 2 existing dolphin piles and install
boat lift pilings. Said to piles to be east of the marginal dock
and be no closer than 20' to the· east property line (see sketch).
Under the City of Delray's rules a boat lift structure shall be
no more than 10' into the waterway. Mr Murphy's requirements are
for a l6,OOO lb boat lift, which requires 2 inner pilings and 2
outer pilings approximately 14' center to center. For the record
all boat lifts above 12,000 lbs require this setup.
It is the intention of the owner to remove the existing dolphin
piles which are 20' out into the water and install his boat lift,
which will provide for an additional 5' to 6' of access in the
existing waterway.
If th~ e is any further information you shall need to review this
requ~s I can be reached at (407)241-4667.
Phi IIp! pI an
Vice Pr sident
Sawgrass Construction
Agent for John Murphy
.
Page 5.
0 PILING SETTING DIMENSIONS FOR 6/25/92
" HI-TIDE RO-LIFTS·
STARDARD: GEAR REDUCER AND MOTOR UP, ABOVE TOP CARRIER BEAMS.
LOW PROFILE: GEAR REDUCER AND MOTOR DOWN, BELOW TOP CARRIER BEAMS & ALONG SIDE OF PILING.
3.0001b - 4.5001b 6.0001b - 9..0001b - 12.0001b
-+-r BOW OF BOAT BOW OF BOAT -t-.
I:J
þ; ~
,..J H
o H o ~
P::: ~ ø:: 0
<: 0 8" DIAMETER <: c:c: 8" D I A}1ET ER
o c:c: o ::..
z ~ PILINGS z PILINGS
< < ~
E-< ~ i E-< 0
VJ q ~ -:
o = I o =
..... -< -< -<
I I I I
- - - -
-< -< -< -<
..... -< f -< -< 12'-0" on 6,OO01b
10' on 3,0001b I
, L 111 on 4,S001b 112'-6"on 9,0001b & 12,0001b
rï\ I I 11\
\ \..:J i 'Y
I I
J J
NOTE: RO-LIFT TOP CARRIER BEAMS ARE ~~SIG~ED TO FIT ?ILINGS UP 10 (2) INCHES ~ARGER T~~N
SPECIFIED. CONCRETE PILINGS OR (~) INCH LARGER PILINGS REQUIRE CUSTOMIZATION AND
MUST BE SPECIFIED WITH ORDER.
I 16.0001b & 20.000lb
:
NOTE: RO-LIFT LIFTER BEAMS I
i i BOW OF BOAT
ARE DISIGNED TO LIFT \
ON CEXTERLINE OF SUPPORT CD ~
PILINGS. IF DOCK EDGE I I "-..J
OVER-I...APS CEHERLINE OF I I'
PILI~GS, ADJUSTNENT ;
SHOULD BE ~~E TO IN- !~
: ,
" .....
CREASE PILING SPACI~G :H
:t:...
SIDE TO SiDE, SHORTE~ I 0·0 10" DIANETER
:::::~::::
LIFTER BEANS, OR NOTCH I <:~ PILINGS
o·
DECK "BOARDS TO ACCO~~10- z;~
<:0
DATE LIFTER BEANS. ~~~
VJi
CHECK WITH HI-TIDE SALES 1=
= ¡.......c
A$ NEEDED. co I"'"
I I I
- t-
.....1°
..... .....
# 14' -\
cb
I !
I
.
PAGE 02
JOI-f-I M..RPHY
2154645181
12/08/1993 19:32
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i fL - MEETING OF FEBRUARY 22. 1994
REOUEST AUTHORIZATION TO SEEK TRANSPORTATION ENGINEERING
CONSULTANT SERVICES
DATE: FEBRUARY 18, 1994
This item is before the Commission to authorize the selection of a
Transportation Engineering Consultant for on-going services in lieu
of a staff position for Traffic Engineer.
The staff position of Traffic Engineer remains vacant, and attempts
to fill the position with qualified candidates were unsuccessful. At
a meeting of the Development Services Management Group, there was
direction to abandon the pursuit of a staff Traffic Engineer and to
use consultant services instead.
The Traffic Consultant would provide the City with on-going services
on an as-needed basis. The work to be performed by the Transporta-
tion Engineering Consultant would include:
a. Review of select traffic studies prepared pursuant to the County
Traffic Performance Standards Ordinance.
b. Preparation of traffic statements and traffic studies associated
with development and with obtaining concurrency exemptions.
c. Advice on specific transportation issues¡ i. e. , parking, transit
development, traffic routing, and traffic demand management.
d. Assistance in evaluation and revision to the Traffic Element of
the City's Comprehensive Plan.
The selection process would involve advertisement of a Request for
Qualification, creation of a selection committee, ranking of the
applicant firms based on their qualifications, interview of the top
candidate firms, and selection of the most qualified firm.
Approval of fees associated with such services would be incorporated
into the contracts along with the specific scope of work to be
approved by the City in Service Authorizations. The contract would
be brought back to the City Commission for approval, along with the
initial service authorization prior to the use of the firm's
services.
Recommend authorizing the Planning Department to proceed with the
advertisement for selection of a Transportation Engineering
Consultant to perform services on an as-needed basis.
.
I ~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
( . ~
.~~ '^-\~
THRU: NE DOMINGUEZ,
P~~NC I P~L PLAN~EÙJl.<y
FROM: ~,~JNIOR PLANNER
SUBJECT: MEETING OF FEBRUARY 22, 1994
AUTHORIZATION TO PROCEED WITH THE SELECTION OF A
TRANSPORTATION ENGINEERING CONSULTANT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
authorization to proceed with the selection of a
Transportation Engineering Consultant for on-going
services in-lieu of a staff position for the Traffic
Engineer.
B A C K G R 0 U N D:
The staff position of Traffic Engineer has been vacant for
approximately nine (9) months. The City recently advertised the
position in the newspaper and received 12 applications. Of the
applicants, only two (2) met the minimum requirements
established for education and experience. Neither of the two
showed expertise in the area of "transportation engineering"
which is the focus of the position. In discussion at a DSMG
(Development Services Management Group) meeting, there was
direction to abandon the pursuit of a staff position for the
Traffic Engineer and to use consultant services.
The Traffic Consultant would provide the City with on-going
services on an as-needed basis, in a manner similar to that of
the Market Research Consultants and Architects. The work to be
preformed by the Transportation Engineering Consultant would
include:
* review of select traffic studies prepared pursuant to the
County Traffic Performance Standards Ordinance;
* preparation of traffic statements and traffic studies
associated with development and with obtaining concurrency
exemptions;
* advice on specific transportation issues e.g. parking,
transit development, traffic routing, traffic demand
management;
.
.
- , . .
City Commission Documentation
Transporation Engineering Consultant Services
Page 2
* assistance in evaluation and revisions to the Traffic
Element of the City's Comprehensive Plan.
Selection Process:
The selection process for the Transportation Engineering
Consultant will involve the following:
* advertisement of an RFQ (Request for Qualification) for a
Transportation Engineering Consultant;
* creation of a selection committee to review the
qualification packets, and set guidelines for selecting a
firm;
* ranking the firms based on their qualifications and
capabilities;
* interview the three (3) highest ranking firms; and
* selection of the most qualified firm.
It is intended that the City will then negotiate and enter into
a contract with the qualified firm for work to be performed on
an as-needed basis. Approval of fees associated with such
services will be incorporated into the contracts along with
specific scope of work to be approved by the City in service
authorizations. The contract will be brought back to the City
Commission for approval, along with the initial service
authorization prior to the use of the firm's services.
R E COM MEN D E D ACT ION:
By motion, authorize the Planning Department to proceed with the
advertisement and selection of a Transportation Engineering
Consultant to preform services on an as-needed basis.
Y:TRAFFIC
.
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER flV1
SUBJECT: AGENDA ITEM * ~M - MEETING OF FEBRUARY 22. 1994
GRANT REOUEST/COMMUNITY JUVENILE JUSTICE PARTNERSHIP
PROGRAM
DATE: FEBRUARY 18, 1994
This item is before the Commission to approve application for a grant
from Community Juvenile Justice Partnership Program aimed at youth at
risk.
The Juvenile Justice System Act of 1993, Section 39.025, Florida
Statutes, provides funds to address the problems of the rapid rate of
growth of juvenile crime and the increase in the number of children
suspended or expelled from school. Funding for this program is from
the Motor Vehicle Theft Prevention Trust Fund Community Juvenile
Justice Partnership Program. These funds will be distributed through
grants awarded on a competitive basis.
Priority will be given to grants that focus on ( 1 ) at-risk target age
group, specifically juveniles between the ages of 10 and 17 and, (2 )
geographical areas with the highest number of juvenile arrests.
Programs must be an integrated approach to addressing juvenile crime.
The interagency partners must include law enforcement, education, and
Department of Health and Rehabilitative Services juvenile justice.
For the funding cycle July 1, 1994, through June 30, 1995, the limit
on funding for anyone grant is $100,000. A grantee could continue
the program for a maximum of three years i however, awards for
continuation will be made on annual competitive basis subject to the
availability of funds.
Recommend approval of application for a grant from the Community
Juvenile Justice Partnership Program aimed at youth at risk.
.
.
. ,
Agenda Item No.:
AGENDA REQUEST
Date: Feb. 11. 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: February 22, 1994
Description of agenda item (who, what, where, how much) : Request for
approval to apply for a grant of up to $100,000 from Community Juvenile Justice
Partnership Grants for a program to be developed aimed at youth at risk.
ORDINANCE/ RESOLUTION REQUIRED: YEs(§) Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consiste
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @NO tt1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
"
. Y'I/'Î'I e:iu..Pa.· ~
éh~ /ùè1/~
OFFICE OF THE ATTORNEY GENERAL i
DEPARTMENT OF LEGAL AFFAI RS
THE CAPITOL
TALLAHASSEE, FLORIDA 32399-1050
1/3/94 To: Chief Richard Overman f1~c;~
c: Doug RAndolph J4.1' J /1/~O
D Clìy ~11~ /99J
'I1('Fp.
.,\'()
December 27, 1993 -~ÑQ
Dear Colleague: ""r'j~,~MUN:TY D~VElO?M;~::;T
L. As YO,? know, ~n 1993 the legislature establishe~ the ~ommunity
10< JuvenJ.le JustJ.ce Grant Program. The program 1.S desl.gned to
ì: encourage· creative new programs to make our community safer by
reducing juvenile crime.
In the initial budget cycle this past year, 40 grants were funded
totaling two million dollars. I am pleased to announce that the
second cycl~of grant funding is now available. Grant proposals
will beconsiçlered for a broad range of programs including those
-' designed to' increase school safety, reduce truancy, expulsions, and
. out of schoo..!· suspensions. Programs' designed to strengthen' the
¡ 'family and parenting skills are 'encouraged,'" as well as creative
h ways to educate juveniles who have not responded to traditional
" teaching techniques.
Completed requests for grant funding are due no later than March 1,
1994. The application package consists of the application form,
instructions and the criteria used to review grants. All proposals
must be endorsed by the County Juvenile Justice Council and the
Juvenile Justice District Board prior to submission.
~
Grant funds will be awarded through a competitive evaluation
r, process as established by the legislature. The maximum amount
';7 awarded for each grant will be.$lOO,OOO.
"":1
t
.
, ~ I have enclosed the revised grant application package and
,¡ instruct~ons. . Please note that in order to request second year
'..................... . funding and/or apply for a new grant, the comp.leted apPli.cation is
t due in my office on or before March l, 1994. As always, do not
~; . hesi tate to contact me if I can be of any further assistance.
å a0. v»--' ~U# /. . .. ~ C'/;J ~ ,v/uw' wiN
H'r/" /. ~ .
[~.~.:....·.r . ? r .. ., f,.{ dft.(. wI d"-'"'¡'''
~ ~ ~ ~
~'... ~ 1'101/1/ f1/G . E /Ýr! l-O S (:/)
Mark B. Schlein, Director ~/~
Juvenile Justice Programs . , .1.
I (tt.11.l <. .'
S'~e /;-\J,\J c;J..l.~v· ,...r\
AN AFFIRMATIVE AC110WEOUAl OPPORTUNITY EMPlOYER
\
.
.. Of.- ì... "
( COMMUNITY JUVENILE JUSTICE PARTNERSHIP GRANTS
,
, INSTRUCTIONS FOR APPLICATION FORM, MVTP40
,
,
}
"
¡ BACKGROUND
1.
r:
~ The juvenile Justice system Act. of 199~, section
,
g ~9.025,Florida~Statutes, provided funds. to address the problem of
i the alarmi~g rate of growth of juvenile crime and the increase in
J
~ the numb~r o"f children suspended or expelled from school. Funds
, from the motor "vehicle trust fund áre set aside as an incentive
-j
~ to foster,ani;l1teqrated approach .to addressing the problems of
.
:1 juvenile c~;m~.~. The, funds will'be'distributed through grants
awarded on a' '~competi ti ve basis. , .' . .
2. PURPOSE OF,GRANTS
The community juvenile jµstlce' partnership grants' are for
the purpose'þ~;
R~~uqing truancy -
Reducing out-of-school suspension
Reducing expulsions
Enhancing school safety
Reducing juvenile crime by promoting cooperation and
co;J.laboration a~d the sh,aring of appropriate
" 'infpr,mation.",· .... ,
Priority.wil'+'>b~i given to grants that focus on the following:
. : a." At- risk target age group, specifically, juveniles
that are between the ages of 10 and 17.
b.' Geographical areas with the highest number of
juvenile arrests.
3. FUNDS AVAILABLE
, , For. ,the second funding cycle, July 1, 1994, through June 30,
.,199,5, t1l.e limit on funding for a~y .one, grant is $100,000.
4. ELIGIBLE 'APPLICANTS
'/: :'. ~
Elig.ib~'eapplic:~nts area:ny organization, group, agency,
busin~s~o;lJ}qividualth,at me~~s th,e ~ligibility requirements to
apply for ~rant funding from the Motor Vehicle Theft Prevention
Trust Funq ,.~o~unity Juvenile Justice Partnership Program~
. .... ';'.-' ," 1"'" ',~' . . '_. , ..-;' ., +
.--.-'",.,..,. . >
; .Program$ .p1ust 'be an integrated ,approach to addressing
juve:nile' ,;cr;~~.·,· At'aIn,inimum,f the interagency, partners must
include'.law :~nforcement;,edùcation,and DHRS juvenile justice.
Althôu9bs"~<,,,,~ra.l 'agenéies;'~ay be::ìnvolvedin the program,onl~ ~ne
~; '. agency ,C,a~"f[!;~,rve asthe~,J.f:!çal agent and, therefore, the offJ.cJ.al
:"';':,-1 applicant.~ :.'::" "';, '
.- . . .- '-~,':.',;' \; :.'. \. ;',1'i '~ .
.', I" ....". ,:~f¡"'-' .
5. PROGRAM DESIGNS
1
.
.. . ,
,,"';' _. ..-
4. The proposal must be accompanied by a letter from the
District Juvenile Justice Manager confirming that the grant has
been reviewed and' does not conflict with the District Juyenile
Justice Plan.
FAILURE TO MEET THE MANDATORY REOUIREMENTS WILL DISQUALIFY THE
PROPOSAL
8. EVALUATION REQUIREMENT
All proposals shall include a plan for evaluation of the
impact of tbe program. It is imperative that pre and post data
be compared to assess the success of the program. Therefore,
baseline data should be collected prior to beginning the program.
The plan'shoûldaddress both performance outcomes and impact
data. Discussions and descriptions, alone, will not be
sufficient. "Outcomes and impact must be verified with hard data
(numbers).
9. USE OF FUNDS
:(':, -
.' "
Funds should be used primarily for direct services.
Expenses for 'administration and equipment should be justified and
kept at a minimum. Funds may not be used to pay for lobbying or
to suppl'antcurrent efforts. Since the statute does not
: specifically authorize it, funds may not be used to purchase
,
food, incentives such as tee shirts, awards, or trophies.
Expenditures may include, but are not limited to, personnel,
travel, equipment, materials and supplies, office expenses,
evaluation costs, financial audits, educational field trips, and
stipends for students who are engaged in work experience
programs.
10. REVIEW PROCEDURES
The Interagency Task Force created in section 39.025, F.S. ,
will reviewthe'proposals and make recommendations to the Board
of the Motor Vehicle Theft Prevention Authority. Members of the
task .force include the Attorney General, the Commissioner of
Education, the Secretary of the Department of Health and
Rehabilitative Services, and the Executive Director of the
Department of Law Enforcement, or their designees.
1 11- CONTINUATION
¡
, It is possible for a grantee to continue the program for a
max~mumof three years. Awards for continuation will be made on a
competitive basis annually subject to the availability of funds.
, ,.
12. REPORTS n
Project managers shall submit semiannual reports which
3
.,
I, .
. . . ..
.- ,"", ....
request in writing an advance for up to 90 days. Thereafter, a
monthly financial report may be submitted for reimbursement.
¡ 16. CONTRACT
Successful applicants will be asked to execute a contract which
shall include and incorporate the application as approved by the
Authority.
The Authority reserves the right to negotiate final budgets
and require modifications in the project prior to awarding the
grant.
,
<
-
5
'.
.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf?v1
SUBJECT: AGENDA ITEM i ~ AI - MEETING OF FEBRUARY 22. 1994
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT
AND DISPOSAL BOARD ACTION TAKEN JANUARY 20. 1994
DATE: FEBRUARY 18, 1994
These items are before the Commission to ratify action taken by the
South Central Regional Wastewater Treatment and Disposal Board at
their meeting of January 20, 1994.
The SCRWTD Board by a vote of 8-0 approved expending from the Repair
and Replacement Fund $1,840,000 for Base Bid Item Numbers 1, 2 and 4,
plus Alternate Bid Number 1 and $5,000 for miscellaneous e~penses for
Sludge Process Modification.
The Board by a vote of 8-0 approved giving the Executive Director a 4
percent raise as of October 1, 1994.
.
The Board by a vote of 8-0 approved entering into contract with John
J. Kirlin, Inc. of Fort Lauderdale, Florida to construct Bid Item
Number 1 through 4 and alternative Bid Number 1 in the amount of
$1,950,000 for the Sludge Modification and Emergency Chlorine
Scrubber.
The Board by a vote of 8-0 approved entering into a Three (3) Year
Contract for Sludge Hauling with J & J Baker Enterprises, Inc.,
Wi thout a Performance Bond; further subject to the insertion of a
Ninety (90) Day Right of Termination by the Board with or without
cause at any time during the term of the Agreement.
The Board by a vote of 8-0 authorized purchase from Repair and
Replacement Funds 2 Effluent Sample Pumps - $2,500; 2 Chlorination
Flow Meters - $1,500; Bowl Liner for Centrifuge - $7,400; Lime Slurry
Pump - $1,000.
The Board by a vote of 8-0 approved to expending an additional
$71,000 for Anticipated Engineering, Legal, Legislative Costs
associated with Reuse Water Project from Capital Projects Funds.
Recommend ratification of the action taken by the South Central
Regional Wastewater Treatment and Disposal Board on January 20, 1994.
.
. .
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 20, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 20, 1994, by a vote of 8-0, approve to expend from the Repair and
Replacement Fund $1,840,000 for Base Bid Item Numbers 1, 2 and 4, plus Alternate
Bid Number 1 and $5,000 for miscellaneous expenses for Sludge Process
Modification.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Defray Beach hereby ratify
said Board action independently.
The above action is hereby rarified in The above action is hereby ratified in
open session by the City of Boynton open session by the City of Defray
Beach this _ day of , Beach this _ day of ,
_, by a _ vote. _, by a _ vote.
CITY OF BOYNTON BEACH CITY OF DELRA Y BEACH
By: By:
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
Approved as to form: Approve as to form:
City Attorney City Attorney
.
·
._-
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 20, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 20, 1994, by a vote of 8-0, approve to give the Executive Director a 4 %
raise as of October 1, 1994.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby rarified in The above action is hereby ratified in
open session by the City of Boynton open session by the City of Delray
Beach this _ day of , Beach this _ day of ,
_, by a _ vote. _, by a _ vote.
CITY OF BOYNTON BEACH CITY OF DELRAY BEACH
By: By:
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
Approved as to form: Approve as to form:
City Attorney City Attorney
-
.
.
,
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 20, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 20, 1994, by a vote of 8-0, approve to enter into contract with John J.
Kirlin, Inc. of Fort Lauderdale, FL to construct Bid Item Number 1 through 4 and
alternative Bid Number 1 in the amount of $1,950,000 for the Sludge Modification and
Emergency Chlorine Scrubber.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby rarified in The above action is hereby ratified in
open session by the City of Boynton open session by the City of Delray
Beach this _ day of , Beach this _ day of ,
_, by a _ vote. _, by a _ vote.
CITY OF BOYNTON BEACH CITY OF DELRA Y BEACH
By: By:
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
Approved as to form: Approve as to form:
City Attorney City Attorney
.
·
_c
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 20, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on
January 20, 1994, by a vote of 8-0, approve Authorization To Purchase From Repair &
Replacement Funds: 2 Effluent Sample Pumps - $2,500; 2 Chlorination Flow Meters -
$1500; Bowl Liner For Centrifuge - $7400; Lime Slurry Pump - $1000.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said
Board action independently.
The above action is hereby rarified in The above action is hereby ratified in
open session by the City of Boynton open session by the City of Delray
Beach this _ day of , , Beach this _ day of , ,
- -
by a _ vote. by a _ vote.
CITY OF BOYNTON BEACH CITY OF DELRA Y BEACH
By: By:
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
Approved as to form: Approve as to form:
City Attorney City Attorney
.
. . . .
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 20, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board díd on
January 20, 1994, by a vote of 8-0, approve to Expend an Additional $ 71,000 for
Anticipated Engineering, Legal, Legislative Costs associated with Reuse Water Project
from Capital Projects Funds.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said
Board action independently.
The above action is hereby rarified in The above action is hereby ratified in
open session by the City of Boynton open session by the City of Delray
Beach this _ day of , , Beach this _ day of , ,
- -
by a _ vote. by a _ vote.
CITY OF BOYNTON BEACH CITY OF DELRA Y BEACH
By: By:
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
Approved as to form: Approve as to form:
City Attorney City Attorney
.
... " .
-
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWA TER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 20, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 20, 1994, by a vote of 8-0, approve that the South Central Regional
Wastewater Treatment and Disposal Board enter into a Three (3) Year Contract for
Sludge Hauling with J & J Baksr EntsrDrÎ$S$, Inc., Without a Performance Bond; further
subject to the insertion of a Ninety (90) Day Right of Termination by the Board with or
without cause at any time during the term of the Agreement.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said
Board action independently.
The above action is hereby rarified in The above action is hereby ratified in
open session by the City of Boynton open session by the City of Delray
Beach this _ day of , , Beach this _ day of , ,
- -
by a _ vote. by a _ vote.
CITY OF BOYNTON BEACH CITY OF DELRA Y BEACH
By: By:
Mayor Mayor
Attest: Attest:
City Clerk City Clerk
Approved as to form: Approve as to form:
City Attorney City Attorney
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fI7'1
SUBJECT: AGENDA ITEM # ~ 0 - MEETING OF FEBRUARY 22. 1994
FUNDRAISING EVENT/DELRAY MERCHANTS ASSOCIATION
DATE: FEBRUARY 18, 1994
This item is before the Commission to approve a Blues Festival
fundraising effort for the Delray Merchants Association on March 12,
1994, from 3:00 p.m. to 12:00 midnight.
The event will be hosted by West Side Liquors, 301 West Atlantic
Avenue. The festival will include five bands. Private security will
be provided.
Recommend approval for West Side Liquors to host a Blues Festival on
March 12, 1994 for the Delray Merchants Association.
.
- .
.
. Agenda Item No.. L
I
"AGENDA REQUEST
Date: 2/17/94
Request to be placed on:' .
Regular Agenda Special Agenda . Workshop Agenda
When: 2/22/94 X Consent Agenda
,
Description of agenda item (who. what. where. how much):
Fund-raising Event for Delrav Merchants Association
Held on March 12, 1994. West Side Liauors. 301 W At]~ntir Ävp
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommenda t ion: Approval
~
,
.
Department Head Signature: Y-I~ :
¿(~
Determination of Consistency with Comprehensive Plan:
City Attorney Reviewl Recommendation (if applicable).
,
Budget Director Review (required on all iteas involving expenditure
of funds):
Fundlnq available: YES/ NO
Fundlnq alternatives: (if applicable)
Account No. & Description:
Account Ba lance:
-
City Manager Review:
Approved (or agenda: @/ NO o-t1
Hold Until:
Agenda Coordinator Review:
Received: .
Action: Approved/Disapproved
~ .
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER uf)
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: SPECIAL EVENT FOR WEST SIDE LIQUORS
DATE: FEBRUARY 17, 1994
ITEM BEFORE THE COMMISSION:
City Commission consideration of a request from the Carolyn
Cunningham, owner of West Side Liquors, 301 W. Atlantic Avenue,
to host a fund-raising event for the Delray Merchants Association
on March 12, 1994.
BACKGROUND:
West Side Liquors is proposing to host a Blues Festival on March
12, 1994 from 3:00 pm - 12:00 midnight. The festival will
include five (5) bands and is a fund-raising event for the Delray
Merchants Association. Private security will be provided. Due
to the possible nOlse concern, Commission consideration lS
requested.
RECOMMENDATION:
Staff recommends approval for West Side Liquors to host a Blues
Festival on March 12, 1994 for the Delray Merchants Association.
LB:DQ
Westside.CC
.
(J<
~ì
[ITY DF DELRAY BEA[H
1~1TY ATTORNEY'S OFFICE ','-,\ ."~ \\ ¡-\ :~ . : ¡:!t~·...Y BE.\CH. FI ~:ì~I:).-\ _ì~~~'¡
- -- Wr~t_r·. D~r_ct L~n_
I- ".', ". ....:! ~ l ' .
(407) 243-7090
MEMORANDUM
Date: February 17, 1994
To: City Commission Assistant City Attorn~
From: David N. Tolces,
Subject: Resolution of Necessity - Sidewalks and Landscaping
Banker's Row Assessment District
This resolution of necessity is required to be passed by the
Commission in order to specially assess the properties along
N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Avenue for
sidewalk and landscaping improvements. Previously, the City
Commission approved the Tri-Partite Agreement between the City,
CRA and the Banker's Row Homeowner's Association. The City
agreed to prepare the assessment roll and to assess the
properties along Banker's nine annual assessments of $212.42.
Passage of this resolution is recommended and will authorize
the Clerk's office to prepare the assessment roll once the
project is completed. Please call if you have any questions.
DNT: sh
Attachment
cc: I:\",..~...¡ .. _......, ~!"ty"Menager
City Clerk's Office
bankers4.dnt
g p
,
.
_._-_._--_.~----
RESOLUTION NO. 13-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR
PUBLIC IMPROVEMENTS ON N.E. 1ST AVENUE BETWEEN N. E .
2ND STREET AND N.E. 3RD STREET; REQUIRING THE DESIGN
OF PLANS, SPECIFICATIONS AND ESTIMATES OF COSTS FOR
THE IMPROVEMENTS; ESTABLISHING A SPECIAL ASSESSMENT
DISTRICT KNOWN AS THE BANKER'S ROW ASSESSMENT
DISTRICT ( "BRAD" ) TO INCLUDE THOSE PROPERTIES
LOCATED ON N. E . 1ST AVENUE BETWEEN N. E . 2ND STREET
AND N.E. 3RD STREET, DELRAY BEACH, FLORIDA;
PROVIDING FOR THE METHOD OF PAYMENT OF ASSESSMENTS;
PROVIDING FOR THE NUMBER OF ANNUAL INSTALLMENTS.
WHEREAS, the City Commission for the City of Delray Beach is
authorized to impose special assessments pursuant to Article 8.4 of the
City of Delray Beach Land Development Regulations; and
WHEREAS, the City Commission finds that there is a need for
public improvements along N.E. 1st Avenue between N.E. 2nd Street and
N.E. 3rd Street; and
WHEREAS, the public improvements include improved sidewalks
and associated landscaping; and
WHEREAS, the area in which improvements shall be known as the
Banker's Row Assessment District ("B.R.A.D."); and
WHEREAS, the residents of B.R.A.D. , which includes the
residences along N.E. 1st Avenue between N.E. 2nd Street and N. E . 3rd
Street, have petitioned the City Commission to impose a special assess-
ment in order to pay 25% of the proposed public improvements which are
part of the Banker's Row Neighborhood Plan; and
WHEREAS, the estimates cost for the improvements is listed on
Exhibit "A" which is attached hereto and incorporated herein; and
WHEREAS, the Commission directs City staff and the Community
Redevelopment Agency place on file in the City Manager's Office, the
plans, specifications, and estimates of the cost of those improvements;
and
WHEREAS, pursuant to the Tri-Partite Agreement entered into by
the Banker's Row Homeowners Association ("B.R.H.A."), the City of Delray
Beach Community Redevelopment Agency and the City of Delray Beach,
B.R.H.A. agreed to pay 25% of the construction of the improvements, not
to exceed a total of $32,500; and
.
.
WHEREAS, the property owners, subject to this special assess-
ment, shall each pay nine ( 9 ) annual assessments in the amount of
$106.21; and
WHEREAS, after completion of the improvements, the City
Manager shall prepare and present to the Commission a report of cost of
the improvement and an assessment roll showing the lots and lands
assessed and the amount of the assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission hereby declares a need for
public improvements along Banker's Row in conformance with the above-
stated recitations and for the imposition of a special assessment in
conformance with this resolution.
Section 2. This resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED in regular s~~ day of
February , 1994.
ATTEST:
o /ÙJl1JJ'(jf£, !ú'rv J/aùV
City Cle
2 Res. No. 13-94
.
.
._-'- . ._, - -.-
,.
I'
¡
I
EXHIBIT "A"
BANKERS ROW STREET IMPROVEMENTS
CONSTRUCTION & ENGINEERING COST ESTIMATE
1. Decorative Paving - Sidewalks $23,900
ì 2. Concrete Sidewalk $ 1,000
¡:
, 3 . Landscaping $ 8,500
I
í:
,I
i 4. Irrigation (includes sleeves under
,.
n pavement) $ 4,600
i
"
Ii 5. Historic Signage $ 5,000
Ii
:ì TOTAL $43,000
i'
?:i
I;
jj
!:
Ii
'I
I
I
I
,I
I,
¡¡
.
.
** FINAL AGREEMENT FOR TAX ASSESSMENT **
We, the property owners of Banker's Row, located on Northeast First
Avenue and bounded by Northeast Second Street and Northeast Third
Street, by and through the majority of signatures appearing below,
hereby agree to incur a previously approved tax assessment in order
to pay 25% (twenty-five percent) of the proposed public
improvements which are part of the Banker's Row Neighborhood Plan
"Banker's Row Obligation."
It is understood that the Banker's Row Obligation creates a
liability for the property owners of Banker's Row to the Community
Redevelopment Agency ("CRA") in an amount not to exceed $32,500
(thirty-two thousand and five hundred dollars). The figure of
$32,500 is to be divided amongst the 17 (seventeen) property
owners in Banker's Row, paid out over a period of 9 (nine) years.
Consequently, the requisite contribution from each property owner
to pay back the debt to the CRA shall be in the amount of $2l2.42
(two hundred twelve and 42/l00 dollars) annually. The guidelines
for exact handling of these monies between the Community
Redevelopment Agency and the City of Delray Beach were outlined in
the previous Statement of Intent and Majority Approval (attached
hereto) and wi 11 stand as agreed upon unl ess otherwise stated
herein.
By signing this Final Agreement for Tax Assessment, I am agreeing
to pay an annual assessment of $212.42 and further, I agree to pay
this amount to the City of Delray Beach Taxing Authority so that
this agreement may be rightfully enforced.
Siqnature Address Date
,;?3J" 7J.¿-. /C~~ ~YV. ~ l'tl¡'~
I
.2, "?" '?1 f /.;.~ 4,,- !)u ~ '"'- ~, / '7 'i ~
3. ~.:13 /ilL'" /...5/ -4¿.~ :r~.¡.J () } l}i3
4. .:t'-l7/Ve /$7 ~ ~13
,.(~-).,/I.{ NIT I";'~ 3
5. ~
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ÁYANe- FI1\.ðJ~ ~ lP l~C;3
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2Þ\ ~~ \ ST" ,+.If:: b{ b 1<1;3
I
.
.
** PINAL AGREEMENT FOR TAX ASSESSMENT **
We, the property owners of Banker's Row, located on Northeast Pirst
Avenue and bounded by Northeast Second Street and Northeast Third
street, by and through the majority of signatures appearing below,
hereby agree to incur a previously approved tax assessment in order
to pay 25% (twenty-five percent) of the proposed public
improvements which are part of the Sanker's Row Neighborhood Plan
"Sanker's R20w Obligation."
It is understood that the Banker's Row Obligation creates a
liability for the property owners of Sanker's Row to the Community
Redevelopment Agency ("CRA") in an amount not to exceed $32,500
(thirty-two thousand and five hundred dollars) . The figure of
$32,500 is to be divided amongst the 17 (seventeen) property
owners in Banker's Row, paid out over a period of 9 (nine) years.
Consequently, the requisite contribution from each property owner
to pay back the debt to the CRA shall be in the amount of $212.42
(two hundred twelve and 42/l00 dollars) annually. The guidelines
for exact handling of these monies between the Community
Redevelopment Agency and the City of Delray Seach were outlined in
the previous statement of Intent and Majority Approval (attached
hereto) and will stand as agreed upon unless otherwise stated
herein.
Sy signing this Pinal Agreement for Tax Assessment, I am agreeing
to pay an annual assessment of $212.42 and further, I agree to pay
this amount to the City of Delray Seach Taxing Authority so that
this agreement may be rightfully enforced.
Sizature 1JI Address #
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** FINAL AGREEMENT FOR TAX ASSESSMENT **
We, the property owners of Banker's Row, located on Northeast First
Avenue and bounded by Northeast Second Street and Northeast Third
Street, by and through the majority of signatures appearing below,
hereby agree to incur a previously approved tax assessment in order
to pay 25\ (twenty-five percent) of the proposed public
improvements which are part of the Banker's Row Neighborhood Plan
"Banker's Row Obligation."
It is understood that the Banker's Row Obligation creates a
liability for the property owners of Banker's Row to the Community
Redevelopment Agency ("CRA") in an amoun t not to exceed $32,500
(thirty-two thousand and five hundred dollars) . The figure of
$32,500 is to be divided amongst the 17 (seventeen) property
owners in Banker's Row, paid out over a period of 9 (nine) years.
Consequently, the requisite contribution from each property owner
to pay back the debt to the CRA shall be in the amount of $212.42
(two hundred twelve 'and 42/100 doll ars) annually. The guidelines
for exact handling of these monies between the Community
Redevelopment Agency and the city of Delray Beach were outlined in
the previous statement of Intent and Majority Approval (attached
hereto) and will stand as agreed upon unless otherwise stated
herein.
By signing this Final Agreement for Tax Assessment, I am agreeing
to pay an annual assessment of $212.42 and further, I agree to pay
this amount to the City of Delray Beach Taxing Authority so that
this agreement may be rightfully enforced.
Address Date
...d.1..1 /J~ S~ ~/fI73
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** PINAL AGREEMENT POR TAX ASSESSMENT **
We, the property owners of Banker's Row, located on Northeast Pirst
Avenue and bounded by Northeast Second Street and Northeast Third
Street, by and through the majority of signatures appearing below,
hereby agree to incur a previoualy approved tax assessment in order
to pay 25\ (twenty-five percent) of the proposed public
improvements which are part of the Banker's Row Neighborhood Plan
"Banker's R20w Obligation."
It is understood that the Banker's Row Obligation creates a
liability for the property owners of Banker's Row to the Community
Redevelopment Agency ("CRA") in an amount not to exceed $32,500
(thirty-two thousand and five hundred dollars) . The figure of
$32,500 is to be divided amongst the 17 (seventeen) property
owners in Banker's Row, paid out over a period of 9 (nine) years.
Consequently, the requisite contribution from each property owner
to pay back the debt to the CRA shall be in the amount of $212.42
(two hundred twelve and 42/100 dollars) annually. The guidelines
for exact handling of these monies between the Community
Redevelopment Agency and the City of Delray Beach were outlined in
the previous statement of Intent and Majority Approval (attached
hereto) and will stand as agreed upon unl ess otherwise stated
herein.
By signing this Pinal Agreement for Tax Assessment, I am agreeing
to pay an annual assessment of S2l2.42 and further, I agree to pay
this amount to the City of Delray Beach Taxing Authority so that
this agreement may be rightfully enforced.
Sianature Address Date
f·O·,0~tØM ,~;¿7 4/e Ip-¡-~ 7-/~-7.3
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[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE ~. j \, \\ .' \\ i..'-LL: . "¡:UL\Y fJE,:\CH. FLORIDA .;3~44
:-....<')[\: ¡ LI - --, -'"':.::; Wr~~_r·. D~r_o~ L~n_
(407) 243-7090
MEMORANDUM
Date: February 17, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Resolution of Necessity - Street Paving, Street-Side
Parking and Street Lighting/Banker's Row Assessment
District
This resolution of necessity is required to be passed by the
Commission in order to specially assess the properties along
N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Avenue for
street paving, street-side parking an street lighting.
Previously, the City Commission approved the Tri-Partite
Agreement between the City, CRA and the Banker's Row
Homeowner's Association. The City agreed to prepare the
assessment roll and to assess the properties along Banker's
nine annual assessments of $212.42.
. Passage of this resolution is recommended and will authorize
the Clerk's office to prepare the assessment roll once the
project is completed. Please call if you have any questions.
DNT: sh
Attachment
cc: David Harden, City Manager
City Clerk's Office
bankers5.dnt
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RESOLUTION NO. 14-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR
PUBLIC IMPROVEMENTS ON N.E. 1ST AVENUE BETWEEN N.E.
2ND STREET AND N.E. 3RD STREET; REQUIRING THE DESIGN
OF PLANS, SPECIFICATIONS AND ESTIMATES OF COSTS FOR
THE IMPROVEMENTS; ESTABLISHING A SPECIAL ASSESSMENT
DISTRICT KNOWN AS THE BANKER'S ROW ASSESSMENT
DISTRICT ( "BRAD" ) TO INCLUDE THOSE PROPERTIES
LOCATED ON N. E . 1ST AVENUE BETWEEN N. E . 2ND STREET
AND N.E. 3RD STREET, DELRAY BEACH, FLORIDA;
PROVIDING FOR THE METHOD OF PAYMENT OF ASSESSMENTS;
PROVIDING FOR THE NUMBER OF ANNUAL INSTALLMENTS.
WHEREAS, the City Commission for the City of Delray Beach is
authorized to impose special assessments pursuant to Article 8.4 of the
City of Delray Beach Land Development Regulations; and
WHEREAS, the City Commission finds that there is a need for
public improvements along N.E. 1st Avenue between N.E. 2nd Street and
N.E. 3rd Street; and
WHEREAS, the public improvements include street paving,
street-side parking, and street lighting; and
WHEREAS, the area in which improvements shall be known as the
Banker's Row Assessment District ("B.R.A.D."); and
WHEREAS, the residents of B.R.A.D. , which includes the
residences along N. E . 1st Avenue between N.E. 2nd Street and N. E . 3rd
Street, have petitioned the City Commission to impose a special assess-
ment in order to pay 25% of the proposed public improvements which are
part of the Banker's Row Neighborhood Plan; and
WHEREAS, the estimates cost for the improvements is listed on
Exhibit "A" which is attached hereto and incorporated herein; and
WHEREAS, the Commission directs City staff and the Community
Redevelopment Agency place on file in the City Manager's Office, the
plans, specifications, and estimates of the cost of those improvements;
and
WHEREAS, pursuant to the Tri-Partite Agreement entered into by
the Banker's Row Homeowners Association ("B.R.H.A."), the City of Delray
Beach Community Redevelopment Agency and the City of Delray Beach,
B.R.H.A. agreed to pay 25% of the construction of the improvements, not
to exceed a total of $32,500; and
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WHEREAS, the property owners, subject to this special assess-
ment, shall each pay nine ( 9 ) annual assessments in the amount of
$106.21; and
WHEREAS, after completion of the improvements, the City
Manager shall prepare and present to the Commission a report of cost of
the improvement and an assessment roll showing the lots and lands
assessed and the amount of the assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission hereby declares a need for
public improvements along Banker's Row in conformance with the above-
stated recitations and for the imposition of a special assessment in
conformance with this resolution.
Section 2. This resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED in regular
February , 1994.
ATTEST:
Qt."='flìi.J1 ,kmr lIo.TI.¡
City Clerk
I
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I 2 Res. No. 14-94
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_"~___,·_w_.,·".·._ _ ___....___ _.~.. _ ..._ ., _
EXHIBIT "A"
BANKERS ROW STREET IMPROVEMENTS
CONSTRUCTION & ENGINEERING COST ESTIMATE
1. Engineering, Surveying $ 7,500
2. Roadway Construction $ 63,000
3 . Property Damage Allowance $ 20,000
Ii 4. Decorative Paving -
( 4 ) Street Crossings $ 3,600
Ii 5. Decorative Street Lights $ 14,600
: 6. Drainage $ 40,000
Ii
TOTAL $148,700
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1J1
SUBJECT: AGENDA I TEM # g' R - MEETING OF FEBRUARY 22. 1994
FINAL PAYMENT/FABRICATION PLUS
DATE: FEBRUARY 18, 1994
This item is before the Commission to approve Final Payment in the
amount of $21,350.00 to Fabrication Plus for architectural fencing at
the Delray Beach Tennis Center site. The work has been completed and
has been accepted by both the architect and City staff.
Recommend approval of Final Payment in the amount of $21,350.00 to
Fabrication Plus, with funding from the General Construction Fund,
Tennis Center Stadium Phase II (Account No. 334-4145-572-63.42) .
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Agenda Item No.:
AGENDA REOUEST
Date: Februarv 17. 1994
Request to be placed on:
--X-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: Februarv 22. 1994
Description of item (who, what, where, how much): Staff reauests Citv Commission
approval of final payment to the contract with Fabrication Plus in the amount of
S 21.350.00 for architectural fencina at the Delrav Beach Tennis Center site.
The work has been completed and accepted bv the Architect and Citv staff.
Fundina is available from the General Construction Fund. Tennis Center Account
# 334-4145-572-63.42
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of final payment to Fabrication Plus
in the amount of S 21.350.00
Department Head Signature: Ø/A -^ ....w-I! l.f7/~f
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
~ Funding available: (YE NO
Funding alternatives (if applicable)
Account No. & Description~-~S-ç;1t...IP?"4-L. AE-N. CCNSTJ2.flAtJD~T~~
Account BalancejpÇJ~2ttÞÎ+ - p II-
City Manager Review:
Approved for agenda: B/NO r1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAViD T. HARDEN
CiTY MANAGER
FROM: WiLLiAM H. GREENWOOD ¡jtJ~¿f¡711f1
DiRECTOR OF ENViRONMENTAL SERViCES
DATE: FEBRUARY 17, 1994
SUBJECT: DELRAY BEACH TENNiS CENTER PHASE ii
FiNAL PAYMENT - FABRiCATiON PLUS
- - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - -
Attached is a request for final payment to the contract with
Fabrication Plus for architectural fencing at the Delray Beach
Tennis Center si te. The work has been completed and has been
accepted by both the Architect and City staff. Final payment to
Fabrication Plus is in the amount of $ 21,350.00. Funding is
available from the general construction fund, Tennis Center
Account #334-4145-572-63.42.
WHG:JA:kt
cc: Jose Aguila
File: 93-42 CD)
JADHF17.KT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJlt1
SUBJECT: AGENDA ITEM i ß' S - MEETING OF FEBRUARY 22. 1994
DEDUCTION OF MONIES/DEES CONTRACTING
DATE: FEBRUARY 18, 1994
This item is before the Commission to authorize deduction of
$6,522.64 from monies owed to Dees Contracting to reimburse staff for
paint overspray on cars, pay additional consulting fees and phone
charges which were incurred during construction of the Elevated
Storage Tank Rehabilitation.
During this contract period Dees failed to meet their contractual
obligations. Specifically, while painting the exterior of the tank,
paint overspray fell on automobiles in the parking lot and had to be
professionally removed¡ consultant charges were incurred for time
spent on the project after the contract time had expired; and charges
were incurred for City telephone usage.
Written notice to Dees and to the bonding company were provided as
required under the contract. Article 56 of the General Conditions
gives the City the right to deduct these monies from the remaining
$7,177.74 owed to Dees. The City Attorney has reviewed the action
and concurs.
Thus far Dees has refused to acknowledge and make payment to the
parties owed.
Recommend approval to deduct $6,522.64 from the $7,177.74 owed to
Dees Contracting.
.
AGENDA REQUEST
Date: February 17, 1994
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: February 22, 1993
Description of item (who, what, where, how much): Staff requests City
Commission to approve a deduction to the Contract monies owed Dees Contracting
Inc. for backcharges associated with the work on the Elevated Water storage Tank
Rehabilitation (90-01). Dees Contracting has not responded to requests by Staff
to pay for these Contractual obligations. The backcharges include paint
overspray on cars occurring while they were painting the tank exterior;
consultant (Post, Buckley, Schuh and Jernigan) time spent on the Project after
the Contract time had expired; and City telephone usage charges. The total
amount of monies remaining to be paid to Dees on the Contract amount of
$347,291.59 is $7,177.74. The request is made to deduct $6,522.64 from the
$7,177.74 to cover the backcharge amount. We have followed the procedures
outlined in the General Conditions of the Contract to allow for the backcharge
and not prejudice other rights under the Contract. Funding Source is
442-5178-536-61.79.
The remaining $655.10 will be retained until two rust spots on the underside of
the bowl are touched up. Dees has indicated that they will take care of these
at the one-year warranty inspection in April.
ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YE~
Recommendation: Staff Recommends deducting the monies from Dees to satisfy their
Contractual obligations. We have reviewed this Susan Ruby and she concurs with
this action.
Department Head Vj/~o--&~ z.. fr., f~ f in
Signature:
I I
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: BINO rt1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
Memorandum
To: David T. Harden, City Manager
Thru: William H. Greenwood, Director of Environmental services~~
From: Howard wight, construction Man~
Date:
February 17, 1994
Re: Elevated storage Tank (90-01)
Agenda request to deduct monies from Contract
Attached is an agenda request to deduct $6,522.64 from the total
amount owed Dees Contracting for the Elevated Water storage Tank
Rehabilitation (90-01) . The deductions are for Contractual items
that Dees is responsible for but refuses to acknowledge and make
payment to the parties owed. They include backcharges for paint
overspray on cars occurring while they were painting the tank
exterior; consultant (Post, Buckley, Schuh and Jernigan)
time spent on Project after the Contract time had expired; and
City telephone usage charges. The breakdown of these charges is
as follows:
Contract amount thru Change Order #3 $347,291. 59
less payment to date $-340,113.85
------------------------
Amount remaining to be paid on Contract $ 7,177.74
Less backcharges to Contract
Phone usage @ Env Svc - $ 115.42
Boca Auto Service (prev charges) - $ 810.00
Remaining cars w/overspray
(6 @ $275) - $ 1,650.00
P,B,S&J inspection fees after
5/29/93 - $ 3,947.22
------------------------
Remaining amount owed after backcharges $ 655.10
----------
----------
Staff has tried to get Dees to take care of these items since
last June. We have provided appropriate written notice to them
and the bonding company required under the Contract. Article 56
of the General Conditions gives us the right to deduct these
monies. Susan Ruby, city Attorney, has reviewed the action and
concurs. Deducting these monies does "not prejudice any other
right which the (City) may have under the Contract" such as the
warranty period.
The remaining amount of $655.10 will be paid after a couple of
small rust spots at rivets on the underside of the bowl are
.
painted. The rust spots were identified prior to Dees leaving
the Project last June. Dees has indicated that they will take
care of these at the one-year warranty inspection along with any
other warranty work identified at that inspection.
File: Memo to City Manager
90-01D
A:mem0900l
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of c~l.cion, .Ict..c.d d.livery, and -Ï 6. OIßID' S UCUT TO DO WOU
cau.. of d.1ay, L£ &aY.
Should the Coneractor a.,Lect to
If tb. co.,l.cion of &aY parc of eh. pro.ecue. th. work in conforsance vitt
work or the deliv.ry of ..cerials i. the Concrace Doc~tl or a.,lece or
behiad th. luÞ.icc.d pro,r.I' Ich.dule, r.fu.. ac bit ova co.c CO r..ov. &ad
che Concraccor .hall .uo.ic in vricial a replace work rej.ce.d by eh. EDlia..r.
pLaa accepeabl. co eh. Owner and ehaa ch. Own.r ..y nocify th. Surecy (
!aline.r for brinlinl the vork up co ch. condicion, and afc.r 10 day.'
Ich.du1.. vriecaa noeic. co ch. Concraceor and I
Sur.cy, or wichouc noeice if an
Th. Own.r .halL have the rilhc to .-arlency or dan.er to tb. vork or
wichhold prolr.l. par-ancI for ch. work public .dae., and vithouc prejudice I
if eh. Coaeraccor faill to updae. and &ay och.r rilhc wbicb eh. Own.r ..y bJ
luo.ic eh. prolr.11 Ich.dul. &ad report. UDd.r th. Concråct, or oeh.rwi.., ca.,
at .p.cified. ov.r chae pore ion oE th. work which hI
b..a i.,rop.rly or nonei..ly ...cuced,
'4. PROSECUTION or THE WORJC &ad aak. lood eh. d.ficiencie. and
d.duce cb. cOle ehereof fro. eh.
Ic il e.pre..Ly und.rleood aDd alr..d pa,..ae. ch.. or cb.reafc.r due eh.
ehac ch. ci.. of b.liaaial, rael af Coneraceor. ,.;
prolr..I, aad ei.. of co-,L.eion of the
work ar. che ....ac. of chi~ Coacracc. '7. OWD' S UCHT TO TUIISfa CtlLOnt!
Th. work .halL b. pro,.cuc.d ac luch
ci.., &ad ia or oa ,uch parc or parc' of If th. Concraccor .hould abandon che
Chi proj.cc a. ..y b. r.qu1red, co work or if b. Ihould p.rli.cencLy or
co.pl.c. ch. projecc a. cOGc.-pLac.d in repeac.dly r.fu.. or .houLd faiL eo .,
Ch. CoGcracc. Doc~e. aad Ch. prolre.. pr~e pa,..ne co Subconeraceor. for
.CÀ.duLe. ..c.rial or labor, or to p.rlitc.nelT
. d1Ir...rd lavI, ordinaac.I, or co
If ch. Concractor d..ir.. co earry on prol.cuc. the work in coalo~c. wiet
work ac ni&bc or ouc.id. che r.",lar eb. CoGcracC DoC~CI, or ocherwi.. t
houri, b. .haLl 11ve c18.1y Doeic. co ¡ul1ty of a lub.caaeial vioLacioD of ,
. Ch. !alin.er co allow laci.faccory pro.i.ioa of th. Coacracc or &ay lav.
i arranl...ac. co be -.de for obl.~ial ordiaaac., chen chI Own.r ..y, vieboul
ch. work in prolr.... pr.juAic. co &ay och.r rilhc or r...dJ
and afc.r .i.inl th. Concraccor aad
". OWD.' S UCHT to IltÅIJI IKfDlEcr S~recy 10 day.' VTieeaa nocic., traaal
WOU ch. ..,Lo,..nc for .aid work fro. ch.
Contraccor co cb. Surecy. Uponrec.t c
If aay par~ or por~ioG of chI work of .ucå aocice, .uch Surety .balL .nt.
I I co.,Llcld uad.~ chi, Concracc .halL upon ch. pr..i..a and cak. po.....ion
! . prove d.f.ccL.. and GOC ia accord4Gcl alL ..c.riaL., cool., and appLianc..
vieh th. Dravinl' &ad Sp.cificaeioa., chereoa for Ch. purpo.. of co.,lecinl
aadU ch. ,.,.rfecdoa in ch. ._ Cb. vark iaclud.d und.r thi. Coneract
.hall aoc·b. of .uffLcienc ..,nicud. or aad ..pLoy, by Coneract or oth.rwi.e,
L.,orc&ac. al co .ak. Ch. work d&alerou. aay qualifi.d p.rlon or p.rlona co
I or unluieabl., or if ch. r..oval of luch fini.b cb. work and provide che
work vilL cr.ac. condicion. whicb are ..elriala eb.refor, in accordanc. vitI
danllrou. or uad..irabLe, ch. Owner thl Coneracc Documents, vithouc
sbalL have cbe rilhe &ad auchoriey co c.~inacioa of the coneinuin, full fo'
r.e.ia .ucb vork bue viLL aake luch and eff.ct of chi. Contrac:. In c:....
d.duction. ia Ch. fiaal pa,..ne ch.rlfor .uch cranlflr of .mplo~ent to .uch
a. "7 b. jUlc and re..onabl..
, ,
;"'Î 14 CENERAL CONDt!IONS
,;:ft JAlI L988
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ENVIRONMENTAL SERVICES DEPARTMENT 434 SOUTH SWI~CfJ . DEL RAY REACH. ::':~::'33444
407/ . IELECOPIEF1: 407/243-7060
DELRA Y BEACH
, L 0 . P A
ItIa:d . f:~
AII.America Cit'
I "lit
1993 January 18, 1994
i Mr. James E. Dees, President via CERTIFIED MAIL
i Dees contracting, Inc.
2001 Mills B Lane Blvd
Savannah, Ga 31405
I Re: Elevated Water storage Tank Rehabilitation (90-01)
\ Contract closeout
Dear Mr Dees:
We received your response letter via fax regarding the above on
December 29, 1993. We do not concur with your responses to the
backcharges addressed in our Dec~mber 17, 1993 letter other than
the phone usage charge.
I Prior to the remedial exterior painting of the tank an area
adjacent to the tank was defined by Dees Contracting where cars
I were not to park while painting was in progress. Notices were
sent to the EnvironmentaJ. Service employees based on these
parameters. On a daily ba~is any cars in the area designated by
! your company were asked to move their cars prior to start of the
I exterior painting. The cars that received the overs pray were not
I parked in the designated area.
I Per Change Order #3, which you acknowledged and signed, it was
j agreed that you would "pay the city $535.00/calendar day to cover
¡ actual damages for cost of inspection/contract administration
incurred by the city" after May 29, 1993. The Project was
completed on June 8, 1993 or ten (10) calendar days for $5,350.00
I in damages. Post, Buckley, Schuh and Jernigan, Inc. only
I invoiced their costs from June 1-8 in the amount of $3,947.22.
City staff time was also spent during this period. The actual
costs of PBS&J are the only charges being assessed against your
Contract.
"
In your response letter of 12/29/93 you did not address the
couple of small rust spots under rivet heads on the underside of
I
¡
I
. ! THE EFFORT ALWAYS MATTERS
.
\ ~
..
the tank bowl. It was discussed with your field supervisor, Jack
Beasly, on June 8, 1993 by the PBS&J Project Inspector, Gary
Pet tries. The discussion was noted on Mr. pettries' daily
inspection report. These will have to be corrected prior to
final payment to you.
In the letter there is no acknowledgement to fulfill your
obligations on any of the items in question other than the phone
charges. Because of~this the City has no choice than to exercise
our right under Article 56 of the General Conditions. We will
deduct monies due on your Contract to fulfill these obligations.
Per Article 56, it is done "without prejudice to any other right,
which the owner may have under the Contract".
The fOllowing represents the actions that the City will take:
Contract amount thru Change Order #3 $347,291.59
less previous payments to date - $340,113.85
--------------------
Amount remaining to be paid on Contract $ 7,177.74
Less deductions from the Contract
Phone usage @ Env Svc - $ 115.42
Boca Auto Service - $ 810.00
Remaining cars (6ea @ $275.00) - $ 1,650.00
P,B,S & J inspection fees after
5/29/93 - $ 3,947.22
-------------------
Remaining amount due on Contract $ 655.10
---------
---------
We have also not received a copy. of the release for the "Notice
of Levy" from the IRS to your firm. Per our conversation on
12/14/93 and 1/11/94 you stated that this levy had been settled
and that you would fax or mail me a copy of the release.
S/?,þ'
R. Howard Wight,
Construction Manager
File: .
90-01A
David Tolces, Assistant City Attorney
Ralph Hayden, City Engineer
William H Greenwood, Director of Environmental Services
Jenifer Mihalkanin, Attorney-in Fact, National American
Insurance Company via CERTIFIED MAIL
5550 W. Touhy, suite 400
Skokie, Il 60077
J. Richard Voorhees, P.E., PBS&J
.
(!>co ,
1 Dees (~oJttracting, Inc. ~
P. O. Box 5S,t - Savannah, GA 31402
(9121233-3282
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ENVIRONMENTAL SERVICES DEPARTMENT 4:M SOUTH RWINTON AVENUE. Dr:IJ1AY !IFACt I. nORIOA 3: ~4-1
407/243-7300 . 1 EI.ECOPIEn: 407/2-13·7U60
DELRAY BEACH
f l 0 I I D A
tIad
] ;rill!
1993
December 17, 1993
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I Dees, President via CERTIFIED HAIL
Mr. James E.
1 Deels Contracting, Inc.
2001 Mills B Lane Blvd
Savannah, Ga 31405
Re: Elevated Water Storage Tank Rehabilitation (90-01)
Contract closeout
I
,[ Dear Mr Dees:
.
! From the completion of the Project in June and up to a month and
a half ago you made several appointments to come to Delray to
I discuss closing out the above Contract. On each occasion you did
I not respond to the appointment da~e.
\
For the last month and a half I have made numerous phone calls to
your office in Savannah. I was told by your office that you were
not in but would return the c~Ü I. You did not return my call
,. until December 15, 1993.
, .1
'I Several items are remaining to be resolved before your contract
! can be closed out. The items include Contract backcharges for
,.0 J paint overspray on cars caused by your work, consultant
. I 1 backcharges and telephone usage charges. Also needing to be
\ resolved is the couple of small rust spots under rivet heads on
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'!' the underside of the tank bowl. Additionally, Change Order #3
i' which you previously signed but did not seal needs to be returned
I
: I to the city for execution.
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,IR THE EFFORT ALWAYS MATTERS
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The following represents a draft of the final accounting of the
Contract:
,.¡ Contract amount thru Change Order #3 $347,291. 59
less previous payments to date - $340,113.85
--------------------
Amount remaining to be paid on Contract $ 7,177.74
Less backcharges to Contract
Phone usage @ Env svc - $ 115.42
Boca Auto Service - $ 810.00
r Remaining cars (6ea @ $275.00) - $ 1,650.00
P,B,S & J inspection fees after
5/29/93 - $ 3,947.22
-------------------
Subtotal amount due Dees contracting $ 655.10
---------
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We have also received a "Notice of Levy" from the IRS to your
firm. Per our conversation yesterday, you stated that this levy
1 had been settled and that you would fax or mail me a copy of the
release.
It is the City's intent to amicably closeout the Project based
on your Contractual obligations. Your nonresponsive actions are
causing hardships for the various parties associated with the
above backcharges. The City has given you reasonable time to
resolve/respond. Per our conversation yesterday it still appears
you are not willing to cooperate in the amicable closeout of this
Project.
This letter is being sent CERTIFIED MAIL to you with a copy to
your Surety. If you do not prosecute the work based on the above
issues within 10 days from receipt of the letter we will
exercise our right under Article 56 of the General Conditions of
the Contract and deduct monies due on your Contract to satisfy
your Contractual obligations.
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File: 90-01A
David Tolces, Assistant city Attorney
Ralph Hayden, city Engineer
) William H Greenwood, Director of Environmental Services
! Jenifer Mihalkanin, Attorney-in Fact, National American
Insurance Company via CERTIFIED MAIL
5550 W. Touhy, suite 400
Skokie, II 60077
, I J. Richard Voorhees, P.E., PBS&J
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~~1
SUBJECT: AGENDA ITEM i F Jr - MEETING OF FEBRUARY 22. 1994
SERVICE AUTHORI ZATION NO. 9/PROFESSIONAL ENGINEERING
CONSULTANTS. Inc.
DATE: FEBRUARY 18, 1994
This item is before the Commission to approve Service Authorization
No.9 in the amount of $187,407.00 to the contract with Professional
Engineering Consultants, Inc. for engineering services in conjunction
with the design and construction of the Northeast Storage Tank and
Booster Pump Station. The scope of services for this agreement
includes preliminary and final design, bidding and negotiation, and
construction administration for the proposed facility.
This project is being developed in accordance with the recommenda-
tions of the City's water distribution master plan, and will be
funded from the 1993 Water and Sewer Revenue Bond N.E. Storage Tank
(Account No. 440-5179-536-63.54).
Recommend approval of Service Authorization No. 9 in the amount of
$187,407.00 to the contract with Professional Engineering Consul-
tants, Inc.
.
Agenda Item No.1
AGENDA REQUEST
Datel 02/14/94
Request to be placed ani
XX Regular Agenda
Special Agenda
Workshop Agenda Whenl 02/22/94
Description of item (who, what, where, how much) I Staff requests Commission
approval of Service Authorization #9 for Professional En~ineering
Consultants, Inc. in the amount of $187.407.00 for en~ineering design
and construction administration services for the proposed 0.5 MG
NorrhpaHt Storage Tank and Pump Station, PN 93-031). This project
i~ hpine dpvplo~ed in R~~ordance with recommendationH in the City's
water d~stribut~on master plan. and will be funded from account no.
440-5179-536-63.54. 1993 Water & Sewer Revenue Bond.
ORDINANCE/RESOLUTION REQUIREDI ~/NO DRAFT ATTACHED ~
Recommendationl Staff recommends approval of Service Auth. fl9 for
Professional Engineering Consultants. Inc. ~
Department Head signaturel
Determination of Consistency with Comprehensive Plan!
City Attorney Review/Recommendation (if applicable)
Budget D~rector Review (~red on all items involving expenditure of funds) I
Funding available! YE NO
Funding alternatives (if applicable)
Account No. & De,:,criPtio~·-5If1-~.ß-£:f 'Cf3 v\l7s f!l;tW Ne.. 5TOM6eTMlK.
Account Balance V;;;sA¡q t .
City Manager Review! .
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Approved for agendal @/NO gt¡v1
Hold Until!
Agenda Coordinator Reviewl
Receivedl
Placed on Agendal
Actionl
Approved/Disapproved
MEMORANDUM
TO: David T. Harden ~
City Manager
FROM: Richard C. Hasko,
P.E.
Deputy Director of Public utilities
SUBJECT: P.E.C. SERVICE AUTHORIZATION No. 9
0.5 MG NORTHEAST STORAGE TANK
PN: 93-035
DATE: February 14, 1994
Attached please find an agenda request and a copy of Service
Authorization No 9 for Professional Engineering Consultants,
Inc. for performance of engineering services in conjunction
with the design and construction of the proposed 0.5 mg
Northeast Storage Tank and Pump station on N.E. 3rd Avenue.
The scope of services for this agreement include preliminary
and final design, bidding and negotiation, and construction
administration for the proposed facility.
The consultant's initial proposal for this work totaled
$205,172.44, including survey, soils and other subconsultant
costs. Staff negotiations with the consultant resulted in
the submittal of the revised current proposal in the total
amount of $187,407.00.
This project is being developed in accordance with the
recommendations of the City's water distribution master
plan, and will be funded from account #440-5179-536-63.54,
1993 Water & Sewer Revenue Bond.
RCH/jem
cc: William H. Greenwood, Director of Env. Svcs.
victor Majtenyi, Construction Manager Tech.
93-035 (D)
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PROFESSIONAL ENGINEERING CONSULTANfS, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION No.9
DATE:
SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
.
PROJECT NO.:
CITY OF DELRAY BEACH PEC DB-IO/l.O. 2.0 and 3.0
TITLE: NORTHEAST STORAGE TANK AND BOOSTER PUMP STATION DESIGN AND
CONSTRUCTION PHASE SERVICES
This service authorization, when executed, shall be incorporated in and shall become an integral part of
the Contract, Dated December 4, 1991, by and between the City of Delray Beach and PEC.
I. PROJECT DESCRIPTION
The objective of this assignment is to provide construction plans, specifications and related bidding
documents for the construction of a new 0.5 MG Ground Stroage Tank: and Booster Pumping Station (N.E.
Storage Tank:) for the City of Delray beach. The development of this assignment consists of three primary
activities: preliminary design, final design and construction administration. The preliminary design will
include collection of pertinent data, coordinate geotechical investigation and survey work, determine
location of existing utilities, visit proposed site, prepare an architectural schematic of tank and building,
contact jurisdictional agencies and prepare preliminary drawings. The final design will include preparation
of contract drawings and specifications (using City of Delray Beach Standard General Conditions), submit
permit applications, and prepare a final cost estimate. Construction administration will include bidding and
award of the contract and construction services such as preconstruction and monthlyproject meetings,
intermittent site visits, review of shop drawings, field questions and construction problems, prepare field
orders, work directive and change orders as required and provide substantial and final inspections.
II. SCOPE OF SERVICES
Task I - Preliminary Desien
Prepare preliminary engineering data, design and drawings and contact jurisdictional agencies.
Task II - Final Desi~n
Preparation of Contract Documents including drawings and specifications.
Task III - Construction Administration
Preparation of bidding documents and distribution to prospective bidders, and assist in evaluation
and award of construction contracts. Assist the City RPR in administration of the construction
contract.
Detailed Scope or Services is included in Attachment "A".
- 1 - P-3166
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CONSULTING SERVICE AUTHORIZATION No.9
Continued
III. BUDGET
The following services shall be paid on the basis of the following methods in accordance with the
Contract Agreement, the total not to exceed $187,407.00 without further authorization from the City:
.
Activity Basis of Payment Budget
Task I - Preliminary Design Lump Sum $ 19,440.08
Phase II - Final Design Lump Sum 82,034.28
Phase III - Construction Administration Hourly 85.932.64
TOTAL BUDGET: $ 187.407.00
(This Authorization)
Detailed Manhour and Budgets are included in Attachment fiB".
The Consultant shall be reimbursed for additional services not included in the above basic fees, such as but not
limited to: special permitting, additional printing, property surveys, and resident services during construction, not
to exceed an amount of Seven Thousand Dollars ($7,000). These additional services shall be approved by the City,
in writing, on an item per item basis.
IV. COMPLETION DATE
The N .E. Storage Tank and Booster Pump Station final design shall be completed within 140 days from
Notice to Proceed (or from receipt of City provided information as requested).
This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion
of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City
in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City
may terminate the contract without incurring any further liability.
- 2 - P-3166
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CONSULTING SERVICE AUTHORIZATION No.9
Continued
APPROVED BY THE CITY OF PROFESSIONAL ENGINEERING
DELRA Y BEACH ::~~I¿~
_DAY OF .1994
Tom R. Kelle P E.
Type or Print
'Date: 1-I;-..q1 (SEAL)
CITY OF DELRA Y BEACH, a municipal
corporation of the STATE OF FLORIDA ATTEST:
BY: . 1-'.
MAYOR B ( O~ ME, the foregoing instrument, this I ()-, I day of
- Lt/),^-- , 1994 was acknowledged by Tom R. Kelley.
P E( ,
ATTEST: ,
a duly authorized officer of Professional Enllineerin~
Consultants. Inc.
BY: on behalf of the Corporation and said person executed the same free
and voluntarily for the purpose therein expressed.
APPROVED AS TO FORM:
BY: WITNESS my hand and seal in the County and
City Attorney State aforesaid this I d 1- !ìa'y of ~'^- , 1994.
Notary Public
State of Florida
My Commission Expires: C~ÛH Ly¡J R.lYìadJ fJ
CAROLYN R. MADDOX
NOTARY My Comm Exp. 12/01/96 (SEAL)
';. I1l1BLIC ~ Bonded By Service Ins
~ OF f\.oQ;: ~CC242519
sNIy KtwI IJøu.u
- 3 - P-3166
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f1L1
SUBJECT: AGENDA ITEM it <?U - MEETING OF FEBRUARY 22. 1994
AWARD OF BIDS AND CONTRACTS
DATE: FEBRUARY 18, 1994
This is before the Commission to approve the award of the following
bids and contracts:
1. Bid Award - Multiple contracts for housing rehabilitation
to the following low bid contractors: Ray Graeve Construc-
tion (202 1/2 S.W. 13th Avenue) in the amount of $20,000
and (620 Lake Ida Road) in the amount of $20,OOO¡ South
Florida Construction (234 S.W. 11th Avenue) in the amount
of $11,427¡ with funding from Community Development Block
Grant Housing Rehabilitation (Account No. 118-1963-554-
49.19) .
.
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: FEBRUARY 14, 1994
Regular Agenda
Special Agenda
Workshop Agenda
xxx Consent Agenda When: FEBRUARY 22, 1994
Description of item (who, what, where, how much):
CASE' ADDRESS GRAlfT AMOUNT
92-025HR 202 1/2 S.W. 13TH AVENUE $20,000.00
91-036HR 620 LAKE IDA ROAD $20,000.00
91-020HR 234 S.W. 11TH AVENUE $11,427.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT
AWARDS FROM ACCOUNT #118-1963-554-49.19 GRANT AMOUNT INCLUDES
CONTINGENCY.
(Example: Recommend approval with funding from Special Events
Account No. OOl-3333-555-44.5~ . . /7 <? _. _
Department Head Signature: /. '&/ ~ ~
City Attorney Review/ Reco~ndation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available:~NO
Funding alternatives: . (if ~C~le)
Account No. & Descriltion: Æ3-¡1b3 -56>4¥'1--/q· UglJ6¡ ~
Account Balance: I ~,oq~.
City Manager Review:
Approved for agenda:~/NO Z1?1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
.
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT
DATE: FEBRUARY 14, 1994
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES
HOUSING REHABILITATION GRANT AWARDS
ITEM BEFORE THE COMMISSION
This is to request approval for three Housing Rehabilitation
Grant Awards. This request is in accordance with the City's
Community Development Division's approved Policies and
Procedures.
BACKGROUND
The grant award is based on the actual cost of the rehabilitation
as determined by the low bidder plus a 5% contingency. The
contingency may be used for change orders. All unused funds
remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community
Improvement's Building Inspection and Community Development
Divisions. Contracts are executed between the building
contractor and the property owner. The City remains the agent
and this office monitors all work performed by the contractor
ensuring compliance according to specifications and program
guidelines. Pay Request forms require both contractor and
homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies
and Procedures.
The rehabilitation activity will bring the homes to minimum code
requirements by repairing roofs, electric and plumbing systems
and correcting other incipient code violations. Detailed work
write-ups and individual case file are available for review at
the Community Development Division Office.
The Contract Award and Bid Summary sheets are attached for your
reference.
RECOMMENDATION
Staff recommends Housing Rehab Grants be awarded for the
following:
Case# Address Grant Amount
92-025HR 202 1/2 S.W. 13th Ave. $20,000.00
91-036HR 620 Lake Ida Road $20,000.00
91-020HR 234 S. W. 11th Ave. $11,427.00
HR2
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ~
FROM: Ted Glas, Purchasing Officer 1f /f'
DATE: February 15, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 22, 1994 -- BID AWARD - BID *94-28
HOUSING REHABILITATION PROGRAM
ACTION
The City Commission is requested to award multiple contracts for housing
rehabilitation to low bidders as listed below.
BACKGROUND
The Community Development Division handles and processes their formal bids
on housing rehabilitation projects, with funding from their housing
rehabilitation budget.
Property Contractor Amount
202 1/2 SW 13th AVE RAY GRAEVE CONSTRUCTION $20,000.
620 LAKE IDA ROAD RAY GRAEVE CONSTRUCTION $20,000.
234 SW 11th AVE SOUTH FLORIDA CONSTRUCTION $11,427.
The Community Development Coordinator and the Director of Community
Improvement have reviewed the bids, and recommend award to the above
stated low bid contractors.
RECOMMENDATION
The Purchasing Officer concurs with the recommendation to award to the low
bidders as stated above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
c: Lula Butler
.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 94-..2.B.HR
APPLICANT: Eula M. Byrd
APPLICATION #: 91-020HR
PROJECT ADDRESS: 234 Southwest 11th AVenue
DATE OF BID LETTERS: January 24, 1994
DATE OF BID OPENING: February 4, 1994
NAME OF CONTRAC~ORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $
B & JR CONSTRUCTION $
ARTHUR BADALOO $ NO BID
CHARLES JACKSON $
CSB CONSTRUCTION $ NO BID
INTERCONTINENTAL CONSTRUCTION CORP $ $13,925.00
HENRY HAYWOOD $
HUMMERT CONSTRUCTION $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PRESTON CONSTRUCTION $
RAY GRAEVE CONSTRUCTION INC. $ $11 , 7 R '} . 00
SOUTH FLORIDA CONSTRUCTION $ $10,883.00
IN - HOUSE ESTIMATE: $ 12,025.00
CONTRACTOR AWARDED CONTRACT: SOUTH FLORIDA CONSTRUCTION
BID/CONTRACT AMOUNT: $ 10,883.00
COMMENTS: LOW BID
BIDFORM/PGl
'.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID t: 94- 28hr
APPLICANT: Bernice Tyson
APPLICATION I: 92-025HR
PROJECT ADDRESS: 202 1/2 S.W. 13th Avenue
DATE OF BID LETTERS: January 24, 1994
DATE OF BID OPENING: February 4, 1994
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $
B & JR CONSTRUCTION $
ARTHUR BADALOO $ NO BID
CHARLES JACKSON $
CSB CONSTRUCTION $ NO BID
INTERCONTINENTAL CONSTRUCTION CORP $ 23,650.00
HENRY HAYWOOD $
HUMMERT CONSTRUCTION $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PRESTON CONSTRUCTION $
RAY GRAEVE CONSTRUCTION INC. $ 19,505.00
SOUTH FLORIDA CONSTRUCTION $ 19,862.00
IN - HOUSE ESTIMATE: $ 20,000.00
CONTRACTOR AWARDED CONTRACT: RAY GRAEVE CONSTRUCTION. INC.
BID/CONTRACT AMOUNT: $ 19,505.00
COMMENTS: LOW BID
BIDFORM/PGl
'.
· -
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 94- 28HR
APPLICANT: Eula Mae Johnson
APPLICATION #: 91-036HR
PROJECT ADDRESS: 620 Lake Ida Road
DATE OF BID LETTERS: January 24, 1994
DATE OF BID OPENING: February 4, 1994
NAME OF CONTRAGTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $
B & JR CONSTRUCTION $ .-.,.
ARTHUR BADALOO $ NO BID
CHARLES JACKSON $
INVALID BID
CSB CONSTRUCTION $ 19,860.00 NO BID BOND CHECK
INTERCONTINENTAL CONSTRUCTION CORP $ 23 , 675.00
HENRY HAYWOOD $
HUMMERT CONSTRUCTION $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PRESTON CONSTRUCTION $
RAY GRAEVE CONSTRUCTION INC. $ 19, 11 0 . 00
SOUTH FLORIDA CONSTRUCTION $ 19,560.00
IN - HOUSE ESTIMATE: $ 20,000.00
CONTRACTOR AWARDED CONTRACT: RAY GRAEVE CONSTRUCTION INC.
BID/CONTRACT AMOUNT: $ 19,110.00
COMMENTS: LOW BID
BIDFORM/PGl
'.
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f?v1
SUBJECT: AGENDA ITEM i qA - MEETING OF FEBRUARY 22. 1994
REV I EW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS
DATE: FEBRUARY 18, 1994
This item is before the Commission for acceptance of the report of
decisions made by the various development related boards during the
period February 7 through February 18, 1994. The following actions
were considered during this reporting period:
Site Plan Review and Appearance Board Meeting of February 9, 1994:
1. Approved 6-0, with conditions, a change in elevations for
Bi-Lo Grocery Store, located on the south side of Atlantic
Avenue, between S.W. 9th Street and S.W. 10th Street.
Also, denied 4-2 a motion to require removal of an existing
sidewalk on the property.
2 . Approved 4-2, with conditions, the proposed elevations for
the addition of a modular building at Sherwood Pontiac,
located on the west side of South Federal Highway, north of
Avenue "F".
Historic Preservation Board Meeting of February 16, 1994:
X. Approved 6-0 a Certificate of Appropriateness for
renovations to an existing single family residence at 117
N.E. 7th Street.
I
. .....j/
~. \
Z'7'f
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVI: T. \E~AGER
~~~!
THRU: DIANE DOMI EZ, INC t;L PLANNER
DEPARTMENT F LA ING ~
- ß~- I . ..,...
FROM: , ASSISTANT PLANNER
.. -_.
SUBJECT: MEETING OF FEBRUARY 22, 1994
REPORT OF APPEALABLE LAND USE ITEMS
FEBRUARY 7, 1994 THRU FEBRUARY 18, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is review of
appealable actions which were made by various Boards during
the period of February 7, 1994, through February 18, 1994.
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 February 22, 1994
Page 2
PLANNING AND ZONING BOARD SPECIAL MEETING OF FEBRUARY 14, 1994:
The Board did not consider any appealable items at the special
meeting. However, the Board considered the following items,
which will be forwarded to the City Commission for final action:
* Accepted the Infrastructure Hearing Report.
* Recommended to the commission approval of items to be
included with the initiation of Comprehensive Plan
Amendment 94-1.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF FEBRUARY 9,
1994
A. Approved (6 to 0) , with conditions, a change in
elevations for Bi-Lo Grocery Store, located on the
&,ùrM ~ side of Atlantic Avenue, between SW 9th Street
and SW 10th Street. Also, denied (4 to 2) a motion to
require removal of an existing sidewalk on the
property.
B. Approved (4 to 2) , with conditions, the proposed
elevations for the addition of a modular building at
Sherwood Pontiac, located on the west side of S.
Federal Highway, north of Avenue "F".
Additionally, the Board postponed consideration the following
items:
* Proposed sign for Citibank, located in the Hamlet
Shops, 4071 W. Atlantic Avenue.
* Proposed change of elevations for Citibank, located in
the Hamlet Shops, 4071 W. Atlantic Avenue.
HISTORIC PRESERVATION BOARD MEETING OF FEBRUARY 16, 1994
x. Approved (6 to 0) a Certificate of Appropriateness for
renovations to an existing single family residence at
117 NE 7th Street.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
. .-
LOCATION MAP FOR
CITY COMMISSION MEETING
OF FEBRUARY 22. 1994
L-:sG CANAL
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L-38 CANAL
CIJY LIMITS -.-.-.-.-.. S.P.RAB. : H.P.B. :
I 1oIIL£ I A. - BI-LO GROCERY X. - 117 N.E. 7TH STREET
I B. - SHERWOOD PONTIAC
SCALf
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CI1Y OF" DE1..RAY BEN:H. FL
PlAANINC DEPARTMENT
,
,
.
.
[IT' DF DELAA' IEA[H
DELRA Y BEACH
f lOll 0 .\ 100'\J W. 1st AVENUE
....... . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AII·America Ci, MEMORANDUM
'11It
David T. Harden, City Manager
TO:
1993
FROM: ~ert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item # ~ti City Commission Meeting 2/22/94
Approval for Resolution #10-94 and Purchase Contract
for s.w. Park Site
DATE: February 14, 1994
ACTION
City Commission is requested to approve Resolution No. 110-94
and the Contract For Sale and Purchase of Real Property from
Norman and Carolyn Blood for an approximate 5.93 acre site, to
be utilized as a City park in conjunction with School Site "S."
The contract price is $105,000 per acre (total $622,650) and is
to be funded from Recreation Impact Fees.
BACKGROUND
At your meeting on 11/9/93, City Commission delayed action on
this item pending final action by the School Board on the
purchase price for School Site "S." In addition, Commission
requested information analyzing value given by the City for
improvements which would benefit the Blood's property versus
value received for easements received by the city. A revised
contract with a cost benefit analysis was then presented to
Commission on 1/25/94. Commission rejected the proposal for
purchase at $110,000 per acre, indicating they still felt the
price was too high. Also questioned was the cost benefit
analysis. Staff was requested to revise the analysis in view of
discussions and to try to obtain an agreement for a lower
purchase price.
Staff reviewed and prepared a new cost/benefit analysis under
two different assumptions:
1) No -consideration for future development on the balance
of the property - minimum needs for school.
2) Minimum improvements considering future development.
The previous analysis contained cost/benefit information for the
Germantown Road realignment and lift station and force main, as
well as, gravity sewer line easements.
@ Ponied on Recycled Paper THE EFFORT ALWAYS MATTERS
.
,
.
Agenda Item ,
Resolution '10-94
Page 2
The argument has been made that the Germantown Road realignment
could possibly be shifted east. Thus eliminating benefit to the
Bloods. It is also noted that the road realignment was proposed
by staff for better traffic flow and was not needed by the
Bloods. These arguments, in my view, are both valid, thus, road
realignment value has been removed from the evaluation.
Also, it is noted that the contract is now written so that
future developers will reimburse the City their share of the
cost for the lift station. Although the City up fronts the
design and construction costs, we will be reimbursed for our
costs later. Thus, there is no dollar value passed on to the
Bloods for the lift station, only the value of having the lift
station in place prior to development.
In reviewing both options, staff feels that assumption '2, from
an overall planning perspective, is the best scenario to
pursue. Under this scenario, at values indicated, the City
benefits at a value of approximately $23,000.
The School Board agreed to an amended purchase contract at
$107,500 per acre and have begun to work on a site plan with our
staff. The School Board and the City have already completed
topographical surveys, tree surveys, and a flora and fauna
study. The tentative closing date is set for mid April - the
School Board is proposing to be under construction by mid
August, 1994.
Per our agreement with the School Board, we still need to
process the annexation, zoning and conditional use applications
for both properties. In addition, we will need to complete
water, sewer and road design work so that construction can take
place simultaneously with the construction of the school.
RECOMMENDATION
In view of the appraisals completed for the School Board and
City (average of $105,750) , the revised cost benefit analysis
and the need to move forward, recommend approval of resolution
'10-94 and the proposed purchase agreement.
RAB:kwg
,
·
BLOOD'S PROPERTY
Cost Benefit Analysis
ASSUMPTION '1 - No Consideration Future Development Balance of
Property
Assuming that we did not consider the balance of the Blood's
property, we would still be required to provide water and sewer
serv ice to the school and park site. The water line would need
to be of sufficient size to provide service and fire protection
to the school, which would require looping. This theoretically
could be done on City and school property, and would not service
any other site. In order to provide the school site with sewer
service a lift station and force main would also need to be
constructed due to the distance and depth of the nearest sewer
line. This also theoretically could be constructed entirely on
our site and would only service the school and park sites. As
the balance of the property is developed, the developer would
have to provide easements, ROWand install all improvements.
Advantages
1. Lower construction costs for the City
Disadvantages
1. Higher maintenance and electric costs due to the need for
additional lift stations as property develops.
2. Redundant looping of water line adds construction costs that
serve no other facility but the school.
Value
Under this assumption all value comes to the City, i.e., none of
our construction (physical improvements) benefits the balance of
the Blood's property.
Value
-
Closing Costs $ 75,000
Germantown Road Easement (Fire Station) $ 63,000
Total $138,000
Easement values figured on $105,000 per acre.
I
Blood's Property - Cost Benefit Analysis
Page 2
ASSUMPTION 12 - Minimum Improvements - Consideration Future
Development
Assuming we would plan our improvements taking into account
future development needs, the scenario would be different. The
water line would be constructed north to south through the
property (10"-12") line and tie in with the dead end system in
Delaire. This proposal would properly service the school site
and provide fire protection, would provide a backbone for future
development, and would improve flow and fire protection in
Delaire. Easements would be needed on the balance of the
Blood's property and in Delaire. A conservative assumption for
easement needs would be that part of the line is constructed on
City and School Board property - (no easement needed) and the
balance on the Blood's and Delaire properties (easements needed).
The lift station and force main would be constructed and sized
to provide service not only to the school and park but also for
the balance of Blood's property, Taheri's property, and Foxe
Chase in the event of possible future annexation scenario.
At the time of the school development, we would need a lift
station site and easements for a force main with construction to
be completed at the same time the school is built. Other sewer
line easements to service the balance of Blood's property,
Taheri's property and Foxe Chase would be provided by the
developer at the time of development. The proposed contract
with the Blood's is written so that developers would pay, in the
future, their fair share of the lift station and force main
costs. Thus value given by City for lift station and force main
will be recouped in the future.
Advantages
1- Proper planning for future development which reduces future
operating costs, i.e. , one lift station versus 4 or 5.
2. Strengthens fire flow for entire system.
Disadvantages
l. Higher up front construction costs.
Value Calculations
Value Given to City (Seller)
A. Closing Costs $ 75,000
B. Germantown Road Easement (Fire Sta.)(.6 acres) 63,000
C. Water Line Easement ( .62 acres) 65,100
$203,100
(No value received for lift station site and force main
easement due to requirement to provide by developers in the
the future)
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Blood's Property - Cost Benefit Analysis
Page 3
Value Given By City (Buyer)
A. Water Line Costs $180,000
(No value given lift station force main construction due
to future off-set from developer)
Value + for City $23,100
Easement Calculations
Water Line
Balance Blood's property 1800 L.F. xIs' = 27,000 sq. ft.
.62 acres x $105,000 = $65,100
Germantown Road
.6 acres x $105,000 = $63,000
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I
RESOLUTION NO. 10-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY,
FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS
FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE
CITY OF DEL RAY BEACH, FLORIDA.
WHEREAS, the City of De1ray Beach, Florida, wishes to acquire
certain property located south of the intersection of Germantown Road and
Linton Boulevard for the purpose of providing a municipal park; and
WHEREAS, the Sellers hereinafter named desire to sell the
property hereinafter described to the City of De1ray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach,
Florida, to purchase said property for the purpose described above.
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 De1ray
Beach, Florida, as Buyer, hereby agrees to purchase from Norman W. Blood,
Jr. and Carolyn Blood, as Sellers, land for use as a municipal park for
the purchase price of Six Hundred Twenty-Two Thousand Six Hundred Fifty
and DO/Dollars ($622,650.00), and other good and valuable consideration;
said parcel being more particularly described as follows:
Approximately 5.93 acres of the Northwest quadrant of
property commonly known as Blood's Grove for a park site,
more specifically described as that part of Section 25,
Township 46 South, Range 42 East, Palm Beach County,
Florida, commencing at the Northwest corner of the Plat
of Foxe Chase, according to the plat thereof recorded in
Plat Book 38, Pages 1 and 2, of the Public Records of
Palm Beach County, Florida; thence South 1 degree 07'33"
East, along the west line of said Plat of Foxe Chase,
272.79 feet to the Point of Beginning; thence continue
South 1 degree 07'33" East, along said west line, 435.00
feet; thence South 88 degrees 52'27" West, 500.00 feet;
thence North 1 degree 07'33" West, 360.00 feet; thence
North 43 degrees 52'27" East, 212.13 feet; thence North 1
degree 07'33" West, 197.79 feet; thence North 88 degrees
52'~7" East, 150.00 feet; thence South 1 degree 07'33"
East, 272.79 feet; thence North 88 degrees 52'27" East,
200.00 feet. to the said Point of Beginning.
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. _.- --- ~ .-- ..._,
- ---.--...-. ,---'"- -----_..~----_.__.-._,--,--_._.... --" - ----".. ,--..--.-
Section 2. That the costs of closing and transactions, title
insurance, document preparation and attorney's fees shall be borne by the
City of Delray Beach, Florida.
Section 3. That the terms and conditions contained in the
Contract for Sale and Purchase of Real Property, and addenda thereto,
between the City of Delray Beach, Florida, and the Sellers as
hereinabove named are incorporated herein.
PASSED AND ADOPTED in regular session on this the 22nd day of
February, 1994.
~E~L..
, MAY 6Y'R
ATTEST:
() IJMn~k liP Jk¡~
ity Cle k
- 2 - Res. No. 10-94
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CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY
COME NOW, the parties NORMAN W. BLOOD, JR. and CAROLYN
BLOOD of Palm Beach County, Florida (hereinafter referred to as
the "SELLER") and the CITY OF DELRAY BEACH, FLORIDA, a munici-
pali ty of the State of Florida located in Palm Beach County
(hereinafter referred to as "BUYER") and hereby agree that the
SELLER shall sell and the BUYER shall buy the following
interest in real property upon the following terms and
conditions which are as follows:
1. SELLER agrees to convey in fee simple title to real
property located in Palm Beach County, Florida, (hereinafter
referred to as "Property") being described as follows:
See Exhibit A "Legal Description" attached hereto.
2. SELLER further agrees to grant, upon demand by BUYER,
a deed with the right of reverter for a certain portion of its
property as depicted in Exhibit "B" for road right-of-way
purposes. The property shall revert to the SELLER, their heirs
or assigns upon abandonment of the road right-of-way. The deed
of conveyance shall include this reverter right. This para-
graph is intended to and shall survive the closing.
3. SELLER agrees to convey, upon demand by BUYER, for
public road right-of-way purposes the property depicted on
Exhibi t "C". This conveyance is considered a donation as the
SELLERS are not being compensated for this parcel. This
_paragraph is intended to and shall survive the closing.
'22.,~í'(),Oc;
4. PURCHASE PRICE: BUYER shall pay $6Se,Oøø.e~ for the
property as described in Exhibits "A" and "B".
5. DEPOSIT: A refundable deposit of $10,000.00 shall be
placed in an interest bearing trust account of SELLER'S
attorney. A credit for the interest earned shall be applied to
the purchase price by the SELLER at closing. The remaining
portion of the purchase price shall be due and payable at the
time of closing.
6. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this
contract is not executed by and delivered to all parties or
fact of-executJf£~~ommunicated in writing between the parties
on or before ~ ry 15, 1994, the offer will be withdrawn
unless extended by mutual agreement. The date of this contract
("Effective Date") will be the date when the last one of the
BUYER and the SELLER has signed this contract.
7. TITLE EVIDENCE: At least seven (7) days before
closing, SELLER shall, at SELLER'S expense, deliver to BUYER's
,
attorney a title insurance commitment in accordance with Item A
of standards for Real Estate Transactions.
8. CLOSING DATE: This transaction shall be closed and
the deed and other closing papers delivered on or before April
10, 1994 unless extended by other provisions of the contract,
and shall be simultaneous with the closing of the School Board
purchase of the adjacent property.
9. CONVEYANCE: SELLER shall convey title to Property by
Warranty Deed subject to matters contained in this contract and
taxes for the year of closing.
10. RESTRICTIONS; EASEMENTS; LIMITATIONS: BUYER shall
take title to the property 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, taxes for year of closing and subsequent years
provided that there are no non-governmentally imposed restric-
tions on the property which would prevent the property from
being used as a park and that there are no violations or
restrictions of any of the foregoing which would prevent the
location of utility lines running to the Property.
11. OCCUPANCY: SELLER warrants that there are no parties
in occupancy other than the SELLER, and Blood's Hammock Groves,
Inc.
12. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten
or handwritten provisions shall control all printed provisions
of the contract in conflict with them.
13. REAL ESTATE COMMISSIONS: SELLER agrees to pay
Clemmer Mayhew a commission pursuant to their agreement. Each
party agrees to indemnify and hold the other harmless from any
claims and demands of any real estate broker, salesperson, or
other person claiming entitlement to a fee or commission,
including costs and attorney's fees in resisting such claims,
and in the event of litigation at trial and on appeal. The
provisions of this paragraphs are intended to and shall survive
the closing.
14. LICENSE TO HARVEST: BUYER grants to SELLER a license
to cultivate and harvest crops from the fruit trees existing on
the Property until such time as BUYER begins site clearing
and/or construction on the property. BUYER shall notify SELLER
of its intent to begin site clearing and/or construction on the
Property at least thirty (30) days prior to beginning the work.
15. ANNEXATION: SELLER authorizes BUYER to begin annexa-
tion of the Property into the City of Delray Beach with the
Property being rezoned to Community Facilities District. Final
action on the annexation and rezonings may tàke place prior to
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the date of closing. All costs associated with the annexation
and rezoning shall be borne by the BUYER. In the event the
parties fail to close on the property, the property, if
annexed, shall be de-annexed and the zoning ordinance shall be
null and void.
16. WARRANTIES: SELLER warrants that there are no facts
known to SELLER materially affecting the value of the Property
which are not readily observable by BUYER or which have not
been disclosed to BUYER.
17. SPECIAL CLAUSES: ( 1 ) Subject to approval of this
contract by the City Commission of the City of Delray Beach;
( 2 ) Contingent on Palm Beach County School Board acquiring 10
acre parcel adjacent to subject property; ( 3 ) Contingent on the
property, as described, being free of wetlands and environmen-
tally sensitive flora and fauna so that in the BUYER'S opinion
the entire site can be developed for use as a park facility;
( 4 ) Contingent on an environmental prepurchase audit (obtained
by BUYER at is own expense) acceptable to the BUYER and any
other audits (obtained by BUYER at its own expense) deemed
necessary by the BUYER evidencing that there is no hazardous or
toxic waste or any other contaminants on or near the property
which would violate any and all environmental laws, rules,
codes, regulation or ordinances whether federal, state, or
local, including, but not limited to the Comprehensive Environ-
mental Response Compensation and Liability Act ("CERCLA"), 42
U.S.C. §9601-57, the Resource Conservation and Recovery Act
("RCRA"), 42 U.S.C. §6901-91i, the Clear Water Act ("CWA") 33
U.S.C. §1251-1376, the Safe Drinking Water Act ("SDWA"), 42
U.S.C. §300F-300J-10, the Toxic Substances Control Act
("TSCA"), 15 U.S.C. §2601-29, the Hazardous Materials Transpor-
tation Act ("HMTA" ) 49 U.S.C. 1801-1907, Florida Statutes
Chapter 403.01 et. seq. , Florida Statutes Chapter 376.01 et.
seq. Further, SELLER warrants, represents and covenants that
the property is free and clear of all hazardous or toxic waste
or other such contaminants. This provision shall survive the
closing herein and there shall be no merger of Deed and
Contract; ( 5 ) Contingent on BUYER being able to obtain all
necessary permits; ( 6 ) Contingent on obtaining concurrency
prior to closing; (7 ) Contingent on soil evaluation indicating
soil conditions acceptable at BUYER'S expense. All Clauses in
this paragraph shall be completed at BUYER'S expense. Clauses
1, 3, 4, and 7 shall be satisfied no later than sixty (60) days
after the effective date of the contract.
18. MASTER LIFT STATION: SELLER agrees to provide a
Warranty Deed to the BUYER for the placement of a Master Lift
Station which, at a minimum, will be of sufficient size to
service the School and Park Site, the balance of the SELLER'S
property, and other service areas. The BUYER agrees to build
said Lift Station to coincide with the construction of the
School Site. SELLER will be responsible for payment of excess
capacity of the Lift Station for the balance of SELLER'S
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I
property at time of development. Location of Lift Station to
be agreed upon jointly by the BUYER and SELLER, but located in
such a manner as not to increase BUYER'S construction costs
significantly. This paragraph shall survive the closing.
19. WATER AND SEWER LINES: SELLER agrees to provide
BUYER with water line easements and sewer line easements
sufficient to service the Master Lift Station, School Site,
Park Site, and other lift station service areas. BUYER agrees
to construct a water line of sufficient size to service the
School and Parks sites, provide adequate fire protection and
serve as a backbone to service the balance of the property.
Location of water and sewer lines to be agreed upon jointly by
BUYER and SELLER but located in such a manner as not to
significantly increase BUYER'S construction costs. This
paragraph shall survive closing.
20. ROAD ACCESS: BUYER agrees to construct access to the
Park Site, Elementary School Site, and Blood's Hammock Groves.
The location of the road will be agreed on by the parties. The
conceptual location for the road access is indicated in Exhibit
"B". BUYER will (endeavor to) start road construction on or
about May 1, 1994 and complete construction no later than
October 1, 1994.
2l. FENCING: BUYER agrees to provide fencing between
Park Site and remainder of SELLER's property.
22. REALIGNMENT OF GERMANTOWN ROAD: The parties agree to
the conceptual realignment of Germantown Road from its present
location to an intersection with Palm Forest Way. Should the
realignment occur, the City shall abandon the property as
described in Exhibit "B". The provisions of this paragraph are
intended to and shall survive the closing.
23. ACCESS: SELLER shall give BUYER and his representa-
tives and agents full access, during normal business hours,
from the .date hereof through the Closing, to the property so
that BUYER may conduct such tests and examinations with respect
to the property 'as shall be necessary to effect the purpose of
this Contract. Nothing contained herein, however, will permit
BUYER to interfere or interrupt the business of any tenant of
the property.
24. ASSIGNMENT: BUYER'S and SELLER'S rights,
obligations, liabilities, powers, duties, covenants, and all
similar matters under this Contract may not be assigned by
either Party except upon prior written consent of the non-
assigning party, such consent shall not be unreasonably
withheld. Subject to the foregoing limitations, this Contract
shall be binding upon and inure to the benefit of the parties
hereto and their respective he~rs, successors and assigns.
25. ENTIRE CONTRACT: This Contract constitutes a full
and complete understanding between the parties hereto and all
4
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instruments or other communications are hereby superseded upon
the execution of this Contract. BUYER and SELLER may, by
written notice to the other: ( i) extend the time for
performance of any of the obligations or actions of the other,
(ii) waive any . inaccuracies in the representations or
warranties of the other contained in this Contract, (iii) waive
compliance with any of the covenants of the other contained in
this Contract, and (iv) waive performance of any of the obliga-
tions of the other. Except as provided in the preceding
sentence, no action taken shall be deemed to constitute a
wavier by the party taking such action of compliance with
respect to any representations, warranties, covenants or
agreements contained herein. The waiver by either party hereto
of a breach of any provision of this Contract shall not operate
or be construed as a waiver of any subsequent breach. Any
amendment or modification to be effective must be by an
instrument in writing signed by the parties. Any waiver to be
effective must be by an instrument in writing signed by the
party giving the waiver.
STANDARDS OF REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: 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 Property, subject only to liens,
encumbrances, exceptions or qualifications 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
forty-five (45) days from date of receiving evidence of title
to examine it. If title is found defective, BUYER shall,
within seven (7 ) days, notify SELLER in writing specifying
defect(s). If the defect(s) render title unmarketable, SELLER
will have 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 unmarketable, use diligent effort to correct
defect(s) in title within the time provided therefore,
including the bringing of necessary suits.
B. EXISTING MORTGAGES: The SELLER shall provide
estoppel letters (not necessarily in affidavit form) setting
forth the principal balance, method of payment, and whether the
mortgage is in good standing. All mortgages are required to be
paid off in full at the closing so as to insure that BUYER
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obtains the land free and clear of all liens, mortgages and
other encumbrances.
C. SURVEY: BUYER, at SELLER'S expense, within time
allowed to deliver evidence of title and to examine same, may
have Property surveyed and certified by a registered Florida
surveyor. If survey shows encroachment on Property or that
improvements located on Property encroach on setback lines,
easements, lands of others, or violate any restrictions,
Contract covenants or applicable governmental regulation, the
same shall be treated as a title defect.
D. LIENS: SELLER shall furnish to BUYER at time of
closing an affidavit attesting to the absence, unless otherwise
provided for herein, of any financing statements, claims of
lien or potential lienors known to SELLER and further attesting
that there have been no improvements or repairs to Property for
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 affirming that all charges for improve-
ments or repairs which could serve as a basis for a mechanic's
lien or a claim for damages have been paid or will be paid at
closing.
E. PLACE OF CLOSING: Closing shall be held at the
office of the SELLER'S attorney or as otherwise agreed upon.
F. TIME: Time is of the essence of this Contract. Time
periods herein of less than 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.
G. DOCUMENTS FOR CLOSING: SELLER'S attorney shall
prepare a mechanic's lien affidavit, assignments of leases,
tenant and mortgagee estoppel letters, and corrective
instruments as necessary. SELLER shall furnish closing state-
ment and deeds.
H. EXPENSES: All expenses shall be paid for by the
SELLER. BUYER shall be responsible for those expenses for the
items required in Paragraph 17.
I. PRORATIONS; CREDITS: Taxes, assessments, rent,
interest, insurance and other expenses and revenue of Property
shall be prorated through day before closing. 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
6
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year's millage is not fixed, and current year's assessment is
available, taxes will be prorated based upon such assessment
and the prior year's millage. 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 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 millage and at an equit-
able assessment to be agreed upon between the parties, failing
which, request will be made to the County Property Appraiser
for an informal 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.
J. SPECIAL ASSESSMENT LIENS: Certified, confirmed 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. If the
improvement has been substantially completed as of Effective
Date, such pending lien shall be considered as certified,
confirmed or ratified and SELLER shall, at closing, be charged
an amount equal to the last estimates of assessment for the
improvement by the public body.
K. PROCEEDS OF SALE: The Deed shall be recorded and the
evidence of title continued, at SELLER'S expense, to show title
in the BUYER, without any encumbrances or change from the date
of the last evidence rendering SELLER'S title unmarketable, and
the cash proceeds of such sale shall be held in escrow by the
SELLER'S attorney or by such other mutually agreed upon Escrow
Agent for a period of not longer than five ( 5 ) days, exclusive
of Saturdays, Sundays and holiday. If the SELLER'S title is so
rendered unmarketable, the BUYER'S attorney shall, within the
said five ( 5 ) day period, notify SELLER'S attorney in writing
of the defect and the SELLER shall have thirty (30) days from
the date of receipt of such notification to cure the defect.
In th event SELLER fails to timely cure said defect, all monies
paid hereunder shall, upon written demand therefor, within five
( 5 ) days thereafter, be immediately returned to BUYER, and
simultaneously with such repayment, BUYER shall vacate the
premises and reconvey by Special Warranty Deed. In the event
of the failure of the BUYER to make timely demand for refund,
he shall take title as is, waiving all rights against the
SELLER as to the intervening defect.
L. 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 permits, singular shall include plural and
one gender shall include all. Notice given by or to the
7
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attorney for any party shall be as effective as if given by or
to that party.
DATE EXECUTED BY
WITNESSES: (Two are required) SELLER
BY:
NORMAN W. BLOOD, JR.
(type or print name)
BY:
CAROLYN BLOOD
(type or print name)
DATE EXECUTED BY
BUYER
BY:
Thomas E. Lynch, Mayor
ATTEST:
City Clerk
Approved as to Form and
Legal Sufficiency:
City Attorney
blood-s.agt
01/20/94 rev.
8
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM, CITY MANAGER f':h~
SUBJECT, AGEH~A ITEM # . c; - MEETING OF EEBRUARY 22. ~291
FINAL PLAT/HANCOCK SUBDIVISION
DATE: FEBRUARY 18, 1994
This item is before the Commission to consider approval of the final
plat for the Hancock Subdivision, a proposed two lot subdivision
located at 622 North Ocean Boulevard.
The subject property currently exists as one parcel, running from
Andrews Avenue on its west boundary eastward to the Erosion Control
Line. It is intersected by State Road AlA and the applicant is
proposing to separate the east parcel into a separate buildable lot.
A request has been submitted by the applicant to designate the
existing single family structure on the western parcel as an historic
landmark. However, if the eastern lot is not created the applicants
have stated they will withdraw their request for historic designation
on the western lot.
This proposed subdivision requires Commission approval in that the
beachside lot does not meet the minimum zoning designation require-
ments for the R-1AAA zonej therefore, the Commission must declare
that it is necessary and appropriate to create such a non-conforming
lot if the subdivision is to be approved.
There are also certain considerations from an ecological and environ-
mental standpoint, especially with respect to the existance of a
dune.
Please refer to the attached staff report for an analysis of the
situation and ~eeemm~ftà alternative courses of action.
Kemoù~ ~m Ac¡SnOA-
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~c\L~'}lr~
THRU: E DOMI G Z ~ v
PRINCIPAL E ER,
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~
FROM: STEVEN E.
PLANNER
SUBJECT: MEETING OF FEBRUARY 22, 1994
HANCOCK SUBDIVISION FINAL PLAT **REGULAR AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final plat for the Hancock Subdivision.
The subject property is located at 622 N. Ocean Boulevard
(State Road AlA).
This final plat is being processed pursuant to LDR Section
2.4.5(K), Minor Subdivisions.
B A C K G R 0 U N D:
In September, 1993, the City received a request to 'replat
property located at 622 N. Ocean Boulevard. The plat proposes
to create 2 separate parcels from 1 parcel which currently
contains 1 single family structure. Currently, the subject
property runs from Andrews Avenue on its western boundary east
to the Erosion Control Line.
As a separate request, the applicant has also asked that the
single family structure on the western portion of the pro pert y
be designated as historic. On November 3, 1993 the Historic
Preservation Board approved the nomination of the western
property as historic. The first reading of Ordinance 82-93 for
historic designation on the western property was approved by the
City Commission on December 7, 1993.
While the two processes, subdivision and historic designation,
seem to be tied together, they are in fact two separate
petitions. However, it is noted that the applicant previously
stated that if the eastern lot is not created, their request for
historic designation on the western property would be withdrawn.
,
City Commission Documentation
Hancock Subdivision
Page 2 -
The subdivision requires formal city Commission review prior to
approval. Pursuant to LOR Section 4.3.1(0), lots shall meet the
minimum requirements established unless the City Commission
declares at the time of approval of an associated development
application that it is necessary and appropriate to create such
a nonconformity. As Lot 2 will be nonconforming in certain
respects, the above section applies. The City Commission may
also impose mitigating conditions at the time the plat is
approved. Please see the following analysis.
P L A T A N A L Y S I S:
The following matrix indicates the requirements of the R-1AAA
zoning district and what is being proposed with the Hancock
Subdivision.
Hancock Subdivision
R-1AAA Lot 1 Lot 2
Lot Size (sq. ft. ) 12,500 33,974 10,502
Lot Width (ft.) lOO lOO 100
Lot Depth (ft.) 110 339.74 105.02
Lot Frontage (ft.) 100 100 100
Pursuant to Florida Statutes 161.191, all lands eastward of the
Erosion Control Line (ECL) are vested in the State of Florida,
while all upland area is still considered private property.
In other words, the Erosion Control Line serves as the site's
eastern property line. Based upon the above, the eastern lot
(Lot 2 ) contains 10,502 sq. ft. whereas 12,500 sq. ft. is
required, and has an average depth of 105.02 ft. whereas 110 ft.
is required. With regard to the dimensioned lot area and depth,
the applicant argues that prior to creation of the Erosion
Control Line there was sufficient land area to meet codes.
While Lot 2 will not have any setback problems, the City
Commission may want to impose a condition concerning the
allowable floor area of any structure on Lot 2 of the Hancock
Subdivision prior to approval. Based on setback requirements,
a building envelope of 3,600 sq. ft. (ground area) can be
accommodated.
In a similar situation, the subdivision to the south (Lot 1 of
Ocean Apple Estates) was created in 1989 with certain
nonconformities. In order to create it, variances were obtained
from the Historic Preservation Board with respect to minimum lot
size and side yard setbacks. Also, the size of the structure to
be built on that lot was limited to 2,400 sq. ft. (Note: since
that time, the LDRs were changed to the current situation
wherein a non-conforming lot may created by action of the City
Commission.) It would be appropriate to consider a similar size
restriction in this situation.
City Commission Documentation
Hancock Subdivision
Page 3 -
PLANNING AND ZONING BOARD CONSIDERATION:
The Hancock Subdivision is considered a minor subdivision, thus
Planning and Zoning review is not required.
HISTORIC PRESERVATION BOARD CONSIDERATION:
As previously stated, in conjunction with the subdivision
request, the applicant also requested that the single family
structure on Lot 1 be designated as historic. The Historic
Preservation Board formally held a public hearing on this item
on November 3, 1993 and by a vote of 6-0 recommended that the
City Commission approve the site as historic. On December 7,
1993 the City Commission approved Ordinance 82-93 on first
reading.
NOTIFICATIONS OF OBJECTION:
The Planning and Zoning Department has received a petition
containing approximately 50 signatures of objection to the
proposed Hancock Subdivision. The items cited in the petition
include: negative impacts upon light, ocean views, and property
values; opposition to granting a special privilege
(consideration); and ecologic and environmental consideration.
Also, a letter of objection was received from the attorney of
the property owner just north of the proposed plat. A copy of
the petition and letter is attached.
With respect to ecologic and environmental consideration,
pursuant to the Coastal Protection Ordinance when a dune exists,
a special permit must be received from the Chief Building
Official. To receive the special permit, the applicant must
demonstrate with adequate engineering data that the proposed
project will not adversely impact the stability of the dune.
A topographic survey of Lot 2 has been reviewed by the Chief
Building Official, City Horticulturist, and the Planning
Department's Project Coordinator. However, as submitted the
topographic survey does not contain contour lines. After
vistiting the site and reviewing the topographic survey, all
three individuals agree that it is unclear if there is, or is
not, a dune present on Lot 2. As the dune issue could render
Lot 2 unbuildable, it is appropriate to condition the plat
approval on the submission of a topographic survey that contains
contour lines. It is also appropriate to condition the plat
approval on the provision of a mitigation plan of Lot 2, if such
a dune exists.
ALTERNATIVE ACTIONS:
A. Make a finding that it is necessary and appropriate to
create non-conformities with respect to Lot 2 based upon the
original lot area and approvals granted to similarly situated
property in the area; and
I
city Commission Documentation
Hancock Subdivision
Page 4 -
1. Approve the plat for the Hancock Subdivision as
submitted.
2. Approve the Hancock Subdivision, subject to the
following conditions:
a. That any structure built on Lot 2 not exceed
2,500 sq. ft. of gross floor area per floor, with
a maximum of two (2) stories.
b. Submission of a revised topographic survey
containing contour lines and an environmental
assessment of Lot 2 with a determination from a
Certified Environmental Professional (CEP) that
the site is free from a dune or any other
environmental concerns, and a mitigation plan, if
necessary.
c. If any required mitigation is not done, the plat
approval shall be rescinded.
B. Deny the Hancock Subdivision based upon a determination
that a non-conforming lot would be created and it has not
been demonstrated that it is necessary and appropriate to
accommodate the request.
R E COM MEN D E D ACT ION:
Commission's Discretion.
Attachment:
* Applicant's Request Letter, Reduced Plat, Floor Area
Exhibit, & Letters of Objection
TIHNCOCKCC.DOC
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·
LAW OFFICE OF
ROGER Go SABERSON, PoAo
,
70 S.E. 4th Avenue· November 4, 1993 Telephone: (407) 272·8616
Delray Beach, FL 33483
Mayor Lynch and City Commlsslonera
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Fl. 33444
Re: Proposed Plat of Hancock Subdivision (two lots)-requeat for variances
Historic Designation 822 N. Ocean Blvd.
Dear Mayor Lynch and Members of the City Commission:
Please be advised that I represent Nancy Clay Hancock anå Waddeil W. Hancock, the owners
of the above referenced property. Their property on Its aouth line abuts the north line of the Wilson
property which the City Commission has previously designated as containing a historic structure (a
-Fontaine Fox" home). Ukewlse, our property has located upon It a house designed by the same
architect, John Volk. Also, the house on our property was utilized as a home by Fontaine Fox. The
staff has Indicated that they believe the home on our property qualifies for registration on the
National Register.
Uke the Wilson property, our lot area east of A·1-A does not meet the minimum lot depth and
lot area requirements. In connection with the Wilson historic designation their property ea.t of A-1-A
received variances and a home Is being constructed on this property. The lots east of A1A as
originally platted had more than enough land area to meet the RIAAA requirements, however,
because of the subsequent adoption of the Erosion Control Une the lot sizes were reduced.
Therefore, we. are requesting that the City Commission In connection with and
simultaneously with the plat approval, (prior to historic designation) exercise Its authority to approve
the lot east of A-1·A In the configuration shown on the plat (copy attached) so that It may be used
as a separate single family residential lot. This would require the Commission to grant lot area and
lot dimension variances. We have submitted the revised historic nomination and designation
request (which Is Incorporated herein by reference) for the lot west of A1A contingent upon such
variances being granted.
East of A1A there are homes constructed on the lots abutting our property to the south and
to the nortn. Tlte sUbject property Is the only vacant lot remaining In this area.
On behalf of the property owners we would like to thank you for your consideration of this
matter and If I can provide you any further Information please don't hesitate to contact me.
SI/nc:.erely your.,
/:/
K/7 / "'r? ..d fit'r{ ;-
v'. I'. -or'V, -...
/ .v
Roger G. Saberson
RGS/dl
~~(t;T;;:::Irr~ ..~~
I ~_~ ; \:. ;. \ \
cc. Mr. Jim Friess ~f ~~' l.;' ~~ ~ W
NOV 3 1993
PLANNING & ZONI~:G
,
.
. MICHAEL S. WEINER & ASSOCIATES, P.A.
- ATTORNEYS A T LAW
The Clark House
102 North Swinton Avenu~_
Oelray Beach. Aorida 33444
MICHAEL S. WEINER South Palm Beach County: (407) 265-2666
CAROLE ARONSON North Palm Beach County: (407) 736-5888
Broward County: (305) 462~935
~Tf'~ W~ 272-ð831
OF COUNSEL: ~~~H '8 'ff: fr'\[.
PETER J, MURRAV JJ;;,4J
DEe 1 'I 1993
December 17, 1993 PLANNING & ZONI~:~
~ ---
HAND DELIVERY
Mr. David Kovacs
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Nomination for Historical Site Designation1 Request for Plat1
Request for Variance1 622 N. Ocean Blvd., Delray Beach, FL
Our File No.: CUSP(186)002
Dear David:
Enclosed are the original petitions signed by residents of Delray
Beach, Florida with respect to the above captioned matters. Please
be advised as follows.
On or about August 26, 1993, Clay Hancock and Wadell W. Hancock
made application for a plat and request for variances before the
Planning and Zoning Department for the City of Delray Beach,
Florida. In addition, on or about June 22, 1993, Roger Saberson,
Esquire, on behalf of the applicants requested a designation of
historic site before the Historic Preservation Board.
As has been pointed out by Commissioner Jay Alperin, these requests
and applications have been linked. The enclosed petitions
demonstrate that, among other things, the difficulties caused by
these requests outweigh any benefit. In any event, the Historic
Preservation Board has its own power to nominate properties for
designation without the requirement of any "linking". Please see
Section 2.2.6 (D) (2) of the Land Development Regulations of the City
of Delray Beach, Florida.
We request that the petitions and this letter be made a part of the
record with respect to all three requests and applications.
, (
. -
,
-
Mr. David Kovacs
December 17, 1993
Page 2
Enclosed is a copy of this letter. Would you please sign it as a
receipt of the original petitions. Thank you in advance for your
cooperation.
"
Æ/tru1Y·'youn.
U'¡J-<.j ¡ ,l :¿V/'Þ\
Miclíael S. We er
MSW/dme
Enclosures
CCI Mr. ~sson .
Received: _' ~~ "!1tQ{c¡3
,
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~
-
PETITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
PROPERTY OWHBR: ADDRESS:
l.:llo ~d~¿ f}A.
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J1//Vh ~ o--'-Ll a_ 'V ~Dj rt.A. ~ (t..,'t. ,
-
PBTITIOIf
The residents of the City of Delray Beach, Florida, do hereby
petition the City Commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
state Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
PROPERTY OWlfBR: ADDRBSS:
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PETITIO.
The residents of the City of Delray Beach, Florida, do hereby
petition the City Commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
PROPERTY OWNER: ADDRESS:
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,
-
PETITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City Commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
PROPERTY OWNER: ADDRBSS:
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PBTITIOR
The residents of the City of Delray Beach, Florida, do hereby
petition the City Commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
~. vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
PROPBRTY 01fRBR: ADDRBSS:
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PBTITION
The residents of the City of Delray Beach, Florida, do hereby
petition the City Commission of the City of Delray Beach, Florida,
to deny the granting of any variance or similar action that would
allow the construction of additional residential structures east of
State Road AlA. Our Petition is well founded in that it is based
upon the following:
1. Light and ocean views are important to the value of all
property owners in the area and to the general public. The image
of Delray as the "Village by the Sea" demands the preservation of
light and ocean views.
2. Development is appropriate but over-development is a
disaster. The granting of special privileges so that individuals
may financially benefit results in a poorly planned City.
3. Ecological and environmental principles should be
respected by our elected officials. The importance of native
vegetation, dune lines and the protection of sea turtles should
out-weigh any private request for additional construction.
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1/18/94 c: City Manager ~ C. . ~
Susan Ruby ~ - L. V
_ SACHS & SAX. P.A. ~ \-1JU1'. COft-
ROBERT B. BURR David Kovacs ATTORNEYS AT LAW ~~TE 4150 - NORTHERN TRUST PLAtb·t -
STEYEN 1... OANIELS ~ 301 VA...ATO ROAD
WILLIA... A. ,.RAGETTA ~~~"\. BOCA RATON. "LORIOA 33431
ALSO AOWfTTtO IN NeW ",c"SCy , ...~ '\.),
I..ARRY Z. GLICKMAN r ~ . '.. -
RONALD J. KLEIN ~~ ~o. r£ MAILINO ADORe..
ALSO AOMITTEO IN OH'O ~ .. O. .011 .10037
PETER S. SACHS ~~ ,,~ ~_TOYLORIOA 334B,-0037
ALSO AO....ITTItD IN NEW yo"" ~ ~~- . -
SPENCER "4. SAX ~'" ~... TEU:...JlOHE C.07) SISI.-_SlSI
- ~" TELECO..IER (407) 9S14-4S1e5
0" COUNSEL _\.\\.~ .
...ICHELE K. CUMMINGS ~\...., RECE'V EO
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.....'tI'TAL AND '.'IULY LAW ~IV '
"
...ARIA R. SACHS
ALSOAOWITTEO.NCALI"O"NIA January l3, 199 .-- JAN 1 8 \994
RAB: mld
Mr. Thomas Lynch, Mayor CITY COMMISSION
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: 622 North Ocean Blvd./Petition to
Add Property to Local Register of Historic Places
Our File Number: l070.0S
Dear Mr. Lynch:
Our firm represents Mr. & Mrs. Jack Eichelberger, owners of
the property located directly north of the above-referenced
property. I have been asked to contact you in order to register my
clients' objection to the Petition, but only to the extent that the
Petition requires as a quid pro quo, that the property lying east
of AlA be given a variance of the lot size and lot depth
requirements to permit the property east of ALA to be a separate
buildable lot in its present configuration. Presently, the lot is
classified as too small to be a buildable lot.
My clients have no objection to the Fontaine Fox house being
designated as an historic property. The house is probably well
deserving of such designation, and would, hopefully, be an
attribute .to the neighborhood. My clients' objections, with regard
to the property east of ALA, are several fold.
First, my client feels very strongly that the petitioner is
abusing the system by requesting the variance on the east side
property as an absolute condition to going forward with their
Petition on the west side of ALA. If you were to review the
Designation Report, you would find that unless the variance is
s~u1taneously approved by the City, the petitioner would withdraw
their Petition for the historic site designation of the Fontaine
Fox house. This is not the process by which property owners should
be seeking a variance on their oceanside property, nor is it the
method by which historically significant properties should be added
to the list of historic homes.
My clients second objection lies with the fact that the
configuration of the east side property has been designated by the
,
.. . .
.,
-
MR. THOMAS LYNCH
January l3, 1994
Page 2
City as being too small for the construction of a residential
improvement. There are physical reasons for such designation and
to grant a variance to override those reasons, not only poses a
danger to the current and future property owners of the lot, but
would defeat the purposes and policies of the City Building and
zoning Departments and other departments which have created these
lot requirements.
Finally, I would like to bring to your attention the situation
with regard to the property just south of the subject property
wherein a variance was given to build a residential property, and
then approximately one year later, a second variance request was
submitted to increase the size of the construction on the property.
That petition was defeated, and I would like to think it was
defeated because of my client's objection and other objections by
neighbors, and that without those objections, a larger house which
would have been in direct conflict of the original intent of the
City, would have been constructed. This is not necessarily to say
that the owners of the subject property would undergo the sarne
tactic, however, the possibility exists, and the best way to
prevent that abuse from taking place in the future, is to deny the
variance requests at its inception.
I hope you will take these objections into serious
consideration in making your decision regarding the request.
Very truly yours,
SACHS &
SLD:ch
cc: Mr. & Mrs. Jack Eichelberger
SACHS & SAX. P A
SUITE 4'50.301 VA-MATO ROAD· P,O. BOx 810037. BOCA RATON. F'L. 33"81-0037. TELEPHONE ("07) 98.·....99. TEL.£COPIER' (407) gg4 4ge~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f7Þ(
SUBJECT: AGENDA ITEM # c¡]) - MEETING OF FEBRUARY 22. 1994
CONDITIONAL USE MODIFICATION/DELRAY SOUARE BINGO HALL:
DATE: FEBRUARY 18, 1994
This item is before the Commission for consideration of an appeal of
the approval of a conditional use modification granted by the
Planning and Zoning Board for Delray Square Bingo Hall.
On October 26, 1993, the City Commission approved the Conditional Use
request for Delray Square Bingo Hall. Subsequent to that approval
and prior to opening for business, the petitioner requested a
modification of the conditional use.
The modification included the expansion of the days of operation
(from 5) to 7 days a week, and the hours of operation (from 4: 30 -
11:30 p.m.) to 10:00 a.m. to 12:00 midnight Sunday through Thursday,
and 10:00 a.m. to 1: 00 a. m. Friday and Saturday.
At the Planning and Zoning Board meeting of January 24, 1994, the
conditional use modification was approved by a vote of 6-0.
Recommend approval of the conditional use modification.
mOll on .J-o App~ù S EY-p rrn 0 Sf) clfR(s 'f- h 0 ~s o-ß
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: MANAGER
THRU:
FROM: COSTELLO
SUBJECT: MEETING OF FEBRUARY 22, 1994
APPEAL OF PLANNING AND ZONING BOARD ACTION RE: DEL RAY
SQUARE BINGO HALL CONDITIONAL USE MODIFICATION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
consideration of an appeal of the approval of a conditional
use modification granted by the Planning and Zoning Board
for Delray Square Bingo Hall.
The action was appealed by the City Commission at its
meeting of February 8th. The focus of the appeal related
to the justification for expanding the days and hours of
operation prior to establishing the bingo hall use.
BACKGROUND:
On October 26, 1993, the City Commission approved the
Conditional Use request for Delray Square Bingo Hall. Although
the approval was granted without specific conditions, the days
and hours of operation were governed by the information
presented in the application. The initial hours of operation
were stated as being Wednesday thru Sunday - 4:30 P.M. to 11:30
P.M. with three (3 ) sessions daily: 6:00 P.M. to 7:00 P.M.
(Early Bird); 7:00 P.M. to 9:00 P.M.; and 9:00 P.M. to 11:30
P.M.
Subsequent to that approval and prior to opening for business,
the petitioner requested a modification of the conditional use.
The modification included the expansion of the days of operation
to 7 days a week, and the hours of operation from 10:00 A.M. to
12:00 midnight Sunday thru Thursday and 10:00 A.M. to 1:00 A.M.
Friday and Saturday. The attached letter from the applicant
clarifies the basis for the modification. An analysis of the
modification request is found in the attached Planning and
Zoning Board Staff Report.
,
City Commission Documentation
Meeting of February 22, 1994
Appeal of P&Z Board Action - Delray Square Bingo Hall
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting January 24, 1994, the Planning and Zoning Board
reviewed the conditional use modification for Delray Square
Bingo to expand the days and hours of operation as stipulated.
There was no public testimony regarding the proposed use. After
reviewing the staff report, the Board voted 6-0 to approve the
conditional use modification.
ALTERNATIVE ACTIONS:
A. Uphold the Planning and Zoning Board's approval of the
conditional use modification.
B. Uphold the Planning and Zoning Board's approval of the
conditional use modification with conditions as deemed
appropriate by the City Commission.
C. Reverse the Planning and zoning Board's decision and deny
the conditional use modification with the basis stated.
RECOMMENDED ACTION:
By motion, uphold the Planning and Zoning Board's approval of
the conditional use modification.
Attachments:
* Applicant's justification letter dated February 14, 1994
* P&Z Board Staff Report & Documentation of January 24, 1994
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132/14/1994 13:28 385-938-87138 PAGE 82
II 6350 N. And"", Av..... · Ft. Lauderdale. FL 33309
~ 776-8805 · ~ 441·7055
CI !IImbor 01 QIImbet 01 CammIrco IIId Society lor Non PraIII 0rgInIø1lono
A ~rigbJilJomofro.w
MULTIPLE SCLEROSIS fOUNDATION, INC. February 14, 1994
Delray Beach City commission
Delray Beach, FL
REI Multiple Sclerosis Foundation - Charity Binqo
Dear Commission,
In october 1993, the MUltiple Sclerosis Foundation
received approval from the Delray Beach City Commission to
operate charitable bingo sessions from 4:30 PM to 11:30 PM
wednesday through Sunday at Delray Square Shopping Center.
When the oriyinal application Was submitted, it was our
intent to ho d only night binîo games, which consist of a
larqe body ot ~r8ons all com nq to the facility at
approximately . same time, Playiny bingo and then all
leavin~ at ap~roximatelY the same t me. It re~ires an
approxlmate a tendance of 250 to 260 persons playing bingo
in order for the business to be profitable. It also
requires a space ot not less than 8000 sf in order to
properly accommodate that many people. It was brought to
our attention that our space was too small and bingo
plarers would not attend our facilitr_ We then sought
adVlce and after much consultation wlth our advisors, we
were informed the only way we could operate a successful
business would be to cater to less ~eoPle per hour and
work more datS and hours each week 0 make up the
difference. hie advice, based on years of experience and
the operation ot existinx bin90 facilities, helped
formulate the amount of aye and hours of operation that
would be required for a successful operation.
Realizinq our mistake in our oriyinal application to the
City of Delray Beach, the Multip e Sclerosis Foundation
submitted an amended request for additional time of
o~eration and paid the required fees. We attended the
P anninq and Zoninq review board meetinq and addressed all
questions. Multiple Sclerosis Foundation received a 6 to 0
vote for approval of extended hours of operation, as there
were no impacts or reasons for denial.
We were surprised to see this decision appealed, but we
now ask the city Commission to approve what Planninq and
Zoning has already approved.
~~tm:nWJEJD)
FEB 14 \994
PLANNING & ZONtNG
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 24, 1994
AGENDA ITEM: III.C
CONSIDERATION OF A REQUEST FOR MODIFICATION OF A
CONDITIONAL USE APPROVAL FOR A BINGO HALL (DELRAY
SQUARE)
I T E M B E FOR E THE BOARD:
The item before the Board is that of considering a
request for a modification to a Conditional Use
approval for a bingo hall, in order to extend the days
and hours of operation. The bingo hall is to be
located within the former Phar-Mor Liquor Store bay of
the Delray Square (Phase II) Shopping Center.
The subject property is located on the east side of
Military Trail, approximately 650' north of West
Atlantic Avenue, at the east end of the Delray Square
(Phase II) Shopping Center.
Modifications to Conditional Use Approvals are
processed pursuant to LDR Section 2.4.5(E) (7).
Modifications which involve intensity of use or hours
of operation must be approved by the Planning and
Zoning Board (as opposed to a staff approval). If,
however, the Board deems that the modification is
significant, then the modification must be heard as a
new Conditional Use application, requiring formal
notification, a public hearing, and final action by
the City Commission.
B A C K G R 0 U N D :
At its meeting of October 18, 1993, the Planning and Zoning
Board recommended approval of the Conditional Use request to
establish a bingo hall at Delray Square (Phase II) Shopping
Center. On October 26, 1993, the City Commission approved the
Conditional Use request based upon the findings as recommended
by the Planning and zoning Board. Although the approval was
granted without specific conditions, the days and hours of
operation are governed by the information presented in the
application.
The initial hours of operation were stated as being Wednesday
thru Sunday - 4:30 P.M. to 11:30 P.M. with three (3 ) sessions
daily: 6:00 P.M. to 7:00 P.M. (Early Bird); 7:00 P.M. to 9:00
P.M.; and 9:00 P.M. to 11:30 P.M.
III.C.
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P&Z Board Memorandum Staff Report
Conditional Use Modification for Delray Square Bingo Hall
. Page 2
On December 7, 1993, a request for a modification to the
Conditional Use approval was submitted. That request is now
before the Board for action. The modification includes
expanding the days of operation to 7 days a week and the hours
of operation from 10:00 A.M. to 12:00 midnight Sunday thru
Thursday, and 10:00 A.M. to 1:00 A.M. Friday and Saturday. No
bingo sessions have been conducted as of yet, nor have the
associated interior improvements been installed.
MOD I F I CAT ION A N A L Y S I S .
.
The modification includes the following changes:
* Include Monday and Tuesday sessions in addition to the
approved Wednesday - Sunday sessions;
* Begin sessions (Sunday - Saturday) at 10:00 A.M. as opposed
to 4: 30 P. M. ;
* End Sunday - Thursday sessions at 12:00 midnight as opposed
to 11: 30 P. M. ; and,
* End Friday and Saturday Sessions at 1:00 A.M. as opposed to
11:30 P.M.
This application does not state a specific reason for the
expanded days and hours of operation. It is presumed that the
reason is to allow maximum convenience and flexibility for the
customers. With the original Conditional Use request, there was
no specific reason given for the limited days and hours of
operation. Public notices were distributed to property owners
within a 500' radius of the shopping center property. There
were no objections expressed by those property owners.
As the proposed use will occupy a vacant bay which is internal
to the Delray Square (Phase II) Shopping Center, there will be
no impacts on adjacent properties surrounding the shopping
center. With respect to traffic, a traffic study was submitted
with the approved conditional use request. The study projected
that the 6,000 sq. ft. bingo hall will have a net reduction in
trip generation of 796 trips per day compared to the previous
retail use and is vested for the higher trip generation level
(retail - 1,218 trips per day).
A similar modification request was before the Board in November
of last year for Points West Bingo, within Points West Plaza on
the south side of Atlantic Avenue, west of Military Trail. With
that facility, there was a concern with respect to the
availability of parking during daytime sessions as the bingo
hall occupies 9,450 sq. ft. of the 27,300 sq. ft. shopping center,
which only contains 137 parking spaces. The parking requirement
for that bingo hall was calculated at 1 space for every 2.5
persons. As the bingo hall had a seating capacity of 200
people, 80 parking spaces were required for the bingo hall.
. '
P&Z Board Memorandum Staff Report
Conditional Use Modification for Delray Square Bingo Hall
Page 3
Thus, a parking problem was anticipated if the vacant bays were
occupied at the same time as the bingo hall. As a result,
Points West Bingo is limited to nighttime bingo during the week
with daytime and nighttime bingo to occur on weekends.
Utilizing the same parking ratio, the 240 seat Delray Square
bingo hall requires 96 parking spaces. However, the
availability of parking is not a concern, as Delray Square
(Phase II) shopping center contains over 1,100 parking spaces
with approximately 350 spaces in the general vicinity of the
subject bay. Thus, these parking spaces should be adequate to
accommodate the bingo hall (daytime and nighttime sessions) as
well as other tenants in this portion of the shopping center.
A L T ERN A T I V E ACT ION S .
.
Based upon the provisions of LDR Section 2.4.5(E)(7), the
alternative actions are as follows:
A. Approve the request to expand the days and the hours
of operation.
B. Deny the request.
C. Determine that the request is significant and, thus,
require processing as if it were a new petition i.e.
public hearing at Planning and Zoning Board with final
action by the City Commission.
R E COM MEN D A T ION :
Approve the request for a modification to the Conditional Use
approval for the Delray Square Bingo Hall to expand the days of
operation to 7 days a week and the hours of operation from 10:00
A.M. to 12:00 midnight Sunday thru Thursday, and 10:00 A.M. to
1:00 A.M. Friday and Saturday, based upon positive findings with
respect to Section 2.4.5(E)(5) (Compatibility) and Section
2.4.5(E)(7) (Modifications to Conditional Use Approvals), that
the additional hours and days of operation will not have an
adverse impact on the surrounding properties nor the shopping
center.
Attachments:
* Letter of Request from Cody Garden, Multiple Sclerosis
Foundation, Inc.
* Location Map
Staff Report prepared by: Jeff Costello, Planner
Reviewed by Diane Dominguez, Principal Planner on: 1/14/94
Jc/y:pzaXNGO.DOC
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MODIFICATION LETTER
APPLICANT Charity Bingo of Delray
Benefiting the Multiple Sclerosis
Foundation, Inc.
We are requesting a change in our original application for
our bingo facility.
The changes are as follows:
1. The original application requested days of
operation to be Wednesday thru Sunday. We are
formally requesting days of operation to be Monday
thru Sunday.
2. Times of operation were originally 4:30 pm to 11:30
pm. We are requesting the hours of operation be
10:00 am to 12:00 midnight Sunday thru Thursday and
10:00 am to 1:00 am Friday and Saturday.
Due to the extended hours of operation, traffic will be
dramatically reduced during peak hours.
As originally submitted, all code requirements will be
fulfilled.
'Cody Garden
Coordinator for Charity Bingo of Delray .
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 871
SUBJECT: AGENDA ITEM # q E: - MEETING OF FEBRUARY 22. 1994
EXTENSION OF CONDITIONAL USE AND SITE PLAN APPROVAL/HESS
SERVICE STATION
DATE: FEBRUARY 18, 1994
This item is before the Commission to grant an extension to a Major
Modification of a Conditional Use and Site Plan for the Hess Gasoline
Station located on the east side of Military Trail, north of Atlantic
Avenue, (Delray Square Shopping Center).
At the Commission meeting of January 25, 1994, a waiver was granted
to LDR Section 2.4.4.(F) which requires that any request for develop-
ment approval extensions be received 45 days prior to the expiration
date. That requirement was waived in this case, and the current
request is for approval of an 18 month extension.
There have been no changes in the LDRs since the time of the original
approval which would make any aspect of the approved plan non-
conforming. With respect to concurrency, the project involves the
redevelopment of an existing site which is vested in terms of its
impacts on traffic and other services. As it involves a reduction in
square footage and in the number of gasoline pumps, those impacts are
not expected to increase.
Recommend approval of an 18 month extension to a Major Modification
of a Conditional Use and Site Plan for the Hess Gasoline Station.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~~
PRINCIPAL PLANNE ..
FROM: ~, ~ER
SUBJECT: MEETING OF FEBRUARY 22, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
granting an extension to a Major Modification of a
Conditional Use and Site Plan for the Hess Gasoline
Station.
The subject property is located on the east side of
Military Trail, north of Atlantic Avenue (Delray Square
Shopping Center).
B A C K G R 0 U N D:
In January of 1991, the City Commission approved a request for a
Major Modification of a Conditional Use and sketch plan for the
Hess Station. In March of 1991, the Site Plan Review and
Appearance Board approved a Major Site Plan Modification for the
subject property. The proposed modifications included the
demolition of the existing office building/convenience
store, a reduction of fuel dispensers from 8 pumps to 5 pumps,
and construction of a 675 square foot convenience store and a
342 square foot utility building.
Subsequent to these actions both the Conditional Use and Site
Plan were granted extensions, which were to expire concurrently
on January 21st of this year. On January 13th, the Planning and
Zoning Department received a letter from the applicant's agent
(copy attached) requesting the following: 1) a Waiver from
Section 2.4.4(F) which requires requests extensions of approval
to be received 45 days prior to the expiration date; and 2) a
request for an additional eighteen (18) month extension of the
Conditional Use and Site Plan.
The waiver from Section 2.4.4(F), was granted by the City
Commission at its meeting of January 25th. The action now
requested of the City Commission is that of granting an
additional eighteen (18) month extension for the Conditional Use
and Site Plan.
I
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City Commission Documentation
Hess Station--Extension of Conditional Use and Site Plan
Page 2
Extension Analysis:
Pursuant to LDR Section 2.4.4(F), Extensions: Extensions
may be granted to a previously approved application
pursuant to the following:
· A written request for an extension must have been
received by the City at least forty-five (45) days
prior to the expiration date;
· The letter must set forth the basis and reason for the
extension;
· The extension shall be considered by the same body
which granted the original approval;
· The extension, if granted, shall be for eighteen (18)
months unless otherwise stated.
Additionally when an extension is requested for a project
in which construction has not commenced, the granting body must
make findings as outlined in LDR Section 3.1.1 (Performance
Standards) . These are the same findings which were made at the
time of the original approval and deals with concurrency, and
compliance with specific performance standards.
As previously noted, a waiver to the requirement for the 45-day
notice was granted by the Commission. The applicant has
submitted a letter which states the basis for the extension as
that of the Hess Corporation's commitment to complete other,
larger projects prior to concentrating on the upgrading of
selected gasoline stations such as the one on Military Trail.
According to the applicant's letter, this project remains at the
top of the priority list.
There have been no changes in the LDRs since the time of the
original approval which would make any aspect of the approved
plan non-conforming. With respect to concurrency, the project
involves the redevelopment of an existing site which is vested
in terms of its impacts on traffic and other services. As it
involves a reduction in square footage and in the number of
gasoline pumps, those impacts are not expected to increase.
R E COM MEN D E D ACT ION:
Pursuant to the Section 2.4.4(F) above, the standard extension
period is eighteen (18) months, unless otherwise stipulated.
During the Commission's discussions at the January 25th meeting
regarding the waiver request, there were indications that the
Commission might consider a shorter extension, such as a year.
As this project has again been found (through this latest
review) to be consistent with the LDRs and with concurrency
requirements, the standard 18-month period is appropriate.
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City Commission Documentation
Hess Station--Extension of Conditional Use and Site Plan
Page 3
By motion, approve the request for an extension of the
Conditional Use and Site Plan for the Hess station at Military
Trail, pursuant to LDR Section 2.4.4(F) (Extensions), and
Section 3.1.1 (Performance Standards); said approvals to be
valid for a period of eighteen (18) months (July 22, 1995).
Attachments:
* Location Map
* Site Plan
* Request Letter from Applicant's Agent
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LAW OFFICES
I . Uennis (). I\()ehler ~ ().Á.
I Congress Business Center
! 1280 North Congress Avenue, Suite 213
West Palm Beach, Florida 33409
Telephone: (407) 684-2844
-
BY FAX Facsimile: (407) 684-9370
January 12, 1994
Ms. Diane Dominguez, AICP
Principal Planner
Department of Planning & Zoning
Delray Beach City Hal I
100 Northwest First Avenue
De I ray Beach, FlorIda 33444
RE: HESS REALTY CORPORATION - Request for Waiver of 45-day NotIce
ReQu I rernent. Request for Additional Extension of Dead I Ines to
conme~ent
Dear Ms. ez:
Thank you for yesterday's most productive meeting on the
referenced matter. I'm wr I t I ng this letter as zoning agent and local
land use counsel for the AMERADA HESS CORPORATION, also variously
referred to as the HESS REALTY CORPORATION or HESS OIL. The sub j ect
property supports an existing Hess gas station with eight (8) pump
Islands and a 4000 square foot office bu I I ding. The tract Is 0.64
acres In size and Is located at 14624 M II I tary Tra I I, just north of
Its Intersection with West Atlantic Avenue.
The purpose of this letter Is to request City Commission approval
for two I terns:
(1) A waiver of Section 2.4.4(F)(1)(a) of the City of Delray
Beach Zoning Code, which requires that written requests for
time extensions for previously approved development
appllcat Ions -must have been received by the City at least
forty-five (45) days prior to the expiration date.- and
(2) a request for an additional eighteen (18) month time
extension to commence development under the conditional use
and site plan approvals that were most recently extended by
actions of the Delray Beach City Commission on July 21, 1992
and the City's Site Plan and Appearance Board on August 5,
1992, respectively.
As CI ty staff has advised and the record will show, the HESS
CORPORATION's most recent sl te plan extension request will exp Ire
concurrently with I ts most recent conditional use extension, I.e. on
January 21, 1994. ~,",f"T"~~~ìf'
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Waiver of 45 day notice ~"'\ ~¡ ~" .r ~~~~ ~
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PLANNING & ZÛNING
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. HESS did not expect to commence development of this
project unt II late 1993 at the ear I I est. The major reason
1 for this planned delay was HESS' financial comm I tment to
completing two (2) major International development projects:
An 011 exploration and dr IIII ng project In the North Sea,
and reconstruction of HESS' 011 refinery In St. Croix, the
VI rg I n Islands. Both of these projects were completed In
September 1993, theoret I ca I I Y freeing the Corporation to
resume development of selected gas station projects
(Including the subject project) throughout the United
f States.
I . Retail gasoline prices were substant I a I I Y reduced
nationwide In late 1993. In response to International 011
market conditions. This unexpected development produced a
short-term cash flow problem that direct I y Impacted HESS'
plans for new/replacement projects such as the one I n De I ray
Beach. The latter project, however, remains at the very top
of HESS' development priority II st. As soon as market
conditions Improve as expected In 1994, HESS plans to
commence construction under the subject development
approvals.
The HESS CORPORATION understands that Its request for an
additional eighteen (18) month time extension must be evaluated
pursuant to and must comply with those land development regulations In
, effect at the time that this request comes before the City. HESS also
knows that In reviewing this app I I ca t Ion and making Its requ I red
findings, the CI ty Conmlsslon may Impose additional conditions of
approval to ensure comp I lance with any applicable changes to the
City's LDRs or changes In circumstances which may have occurred since
the most recent time extensions for the project were granted In 1992.
HESS Is prepared to accept such consequences. If necessary.
F I na I I Y , based on our discussion In your off Ice on January 11, I
understand that this request for waiver of the referenced 45-day
notice requirement for seeking a time extension, as well as the
request for additional time extension of dead I I nes to commence
development. will appear on the City Commission agenda for January 25.
1994. HESS' current Florida agent Mr. Tim O'Connor plans to travel
here from Tampa to appear before the City Commission on that date, and
wi II be avallat>le to answer any questions that the City Counc I I or
staff may have about this project's status.
pectful Iy submitted,
.~
Dennis P. Koehler. Esquire
DPK/nz
pc: Mr. Tim O'Connor, AMERADA HESS CORPORATION
Uennis f). I\()ehle.- ~ f).Á.
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As Justification for the requested waiver of the forty-five (45)
day notice requirement, Petitioner respectfully offers the f 0 I I ow I n g
In satisfaction of Section 2.4.7(6)(5) of the City's Zoning Code:
· The waiver wi I I not adversely affect the neighboring area,
since a HESS gas station station has been In continuous
operation on the subject properties for many years. No new
Impacts w I II be created by the construction of the modern,
1 replacement gas station and convenience store that was
I originally approved as a conditional use for the properties
i by the Delray Beach City Commission on January 8, 1991.
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, · The waiver will not In any way diminish the provision of
I
public fac I I I ties In the area, since the reconstruction and
modernization made possible by the current development order
. remains "vested" for Concurrency purposes;
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! e The wa I ver w I I I not create an unsafe situation, since the
status QUo (operation of a HESS gas station) will be
maintained and from a traffic safety standpoint, will be
Improved by the construction of new turnouts providing
¡ Ingress/egress from MI I Itary Tral I.
I
i · No grant of a "special pr I v I lege" w I I I result, In that the
¡
j "same waiver would be granted under similar circumstances on
j
¡ other property for another app I I cant or owner. " To
!
¡ Petitioner's knowledge. there are no other existing gas
!
¡ stations In the City of De I ray Beach that have secured a
! development order to replace such existing gas station with
a modernized facility that actually reduces both the
existing bu I I ding square footage and the number of gas pump
ISlands available on site.
Request For Additional Time Extension
Under the provisions of Section 2.4.4(F) of the De I ray Beach
Zoning Code, time extensions may be granted to previously approved
applicatIons for development approval (here, for Conditional Use and
Site Plan approvals) If the request satisfies both the general
reQu I rements of Subsection 2.4.4(F)(1) and the specific requirements
(when the project has not conmenced construction) of Subsection
2.4.4(E)(3) of the Code.
As requ I red under Subsection 2.4.4(FH1Hb), Petitioner HESS
offers the following Justification for Its time extension request:
e The HESS local real estate representative who was
responsible for all previous development approval
appllcat Ions for the subject property In the City, Mr.
Thomas Hartmann, left the company's employ In early 1993 and
has not been replaced.
()ennis 1\ I\()ehle.- ~ ~.Á.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM # C¡F - MEETING OF FEBRUARY 22. 1994
FORMAL INITIATION OF CITY'S COMPREHENSIVE PLAN AMENDMENT
~
DATE: FEBRUARY 18, 1994
This item is before the Commission to consider initiating Amendment
94-1 to the City's adopted Comprehensive Plan. Pursuant to LDR
Section 9.2.1, "A Plan Amendment shall only be initiated by formal
action of the City Commission. II
This will be the first amendment for 1994. The amendment focuses on
updating the work program in the Plan; updating the status of various
objectives and policies; making corrections and general housekeeping;
and addressing private petitions for land use plan amendments.
The Planning and Zoning Board formally reviewed this item at a
Special Meeting on February 14, 1994, and recommended that the City
Commission initiate Comprehensive Plan Amendment 94-1 containing the
material stated in the attached detailed staff report and the
following additional items:
a. Update Land Use Element Table L-1 (existing land use inventory).
b. Correct the description of the Planning Area in the Land Use
Element.
c. Add Public Facilities Policy B-2.5 (Aquifer Storage & Recovery).
d. Add Public Facilities Policy B-2.6 (Reverse Osmosis).
Recommend initiating Comprehensive Plan Amendment 94-1 pursuant to
the recommendation of the Planning and Zoning Board.
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CITY COMMISSION DOCUMENTATION
TO: David T. Harden, City Manager
FROM:~~~~i~t~anning and Zoning
SUBJECT: MEETING OF FEBRUARY 22, 1994
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 94-1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of initiatinq
Amendment 94-1 to the City's adopted Comprehensive Plan.
Pursuant to LDR Section 9.2.1, "a Plan Amendment shall only be
initiated by formal action of the City Commission." Thus, this
item is before the Commission for formal action.
BACKGROUND:
The City is allowed to enact two amendments to its Comprehensive
Plan each year. This amendment (94-1) will be the first such
amendment for 1994. The amendment focuses on updating the work
program in the Plan; updating the status of various objectives
and policies; corrections and general housekeeping; and
addressing private petitions for land use plan amendments.
The Planning and Zoning Board formally reviewed this item at a
Special Meeting on February 14, 1994. The Board recommended
that the City Commission initiate Comprehensive Plan Amendment
94-1, containing the material stated in the attached staff
report and the following additional items:
* Update Land Use Element Table L-1 (existing land use
inventory) .
* Correct the description of the Planning Area in the Land
Use Element.
* Add Public Facilities Policy B-2.5 (Aquifer Storage and
Recovery) .
* Add Public Facilities Policy B-2.6 (Reverse Osmosis).
RECOMMENDED ACTION:
By motion, initiate Comprehensive Plan Amendment 94-1 pursuant
to the recommendation of the Planning and Zoning Board.
Attachment: P&Z staff report of February 14, 1994.
T:\advanced\CC94-1.DOC
·
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: February 14, 1994
AGENDA ITEM: II-B. RECOMMENDATION TO THE CITY COMMISSION
REGARDING THE INITIATION OF PLAN AMENDMENT 94-1
I T E M B E FOR E THE BOA R D:
The item before the Board is that of recommending to the
City Commission those items which should be considered in
Comprehensive Plan Amendment 94-1. Pursuant to LDR Section
9.2.1, amendments to the Plan must be formally initiated by the
City Commission.
B A C K G R 0 U N D:
The City is allowed to enact two amendments to its Comprehensive
Plan each year. This amendment (94-1) will be the first such
amendment for 1994.
The first amendment of the year generally focuses on updating
the work program in our Plan; making adjustments to the Capital
Improvement Program; updating the status of various objectives
and policies; corrections and general housekeeping; and
addressing private petitions for land use plan amendments.
Most of the items suggested for inclusion in the Plan Amendment
have been reviewed by the Board in previous work sessions.
.These items are listed below by category.
DELRAY OAKS PRESERVATION:
Change Conservation Policy B-1.2 (preservation of key parcels)
Add Conservation Policy A-1.4 (preservation of recharge areas)
Add Conservation Policy B-2.6 (protection of habitats)
Add Open Space Policy B-2.5 (access to natural areas)
Add Open Space Policy B-2.6 (facilities in natural areas)
WASTEWATER REUSE:
Change Conservation Policy A-4.7 ("grey water" for irrigation)
Change Public Facilities Policy A-1.2 (ocean discharge)
Delete Public Facilities Policy B-2.1 (WWTP effluent recycling)
II.B.
,
P & Z Staff Report
Initiation of Plan Amendment 94-1
Page 2
WATER CONSERVATION PROGRAM (rate structure):
Change Public Facilities Policy B-3.1 (techniques to decrease
water consumption)
Delete Conservation Policy A-4.2 (penalty for excess use)
TECHNICAL CHANGES:
Change Coastal Mg'mt Policy A-2.3 (multi-jurisdictional impacts
on ICWW)
Change Coastal Mg'mt Policy A-4.1 (additional water dependent
uses)
Change Coastal Mg'mt Policy A-4.3 (program implementation
participation)
Change Coastal Mg'mt Policy B-1.4 (beach access)
Change Coastal Mg'mt Policy D-1.1 (hazard mitigation)
Change Coastal Mg'mt Policy D-l. 2 (annual hurricane operations
plan review)
Change Intergovernmental Coordination Policy A-2.3 (resolution of
conflicts)
Housing Policy A-1.4 (sacred zoning)
Housing Policy A-2.4 (sacred zoning)
{ STATUS UPDATES:
Conservation Policy A-4.6 (canal water for irrigation)
Conservation Policy B-l.4 (wetland area along I-95)
Conservation Policy B-3.2 (Lake Ida shoreline)
Public Facilities Objective B-2 (water supply)
Housing Tables H-1 and H-2 and Figure H-1 (development
potential)
Change Coastal Mg'mt inventory (population in area)
Change Coastal Mg'mt Policy D-4.1 (drainage improvements)
Land Use Tables L-3 and L-4 and Figure L-4 (development
potential)
Change Land Use Policy C-4.3 (CBD development plan)
Delete Land Use Policy C-4.6 (educational institutions in
Pineapple Grove)
Change Land Use Policy C-4.9 (capital improvement projects)
Change Capital Improvement Policy A-1.1 (park and fire station
in southwest)
Delete Capital Improvement Policy A-3.10 (water and sewer
enterprise fund)
Part V - projects/programs schedule
CAPITAL IMPROVEMENT PROGRAMMING:
I Revisions to five year schedule
. '
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P & Z Staff Report
Initiation of Plan Amendment 94-1
Page 3
LAND USE PLAN AMENDMENTS:
Balance of Blood's Grove (94.81 acres from County: Medium
Density Residential - 5 units per acre, to City: Medium Density
Residential, Low Density Residential, Commercial Core and Open
Space)
Spence Property (14.4 acres from County: Commercial High
Intensity to City: Medium Density Residential)
R E COM MEN D E D ACT ION:
By motion, recommend that the City Commission initiate
Comprehensive Plan Amendment 94-1, containing the material
stated in the staff report.
Report prepared by: John Wal
Reviewed By David Kovacs on:
T:\Advanced\PZ94-1
I
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[IT' DF DELIA' BEA[H
DELRA Y BEACH
~ 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
;J.AmeriCa Ci, MEMORANDUM
, II t TO: Dav id T. Harden, City Manager
1993 ",,,I;
FROM: ~Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM c¡ G
CITY COMMISSION MEETING FEBRUARY 22, 1994
REQUEST FROM THE CHAMBER OF COMMERCE/DELRAY AFFAIR
DATE: February 15, 1994
Action
City Commission is asked to consider the request from the
Chamber of Commerce for endorsement of the Delray Affair,
staff assistance, signage and a 50/50 share of staff overtime
costs.
Backqround
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.
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.
Recommendation
Staff recommends approval of the Chamber of Commerce's
request with staff recommended exceptions.
RAB:mld n _ ....Æ
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~~~ l,y? . January 31, 1994 b"'I'..u~
CVV'<~~~I~~m£~ cc: Lula Butler
Mayor and City Commi sion ~ Mark Kilbourne
City of Delray Beach ~ Chief Koen
100 NW 1st Avenue " Chief Overman
Delray Beach, FL 33444 '\Joe Weldon
Dear Mayor and Commissioners:
The Delray Affair is scheduled for April 8, 9, 10, 1994 and we
would like to request your support once again.
We are very proud of the excellent reputation the event has earned
over the years and we attribute a part of our success to the great ·
relationship we have with the city. The event has a significant
economic impact of more than $13 million as measured in our 1992
Economic Impact Study.*
Please consider approval of the following 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 acts 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 to East 7th Avenue. Blocking access to
Atlantic from each side street in this area from alley to
alley. Suspension of parking time restrictions.
5. Provide City Staff support to the Planning Committee with
representation from Police, Fire, Streets, Engineering,
Fleet and Facility Maintenance, Community Improvement,
Parks & Recreation and City Managers Office.
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
23-April 11. permission to use hot air advertisng
balloons within the event area and at the shuttle bus
depot at the Delray Beach Mall.
64 SOUTHEAST FIFTH AVENUE . DELRAY BEACH. FLORIDA 33483
407/278-0424 . FAX 407 /278-0555
Chamber Accredited by United Stotes Chamber of Commerce
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Delrav Affair - paqe 2
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We request the city to share the cost of these overtime services
50/50 with the Chamber of Commerce.
We sincerely appreciate all of the efforts of the city emPldy~S
and look forward to a great Delray Affair in 1994. We hope each f
you will be a part of the festivities.
Yours truly,
/6d~~
William J. Wood
President
*Regional Research Associated, 1992
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MEMORANDUM
TO: City Commissioners
THRU: Alison MacGregor Harty, City Clerk
FROM: Anita Barba, Board Secretary
SUBJECT: UPCOMING VACANCY ON THE DELRAY BEACH HOUSING AUTHORITY
DATE: February 17, 1994
The term of Judith Colvard will expire on March 6, 1994. Ms. Colvard
was originally appointed to serve on March 6, 1990 to a term ending
March 6, 1994. The term is for four (4) years. Ms. Colvard is
eligible for reappointment and would like to be considered for an
additional term. She is also the chairperson. The attendance sheets
from June 1993 through January 1994 are attached.
According to the statute, "No Commissioner of an authority may be an
officer or employee of the City for which the authority is created.
Each housing authority created pursuant to this Chapter shall have at
least one commissioner who shall be a resident who is current in rent
in a housing project or a person of low or very low income who resides
within the housing authority's jurisdiction and is receiving rent
subsidy through a program administered by the authority or public
housing agency that has jurisdiction for the locality served by the
housing authority, which commissioner shall be appointed at the time a
vacancy exists. II A resident member of the Housing Authority was
appointed in March of 1993.
The following individuals have also submitted applications for
consideration:
Donald Al1grove
Norma Bannoura
Robin Bird (presently serving on the Board of Adjustment)
Richard Brautigan
Joseph Cadet
Bonnie Cipriani
David I. Cohen
Judith Colvard (incumbent)
Herbert Freese
Nadine Hart
Robert Hutzler
Richard Licastri
Rosalind Murray
Jay Slavin
Kelly P. Whalen
q H
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MEMORANDUM: City Commissioners
February 18, 1994
Page 2
According to Florida Statutes, members are appointed by the Mayor and
ratified by the Commission. However, at the City Commission meeting of
June 5, 1991, a consensus was reached wherein each Commissioner would,
on an informal basis and according to the rotation procedure, make a
recommendation to the Mayor as to Housing Authority appointees. For
this appointment, the recommendation will be made by Commissioner
Smith (Seat #1), and the appointment will be made by Mayor Lynch (Seat
#5).
Pursuant to Commission direction given at the City Commission meeting
of January 14, 1992, a check for possible code violations and municipal
liens was conducted. Dr. Cadet has one (1) outstanding municipal
lien in the amount of $151.92. A copy is attached to his application.
hhac.doc
1994
DELRAY BEACH HOUSING AUTHORITY
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
1 ! ¡ !
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Eugene Strews p
Rev. L.C. Johnson A I
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Kevin McCarty A !
Charles Broadnax p
Lawrence A. Hunt p
Gail Dillard A
Judith Colvard P
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1993
DELRAY BEACH HOUSING AUTHORITY
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Eugene Strews P P P A pip
Rev. L.C. Johnson C appr t 61 3) P P P Pip
Kevin McCarty Cap nt 9 93) P Alp
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Charles Broadnax P P P P ~ Alp
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Lawrence A. Hunt P P P e:. A ~ AlA
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Gail Dillard A P A 0 A :z pip
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Judith Colvard P P P P pip
Rosetta Rolle P Not reap oint. d
Randee Golder P P Resi ned
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
JUDITH A. COLVARD
NAME
918 Eve Street Delrav Beach. FL 33483
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
70 S. E . 4th Avenue Delray Beach, Fl 33483
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
272-4657 272-4155
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING PLANNING & ZONING
,...
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please inolude dates) bIOMf
EDUCATIONAL QUALIFICATIONS J. D. , Nova University Law School,
B. A. Texas Christian University, Post graduate sëminars in real estate,
Graduate of Leadership Delray 1989
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
Attorney licensed to pratice in Florida, Licensed Real Estate
salesperson (see resume)
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Self-employed Sole Practitioner - Attorney
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. Practicin2 Real Estate Attornev. Title A~ent for Attornevs Title
Tn!':lIranC"e Fund and First American Title Insurance Co.. Dast Treasuer
for Rea.l Esta~ neveloper. lSyea.r resident and DrODertv owner of
Delray Beach.
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 AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. 71ila v<ihil ~
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~ fI¡ 1?6f
~/ DATE
,
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JUDITH ARMSTRONG COLVARD
70 S. E. FOURTH AVENUE
DELRAY BEACH, FLORIDA 33483
(407) 272-4155
EDUCATION: NOVA UNIVERSITY CENTER FOR THE STUDY OF LAW
JURIS DOCTOR, May 1984
TEXAS CHRISTIAN UNIVERSITY
BACHELOR OF ARTS, 1974
Major: Government & Economics
EMPLOYMENT EXPERIENCE
LAW:
Sole Practitioner (1986- Present)
General Practice, includinq Real Estate,
Probate, Civil Litiqation, Family and
Corporate Law
Associate (1985)
Krupnick & Campbell, P. A.
Personal Injury and Products Liability Litiqation
Law Clerks hips (1983 - 84)
Cullen & Szymoniak, P. A.
Osborne, Hankins & MacLaren, P. A.
Real Estate, Civil Litiqation
OTHER:
Prior to 1981
Treasurer: Martin Corporation
Real Estate Development Company
Executive Secretary: University of Tennessee Medical
Colleqe
LAW RELATED ACTIVITIES
The Florida Bar
United States District Court, Southern District
United State Tax Court
American Bar Association
Palm Beach County Bar Association .
Association of Trial Lawyers of America
Attorneys' Title Insurance Fund, Inc.
COMMUNITY ACTIVITIES:
Delray Beach Chamber of Commerce
Leqislative Committee and Card Exchanqe Committee
Rotary Club of Delray
Leadership Delray, 1989
Delray Board of Realtors - Affiliate Member
Old School Square - Contributor Member
,
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MEMORANDUM
TO: City Commission
THRU: Alison MacGregor Harty. City Clerk
FROM: Anita Barba, Executive Assistant
SUBJECT: APPOINTMENT TO THE EDUCATION BOARD
DATE: February 18. 1994
William Keiser has verbally stated he is resigning from the Education
Board. The resignation will create a vacancy to a term ending July
31, 1995.
In order to qualify to membership. "The members of the Education Board
shall be residents of the City of Delray Beach or shall be a person
with a child or children attending Delray Beach public schools or
shall own property in the city and/or own or operate a business within
the city. Should a member of the Education Board not be a resident
of the City of Delray Beach. or a property owner and/or the owner-
/operator of a business within the city. and should that member's
child or children cease attending Delray Beach public schools. then
such member shall no longer be qualified to serve on the board".
Also, it is the intent. if possible, that the membership of the
Education Board shall include members who have a background in
business, real estate, and/or education.
The following persons have applied and have submitted their resumes:
Norma Bannoura
Eugene Binkovitz
David I. Cohen
Adele S. King
Nelson McDuffie
Rosalind Murray
Marilyn Schneider
Lawrence A. Siegel
Horace Waldman
Gladys Whigham
Reginald Williams
Pursuant to commission direction. a check for code violations and
property liens was conducted. No one has any outstanding code
violations or municipal liens.
Based upon the rotation system, the appointment will be made by
Co,1IIDissioner Randolph (Seat f/4).
nnp.doc
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME Gladys Whigham
261}6 nOT!':on W.R"
HOME ADDRESS (Street, City, zip Code) (LEGAL RESIDENCE)
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE Unlisted BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
Education Board
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
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.
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. GNATURE C . DATE
4/90
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fïV1
SUBJECT: AGENDA ITEM ~ 93 - MEETING OF FEBRUARY 22. 1994
SUPPORT COMPENSATION PROPOSALS/CONSULTANTS COMPETITIVE
NEGOTIATION ACT:
DATE: FEBRUARY 18, 1994
This item is before the Commission to support three bills presently
before the Florida legislature. SB1336 (Rick Dantzler) , SB1786
(Matthew J. Meadows) , and HB1099 (Steven Feren) are all designed to
permit governmental agencies to discuss and consider compensation
proposals with professional firms selected in the competitive
selection process. The bills have been referred to their respective
Governmental Operations Committees.
Many governmental entities have long complained of the inability to
discuss compensation with professional firms covered by the
CONSULTANTS COMPETITIVE NEGOTIATION ACT (CCNA) . The Engineering and
Architecture Associations will strenuously oppose these recommenda-
tions.
Unified and powerful support for these proposals is essential to
their passage. The Florida League of Cities fully supports the
proposals. They request that the Cities either adopt a resolution or
draft a letter in support of the proposed changes to the CCNA
process. Resolutions and letters should be sent to the City's
legislative delegation, with a copy to the League.
.
MEMORANDUM
TO: David T. Harden, City Manager
FROM: William H. Greenwood, Environmental Services Director ~ø
SUBJECT: CONSULTANTS COMPETITIVE NEGOTIATION ACT/SB 1336
(DANTZLER), SB 1786 (MEADOWS) AND HB 1099 (FEREN)
DATE: February 18, 1994
Attached is a draft letter which supports the proposed changes to
the Consultants Competitive Negotiations Act process.
Florida League of Cities has indicated their support of these
changes and have requested that cities either adopt a resolution
or draft a letter in support. The draft submitted for your
consideration meets that criteria.
Should you agree with the proposed letter, please place it on the
February 22, 1994 , City Commission agenda for their
consideration.
WHG:cl
Attachment
.
,
D R AFT LET T E R
Re. Consultants Competitive Negotiations Act/SB 1336 (Dantzler),
SB 1786 (Meadows) and HB 1099 (Fer en)
The City of Delray Beach fully supports the proposal which
permits governmental agencies to discuss and consider
compensation proposals during the selection process with
professional firms selected in the competitive selection process.
Most municipalities are having a very difficult time maintaining
their existing level of service because of decreasing revenues.
Every municipality must be cost conscience. Passing the
proposal would decrease costs for professional services and
therefore, decrease costs for Capital Improvement Programs.
We concur with the Florida League of Cities' decision to support
the proposed legislation.
City of Delray Beach
DAVID T. HARDEN
City Manager
,
,
-''¡' -.' ¡-U.L fEE: 18 ''34 16: 19
I (j:~
I
Palm Beach
Senator Mark Foley, Chair
2324 S. Congress Avenue, 2A
West Palm Beach, FL 33406
(407) 433·2668 SC 232·2668
Delegation Mailing Address:
301 North Olive Avenue. 10th Floor
West Palm Beach, FL 33401
(407) 355·2406 SC 273-2406
Delegation Contact Person: Mary Baruch
(407) 355-2406 SC 273-2406
Vice ChaiL Representative Robert Wexler
PALM BEACH DELEGATION MEMBERS
HOUSE MEMBERS SENA TE MEMBERS
Rep. Rick Minton District 78 Sen. William G. "Doc" Myers District 27
Rep. Tom Warner District 82 Sen. Robert Wexler District 28 ,---'
Rep, Sharon Merchant District 83 Sen. Ken Jenne District 29
Rep, Addie Greene District 84 Sen. Matthew Meadows District 30
Rep. Mìmi McAndrews District 85 Sen. James A. Scott District 31
Rep. Ed Healey District 86 Sen. Mark Foley District 35
Rep. Carol Hanson District 87
Rep. Suzanne Jacobs District 88
Rep. Ron Klein District 89
Rep. Debby Sanderson District 91
HoulSe Committee on Community Atr.frw
Declilrnber 15, 1993
Page 38
\
Please copy and
distribute to all
. F'~bruary 11, 1994 applicable persons:
Volume 21, No. 10 Au, CoUNCIL
MEMBERS -
MANAGER -
CLERK _
ATIORNEY _
FINANCE DmECTOR_
FAX IT TO ME!
The l£gislative Bulletin is now available through fax transmission within one hour after being completed in the League office!
If you are currently on the Bulletin mailing list and would like to receive it almost immediately, instead of receiving The Bulletin
through the mail, please detach and mail or fax [(904]222-3806] this form to the attention of Vicki Smith in the League office.
Yes! I would like to receive the l£gislative Bulletin immediately upon completion. Please fax the Bulletin to:
Name/title:
City/town/village:
FAX Number:
-------------------------------------------
It is very important that you keep each week's Bulletin Code Enforcement
for reference!
Reminder: All of the "Lean and Mean Top Sixteen" issue are SB 304 (Meadows) and lIB 693 (Schultz) revise the code
enforcement process to make it more expeditious, effective and
marked with an asterisk, inexpensive. Both bills have been referred to their respective
1994 Session Opens: Crime, Crime, Community Affairs Committees. Please contact your legislators
and encourage their support of these bills. See 2/4/94 Bulletin.
Crime ,(?onn)_ T::> ~ /ÆI. ¡.(.~,J.\;",. .4rt YPU 5'~Nc,1'''cj (.
Week One Consultants Competitive Negotiation
Governor Addresses Joint Session Gov. Lawton Chiles ct
addressed ajoint session of the House and Senate on Tuesday as SB 1336 (Dantzler ), SB 1786 (Meadows) and lIB 1099 (Feren)
the 96th regular session of the state Legislature be~an. His all designed to permit governmental agencies to discuss and
speech centered on anti-crime legislation, building a ditional ~onsidercompensation proposals with professional firms selected
prison and juvenile detention facilities and related criminal ~n the competitive selection process. The bills have been referred
justice recommendations. ito their respective Governmental Operations Committees. The
Panhandle Lobbying Team The League wouldlike to thank
the Panhandle League's lobbyists for their hard work during ¡League fully supports the proposals. (Conn)
Week One: Mayor HubertRodgers, Callaway, and Mayor Harley I Call To Action. The League requests that you either adopt
Henderson, DeFuniak Springs. I a resolution or draft a letter in support of the proposed
* Access to Local Public Officials changes to the ConsultantB Competitive Negotiation Act
(CCNA) process. Many governmental entities have long
complained of the inability to discuss compensation with
lIB 77 (Constantine and others), SB 262 (Silver and others) professional firms covered by the CCNA The Engineering
and PCB CA 94·05 (House Community Affairs Committee) and Architecture Associations will strenuously oppose these '.
provide for access to local public officials by the public. All three I recommendations. Unified and powerful support for these
bills are in their respective Comm unity Affairs Committees. The \ proposals is essential to their passage. Resolutions and
League fully supports all the bills and encourages you to contact I letters should be sent to your legislative delegation. Please
your legislators and urge their support. See 2/4/94 Bulletin. \ send a copy to the League. (Conn)
(Conn) ----- -~---- --------
* Administrative Procedures Act Eminent Domain
PCB TR 94·08 (House Transportation Committee) revises
lIB 237 (Mitchell and others) was heard on February 8 in the eminent domain provisions on offers of judgment and awards of
House Committee on Agency Rules. Rep. Bronson offered an attorneys' fees. The League is closely monitoring this proposal. If
amendment to delete the provision that would have placed local you are interested in reviewing the proposal, please contact Kraig
pollution control programs under the Administrative Procedures Conn or Tàmmy Revell at the League. The PCB has passed the
Act. The amendment was adopted and the provision was deleted. House Transportation Committee and will likely go to the Fi-
The bill remains inHouse Committee on Agency Rules. (Hayman) nance and Taxation Committee next. See 2/4/94 Bulletin. (Conn)
* Annexation * Enclaves
lIB 865 (Starks) and SB 1526 (Siegel) will be considered by PCB CA 94·02 {Saunders) and SB 484 (Dudley) will be
House and Senate Community Affairs committees. The League considered by House and Senate Community Affairs committees.
opposes these bills;they would eliminate a new annexation The League opposes these bills as they would eliminate the
category enacted in 1993 that currently allows less than un ani- "interlacal agreement" method for annexing enclaves ofl0 acres
mous consentofland owner!'! in non-rPRinpntlQ! fH' l1m;>nnnl..,...,,:¡ ...._1,..,..,.,____...._..J~_ "innn ...., ,." .. ., .. .... - -
,
If,
í Y,xA
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORlDA 33444
FACSI~!ILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
Date: February 18, 1994
To: City Commission
From: Susan A. Ruby, City Attorney
Subject: Lakeview Rezoning
The City Commission voted on February 8, 1994 to initiate the
rezoning of the Lakeview Golf Course. At that meeting, the
City Commission directed City staff to meet with Lakeview
property owners to discuss purchasing the property.
The City Manager and I met with the property owners and their
representatives on Friday, February 18, 1994. At that meeting,
Nancy Stroud, representing the owners, requested that we bring
before you their request for a postponement on the rezoning for
three months.
The owners' purpose in proposing the delay is to give time for
negotiations to take place without the need for them to
prepare in the interim for a rezoning hearing.
By copy of this memorandum to David Harden, our office is
asking that this matter be placed on the City Commission
~genda for February 22, 1994.
SAR: jw
cc: Nancy Stroud, Esq.
David Schmidt, Esq. ql<
David Harden, City Manager
(DOTIon -to pOSTpcn S PC:¡-:2 Bo-Am
ŒOÎ\Si dSRA+ion U--n cH' I .JuJ <-r
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(j)~. PI pE,e¡ /)
d/55é/J77/?9 )
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[ITY DF DELAAY BEA[H
DElRA Y BEACH
F lOR IDA
....... 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
AII·America Ci, CJ~ ~ .;u
"111. MEMORANDUM
:Ø
. ê6ì/~'
1993 cJ;1 ~dcJ/9Lf ~
TO: David T. Harden, City Manager
-.5....0 00
FROM: r/'Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM
CITY COMMISSION MEETING FEBRUARY 22, 1994
ADOPT "SHARING FOR EXCELLENCE IN SCHOOLS 1994" PLAN
DATE: February 15, 1994
Action
City Commission is requested to adopt the "Sharing for
Excellence in Schools 1994"p1an and direct staff to forward
the plan to the Palm Beach County School Board and the
Visions 2005 committee.
Backqround
At the request of City Commission, a committee comprised of
Education Board members, the original Consensus Statement
Task Team members and City staff reviewed the "Sharing for
Excellence in Schools 1990" plan and the "Consensus
Statement" and developed the "Sharing for Excellence in
Schools 1994" plan. This action plan is an update of the
original document and is based on current situations and
considerations.
The plan before you has been amended to include the changes
recommended by the committee and Education Board at their
meeting on February 7, 1994, and those changes requested by
City Commission at your last workshop.
Recommendation
Adopt the "Sharing for Excellence in Schools 1994" plan.
CfL
RAB:mld
® Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
, ,
. . .
SHARING FOR EXCELLENCE IN SCHOOLS 1994
AN UPDATE OF
THE DELRAY BEACH PLAN
A proposal in furtherance of efforts to revitalize area schools,
reduce overcrowding, enhance facilities, achieve racial balance
and address unique considerations with educational excellence
in the public schools of Delray Beach, Florida.
Adopted by unanimous vote of the City ComMission of Delray
Beach, Florida, él:J.
February ).5, 1994.
. .
Prea.ble
The City of Delray Beach, an All-America City, prescribes to
the precept that the quality of public schools plays a vital
role in the economic and social well-being of our community;
that in order to achieve this economic and social well-being and
to attract families with children, our public schools must be
racially balanced, overcrowding must be reduced, and we must
offer facilities and programs at least equal to those offered in
developing areas of Palm Beach County; and that the School
Board, City and County working together can achieve excellence
in our schools for all of our students.
Background
In April, 1989, the City of Delray Beach, by unanimous vote
of its City Commission, adopted a plan, entitled Sharing for
Excellence in Schools 1990 - The Delray Beach Plan, that set
forth the City's findings and conclusions regarding the state of
public schools serving the student population of the City,
together with detailed proposals designed to address such
matters.
The City's findings in 1989 included the following:
· School Board programs and policies had not succeeded in
achieving racial balance in Delray Beach public schools;
· neighborhoods located in the area bounded by 1-95,
Swinton Avenue, Lake Ida Road and Linton Boulevard were
divided into thirteen different elementary school
districts with students residing in these neighborhoods
attending nine different elementary schools;
· strong and pervasive negative perceptions existed
concerning public schools in Delray Beach, inhibiting the
achievement of proper racial balance;
· Delray Beach was slated to receive disproportionately
inadequate levels of funding with respect to construction
of new schools and renovation/expansion of existing
schools.
Following its adoption, the City submitted the Plan to the
School Board of Palm Beach County for its consideration and
later received from School Board staff their response.
At a JUly, 1989, joint meeting of the City Commission and
the School Board, the Plan and staff response were addressed,
resulting in the creation of a Joint Task Force consisting of
four members appointed by the City, four members appointed by
the School Board, and a ninth member, to serve as chairman,
jointly selected by the City and School Board. The Joint Task
Force deliberated the merits of the Plan and staff's response,
2
. ,
and produced a Consensus Statement encompassing elements of the
Plan and other factors. The Consensus Statement was adopted by
the City and the School Board in November, 1989. Implementation
of the Consensus Statement's provisions is ongoing.
St:atus of Implementation
Since the adoption of the Consensus Statement, many of the
recommendations contained herein have been accomplished and/or
set in motion. These accomplishments have had a positive impact
on our community and are a result of the cooperative spirit
that has existed bet:ween the School Board. the City of Delray
Beach. and their respective staffs.
As a consequence of cooperative measures undertaken by the
School Board and the City,
· ( 1) the physical plant, educational programs (in
particular, the Montessori instructional program),
vehicular access and neighborhood conditions
associated with S.D. Spady Elementary have
significantly improved, resulting in the achievement
of racial balance in keeping with School Board goals
together with the virtual eradication of negative
perceptions previously associated with Spady;
· (2) the City has undertaken substantial measures to
improve roadways, intersections, access and
neighborhood conditions at the Pine Grove
Elementary school.
· (3 ) a new middle school is under construction in a
central Delray Beach location, equally accessible
to the diverse student populations of the City;
· (4) the School Board and City have selected a site for
construction of a new elementary school and
associated park in the City;
· (5) improvements have been made to the Pine Grove
Elementary and Atlantic High School facilities;
· (6) improvements to recreational fields at Atlantic
High School and Carver Middle School have been
jointly implemented by the School Board and the
City;
· (7) plans for further upgrade and expansion of the
Pine Grove Elementary and Plumosa Elementary
campus/facilities are nearing implementation with
funding allocated; and
Also noteworthy are several initiatives originally proposed
in Sharing for Excellence, ancillary to improvements of school
facilities, which have since been institutionalized. These
include:
3
, '
· creation of an advisory board to the City Commission,
the City's Education Board;
· creation of the S.D. Spady School Advisory Council; and
· enhanced City code enforcement activities surrounding
all schools in Delray Beach.
Current Situation
Notwithstanding the joint accomplishments to date the
following conditions exist:
· almost all schools in Oelray Beach are overcrowded
· racial balance at Pine Grove Elementary school is
unacceptable to the City and School Board: 72% Black 27%
Other
· still have too many school attendance zones especially
at the elementary school level and our neighborhoods
remain intolerably divided:
11 different elementary school attendance zones (with
four elementary schools In Oelray Beach)
4 different middle school attendance zones (with one
middle school in Oelray Beach)
4 different high school attendance zones (with one
high school in Oelray Beach)
· non-contiguous school boundary enclaves continue to
exist
· construction of new middle school two years behind
original target date.
With the delay in implementation of the middle school and
elementary school construction programs, overcrowding and racial
imbalance have been exacerbated. Even with the opening of
School "S-2" (Military Trail õJ Linton Boulevard), neither the
overcrowding, nor racial imbalance, at Pine Grove Elementary
will be significantly relieved. Meanwhile, the physical
conditions at Atlantic High School have substantially
deteriorated as that school also IS experiencing an unacceptable
level of overcrowding. Even though completion of the new Carver
Middle School will undoubtedly yield an improvement in racial
balance; overcrowding at the middle school level is still an
area of concern. The current status of Oelray Beach public
schools with respect to overcrowding and racial balance is as
follows (Source: Palm Beach County School Board):
DELRAY BEACH SCHOOLS
Hl\1TE BLACK AS IAN/ AMERICAN
NON % NON % % PACIFIC % INDIAN/ % MEMBERSHIP 2ND 9 WEEKS
SCHOOL N~_o__I!ISPANIC_ HISPA!lLCo______H!~PANIL_____ ~SLA~~Ro __0 o~~~SKAt!_ ~~~c:Hoo~ YEA~__
TOT CAP
BANYAN CREEK ELEH. 756 57% 406 30% 122 9% 45 3% 7 1% 1336 700
PINE GROVE ELEHENTARY 125 14% 630 72% 106 12% 8 1% 0 0% 869 600
PLUHOSA ELEMENTARY 260 49% Zl2 40% 50 9% 5 1% 3 1% 530 590
S.D. SPADY ELEHENTARY 343 55% 247 40% 23 4% 6 1% 0 0% 619 560
CARVER HIDDLE 368 37% 462 47% 138 14% 15 2% 2 0% 985 1275
ATlANTIC HIGH 1269 61% 532 26% 183 9% 74 4% 6 0% 2064 1818
4
Conclusions
Although, together, we have been successful in making
physical plant improvements and program changes in some of our
schools which have led to natural integration and excellence
(i.e., S.D. Spady, Banyan Creek, Atlantic) perceptions
associated with public schools located in Delray Beach, in many
respects outside our community, remain unsatisfactorily
negative. A recent example of this negativism was demonstrated
with the proposal to establish a 6th grade center at Carver
Middle School.
The current challenges associated with Delray Beach public
schools are not new to the School Board. These matters, and the
situations that have led to them, have been chronicled in
Project MOSAIC and its successor activities. Indeed, on
February 3, 1994, the School Board and the Palm Beach County
Commission met in joint session to discuss, among other items,
"Revitalization of Coastal Schools/Communities", and an
Education Element for the County's Comprehensive Plan.
The City Commission continues to rate as a top priority the
overall conditions, both real and perceived, of public schools
serving the City's student population. Accordingly, the City
Commission of the City of Delray Beach unanimously reaffirms its
conclusion set forth in the Plan dated April 25, 1989, updated
as follows:
"The circumstances above recited, particularly those
concerning persistent and often false negative public
perceptions, cannot be overcome by promotional campaigns or
by isolated or occasional measures implemented piecemeal. A
comprehensive plan affecting public elementary, middle and
high schools remains urgently necessary. This plan must
account for social realities. It must employ a cooperative
effort jointly undertaken by the citizens of Delray Beach,
their City Government, the School Board of Palm Beach
County, and Palm Beach County Government. It must also
address long term, as well as near term, objectives. The
commitment to this plan must be more than merely symbolic,
and .ust be continuing, since the quality of life and the
social and business vitality of the City of Delray Beach in
the long terms is literally at stake. "
The City Commission of the City of Delray Beach has
unanimously adopted, and requests the School Board of Palm Beach
County adopt, in its entirety, the program herein set forth
known as Sharing for Excellence in Schools 1994 - An Update of
The Delray Beach Plan. Without the School Board's help we
cannot reach our goals or provide the excellence in education
that each and everyone of our students deserve.
S
., '
· .
GOALS
1- Achieving and maintaining a satisfactory and stable racial
balance in each and every elementary, middle and high school
attended by student residents of Delray Beach.
2. Minimizing the bussing of Delray Beach students to schools
outside of Delray Beach.
3. Minimizing overcrowding.
4. Enhancing existing public school campuses and facilities,
meet Southern Association standards, including special
facilities/programs to the benefit of the school and the
surrounding community.
5. Encouraging the cohesiveness of residential neighborhoods by
lessening the number of school districts to which the
students residing in such neighborhoods are assigned.
6 . Drawing school district boundaries so that each district
comprises a contiguous area around a school, minimizing to
the extent possible the creation of non-contiguous enclaves.
7. Flexibility to protect individual schools by adding or
subtracting areas adjacent to their existing school
districts rather than by employing enclaves located
elsewhere.
8. Overcoming the often false and lingering negative public
perceptions which inhibit achieving and maintaining a proper
and stable racial balance in the public schools of Delray
Beach.
6
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ACTION PLAN
The proposals herein set forth, coupled with those
heretofore accomplished, those currently under implementation,
and those being prepared for implementation, are interrelated
and form an integral plan. The City urges that each and all of
these proposals be adopted and implemented concurrently. (The
party responsible for implementation of each element of the plan
is identified in parenthesis).
Proposal I - Elementary School S-2 (Blood's Hammock Groves site)
Delays associated with the opening of School S-2 create a
"domino effect" with respect to relieving overcrowding and
achieving improvements in racial balance at other elementary
schools in the area. The School Board is urged to proceed with
utmost haste to open School S-2 by September, 1995. The City
pledges its cooperation in support of this objective.
- Immediately consummate the purchase of the site
identified and approved in 1993 by the School Board,
located on property presently known as Blood's Hammock
Groves west of and contiguous to the Foxe Chase
subdivision, and commence construction of the elementary
school presently designated "School S-2" by the School
Board for completion by commencement of the 1995/96
school year.(School Board)
- Immediately consummate the purchase of the site
identified and approved in 1993 by the City, located
north of and contiguous to the site for School S-2.(City)
- As and when appropriate, process necessary applications,
pertinent to the sites set forth above, for annexation,
site plan approval, conditional use approval and
rezoning.(City)
Proposal II - New Elementary School
Reviewing existing school population data and considering
the impact of schools S-2 and S-I, it is evident that additional
facilities are needed to alleviate overcrowding.
- Promptly identifY and purchase a suitable site for, and
as soon as practicable commence the construction of, an
elementary school within the corporate limits of Delray
Beach, targeting the Southeast area. Emphasis should be
placed on selection of a site which is inviting to all
student populations designated to attend the
school.(School Board)
7
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Proposal III - Plumosa Elementary School
In order to bring the facility up to standards of other
elementary schools, the following is recommended:
- Complete the construction of improvements currently
planned and approved in time for the commencement of the
1994/95 school year, including reconfiguration of entry
way and bus drop-off/parking, and construction of media
center and administrative space.(School Board)
Proposal IV - Pine Grove Elementary School
The following elements of this Proposal IV are intended to
facilitate the utilization of Pine Grove for several specific
educational needs, one or more of which might be considered
"magnets, " to stimulate voluntary attendance by white student
pOPulations. This school should no longer be assigned specific
attendance districts and, therefore, would be removed from
concerns surrounding it with respect to districting and its
racial balance. Proposals I and II above are integral to, and
should be undertaken in concert with, the implementation of this
Proposal IV.
- Purchase the undeveloped acreage west of and contiguous
to the Pine Grove Elementary campus (School Board) and
proceed with steps necessary to rezone the property as
"Community Facilities" (City).
- (School Board) Commence the construction of improvements
currently planned and approved by the School Board,
including, without limitation, the following:
· media center
· additional classrooms
· music lab
· art lab
· administrative offices
· other specialty rooms
(School Board) utilize Pine Grove as a Special Resources
Educational Center which might include any, or all, of
the following programs (the City acknowledges that
certain of the following programs are presently in place;
the City supports the continuation thereof):
· preschool intervention/Head Start
· ESOL
· performing arts "magnet" program
· foreign language immersion of FLEX "magnet" program
· other such "magnet" program(s) that will both
encourage an increase in white student attendance and
serve to the benefit of the student population residing
in areas immediately surrounding the Pine Grove campus
8
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Proposal V - S.D. Spady Elementary School
The conversion of S.D. Spady to a Montessori School,
physical plant improvements, and neighborhood improvements have
all contributed to increasing the school population at S.D.
Spady and racially balancing the school. In fact, there is now
a waiting list for the school with applicants from all over
south county. Due to these factors, it is recommended that:
- the only SACs assigned serve the immediate neighborhood
as described by the following geographical boundary:
Atlantic Avenue to the south, 1-95 to the west, Lake Ida
Road to the north and Swinton Avenue to the east.
- in addition, delayed renovation to Buildings D and E must
be accelerated along with renovations to rest room
facilities.
- finally, coordination must occur to insure construction
of the special bus access with attendent facilities
commensurate with the widening of Lake Ida Road.
Proposal VI - COld) Carver "iddle School Campus/Facilities
Taking into consideration the proposals generated by the
School Board/City of Delray Beach joint task force and
committees established to study the matter, a plan for the
continued use of the existing Carver facilities should be
adopted forthwith such that implementation thereof may commence
coincident with the opening of the new Carver Community Middle
School. Insofar as practicable, the Carver facilities should be
utilized, along the lines of a Full Service School, in a manner
that enhances the economic and social well-being of residents in
surrounding neighborhoods, and should not lie idle for any
significant period of time subsequent to the opening of the
replacement Carver Community Middle School.(City and School
Board)
Proposal VII - New "iddle School
School Board statistics and studies show the need for
additional middle schools in south county. Due to this need the
School Board is requested to:
- Consider the construction of a second new middle school
within or proximate to the corporate limits of Delray
Beach in furtherance of efforts to alleviate overcrowding
in existing middle schools. A target date for the
opening of such new middle school within five years of
the date of this Plan is realistic.(School Board)
Proposal VIII - Atlantic High School
Significant improvements, both in physical plant and
educational programs, have been accomplished at Atlantic High
School during the past five years. Nonetheless, Atlantic houses
a sizable student population, many of whom attend the school for
9
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· .
special purposes, and remains in need of further attention.
Even when the new high schools in Boynton Beach are completed
and the student population decreased, facility improvements are
urgently needed to adequately meet student needs, to meet
Department of Education standards, and bring facilities UP to a
level equal to other area high schools.
- Review the 1992 D.G.E. survey and begin planning and
development of funding sources to add and renovate
facilities to meet minimum D.G.E. standards. Facilities
to include:
- expand cafeteria space (food service)
- expand gymnasium
- add wrestling and weight rooms
- add rest rooms to meet minimum state code requirements
- provide handicapped accessibility to all facilities
Proposal IX - New High School
Residential growth continues to expand in the areas west
from Lantana to Boca Raton. Two new high schools are planned
for construction in and west of Boynton Beach. These high
schools, however, are not planned for completion until the
'97-'98 school year and are based on existing, outdated growth
projections. It is felt that even with these additional schools
- Ai:lantic High School will continue to be overcrowded. In view
of these considerations we propose:
- a revised study of growth projections for the high school
population and if projections warrant it, consideration
of the construction of a new high school within or
proximate to the corporate limits of Delray Beach.(School
Board)
- accelerate the construction of the proposed high schools
in and west of Boynton Beach.
These recommendations will assist in relieving projected
overcrowding at Atlantic High School.
Proposal X - Neighborhood Considerations
The City pledges to continue and expand its focus with
respect to the quality of life in neighborhoods surrounding each
of the public schools located within the corporate limits and
jurisdiction of Delray Beach. Emphasis shall remain on such
areas as code enforcement, crime prevention, and promotion of
community groups and neighborhood associations dedicated to such
social enhancements. Contact will continue through liaison with
the City's Education Board and individual School Advisory
Councils (SACs) at each school. (City)
10
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Supplemental Recommendations
- The School Board and the City should cooperate in
developing factual information and a marketing strategy
for Delray Beach schools to help offset negative
perceptions.CSchool Board and City)
11
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. . .
SUMMARY COMMENTS
The City maintains its belief that the negative matters that
continue to reflect on Delray Beach and its public schools can
be solved in the very immediate future by the adoption and
implementation, in its entirety, of Sharing for Excellence in
Schools 1994 - An Update of The Delray Beach Plan. Below is a
matrix showing the City's goals, as hereinabove set forth, and
the likely consequences of this Plan's Proposals toward
achieving these goals.
Table 1 - Matrix Analysis of Proposals and Goals
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~ 1 2 3 4 5 6 7 8
Improve Minimize Reduce Enhance Cohesive Minimize Boundary Improved
Racial Bussing Over- Existing Neighbor- Enclaves Flexibility Perception I
Proposal Balance crowding Facilities hoods i
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School S-2 V' V' V' V' V' V V ¡
--~-~ ----- - u_ - ~ n _ - . ~-------- -
II
New Elem V' V V V V V V
----~.._-~ -------- ----- - --- - - __ u______O._ ___ - - ---
III
Plumosa V' V
----_.-._------- -.------ -- ----- ----~. -~- ~ ~ - - - -
IV
Pine Grove V V V V V V
~._._._------- -~ --- --- ----- -~~ ---- ---~-~~ --_.---- --- -~- -----..
V
rODO SpAJjy ../ V V if V V
- ~ ~,~--~- - ~-~
VI
Old Carver V V' V
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New Middle V' V' V' V' V V'
I-~ --vIi i- ------- - -------- - ~ ____u __ ___."___ _ -- -- -- ---- ------------ - _.-- ----- -~--
V V' V' V'
i Atlantic
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IX
New H.S. V' V' V' V' V' V'
----- -~------- --- --- ---- ---------- - -- - - ------- -- ---"- -----. ~-- --- 1---- ----- --~- ----~-
X V' V' V'
Neighborhood
As expressed in the original Sharing For Excellence, halfway
measures are not enough . . immediate and dramatic actions are
necessary and appropriate - actions as herein set forth.
The City of Delray Beach calls upon the School Board of Palm
Beach to continue its cooperative undertakings with the City by
accepting and implementing each and every element of this
Sharing for Excellence in Schools 1994 - An Update of the Delray
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Beach Plan.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM:· CITY MANAGERt7~
SUBJECT: AGENDA ITEM it /0 A - MEETING OF FEBRUARY 22. 1994
ORDINANCE NO. 5-94:
DATE: FEBRUARY 18, 1994
This is a public hearing of an ordinance modifying the Community
Redevelopment Plan for the City of Delray Beach to .account for
certain changes which have occurred since the last amendment of the
Plan, to account for modification or completion of project
components, and to provide for the addition of several new programs
to the Plan. An overview of the major changes to the Plan is
provided in the accompanying transmittal letter from the CRA. The
review document prepared by staff is also attached. A copy of the
amended Community Redevelopment Plan is provided for each Commission
member.
There are no items of significant inconsistency with the City's
Comprehensive Plan. Two minor items will be accommodated by changes
to the City's Plan in Amendment 94-1 which is now in process. They
are:
( 1 ) The use of the remaining "redevelopment seed money: in the
Old School Square Area specifically for Blocks 76 & 84 (Part IV,
Project 2.5) should be clearly reflected in the Capital Improvement
Element (and elsewhere as appropriate) in the City's Comprehensive
Plan; and
(2) The change in the schedule for Project 1.2 (West Atlantic
Avenue Redevelopment Plan) is inconsistent with the Future Land Use
Element. That policy should be amended to reflect the CRA project
schedule.
The Planning and Zoning Board formally reviewed this item on January
31, 1994. After discussion with the Director of the CRA, the Board
(on a 3-1 vote) found the proposed changes not to be inconsistent
with the Comprehensive Plan.
Recommend approval of Ordinance No. 5-94 on second and final reading.
p~ 6-0
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
FROM: ID ;. ~V~P.
DIRECTOR OF PLANNING
SUBJECT: MEETING OF FEBRUARY 8, 1994
FIRST READING, ADOPTION OF C.R.A PLAN AMENDMENT #2
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the second amendment to the CRA Plan,
subsequent to its major revision/rewrite of 1992.
B A C K G R 0 U N D:
The CRA, by its Resolution 93-53 on December 22, 1993, adopted
and forwarded the second amendment to the CRA's Community
Redevelopment Plan. The document was reviewed by the Planning
Department Director and other affected members of the
Administration. The review document is attached for your
information. The Plan document is being provided separately by
the C.R.A.
A N A L Y S I S
There are no items of significant inconsistency with the City's
Comprehensive Plan. Two minor items will be accommodated by
changes to the City's Plan in Amendment 94-1 (now in process).
Concerns pertaining to program directions and assumed use 0 f
City resources are noted in the Administration's review
document.
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PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board formally reviewed this item at a
Special Meeting held on January 31st. After a substantial
discussion with the Director of the C.R.A., the Board on a 3-1
vote found the proposed changes not to be inconsistent with the
Comprehensive Plan. The Board also recommended that certain
technical items which require adjustments to the Plan text be
made prior to second reading.
R E COM MEN D E D ACT ION:
By motion, approval of the adopting ordinance on first reading.
(If so approved, public hearing and second reading should occur
on February 22nd.)
Attachments
* CRA Resolution t 93-53
* P&Z Staff Report & Documentation of January 31, 1994
* CRA Plan document, with amendment ... by the CRA
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ORDINANCE NO. 5-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY
REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH,
FLORIDA, IN ITS ENTIRETY: FINDING THAT THE
MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT
ACT OF 1969, AS AMENDED: FINDING THAT THE
MODIFICATION IS CONSISTENT WITH THE CITY OF DELRAY
BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER
FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF
FLORIDA STATUTES SECTION 163.360(6) (7): PROVIDING A
SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
I' Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a
I Community Redevelopment Agency as provided in Florida Statutes Section
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Ii 163.356: and
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:1 WHEREAS, on December 23, 1986, the Board of County
Commissioners of Palm Beach County passed and adopted Resolution No.
R-86-2003 delegating the exercise of the powers conferred upon the
County by Chapter 163, Part 3, Florida Statutes, within the boundaries
of the City of Delray Beach to the governing body of the City of
Delray Beach completely and without limitation: and
WHEREAS, the City Commission of the City of Delray Beach,
Flori-da, has heretofore approved a Community Redevelopment Plan on
September 9, 1986, by Resolution No. 49-86 as subsequently amended on
November 24, 1987, by Resolution No. 47-87, and as further ratified
and amended on February 14, 1989, by Resolution No. 6-89, and as
" further ratified and amended on September 25, 1990, by Resolution No.
ß6-90: and as furthe~ ratified and amended on April 9, 1991, by
Resolution No. 28-91: and as further ratified and amended on November
26, 1991, by Re.olution No. 93-91: and as further ratified and amended
on May 26, 1992, by Ordinance No. 17-92: and as further ratified and
amended on December 1, 1992, by Ordinance No. 60-92: and
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WHEREAS, the Community Redevelopment Agency of the City of
Delray Beach, Florida, hereinafter referred to as the "CRA", has
, heretofore adopted a Community Redevelopment Plan: and
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:' WHEREAS, the CRA is desirous of modifying said Plan in its
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~ : entirety to account for certain changes which have occurred since the
.; last amendment of the Plan, to account for modification or completion
of project components, and to provide for the addition of several new
,. programs to the Plan: and
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WHEREAS, the CRA of the City of Delray Beach has recommended
to the City Commission of the City of Delray Beach, Florida, pursuant
to CRA Resolution No. 93-53 passed and adopted on December 22, 1993,
that the Community Redevelopment Plan be modified, amended and
ratified in its entirety in the form attached hereto as Exhibit nAn;
and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modification conforms to the Community
Redevelopment Act of 1969, as amended; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the modification is consistent with the City of
Delray Beach's Comprehensive Plan; and
" Commission of the City of Delray Beach,
, WHEREAS, the City
I.
" Florida, finds that the modification meets the applicable requirements
¡i of Section 163.360 (6) (7), Florida Statutes; and
WHEREAS, the City Commission shall hold a public hearing on
said modification to the Plan, after public notice is given in
conformance with the requirements of Chapter 163, Part 3, Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the preamble stated above is hereby
incorporated by reference herein, as findings of fact upon which this
ordinance is based.
Section 2. The Community Redevelopment Plan is modified ~n
ïts entirety in' the form and as attached hereto as Exhibit "A" and
made a part hereof.
Section 3. That if any section, subsection, paragraph,
sentence or word or other provision of this ordinance, or any portion
thereof, or its application to any person or circumstance, be declared
by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not effect the validity of any
other section; subsection, paragraph, sentence or word or provision or
" its application to other persons or circumstances and shall not effect
il the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
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Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day 0 f , 1994.
MAY 0 R
ATTEST:
I City Clerk
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First Reading
Second Reading
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RBSOLUTIOR KO. '3-S~
A RBSOLftI08 OP TBB COJOCUII I T'I RBDBVBLO~ AGUC'I
RBCOJOIBIIDIRO 'fO TBB CIT'I COMMISSIOR OP Tn CIn OP DBLRA'I
BOCB A MODIPICATIOK TO TSB COMICURIT'I RBDBVBLO~ PLAIr
MODIP'IIRO AIID AMIDIDIHO TD SAID COMMURIT'I RBDBVSLOPMBft
PLAIt IR ITS BlnIRBn.
wøBRBA8 , the City Commission of the City of Delray Beach,
pursuant to Resolution 49-86 has approved the Community
Redevelopment Plan for the Community Redevelopment Aqency of the
City of Delray Beach as subsequently amended on November 24, 1987
by Resolution No. 47-87, as further ratified and amended on
February 14, 1989 by Resolution No. 6-89, as further ratified and
amended on September 25, 1990 by Resolution No. 86-90, as further
ratified and amended on April 9, 1991 by Resolution No. 28-91, as
further ratified and amended on Hay 26, 1992, by Ordinance No. 17-
92, and as further ratified and amended on December l, 1992, by
Ordinance No. 60-92J and
1fIIBRBAS , the Community Redevelopment Aqency has determined
that it is in the public's best interest to recommend to the City
Commission of the City of Delray Beach a modification of the
Community Redevelopment Plan in its entirety in fora attached
. ..
hereto as Bzhibi t -A-.
ROlf, ~oa, .. I~ aBSOLVED:
1. The Community Redevelopment Aqency recommends to the
City Commis.ion of the City of Delray Beach that the Community
Redevelopaent Plan be modified, amended, and ratified in its
entirety in the fo~ as attached hereto a. Bxhibit -A-.
2. This recommended modification, aaendment, and
ratification to the Community Redevelopment Plan shall be forthwith
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submitted to the City Commission of the City of Delray Beach for
public hearing and approval.
RESOLVED this ~~~þ day of ~EN~ , 1993, by a
to t) .
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PLMRING AND ZONING BOARD MlMORAMDUM STAPP UPORT
MEETING OF: JANUARY 31, 1994
AGENDA ITEM: II Review, Comment, and Finding. Regarding
Propo.ed Amendment .2 to the C.R.A. Plan
I T B M B B FOR B T H B BOARD
The item before the Board i8 that of making a
finding of consistency and providing recommendations
and comments to the City Commission with respect to
proposed Amendment .2 to the C.R.A. Plan.
Such review is required pursuant to Part Three - V
(page 3.15, copy attached) of the C.R.A. Plan, and is
consistent with the role and responsibilities (LOR
Section 2.2.2) of the Planning and Zoning Board.
BACKGROUND
The current C.R.A. Plan was approved by the City Co-.l.sion
on May 28, 1992 (Ordinance 17-92). Time did not allow P&Z
review prior to adoption so a provision was included in the
adopting ordinance which provided that conflicts with the
City's Comprehensive Plan would be resolved per the City
Plan. In september, 1993, the P'Z Board issued a formal
report on consistency, noted inconsistencie., and made
several suggestions for modifying the plan document. That
report was accepted by the City Commission on Octobe~ 13,
1992.
Amendment '1 to the C.R.A. Plan was reviewed in a joint
worksession with the City Commission, CRA Board, and P'z
Board on November 3rd, 1992. Among other ite.., ·that
Amendmènt addre.sed the P'Z Board comment. set forth in the
September, 1992 report. A formal report was prepared for
the P'Z Board and action (finding of consistency with two
ite. of reco..endation) was taken November 16, 1992.
Amen~nt '1 wa. approved by the City Commis.ion on December
1, 1992 (Ordinance 60-92) with direction to accommodate the
Board's recommendations. The change. were entered into the
CRA Plan and were ratified by the City Commi.sion on January
12, 1993.
Amendment .2 to the C.R.A. Plan was proposed by the C.R.A.
Board on December 22nd, 1993 (their Resolution No. 93-53).
The proposed amendment was transmitted to the City's
Planning and Zoning Board by letter of December 28, 1993,
and is now before the Board for formal review.
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A N A L Y S I S
The analysis of proposed Amendment 12 is addressed in the
same manner as was review of the totally revised Plan
(September, 1992) and Amendment 11 (November, 1992). It is
comprised of the following sections:
A. General Comments
B. Finding of Consistency / Identification of
Conflicts between the CRA Plan and the
City's Comprehensive Plan.
C. Comments on policy and program direction.
D. Comments on technical ite.., data
deficiencies, and dated material, including
suggestions for up-dating.
General Comments: As stated in the review of Amendment 11,
the format and organization of the C.R.A. Plan lends itself
to easy use and is an excellent document for prograa and
long-term planning. Graphic enhancements (charts, tables,
varying print styles) in this edition have made the document
even more user friendly.
As noted in the September, 1992, review much of the
background data was out-of-date and continues to be so. An
effort to up-date the background material in Parts II , III
would be appropriate. Since neither these Parts nor the
Goals (Part V) were presented in a strike-through and
underlined format (showing deletions, additions, and
changes), only a brief overview was accomplished in this
current review.
As the C. R.A. amends its Plan to adjust to change. in its
programs and demands placed upon it, there appears to be
some changes in direction without a specific acknowledgement
of such. This conclusion may be incorrect a. neither the
Planning Department nor the Board were a part of the
deliberation which occurred during preparation of the
proposed amendment.
Also, the balance of this report focuses upon conflicts with
Comprehensive Plan and items in the proposed ..endment which
could be i.proved. It does not list or elaborate on the
CRA's many program accomplishment and the Plan revisions
are being made which reflect substantial progress in
implementation of several projects. Thus, the reader should
be carefull to not interpret this report as being negative
in character. Rather, it is intended to identify conflicts
which must be resolved and to present constructive
suggestions for improving the amendment.
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Findinq of Consistency / Identification of Conflict. between
the CRA Plan and the City'. Comprehensive Plan:
1. The use of-the remaining "redevelopment seed money" in
the Old School Square Area specifically for Block .76 , .84
(Part IV, Project 2.5) should be clearly reflected in the
Capital Improvement Element (and elsewhere a. appropriate)
in the City's Comprehensive Plan.
~. The shaR,e iR PaZ'. IU prejeøt ~.', South COURty
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CourthO\l8. IxpaR81oR, gZ!eat.8 aR lRgOR818teR~Y wlth the
~~~~ ~ Future LaR4 Y8e Map de.lgRatleR ef Ce8MHRity raøilitle. OR
the ReEtheER portieR af the Blesk. T~e City'. .I.UM .hould
~~~ ~q 8e .a8Rded te .k~, this area a. either CeReral Co..ercial or
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\~ 4' Re4evelop"Rt Are. II ift erdeE t8 aese.-ed.t. iftVes~.Rt ARd
.xpaR8ioR of commercial 'I... which ar. there.
j1- The change in the schedule for Project 1.2, West
Atlantic Avenue Redevelopment Plan, is inconsistent with
FLUE Policy _ -_._.- That policy should be amended to reflect
the CRA project schedule.
Comments on policy and proqram direction:-
1. Part IV, Project A-1.2, West Atlantic Avenue
Redevelopment Plan: Additional for the planning effort
shows an apparent $35,000 increase over previous cost
projections for the Planning Program.
2. Part IV, Project 1.3, CBD Development Plan: The
funding is reduced from $15,000, as shown in the adopted
plan, to $1,000. The narrative calls for this project to be
delayed to FY 94/95. These actions appear to demonstrate a
lessening of commitment and priority to establishing a
focussed program for CBD development efforts.
3. Part IV, Project 1.5, Del Ida Park Neighborhood
Improve.ent Plan: This is a new CRA Project. It is
allocated $20,000 in Table 4-3 for ry 93/94. It calls for
"major" participation by the City in formulating the Plan.
There has not been coordination with the City as to
participation and allocation of resource.. The City
Administration has not programmed this activity in FY 93/94;
nor i. this neighborhood identified in the Coaprehenaive
Plan specifically for a neighborhood planning effort.
This project proposal may be at odds with CRA Plan Policy
8-4.-2.
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4. Part IV, Project 1.6, Osceola Park Redevelopment ,
Neighborhood Improvement Plan: This is a new CRA Project.
It is shown in,Table 2-3 with the project "lead" being the
City. It is allocated $10,000 in FY 93/94 (Historic Survey)
and $10,000 in FY 94/95 (Study for the south portion). It
calls for joint work with the City for parts of the work.
There has not been coordination with the City Administration
as to participation and allocation of resources. The City
Administration has not programmed a Historic Survey in FY
93/94. However, neighborhood planning efforts have begun
under the police Departments "adopt a neighborhood" program
and the Community Improvement "neighborhood organization"
program.
5. Part IV, Project 2.2, Affordable Housing: It may be
appropriate and timely to re-evaluate CRA activity in
housing programs. It is noted that funding allocations are
reduced in the amendment (from $100,000 to $76,000) but in
later years it appears to be just about the only active
redevelopment program (FY95/96 and beyond) . In the past
year, the City has received hundreds of thousands of dollars
for affordable housing activities. In . a few years, the
Auburn Trace contributions will feed the City programa.
Given the high level of City involvement in affordable
housing programs, consideration might be given to directing
CRA efforts into direct economic development activities (see
item, '2, above).
6. Part IV., Project 2.11, North Federal Highway
Improvement Program: This Project is substantially revised
from its predecessor. However, it IlAY no longer be
compatible with the Objective C-6. Mention is made that
"The Anchorage" has caused acceleration of this "planning"
project ($20,000 FY 93/94). The Anchorage project has not
progressed in recent months. It is suggested that prior to
appropriating fund., the need for accelerating this project
be reevaluated.
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7. Part IV, Table 4-3, Five Year Redevelopment Program ,
Funding Allocations: In comparing the new schedule with the
previous one, the following changes occur reflecting either
more reliable data or a change in priority.
New or Increased Level Activities:
* 2.6 S. Cnty Courthouse accelerated $550,000
* 2.15 Block .60 increased participation by $300,000
* 2.18 Tenneco Site, direct participation of $15,000
* 3.1 Subsidized Loans increased annually by $50,000
* 3.6 Historic Facades, own program yearly $25,000
Reduced Level of Activity:
* 2.1 Peach Umbrella Plaza I $350,000 to $260,000
2.4 CBD Mixed Use $500,000 to $435,000
* 2.19 Mt. Olive Redevelopment, no CRA participation
* 2.14 Downtown Core reduction of $250,000 over time
In addition to changes in the actual projects (shown above),
there is a cost allocation for "planning·projects/programs"
as follows:
* West Atlantic Redevelopment Plan $ 35,000 add
* Del Ida Park Neighborhood Plan $ 20,000 new
* Osceloa Park Redev , Neighborhood Plan $ 20,000 new
* CBD Anchor unknown
* North Federal Highway $ 20,000 new
* CBD Development Plan $ 1,000 reduce
Also, some of these planning efforts call for use of.' City
resources which have not been programmed. Meanwhile, the
apparent priority of the CBD Development Plan prograa is
diminished.
It appears appropriate that discussion ensue among the CRA
Board and the City COlIIIDission as to relative roles in
neighborhood planning, housing, and economic (re)development
activitie..
In addition to the above information, a list of technical
items has been provided separately to the CRA Staff. It is
assumed that each of those will be readily accommodated.
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ALTERNATIVE ACT ION S
1- Review, discuss and continue to Board's next meeting.
2. Review, discuss and continue with direction to
establish a special worksession with the CRA Board do
discuss the report.
3. Review, revise and forward the report to the City
Commission.
4. Review and forward per the staff recommendation.
RECOMMENDED ACT I 0 If
By motion, make a determination that the Amendment 12 to the
CRA Plan is deemed not to be inconsistent with the City's
Comprehensive Plan not withstanding the three ite... of
conflict. Those items are to be resolved but amendment to
the City's Comprehensive Plan.
Further, that the following recommendations be considered by
the City Commission:
/' 1. Tha. dis8YSsieR eRSye a88Rg the CRA ae..~ .Ad ~~. Ci~y
Ce_iaaieA .. ~e r.l.~iv. rol.. iA Raigbborbood
~ ~~'tt~ plaRRiRg, ~O\l.lRg, .A~ aGoRo.le; (re) ~e't'alopa.R~
~~. .G~lvl~iea.
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t1 That adjustments be made to the Plan document between
first and second reading to address the items
identified under the "technical it_If component of
this report.
Attachments:
* Page 3.15, CRA Plan, re review proce..
* DeceBber 28, 1993, C.R.A. Transmittal Letter
* Copi.. of the amended C.R.A.Plan document have been
provided to Board members separately.
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.'-1.1 Redevelopment .
_a Agency
Delray Beach
December 28, 1993
David Kovacs, Planning & Zoning Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RE: Amendment of CRA Plan
Dear Dave:
At a Special Meeting on December 22, 1993, the CRA Board approved amendments to the
Community Redevelopment Plan. CRA Resolution No. 93-53, recommending to the City
Commission that the Community Redevelopment Plan be modified, amended and ratified in its
entirety in the form as attached, has been fOlwarded to the City Commission along with one copy
of the amended Plan..
Pursuant to the CRA's adopted procedures for amendment of its Redevelopment Plan, the
proposed amendment must tirst be reviewed by the LP A (P&Z Board) for determination of
consistency with the City's Comprehensive Plan and then be forwarded to the City Commission
with recommendations. Accordingly, I have attached 8 copies of the proposed amendment for
review by the P & Z Board. Please put this item on the next possible P & Z agenda.
To avoid unnecessary copying, ru wait until the P & Z Board bas completed its review before
I make additional copies of the Plan for the City Commissioners. This will enable tbe CRA to
consider and incorporate changes suggested by P & Z into the final draft for adion by the City
Commission.
To assist P & Zwith its review, the following list depicts the major changes to the Plan:
I. Part Two: ÞIØI. CODdltloDS & Part Three: ADalysls have been updated to account
for c~ that have occurred since the last amendment of the Plan.
ß. Part roar: The Redeyelopment Program, which contains the project and program
section of the plan, bas also been updated to account for modification or completion of
project components. Additionally, several new programs have been added to the Plan.
A. Grou'p "1": PlanmDl
.1.1: "DowntoWD Core Geop-apblc Area of Exceptloll"
o The Project is completed. It was deleted from this section and placed in new
Appendix Section "E".
207 E. Atlantic Ávenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
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David Kovacs
December 28, 1993
111.2: "West Atlantic Avenue Redevelopment PlaD·
0 The Background Section was updated to include the "Visions West Atlantic"
process
0 The project schedule was changed.
111.4: "Master Parldnl Prop'am"
0 The Program was updated. - No substantive changes.
II 1.5 Del Ida Park Nelpborbood Improvement PlaD"
0 This is a new program
111.': Osceola Park Redevelopment & Nelpborbood Improvement PlaD·
0 This is a new program
B. Group "2·: Redevelopment
, 2.1: "Peach Umbrella Plaza"
0 The Background Section was updated.
0 The sixth bullet under Project Objectives was added.
0 The fourth bullet under Project Description Section was added.
0 Additional.property acquisitions were added to the project in Appendix "D"
0 LaDd sales of CRA property holdings was moved from phase 3 to phase 4.
0 A Scbedule date for phase four was added: "to begin in FY 1993/94"
112.2: · Affordable BOUII.. PJ'oaram"
0 Program Description Section was amended to include TED Center
0 Architectural design assistance to non-profit housing sponsors was added to
program components within Program Description Section.
0 A map for depicting the target area for land acquisition was added to Appendix
"D"
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David Kovacs
December 28, 1993
1# 2.3: "Downtown Anchor and Parkinl"
0 The Background Section was updated
0 Feasibility studies and market research were added to phase 1 of the Project
Description Section
1# 2.4: "Downtown Mixed Use Redevelopment ProJect"
0 Title was changed from " Downtown Cinema and Mixed Use Redevelopment
Project"
0 Project Objectives Sections was amended to include the provision of housing
opportunities in the downtown area.
0 The Project Description Section was amended since a. Cinema may not be a major
component of the project.
0 Property Acquisition Map in Appendix "D" was amended. One parcel was added
and several that have already been acquired by the CRA were deleted.
, 2.5: "Block 1176 & 1184 Redevelopment"
0 The forth bullet was added to the Project Objectives Section.
0 The major component of this program is the development of a parking lot in block
76. A more specific reference depicting this fact was added as the first bullet in
the Project Description Section
0 Phase 2 in Project Schedule changed to 1994t4JS
, 2.6: "South CouDty Courthouse ExpansioD"
0 The Background and Project Description Sections were updated to account for
1993 cþAnps in the Tri-partite Agreement
0 Schedule updated to reflect new agreement
, 2.7: "PlDeapple Grove Nelgbborbood PIaD Imple.eDtaUOD"
0 The date for adoption of the Pineapple Grove Neighborhood Plan was changed in
the Background Section
0 The Project Schedule was amended pursuant to the above change.
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Page 4 of7
David Kovacs
December 28,1993
# 2.8: "Banker's Row Project Implementation"
0 Background Section was updated
0 Creation of Special Assessment District was added to Project Description Section
0 Schedule was updated
# 2.9: "Pineapple Grove Way Revitalization Ptv¡ram"
0 Background Section was updated
# 2.10: "Municipal Tennis Center Rehabilitation"
0 Background Section was updated
0 Schedule updated
# 2.11: "North Federal Hlabway Improvement Proat-m"
0 Old name of program was "North Federal Highway Land Use Transition Program"
0 Although some elements of the old program have been incorporated, this is really
a new program.
# 2.12: "Olel School Square Cultural Center"
0 Background Section updated
. 2.13: .' "Mouat OU.e Redevelopment"
0 8IckpouDd Section Updated
0 PbaIe 2 of tile project description was amended. The Shatz property (apartment
builc:Una on 5th, acquired by the City) was removed form this project and added
to the Peach Umbrella I Project. Other property acquisition by the CRA is not
anticipated at this time. The Property Acquisition Map was removed from
. Appendix.
0 Project Schedule was updated
. 2.14: "Downtown Core Improvement Proanm"
0 Pro~ Description Section was updated. Bridge Tenders House was completed
,
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Page 5 of7
David Kovacs
December 28, 1993
and formation of Joint Venture was accomplished in 1993. Joint Venture
Agreement has been added as Appendix "F'
0 Program Schedule was updated
#12.15: "Block 60 Redevelopment"
0 While the overall redevelopment concept remains the same the entire project has
been updated to include the Historic Houses being moved
0 Additional land was added to the Land Acquisition Map in Appendix "D"
#12.16: "Block 1161 Redevelopment"
0 Project Schedule amended to 1993/1994
#12.17: "Peach Umbrella Plaza U"
0 Project description was amended to include additions to third bullet dealing with
provision of parking. New program items have been added in fourth bullet
dealing with property acquisitions and fifth bullet dealing with property exchanges.
0 A map of the property acquisition target area bas been added to Appendix "D"
0 Schedule updated
#I 2.18: "8tb Street (Tenneco Site) Redevelopment
0 Schedule updated
c. Group "3": CoauaUDIty Improvement
#13.1: "CRA Subsidized Loan Program"
0 Backllound Section was updated. There are additional Banks participating in
Program
0 Program Description Section was amended to include provisions for loans for
small additions as part of building expansion
0 Start-up capital bas been eliminated and interior improvements are now limited
to fIXed improvements from business loans
0 Maximum yearly program funding limit was eliminated from Funding Sources
Section. This will be determined annually during budget process
,
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Page 6 of7
David Kovacs
December 28, 1993
, 3.5: "Business Development Program"
0 Schedule updated
, 3.6: "Historic Facade Easement Program ·
0 New as a stand alone program. This was contained only within specific CRA
projects in earlier Plan
D. Program of Replatory Actions
0 Page 4.40 bas been updated. No new changes at the City Level are required.
E. ne Cost of Redevelopment
0 Table 4-1, page 4.42, has been updated
F. Sources of Redevelopment FuDCIinl and Flnancma
0 Page 4.43, Community Development Block Grants (CDDD) figures have been
updated.
G. Revenue ProJectIoas
0 Table 4-2, pale 4.45 bas been updated
H. Five Year Redevelopment Prop'am and FundI.. AIIocatloas
0 Table 4-3, pap 4.46 bas been updated
m. Part 11ft: GoaII, ObJeeUves And Policies bas been updated to account for completion
of projects.
IV. Part SIx: AppeDCIIc:es
A. Appendix C: County Courthouse Ap'eement. The DeW Tri-Partite Agreement has
replaced the original agreement
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Page 7 of7
David Kovacs
December 28, 1993
B. Appendix D: Land Acquisition Maps. Property Acquisitions have been updated. Legal
descriptions for property which may be acquired have been added.
c. Appendix E: Completed Projects. This is a new Appendix
D. Appendix F: Downtown Joint Venture Agreement This is a new Appendix
I hope this brief discussion of the changes will help with your review. If you have any
questions, just call.
Very truly Yours,
:~~~ ¡-
Redevelopment Planner
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 24, 1994
AGENDA ITEM: V.A. Review of Amendments to CRA Plan
I T E M B E FOR E THE BOA R D:
The item before the Board is that of review of the CRA Plan
and making a finding of consistency. In addition, review
comments and recommendations for changes should be made.
This item is before the Board in its role as the City's
Local Planning Agency and pursuant to responsibilities
established in LDR Section 2.2.2(E).
B A C K G R 0 U N D:
In December, 1992, Amendment .1 was made to the CRA Plan. That
Amendment involved a total rewriting and .refocusing of the
previous planning document. The Planning and Zoning Board
reviewed that proposed amendment in November and, in addition to
finding it consistent with the City's Comprehensive Plan, made
suggestions which lead to further modifications.
In December, 1993~· the CRA approved Amendment '2 and it is now
being processed. The processing involves:
1- Review by the P&Z Board for consistency with specific
objectives, policies, and the City CIP¡
2. Review by the P&Z Board as to relationships and
effects upon general City direction as embodied in the
Comprehensive Plan;
3. Adoption by the City Commission via ordinance.
A N A L Y S I S:
While a review has been conduction, a proper written report has
not yet been completed. Thus, the item is not ready for action
at this meeting of the Board.
There are no significant items which are inconsistent with the
City's Plan; however, there are some items which may require
modification or expansion to insure that anticipated
participation and results occur. Thus, it is suggested that
consideration be given to having a joint worksession with the
CRA Board or have them participate at our Special Meeting
currently scheduled for February 14th, at which time, formal
act':m can be taken. This schedule will not adversely affect
the adoption schedule before the City Commission as first
reading of the adopting ordinance can occur on February 8th with
second reading on February 22nd following the P&Z Board
determinations.
V.A.
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P&Z Board Memorandum staff Report
Review of Amendments to the CRA Plan
page 2
RECOMMENDED ACTION:
Defer review and consider a worksession with the CRA Board.
Attachments:
* The CRA Plan and CRA cover letter were previously provided
to Board members.
Report Prepared By: David J. Kovacs, Planning Director
DJK/PZCRA.DOC
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~/1
SUBJECT: AGENDA ITEM # /0 l3 - MEETING OF FEBRUARY 22. 1994
ORDINANCE NO. 2-94
DATE: FEBRUARY 18, 1994
This is a public hearing of an ordinance rezoning a 1.75 acre parcel
of land from General Commercial (GC) to Special Activities District
( SAD) . The subject property is located south of S.E. 4th Street,
between the FEC Railroad and S.E. 1st Avenue.
A detailed staff report is attached which reviews the background and
various issues concerning this item.
At the December 20, 1993 meeting, the Planning and Zoning Board
unanimously recommended approval of the SAD request on an interim
basis until a new zoning district is created which is more
appropriate for properties within the Central Business District (CBD)
industrial areas, or until the overall situation is otherwise
resolved.
Recommend approval of Ordinance No. 2-94 on second and final reading.
p~j/O
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: c&...f::.ili::r' CITY MANAGER
THRU: DIANE DOMINGUE~
P~ãPLANN
FROM: PAUL DORLI~ENIOR PLANNER
SUBJECT: MEETING OF FEBRUARY 22, 1994
SECOND AND FINAL READING OF AN ORDINANCE REZONING
PROPERTY LOCATED SOUTH OF S.E. 4TH ST. , BETWEEN THE
FEC RAILROAD AND S.E. 1ST AVENUE, FROM GENERAL
COMMERCIAL (GC) TO SPECIAL ACTIVITIES DISTRICT (SAD).
ACTION REQUESTED OF THE COMMISSION:
The action ,requested of the City Commission is that of
approval on second and final reading of an ordinance
rezoning property from General Commercial (GC) to Special
Activities District (SAD).
The property is located south of S.E. 4th Street between
the FEC railroad and S.E. 1st Avenue.
B A C K G R 0 U N D:
First reading of this rezoning request was approved by the City
Commission on January 11, 1994. Normally a petition for SAD
zoning is to be accompanied by a site plan. The site plan for
this petition was not available on first reading, as the
applicant chose an alternative processing schedule pursuant to
Section 4.4.25 (C)(2) . That schedule allowed for initial
consideration of the use issues related to the proposed zoning,
with deferral of the site plan to second reading. Following
approval of the rezoning on first reading, a site and
development plan was submitted for the project.
.
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City Commission Documentation .
SSB / SAD Ordinance
Page 2
The site plan provides the following improvements to the
existing buildings and paved area:
* Enhancement of the existing landscaping along 1st.
Avenue with ixora hedging and hibiscus trees;
* Installation of a 6 ' wide perimeter landscape strip
along the south property line, to include trees and
ficus hedging;
* Upgrading of the elevations through repainting; and
* Provision of an overall unified sign package (Le.
master sign program).
The attached Planning and Zoning Board staff report provides a
more detailed analysis of the plan.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered the site development
plan for the property at its meeting of January 24, 1994. The
Board recommended approval of the site development plan as
submitted by a vote of 6 to 0 with the following conditions:
* An increase in the height of the hedge along the south
property line to a minimum of 4 1/2 feet.
* Repair of the roof drainage to eliminate drainage
down the building's east face.
* Addition of notes on the plans which call for broken
windows and doors to be replaced and/or repaired.
R E COM MEN D E D ACT ION:
By motion,
Approve on 8econd reading an ordinance changing the zoning from
GC (General Commercial) to SAD (Special Activitie8 Di8trict),
with the accompanying site plan, on an interim ba8is until a new
zoning district i8 created which i8 more appropriate for
propertie8 within the CaD industrial area8, or until the overall
situation i8 otherwi8e re8olved. Said approval is based upon
p08itive findings with respect to Section 3.1.1, Section 3.3.2,
and Section 2.4.5 (D)(5), and policies of the Comprehensive
Plan.
Attachments:
* Copy of site plan
* P&Z site plan staff report
* List of proposed uses (Exhibit A)
,
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: M~ERS' P~ING AND ZONING BOARD
(LI.~ Mi.-c .
FROM: PAUL DORLING, ~NIOR PLANNER
SUBJECT: AGENDA ITEM III. D. CONSIDERATION OF A SITE PLAN IN
ASSOCIATION WITH REZONING FROM GENERAL COMMERCIAL (GC)
TO SPECIAL ACTIVITIES DISTRICT (SAD) FOR A PARCEL OF
LAND LOCATED SOUTH OF S.E. 4TH ST., BETWEEN THE FEC
RAILROAD AND S. E . 1ST AVENUE.
I T E M B E FOR E THE BOA R D:
The item before the Board is that of approval of a site
development plan associated with the proposed SAD rezoning of
the SSB Associates property.
The property is located south of S.E. 4 th Street, between the
FEC railroad and S.E. 1st Avenue.
SAC K G R 0 U N D:
The Planning and zoning Board considered the related rezoning
request [GC (General Commercial) to SAD (Special Activities
District)] on September 20, 1993, at which time the petition was
continued to October 18, 1993, and subsequently to the December
20, 1993 meeting. The purpose of the continuances was to allow
time for the CBD Industrial Land Use Committee to work on the
plan to address uses in the downtown railroad corridor.
On December 20, 1993 the Planning and Zoning Board unanimously
recommended approval (5-0) of the SAD request on an interim
basis until a new zoning district is created which is more
appropriate for properties within the CBD industrial areas, or
until the overall situation is otherwise resolved.
On January 11, 1994 the City Commission approved the SAD request
on first reading. The SAD request is being processed under the
alternative processing scheduling, pursuant to Section 4.4.25
(C)(2), which allowed the SAD proposal to proceed to first
reading without an accompanying site plan. After approval on
first reading, and prior to the second reading, a site
development plan depicting landscape upgrades and related
improvements is to be processed through, and approved by the
Planning and Zoning Board. That related site plan request is
before the Board.
III::D.
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SSB Site Development Plan .~
P&Z Memorandum Report
Page 2
SIT E P LAN A N A L Y S I S:
During consideration of the SAD request concerns with respect to
compatibility of the proposed uses and existing buildings with
adjacent residential properties were raised. The Board
direction was that a site/landscape plan be provided which
accommodated the following;
* Enhancement of the existing landscaping along 1st. Avenue
* Installation of a 6 ' wide perimeter landscape strip along
the south property line with trees and shrubs
* Upgrading of the elevations including repainting, repair
and or replacement of broken windows and garage doors.
* An overall unified sign package i.e. master sign program.
* Possible installation of rolling gates at entrances along
1st Avenue.
The site development plan provides additional landscape material
along S.E. 1st Avenue and the south property line. The material
along S.E. 1st Street consists of 2'to 4 ' high Ixora hedging,
massings of Liriope and three 6 ' Hibiscus standards. The
material along the south property line includes 2' high ficus
hedging and 12' high trees (30' on center) . The proposal also
includes repainting of the building and trim to Carmel Beige and
Mushroom colors which are similar to the existing colors. A
unified sign package detail has been provided.
During review of the site plan submittal and a site visit the
following concerns were identified;
* Pursuant to Section 4.6.4 (A) the height of the
hedging separating commercial property from residential
property is to be a minimum height of 4 1/2' . The proposed
hedging along the south property line must be increased to
meet the required minimum.
* During a site visit it is noted that roof drainage seeps
down the east side of the the two southern buildings
causing black mold stains. The roof drainage should be
modified to alleviate this condition prior to the
repainting of the wall surfaces.
* No commitment has been made to repair broken windows and
doors. The repair of these items should be added as a
condition of approval.
* The feasibility of providing rolling gates across the
entries was explored. Given the potential of being a eye
sore and their minimal screening value they have not been
provided.
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SSB Site Development Plan .
P&Z Memorandum Report
, Page 3
Required Findings:
The standard findings required with Site Development Approval
are Sections 3.1.1 (Required Findings) and Section 3.3.3
(Standards for Site Plan Actions). Positive findings with
respect to Section 3.1.1 have been made during the rezoning
hearings (GC to SAD) . The applicable findings under Section
3.3.3 include;
(A) Building design, landscaping, and lighting (glare)
shall be such that they do not create unwarranted
distractions or blockage of visibility as it pertains to
traffic circulation.
(B) Appropriate separation of travelways is made for
vehicles, bicycles, and pedestrians in a manner consistent
with objectives D-l of the Traffic Element.
(C) Open space enhancements described in Open Space and
Recreation Objective a-I, are appropriately addressed.
While these standards apply to most SAD requests this proposal
before the Board is a unique situation. With this development
proposal we are dealing with existing buildings, parking and
landscape areas. During consideration of the SAD request the
Board direction to the applicant was to bring the site as much
into compliance as possible with current standards without
negatively effecting already deficient parking and circulation
patterns. This proposal accomplishes that directive and meets
the above standards to the greatest degree possible.
S T A F F R E COM M E D A T I 0 H:
Approve the site plan for the SSB property upon positive
findings of Section 3.1.1 and Section 3.3.3 and subject to the
provision of notes on the plans which indicate the following;
* An increase in the height of the hedge along the south
property line to a minimum of 4 1/2 feet.
* Roof drainage is to be repaired to eliminate drainage
down the building's east face.
* Broken windows and doors are to be replaced and/or
repaired.
Staff Report prepared by: Paul Dorling, Senior Planner
Report reviewed by David Kovacs on 1~~O/94
y:ssb
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Exhibit A
PROPOSED SAD USES
( 1 ) All uses allowed as such within the GC District [Section
4.4.9 (B)(1)&(2)] as follows;
(B)(1) General retail uses including, but not limited
to:
* Antiques, arts and crafts, automotive parts,
baked goods, books, carpet and floor
covering, 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 goods, toys, wearing
apparel and accessories, appliances,
bicycles, business machines, jewelry.
(B)(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,
(2) Automobile brokerage, including vehicle display within an
enclosed structure, but excluding any preparation,
service, or repair work.
(3) 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, laundromats
limited to self-service facilities, pet grooming,
I
restaurants excluding drive-in and drive-through,
outdoor cafes, tailoring, tobacconist, vocational
schools limited to arts and crafts, business,
beauty, dancing, driving, gymnastics,
photography, modeling, and karate-judo, and
small item repair.
* Galleries, broadcast studios, butcher shops,
cocktail lounges, exercise facilities e.g. gyms
and clubs, museums, libraries, newsstands,
commercial or public parking lots and parking
garages.
(4) Warehouses for storage of merchandise when accessory to
and located on the same parcel of land as the primary
commercial use;
(5 ) Sign shops, woodworking shops, upholstery shops, custom
fiberglass shops, cabinet shops, and perfume processing;
( 6 ) Storage;
(7 ) Canvas awning construction and sales.
(8) Contractor's offices;
(9 ) Dry cleaning plants
(10) Sheet metal fabrication
(11) Marble Fabrication and Storage
(12) Mirror and glass contractor
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ORDINANCE NO. 2-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH
IS PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT,
IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 1. 75
ACRE PARCEL OF LAND LOCATED SOUTH OF S.E. 4TH STREET
BETWEEN THE FEC RAILROAD AND S.E. 1ST AVENUE AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1993"; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described shown on the Zoning
District Map of the Cityof Delray Beach, Florida, dated September 14,
1993, as being zoned GC (General Commercial) District; and
WHEREAS, the property owner petitioned the City for a rezoning of
the proeprty described herein; and
WHEREAS, the Planning and Zoning Board, at the meeting held on
December 20, 1993 recommended rezoning and placing land presently zont -
GC (General Commercial) District, in SAD (Special Activities) Distr Í<..
with certain expressed conditions; and,
WHEREAS, it is appropriate that the Zoning District Map of the
City of Delray Beach, Florida, dated September 14, 1993 be corrected to
reflect the proper zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the SAD
(Special Activities) District:
A parcel of land in that part of Lot 1, Block 1,
Section 21, Township 46 South, Range 43 East, Palm
Beach County, Florida, as recorded in Plat Book 1,
Page 128, Palm Beach County Records said parcel
being more particularly described as follows: From
the northwest corner of said Lot 1, run thence East
on the North Line of said Lot 1, a distance of
428.30 feet to the intersection with the Westerly
right of way line of the F.E.C. Railway; thence run
Southwesterly on said right of way line, a distance
of 25.26 feet to the intersection with the Southerly
right of way line of S.E. 4th Street, said inter-
section being the point of beginning; thence
.
continue Southwesterly along the said Westerly right
of way line of the F.E.C. Railway, a distance of
643.26 feet to an intersection with the South line
of said Lot 1, Block 1; thence Westerly along said
South line, a distance of 113.78 feet; thence
Northerly, parallel with the West line of Said Lot
1, Block 1, a distance of 496.66 feet; thence
Easterly parallel with the said North line of Lot 1,
Block 1, a distance of 161.63 feet; thence North-
easterly parallel with the said Westerly right of
way line of the F.E.C. Railway, a distance of 141. 46
feet to an intersection with the said Southerly
right of way line of S.E. 4th Street; thence
Easterly, along said Southerly right of way line, a
distance of 20.00 feet to the point of beginning
a/k/a 415-475 S.E. 1st Avenue, Delray Beach,
Florida.
This property is located South of S.E. 4th Street
between the FEC Railroad and S.E. 1st Avenue;
containing a 1.75 acre parcel of land, more or less.
Section 2. That the uses permitted for the subject property
described in Section 1, above, are hereby limited to the following uses:
( 1 ) General retail uses including, but not limited to:
Antiques, arts and crafts, automotive parts, baked
goods, books" carpet and floor covering, 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 goods, 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
2 ORD. NO. 2-94
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studios, printing and publishing, professional
offices,
( 3) Automobile brokerage, including vehicle display within an
enclosed structure, but excluding any preparation, service, or
repair work.
( 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, laundromats
limited to self-service facilities, pet grooming,
restaurants excluding drive-in and drive-through, outdoor
cafes, tailoring, tobacconist, vocational schools limited to
arts and crafts, business, beauty, dancing, driving,
gymnastics, photography, modeling, and karate-judo, and
small item repair.
Galleries, broadcast studios, butcher shops, cocktail
lounges, exercise facilities e.g. gyms and clubs, museums,
libraries, newsstands, commercial or public parking lots a:
parking garages.
( 5 ) Warehouses for storage of merchandise when accessory to and
located on the same parcel of land as the primary commercial
use;
( 6 ) Sign shops, woodworking shops, upholstery shops, custom
fiberglass shops, cabinet shops, and perfume processing;
( 7 ) Storage;
( 8 ) Canvas awning construction and sales;
( 9 ) Contractor's offices;
(10) Dry cleaning plants;
(11) Sheet metal fabrication;
(12) Marble fabrication and storage;
(13) Mirror and glass contractor.
Section 3. That the Planning Director of said City shallL
upon the effective date of this ordinance change the Zoning Map
Delray Beach, Florida, 1993, to conform with the provisions of Secth. .
1, hereo f .
3 ORD. NO. 2-94
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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 ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
ssb.ord
4 ORD. NO. 2-94
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tflt{
SUBJECT: AGENDA ITEM i /0 C - MEETING OF FEBRUARY 22. 1994
ORDINANCE No. 4-94
DATE: FEBRUARY 18, 1994
This is a public hearing of a City-initiated ordinance rezoning
properties located east of Seacrest Boulevard, immediately south of
and adjacent to Atlantic High School, from NC (Neighborhood
Commercial) to R-1AA (Single Family Residential). The purpose of
this rezoning is to apply the classification which is most
appropriate for the existing uses (single family homes and adjacent
vacant lots).
At its meeting of September 20, 1993, the Planning and Zoning Board
reviewed the LDR text amendment to the NC zone district regulations.
A concern was raised with respect to the nonconforming status of the
single family homes in this NC district, and the Board subsequently
initiated the rezoning of these properties to a low density residen-
tial classification.
The rezoning analysis considered both R-1AA (Single Family
Residential) and RL (Low Density Residential) zoning. Given the
existing character of the development, staff recommended that R-1AA
zoning be applied. A detailed staff report is attached.
A public hearing was held by the Planning and Zoning Board on
January 24, 1994, after which the Board recommended by 6-0 vote
approval of the rezoning from NC to R-1AA.
Recommend approval of Ordinance 4-94 on second and final reading.
p~ S--O
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ORDINANCE NO. 4-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND
PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT
IN R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID
LAND BEING LOCATED AT THE NORTHEAST CORNER OF THE
INTERSECTION OF N.E. 22ND STREET AND SEACREST
BOULEVARD; AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1993"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
Se ptember 14, 1993, as being zoned NC (Neighborhood Commercial); and;
WHEREAS, at its meeting of October 18,· 1993, the Planning
¡, and Zoning Board for the City of Delray Beach initiated a rezoning of
the property from NC (Neighborhood Commercial) District to R-1AA
(Single Family Residential) District and directed staff to prepare an
analysis of the rezoning; and
WHEREAS, at its meeting of January 24, 1994, the Planning
and Zoning Board, as Local Planning Agency, reviewed this item and
voted unanimously to recommend approval of the rezoning, based upon
positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated September 14, 1993, be
amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH,' FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated September 14, 1993, be, and the same is
I! hereby amended to reflect a zoning classification of R-1AA (Single
, Family Residential) District for the following described property:
ii
! ~ The East 110.00 feet of the North 1/2 of the South
I
! 1/~ of the Northeast 1/4 of the Southwest 1/4 of the
Ii Southwest 1/4, lying within Section 4, Township 46
I: South, Range 43 East, Palm Beach County, Florida;
jl
1
TOGETHER WITH
, ,
The West 107.00 feet of the East 217.00 feet of the
North 1/2 of the South 1/2 of the Northeast 1/4 of
the Southwest 1/4 of the Southwest 1/4, lying within
Section 4, Township 46 South, Range 43 East, Palm
Beach County, Florida;
TOGETHER WITH
The West 99.90 feet of the East 316.90 feet of the
North 1/2 of the South 1/2 of the North 1/2 of the
Southwest 1/4 of the Southwest 1/4, lying within
Section 4, Township 46 South, Range 43 East, Palm
Beach County, Florida;
TOGETHER WITH
The East 195.00 feet of the West 350.00· feet of the
North 1/2 of the South 1/2 of the Northeast 1/4 of
the Southwest 1/4 of the Southwest 1/4, less the
North 30.00 feet, lying within Section 4, Township 46
South, Range 4.3 East, Palm Beach County, Florida;
TOGETHER WITH
The North 30.00 feet of the East 310.00 feet of the
West 350.00 feet of the South 1/2 of the Northeast
1/4 of the Southwest 1/4 of the Southwest 1/4, lying
within Section 4, Township 46 South, Range 43 East,
Palm Beach County, Florida, as recorded in O.R. Book
1902, Page 1322, Palm Beach County, Florida.
The subject . property is located at the northeast
corner of the intersection of N.E. 22nd Street and
Seacrest Boulevard; containing a 2.08 acre parcel of
land, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions 0:
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances 1 ~.
conflict herewith be, and the same are hereby repealed.
- 2 - Ord. No. 4-94
,
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 4-94
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. ~EN, CITY MANAGER
~~
THRU: DIM . ~GUd\l...~7
PRINCIPAL E
FROM:
SUBJECT: MEETING OF FEBRUARY 8, 1994
FIRST READING OF ORDINANCE NO. 4-94 - CITY INITIATED
REZONING OF PROPERTIES LOCATED EAST or SEA CREST
BOULEVARD, IMMEDIATELY SOUTH OF AND ADJACENT TO
ATLANTIC HIGH SCHOOL, rROM NC ( NEIGHBORHOOD
COMMERCIAL) '1'0 R-l-AA ( SINGLE FAMILY RESIDENTIAL).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance rezoning 2.08
acres of land from NC to R-1-AA. The purpose of this City
initiated rezoning is to apply the zoning classification
which is most appropriate for the existing uses (single
family homes and adjacent vacant lots).
The affected properties are generally located east of
Seacrest Boulevard, immediately south of and adjacent to
Atlantic High School (N.E. 22nd Lane).
BACKGROUND:
At its meeting of September 20, 1993, the Planning and Zoning
Board reviewed an LDR text amendment to the NC zone district
regulations. During the Board's review of the amendment, a
concern was raised by an owner of one of the subject properties
with respect to the non-conforming status of the single family
homes in the NC district. Subsequently, the Board initiated the
rezoning of these properties from NC to a low density
residen~ial classification.
The rezoning involves S lots totaling 2.08 acres. The
properties in question include: two (2) single family homes; two
(2) vacant lots; and an access road. The access road which is
owned by Palm Beach County, is referred to as N.E. 22nd Lane,
however, it consists of a 30' wide access tract rather than
dedicated right-of-way. The access tract only goes as far as
the east end of the westernmost lot. It is not known if a
private easement exists over the 3 easternmost lots to provide
legal access~
,
City Commission Documenation
Meeting of February 8, 1994
First Reading of Ordinance No. 4-94 - Rezoning Property From
NC To R-l-AA (Immediately south of Atlantic High School)
Page 2
The rezoning analysis considered both the R-l-AA (Single Family
Residential) zoning designation, which could accommodate up to 5
units, and the RL (Low Density Residential) zoning designation,
which could accommodate up to 10 units. Given the existing
character of the development and the substandard access to the
properties, staff recommended that the R-l-AA zoning designation
be applied to the properties. A complete analysis of the
rezoning is found in the attached Planning and Zoning Board
Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of January 24, 1994, the Planning and Zoning
Board held a public hearing in conjunction with review of the
of the rezoning to either R-l-AA (Single Family Residential) or
RL (Low Density Residential). The same owner who had addressed
the Board previously on this issue spoke in favor of the R-l-AA
I zoning for his property. The Board voted (6-0) to recommend
approval of the rezoning from NC (Neighborhood Commercial) to
R-1-AA.
RECOMMENDED ACTION:
By motion, approve Ordinance No. 4-94 on First Reading, with the
public hearing to be held on February 22nd.
Attachment:
* P&Z Board Staff Report & Documentation of January 24, 1994
* Copy of Ordinance No. 4-94
YaCCNI!:22ND.DOC
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DLANNING ANr' ZONING BOARI:'
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CITY OF DELRAY BEACH . --- STAFF REPORT --
r-1EETING DATE: January 24, 1994
AGENDA ITEM: IV.C.
ITEM: Change of Zoning from NC (Neighborhood Commercial) to RL (LowiDensityResídeatial)'
or R-IAA (Single Family Residential)
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GENERAL DATA:
Owner....................Helen C. Collin. (Parcel. A , B)
H. o. and Marion Wil.on (Parcel C)
R. G. and Patricia M. Cooper (Parcel D)
Palm Beach County (Parcel I)
Applicant................City initiated rezoning
Location.................Ea.t .ide of Seacre.t Boulevard, north of
NI 22nd Street, immediat.ly south of and
adjacent to Atlantic High School.
Property Siz.............2.08 Acre.
City Land U.. Plan.......Transitional
Existing City Zoning.....NC (Neighborhood Commercial)
Proposed City zontng.....R-l-AA (Single Featly Re.idential) or RL
(Low Density Re.idential)
Adjacent Zoning...North: CF (Community Facilities)
Ea.t: R-l-AA
South: RL and NC
We.t: NC
Existing Land U.e........Two existing .ingle feaily homes, two
vacant lot. and an access tract.
Proposed Land Use........Same as above. (Corrective Rezoning to
either R-l-AA or RL)
IV.C.
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I T E M B E FOR E THE BOA R D I
The item before the Board is that of making a
recommendation to the City Commission on a City
initiated rezoning from NC (Neighborhood Commercial)
to R-l-AA (Single Family Residential) or RL (Low
Density Residential).
The affected properties are generally located
immediately south of and adjacent to Atlantic High
School, along N.E. 22nd Lane, and contain
approximately 2.08 acres.
Pursuant to Section 2.2.2(E), the Local Planning
Agency (P&Z Board) shall review and make a
recommendation to the City Commission with respect to
the rezoning of any property within the City.
B A C K G R 0 U N D :
On June 28, 1988, the subject properties we~e annexed into the
City with the R-l-AA (Single Family Residential) zoning
designation, pursuant to the City of Delray Beach Enclave Act
(Enclave 15) via Ordinance No. 35-88. Zoning under Palm Beach
County zoning was RS (Single Family Residential). At the time
that the properties were annexed, consideration was given to
applying the NC or RL zoning classification. The basis for the
R-l-AA zoning was that the properties did not have a legal means
of access and therefore, it was more appropriate to apply a
zoning designation that would permit development which would
generate a minimal number of vehicle trips.
With the adoption of the City's Comprehensive Plan in 1989, the
land use designations of the properties were changed from
Commercial, in part (2 westernmost lots), and Single Family, in
part (3 easternmost lots) to Transitional. With the Citywide
Rezoning of OCtober 1, 1990, the properties were rezoned to NC
(Neighborhood Commercial), which is the current zoning
designation. As an analysis of the rezoning was not made, it is
assumed that the NC zoning designation was applied in error.
At its meeting of October 18, 1993, the Planning and Zoning
Board reviewed an LDR text amendment to the HC zone district
regulations. During the Board's review of the amendment, a
concern was raised by an owner of one of the subject properties
with respect to the non-conforming status of the single family
homes in the NC district. Subsequently, the Board initiated the
rezoning of these properties from MC to a low density
residential classification.
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P'Z Board Staff Keport
Rezoning from HC to R-l-AA or RL
Page 2
PRO J E C T DES C RIP T lOR :
The rezoning involves 5 lots totaling 2.08 acres. The
properties in question include: two (2) single family homes; two
(2) vacant lots; and an access road. The access road which is
owned by Palm Beach County, is referred to as N.E. 22nd Lane,
however, it consists of a 30' wide access tract rather than
dedicated right-of-way. The access tract only goes as far as
the east end of the westernmost lot. It is not known if a
private easement exists over the 3 easternmost lots to provide
legal access.
COM P R B H B R S I V B P LAN A R A L Y S IS:
Pursuant to Land Development Regulation. Section 3.1.1(A)
(Future Land Uae Map), all land uses and resulting atructures
must be allowed in the zoning district within which the land ia
situated and, said zoning muat be conaiatent with the land use
deaignation aa shown on the Future Land Use Map.
The properties have a Transitional Land Use .Map designation and
are currently zoned NC (Neighborhood Commercial). The proposed
zoning of either R-l-AA (Single Family Residential) or RL (Low
Density Residential) is consistent with the Transitional Land
Use Map designation.
Z 0 R I H G A N A L Y S IS:
Compliance with the performance standarda set forth in Section
3.3.2 (Standard. for Rezoning Action.) along with required
finding. in Section 2.4.S(D)(S) (Rezoning Finding.) .hall. be the
ba.i. upon which a finding of overall con.i.tency i. to be made.
Other objective. and pOlicies found in the adopted Comprehenaive
Plan may be u.ed in the making of a finding of overall
consistency.
for Rezonin Action. : The applicable
Section 3.3. and other policie. which
(A) That . re.oning to other than CF within a atable
re.idential area be denied. (Housing Ilement A-2.4)
The properties are not located within an area designated as
a stable residential area, therefore, this standard does
not apply. However, the rezoning will reduce commercial
zoning which encroaches into a residential neighborhood
(east and south).
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P&Z Board Staff Keport
Rezoning from HC to R-l-AA or RL
Page 3
(D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land use.
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulation. exi.t to property
mitigate adverse impacts from the new use.
North of the property is zoned CF (Community Facilities)
(Atlantic High School); south is zoned HC and RL (Del ray
Dance Conservatory, Jessie's Beauty Salon & a single family
home); west is zoned MC (Sea crest Discount Beverage, Damo's
Take-Out & Grand Rental Station); and east is zoned R-1-AA
(single family residence). The rezoning to either R-1-AA
or RL will be consistent and compatible with the
surrounding land uses and should not create any adverse
impacts.
section 2.4.5(D)(5) (Rezoninq Findinqs):
Pursuant to Section 2.4.5(D)(5) (Finding.), in addition to
provision. ot Section 3.1.1, the City Commission mu.t make : a
finding that the rezoning tulfills one ot the rea. on. tor which
the rezoning change i. being sought. The.e rea. on. include the
following [ret. 2.4.5(D)(2»):
a. That the zoning had previously been changed, or was
originally e.tablished, in error;
b. That there has been a change in circumstanc.. which
make the current zoning inappropriate,
c. That the requested zoning is of .imilar intenlity as
allowed under the Future Land U.e Map and that it is
more appropriate for the property b...d upon
circumatanc.s particular to the site and/or
. neighborhood.
The reasons for'which the rezoning is being sought is based upon
Items "a" and "c". With respect to Item "a", in 1988, the
properties were annexed into the City with a R-l-AA zoning
designation. Subsequent to the annexation, the properties were
rezoned frOll R-l-AA to HC with the Citywide rezoning of 1990.
As the properties remained in their current condition since
their annexation and circumstances particular to the properties
did not change prior to the Citywide rezoning, it appears
appropriate to make a finding that the HC zoning was established
in error.
With respect to Item "c" , the single family homes are a less
intense use than those that are allowed under the Transitional
Land . Use Map designation. Either the R-l-AA or RL zoning is
more appropriate for the properties based upon the existing uses
and the fact. that the lots have substandard access, as well as,
their proximity to the residences to the south and east.
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PiZ Board Staff Keport
Rezoning from MC to R-1-AA or RL
page 4
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS
The following is a breakdown of the existing lot dimensions and
the required minimum lot dimensions under the R-1-AA and RL zone
district development standards.
Existinq Lot Dimensions:
(West to East) Lot A Lot B Lot C Lot D
Lot Width 195' 99.9' 107' 110'
Lot Depth 141' 171' 171' 171'
Lot Size (sq. ft.) 27,495 17,083 18,297 18,810
Standard Lot Dimensions: R-l-AA RL *R-IA
Minimum Lot Width - 75' 60' 60'
Minimum Lot Depth - 100' 100' 100'
Minimum Lot Size - 9,500 s.f. 8,000 s.f. 7,500 s.f.
* Within the RL zone district, the provisions of the R-I-À
district apply for single family detached dwellings.
R-l-AA (Sinqle Family Residential):
Under the R-l-AA scenario, there is the potential for a maximum
of 5 single family homes to be located along 22nd Lane, if the
westernmost lot is subdivided.
RL (Low Density Residential):
Under the RL scenario, there is the potential for a maximum of
10 units to be accommodated on the subject properties. The
westernmost lot is large enough to be subdivided into two (2) or
three (3) separate lots that could accommodate duplexes,
however, the location of the existing single family home would
preclude a subdivision into 3 three lots, unless the house were
removed. Under the RL development standards, the existing
single family homes could be converted to duplexes. AS surveys
of the developed lots (single family homes) are not available,
it is difficult to determine the development potential with
respect to compliance with the Land Development Regulations i.e.
building setbacks, parking, landscaping, etc. However, based
upon the available information, it is reasonable to expect that
10 units could be developed under the RL zoning. This would
generate twice as many vehicle trips per day as would the single
family dwellings.
Based upon the above and the substandard access to the
properties, it appears that it is more appropriate to rezone the
property to R-1-AA.
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. . P&Z Board Staff Keport
Rezoning from HC to R-l-AA or RL
Page 5
REVIEW B Y OTHERS.
Community Redeveloþment Aqency
At its meeting of January 13, 1994, the Community Redevelopment
Agency reviewed the proposed rezoning and had no objections.
Special Courtesy Notice
Special courtesy notices were provided to the following
organizations:
Del-Ida Park Homeowner's Association
Dell Park Homeowner's Association
Lake Ida Homeowner's Association
Northeast Neighborhood Citizen Group.
Public Notice
Formal public notice has been provided to property owners with1n
a 500 ft. radius of the subject property. Letters of objection,
if any, will be presented at the Planning and Zoning Board
meeting.
ASS I SSM I H T .
The Rezoning of these properties is consistent with the policies
of the Comprehensive Plan and Chapter 3 of the Land Development
Regulations. Also, positive findings can be made with respect
to Section 2.4.5(D)(5) (Rezoning Findings), that the HC zoning
was established in error and that the R-1-AA zoning is more
appropriate given the existing character of the development and
the substandard access to the properties.
A L T I R HAT I V I ACTIORS.
1- Continue with direction and concurrence.
2. Recommend approval of the rezoning fro. HC to R-1-AA based
upon positive findings with respect to Section 3.3.2
(Standards tor Rezoning Actions) and Section 2.4.5(D)(5)
(Rezoning Findings).
3. Recommend approval of the rezoning fro. NC to RL based upon
positive findings with respect to Section 3.3.2 (Standards
for Rezoning Actions) and Section 2.4.5(D)(5) (Rezoning
Findings).
4. Recommend denial of the rezoning from HC to R-1-AA or RL
with the basis stated.
. . .
p,z Board Staff Aeport .
Rezoning from MC to R-l-AA or RL
page 6
R E COM MEN D A T ION :
Recommend to the City Commission approval of the rezoning from
NC to R-l-AA based upon positive findings with respect to
Section 3.3.2 (Standards for Rezoning Actions) and Section
2.4.5(D) (5) (a) (Rezoning Findings).
Attachments:
* Zoning/Location Map
JC/YaPZ22NDLN.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i J L tl - MEETING OF FEBRUARY 22. 1994
ORDINANCE NO. 6-94:
DATE: FEBRUARY 18, 1994
This is first reading of a City-initiated ordinance annexing and
initial - zoning of a 16 acre portion of Blood's Hammock Groves for
School Site "S" and a proposed 6 acre City park. The property is
located along the eastern boundary of Blood's Hammock Groves,
adjacent to Fire Station #5 and the Foxe Chase subdivision.
This annexation and initial zoning involves property that is to be
developed as a park (6 acres) and an elementary school (10 acres). A
need for both the school and the park in the southwest area was
identified in the City/s Comprehensive Plan. Both properties are in
the process of being sold by the Bloods; the park site to the City,
and the school site to the Palm Beach County School District.
A Future Land Use Map (FLUM) amendment assigning a Community
Facilities designation to this property was processed separately as
part of Amendment 93-2.
Recommend approval of Ordinance 6-94 annexing a 16 acre portion of
Blood's Hammock Groves with an initial zoning designation of CF
(Community Facilities), based on positive findings with respect to
the Comprehensive Plan Section 3.1.1(A-D) Required Findings, Section
3.3.2 Standards for Rezoning Actions, Section 2.4.5(D)(1) Change of
Zoning District Designation, 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.
If passed, public hearing on March 22, 1994.
f~ 5-0
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. 407 278 4755 Feb 18,94 13:56 P.02
CITY ATTORNEY'S OFFICE TEL No.
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ORDINANCE NO. 6-94
AN ORDINANCE or THE CITY COMMISSION or THE CITY OF
DELRAY BBACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH, LAND SOUTH OF THE INTERSECTION OF
GERMANTOWN ROAD AND LINTON BOULEVARD LYING AND BEING
IN SBCTION 25, TOWNSHIP 46 SOUTH, RANGB 42 EAST,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTI-
CULARLY DESCRIBED HBREIN, WHICH LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS or SAID CITY; SAID LAND
BEING GENERALLY LOCATED ON THB SOUTH SIDE OF
GERMANTOWN ROAD, SOU'l'H OF LINTON BOULEVARD
IMMEDIATELY WEST or rOXE CRASB SUBDIVISION; RE-
DEFINING THE BOUNDARIES or SAID CITY TO INCLUDE SAID
LAND ; PROVIDING rOR 'l'HB RIGHTS AND OBLIGATIONS OF
SAID LAND 1 PROVIDING rOR THE ZONING THEREOF TO CF
(COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Norman W. Blood, Jr. and Carolyn J. Blood, are the
fee-simple owners ot a parcel of land lying and beinq in Section 2S,
Township 46 South, Range 42 East, Palm Beach County, Florida, as the
8ame i. more particularly de.cribed herein; and
WHEREAS, the City ot Delray Beach, as the authorized agent for
the fee-simple owners as hereinabove named, has requested by petition to
have the aubject property annexed into the lIunicipal limits of the City
ot Delray Beach, and
WHEREAS, . the aubject property hereinafter de.cribed is
contiguous to the corporate limits of the City of Delray Beach, Florida;
and
WHEREAS, the deaignation of a zoning classification 1s part of
the annexation proceeding, and provisions ot Land Development Regula-
tion. Chapter Two have been followed 1n e.tabl1shing the proposed zoning
designation, and
WHEREAS, the City ot Delray Beach ha. heretofore been
authorized to annex lands in accordance with Section 171.044 or the
Florida Statute..
NOW, THEREFORE, BE IT ORDAINED 8Y THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission ot the City of Delray
Beach, Palm Beach county, Florida, hereby annexe. to aaid City the
,
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Feb 18.94 13:57 P.Ó3
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following described land. located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
Parcel I,
Tha~ part of section 2', Township 46 South, Range 42
East, Palm Beach County, Florida, described as
follows:
Begin at the northwest corner of the plat ot FOXE
CHASE, according to ~he plat thereat recorded in
Plat Book 38, pag.s 1 and 2 of the Public Records ot
Palm Beach County, Florida; thence South 01°07' JJ"
East, along the West line ot said plat at FOXE
CHAS!, a di.tance of 707.79 feet to the point of
bec¡inning; thence continue South 01·07'33" East
along said west line, a di.t.ance of 72G. 00 feet.;
thence South SS052'27" west a d'istance at 600.00
feet; thence Nort.h 01 °07' 33" We.t a di.tance of
726.00 feet; thence North 88°52'21" East a distance
of 600.00 feet to the said point of beginning.
Containing 10 acre., more or 1....
Parcel 2:
That. part of Section 25, Township 46 South, Range 42
East, Palm Beach county, Florida, described as
follow.,
Commence at the Northwest corner of the plat of FOXE
CHASE, according to the plat thereat recorded in
Plat BOok 38, Page. 1 and 2 of the Public Record. of
Palll Beach County, Florida; thence S.1007'33"£.,
alone¡ the W..t line of said plat of FOXE CHASE,
272.79 t.et to the point of beginn1ng; thence
continue S.lo07'33"E., along laid W..t line, 435.00
feet; thence 8.88°52'27"W., 500.00 teet; thence
N.lo07'))"W., 360.00 teet; thence 1'.43°'2'27"1.,
212.13 teet; thence N.l°07'33""., 197.79 feet;
thence N.88°52'27"E., 150.00 teet; thence
S.1°07'33"!., 272.79 feet; th.nce N.88°'2'27"1.,
200.00 feet to the laid point of beginning.
Containing 6 acres, more or leee.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
2 nRn. Nn ~-Q4
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Feb 18.94 13:57 P.04
::;.
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parcels and said land i8 hereby dec lared to be wIthin the corporate
limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development
Regulations ha. been followed in the e.tablishment of a zoning classifi-
cation in this ordinance and the parcels hereinabove descrIbed are
hereby declared to be zoning District CF (community FacilitieS) as
defined by existing ordinances of the City of Delray Beach.
Section 4. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
iJMtunitie., debt., obligation., liabilitie., ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected,
including the Stormwater Managem.nt A.....ment levi.d by the City
pursuant to its ordinances and as required by Florida Statutes Chapter
197, and per.on. r..iding thereon shall be deemed citizens of the City
of Delray Beach, Florida.
Section 5. That this annexation of the subject property,
including adjacent roads, alley., or the like, it any, shall not be
deemed acceptance by the City of any maintenance responsibility tor such
roads, alley., or the llk., unless otherwise specifically initiated by
the City pursuant to current requirement. and condItions.
Section 6. That all ordinance. or parts of ordinances 1n
conflict herewith be, and the same are h.reby r.pealed.
Section 7. That Should any .ection or provi.ion of t.his
ordInance or any portion ther.o f , any parac¡raph, sent. nee, or word be
declared by a court of competent jurisdiction to be invalid, such
deci.ion shall not affect the validity of the r.maind.r hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance .hall become effective
immediately upon p&ssage on second and final readln9.
PASSID AND ADOPTED in regular ....1on on second and tinal
reading on this the day of , 1994.
MAYOR
ATTEST I
City Clerk
Fir.t Reading
Second Reading
b1oad.orc1 .
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
FROM:
SUBJECT: MEETING OF
ANNEXATION A 16 ACRE PORTION
OF BLOOD'S READING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance annexing a 16
acre portion of Blood's Grove, and applying a zoning
designation of CF (Community Facilities).
The ordinance applies to School Site "S" and a proposed
6-acre City park. The property is located along the eastern
boundary of Blood's Grove, adjacent to Fire Station is and
the Foxe Chase subdivision.
B A C K G R 0 U N D:
This annexation and initial zoning involves property that is to
be developed as a park (6 acres) and an elementary school (10
acres) . A need for both the school and the park in the
southwest area was identified in the City's Comprehensive Plan,
and efforts to fill those needs have resulted in the selection
of the subject sites. Both properties are in the process of
being sold by the Bloods: the park site to the City, and the
school site to the Palm Beach County School District.
A Future Land Use Map (FLUM) amendment assigning a Community
Facilities designation to this property was processed separately
as part" of Amendment 93-2. It is appropriate at this time to
move forward with the annexation and zoning of the property.
Once those processes are complete, a Conditional Use application
can be processed for the elementary school.
The attached Planning and Zoning Board staff report contains a
detailed background and analysis of this petition.
City Commission Documentation
Blood's Grove (16 ac.) Annexation and Initial Zoning
Page 2 -
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item and
the attendant FLUM amendment at its meeting of June 14, 1993.
Several residents from the Foxe Chase subdivision spoke in
opposition to the location of the school adjacent to their
neighborhood. The Board felt that another location on the
Blood's site would be more appropriate, and recommended denial
(6-0) of the FLUM amendment. Later at that same meeting, the
Board also recommended denial of the annexation and initial
zoning (6-0).
R E COM MEN D E D ACT ION:
Subsequent to the Planning and Zoning Board's consideration of
this item, the City Commission considered the FLUM amendment for
this portion of the Blood's property. In addition to the
residents of Foxe Chase who opposed the school site, numerous
other members of the public spoke in favor of the school on the
subject property. After some discussion, the Commission voted
4-1 in favor of the amendment changing the land use designation
to Community Facilities. The annexation of the property and the
initial zoning to CF are consistent with that action.
By motion, approve on first reading an ordinance annexing a
16-acre portion of Blood's Hammock Groves with an initial zoning
designation of CF (Community Facilities); based upon positive
findings with respect to Section 3.1.1 (A-D) Required Findings,
Section 3.3.2 Standards for Rezoning Actions, Section
2.4.5(D)(1) Change of Zoning District Designation--Rule and
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.
Attachment:
* P&Z Staff Report & Documentation of June 14, 1993
* Ordinance by others
DD\T:CCBLOOD.DOC
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PLANNING & Z -')NING BOARD -
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CITY OF DELRA Y BEACH --- S1 AFF REPORT ---
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MEETING DATE: June 14. 1993
AGENDA ITEM: II.C.
ITEM: Blood's Grove - Annexation & Initial Zoning
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GENERAL DATA:
Owner....................Norman W. and Carolyn J. Blood
Agent....................David Harden, City Manager
City of Delray Beach
Location.................South side of Old Germantown Road,
south of Linton Boulevard.
Property Size............Approximately 16 acres.
City' Land Use Plan.......Low Density Residential
Proposed Land Use Plan...Community Facilities
County zoning............AR (Agricultural Residential - PBC)
Proposed Zoning..........CF (Community Facilities)
Adjacent zoning...North: AR (PBC), A (Agricultural) and CF
, East: RT (Residential Transitional - PBC)
South: AR (PBC)
West: AR (PBC)
Existing Land Use........A portion of an existing orange grove.
Proposed Land Use........Future 10 acre elementary school
site and 6 acre City Park.
Water SerVlce............Exlstlng 12" water main in Old
Germantown Road right-of-way.
Sewer Servlce............Exlsting 8" sewer main serving Fire II.C.
Station' 5.
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I T B M B B FOR B T H B BOA R D:
The item before the Board is that of making a recommendation on
a voluntary annexation (pursuant to Florida Statue 171.044) with
initial city zoning of CF (Community Facilities).
LDR Sections 2.4.5(C) and (D) provide the rules and procedures
for processing of this petition.
The subject property is approximately 16 acres and is located on
the south side of Linton Boulevard, adjacent to Fire Station 15,
and along the west boundary of the Foxe Chase Subdivision.
SAC K G R 0 U N D:
With the adoption of the Comprehensive Plan in November, 1989, a
need was identified for an elementary school site and a
municipal park in the far southwest portion of the City. In the
ensuing years there have been discussions and negotiations among
the City, the School District, and individual property owners
relative to the siting of the elementary school.
Recently (June, 1993), the School District entered into a
purchase contract with the owner of Blood's Grove for a ten
acre site which would accommodate what is known as Elementary
School Site "S". A contingency in that contract requires the
City to purchase additional, adjacent property for use as a
municipal park. An approximately six acre area has been
identified for such a purpose.
Upon execution of the contract with the School District and upon
the approximate identification of a potential park site, the
owners of Blood's Grove authorized the City of Delray Beach to
initiate and process an annexation petition and what ever land
use applications are appropriate in order to accommodate the
contingency provisions of their contract with the School
District.
In order to provide the best control and to assure expedient
review and processing, it has been decided to annex the subject
property into the City. Along with annexation, there needs to
be designation of City zoning. Other land use processes include
an amendment to the City's Future Land Use Map (FLUM) and
conditional use/site plan approval. The FLUM amendment is being
processed separately, but concurrent with the annexation action.
The conditional use process will occur once sufficient
information is available for sKetch plan analysis.
PRO J E C T DES C RIP T ION:
The Future Land Use Map (FLUM) designation and the annexation
/initial zoning items are being processed separately. This
report deals only with the subject of annexation and initial
zoning. .
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P&Z Staff Report '<.,-.
Blood's Grove - Annexation
Page 2
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The territory proposed for annexation is approximately 16 acres
in area. It is a portion of the Blood's Orange Grove. It
contains a portion of the commercial orchard trees and an area
which is comprised of mainly invasive vegetation.
The applicant wishes to annex into the City, and then sell ten
acres to the Palm Beach County School Board for the elementary
school and to sell approximately six acres to the City of
Delray Beach for municipal park purposes. Thus, the zoning
designation of Community Facilities (CF) is being sought.
As a part of the overall project, but not necessarily associated
with the annexation and rezoning action, are arrangements for
the provision of adequate public facilities i.e. traffic/access,
water supply, and sewer collection. While these items will be
generally addressed in this analysis, they will be analyzed in
detail during the conditional use review process.
ANNEXATION A N A L Y S I S:
Florida statutes Governinq Annexations:
Pursuant to Florida Statue 171.044 "the owner or owners of real
property in an unincorporated area of a 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· municipali ty" . 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 parcel is contiguous via a common boundary with the
property containing Fire Station '5. The site for Fire
Station .5 was annexed on November 26, 1991-
* The property is reasonably compact in that it is
rectangular in shape and it will have access from a
collector roadway.
* The parcel being annexed does not extend to the south
property line of the Blood's holdings; thereby, not
creating an enclave of the Foxe Chase Subdivision.
Consistency between the City and County Land Use Designations:
The City's current Future Land Use Map designation for the
parcel is "Low Density 0-5 units per acre", while the Coun t y
Land Use Designation is "MR-5 (Medium Residential 5 du/a)".
These designations are deemed consistent with one another.
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P&Z Staff Report
Blood's Grove - Annexation
page 3
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In a separate action, a change to the City's Future Land Use Map
designation from Low Density Residential to Community Facilities
is being pursued. The City's FLUN designation will be effective
upon annexation and completion of City Plan Amendment 93-2.
Consistency with the City's Comprehensive Plan:
Designated Annexation Area: This requested annexation is
consistent with policy B-3.4, of the City's Future Land Use
Element which calls for the annexation of eligible properties.
The property is shown wi thin the "designated annexation area"
12, southeast of Linton Boulevard and Military Trail.
Provision of Services: When annexation of property occurs,
services should 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: In its current state, annexation of the 16 acre area
will not require additional manpower as there is limited use of
the property. There is no need to expand patrol areas as the
police currently pass the property while patrolling the City
areas to the east, west, and north of the site.
With annexation, the property will receive a response time of
between 4 minutes (emergency call) and 6 minutes (non-emergency
call) from the Delray Police Department.
Due to the unique character of the proposed use (elementary
school), there may be a demand upon the Police Department to
provide crossing guards at strategic locations.
Fire and Emergency Services: The annexation of this area will
not require additional fire fighting nor para-medic equipment or
manpower. The property will be served by Fire Station IS which
is immediately adjacent to it.
With annexation, the property will benefit from an improved
level of service in terms of response time; and, by having fire
suppression and emergency response services on adjacent
property.
Water: A 12" water main exists along the south side of
Germantown Road. It services Fire Station 15. This main will
have to be extended southward to, and through, the school site.
Also, it may be necessary to loop the main either west to the
South County Professional Center or south into Del Aire to
provide adequate pressures and/or system integrity.
The water system obligations and areas of responsibility are
outlined in an Interlocal Agreement of March 4, 1992, as amended
May 25, 1993 between the City of Delray Beach and the Palm Beach
County School Board. The Agreement states the School Board will
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P&Z Staff Report
Blood's Grove - Annexation
Page 4
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be responsible for provide funding for the installation of a
water main from Germantown Road to the elementary school. The
City will be responsible for the design and improvements
necessary to provide water system integrity (looping of water
mains etc.) and for oversizing of such facilities over and above
sizes required for an elementary school.
sewer: The nearest sewer main is also located at Fire Station
#5. This sewer main extends north from the fire station,
through the Spanish Wells Subdivision, and to Lift Station 58A.
The sewer system obligations and areas of responsibility with
respect to serving the elementary school are outlined in an
Interlocal Agreement of March 4, 1992, as amended May 25, 1993
between the City of Delray Beach and the Palm Beach County
School Board. Pursuant to the Agreement, the Palm Beach School
Board will install a gravity sewer main from Germantown Road to
the school site. The agreement stipulates that lift station
upgrading will be the responsibility of the City.
In order to properly provide sewer service for the entire
undeveloped area, it may be appropriate to construct a new
(master) lift station which will accommodate not only the school
but all future development on the balance of Blood's Grove and
adjacent properties. The property for such a lift station will
be provided as a part of the park site purchase agreement.
Street. and Traffic: A determination relative to traffic
concurrency is appropriate since the requested zoning is for a
specific land use i.e elementary school and municipal park.
Using acceptable traffic generation rates, the school is
assigned 496 average daily trips. No traffic assignment is
given the park component since, at this level of review, their
is no development proposed for it.
Traffic from the school site will access directly onto
Germantown Road, a City collector which currently functions at
LOS B. This traffic also accesses onto Linton Boulevard for
west, north, and a portion of south and east bound trips. At
this point of access, Linton Boulevard functions at LOS C. The
point of access onto Linton Boulevard is greater than 1/2 mile
from the intersection of Military Trail and Linton Boulevard.
Pursuant to the governing traffic performance standards, given
the trip generation, that intersection is not significantly
impacted and, thus, is not subject to analysis for concurrency
purposes. However, Palm Beach County has undertaken a project
which will result in complete dual left turn lanes at all
approaches to that intersection. That intersection improvement
project will be completed prior to opening of the elementary
school. Thus, traffic concurrency standards are accommodated.
A traffic service deficiency presently exists at the
intersection of Germantown Road and Linton Boulevard. These
deficiencies are:
* lack of a traffic signal in a warranted situation; and,
* a substandard intersection design.
P&Z Staff Report
Blood's Grove - Annexation
Page 5
The former item will be rectified by installation of a traffic
signal by the County. This programmed improvement is scheduled
for July, 1993.
As part of the development proposal for the subject property,
Germantown Road will be realigned to accommodate a standard
T-intersection at Linton Boulevard (see sketch exhibit). This
realignment will eliminate substandard conditions and will
provide safer accessibility to Blood's Grove.
Pursuant to the Interlocal agreement the School Board will
provide funding for the installation of two lanes of street
pavement (standard section with adjacent sidewalk) from
Germantown Road to the school entrance. The City will
participate in the reconstruction and realignment of the public
street system beyond that necessary to access the school
including such items as additional width, turn lanes, traffic
signal modifications I and intersection improvements on Linton
Boulevard.
Pedestrian Access: The neighborhood area is deficient in
sidewalks along Germantown Road. To meet this deficiency, the
City will install a sidewalk, on the south side of Germantown
Road from the E-4 Canal to Fire Station 15 and along its
realignment to the school site access road. This obligation is
contained within the Agreement between the City and the School
Board.
Parks: The proposed annexation will not create a demand for
additional park facilities, but rather, it will provide land for
meeting current and future demands. This need is identified
within the ANALYSIS section of the Parks and Recreation Element
of the City's adopted Comprehensive Plan. The specific manner
and degree to which shared recreational facilities i.e.
ball fields, all purpose field etc. will be provided is dependent
upon site specific analysis which will be addressed at the time
of conditional use (with sketch plan) review.
Solid Waste: The subject property does not receive this
service. Thus, annexation will not have an effect on solid
waste services. When development does occur, it will be served
by the Ci ty' s sol id was te contractor. The impact 0 f
accommodating solid waste from public facilities such as schools
and parks is calculated into the level of service standard which
has been calculated on a per capita basis for the City. Thus,
this proposed action does not have a level of service impact on
this service.
Fiscal Impacts:
Affect Upon the Annexed Property: Annexation is contingent upon
consummation of sale to the City and the School Board. Thus,
there is no fiscal impact, in terms of taxation and annexation,
upon the current property owner. Nei ther the Ci ty nor the
School Board will be assessed taxes or fees after annexation.
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P'Z Staff Report
Blood's Grove - Annexation
Page 6
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While in the County, the 16 acre portion of this property had a
liability of approximately $1,818.27 in taxes (15.5' of the
total tax bill). If the property were annexed but not sold, it
would be impacted by an additional $663 in City Taxes under its
agricultural exemption status. Without the exemption, the
municipal tax bill would approximate $2,332.
Affect Upon the City Revenues/Expenses: The City will not
realize any revenue from this annexation and development for
school and park purposes except for water and sewer connection
fees and monthly service fees.
In the previous parts of this analysis, several service and
infrastructure deficiencies were noted. These items are
addressed in the City's Capital Improvement Program.
Allocations include the following:
FUND: Recreational Impact Fee - a $500,000 expenditure in
FY 93/94 for land acquisition and a $800,000
expenditure in FY 97/98 for additional acquisition
and/or park development.
FUND: General Construction Fund - a $l50,000 expenditure in
FY 93/94 for participation with the School District in
providing access to Elementary School Site "S".
FUND: Water and Sewer Utility Fund - a $100,000 expenditure
in FY 93/94 for participation with the School District
in providing water and sewer service for Elementary
School Site "S".
Z 0 N I N G A N A L Y S I S:
The proposed City zoning is that of "Community Facilities" (CF).
This designation will accommodate the proposed park use as a
permitted use ~nd proposed school as a conditional use.
The current County zoning designation for the parcel is AR
(Agricultural Residential). The surrounding zoning designations
are AR to the south and west, AR in the County and CF in the
City to the north, and RT (Residential Transitional) in the
County to the east.
R E QUI RED 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 be made by the body which has
the authority to approve or deny the development application.
These findings relate to the following four areas:
P&Z Staff Report
Blood's Grove - Annexation
Page 7
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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.
A municipal park is allowed as a principal use and the
elementary school is allowed as a conditional use within
the proposed Community Facilities zoning designation. The
Community Facilities zone district is deemed consistent
with any land use designation on the Future Land Use Map.
Thus, this finding is met.
Concurrency: Facilities which are provided by, or through, the
city shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposal involves the annexation of property in
agricultural use. There are no infrastructure needs to
accommodate the existing use.
Required facilities the elementary school and park (water,
sewer, traffic) have been previously discussed under
"provision of services" section of the staff report. Under
the "fiscal impact" section, identification of funding
sources for the provision of facilities is made.
Provisions for providing the necessary facilities are
contained within the City's Five Year Capital Improvement
Program.
There are no identified level of service deficiencies
associated with the proposed annexation and subsequent
development.
Compliance with Land Development Regulations:
There is not a site specific development proposal as a part of
this annexation and zoning consideration. Gi ven the fact that
the School District is using a proto-type development package
for a ten acre site, that the City will have adjacent property
which will be designed in concert with the School District, and
that, at present, the overall site boundaries still have a
degree of flexibility and thus, can be modified if need be to
accommodate LDR provisions, there should not be a problem in
compliance.
In order to accommodate drainage, the purchase contract provides
that an off-site retention area be provided by the seller
(Blood's Grove) . This arrangement will easily satisfy the
accommodation of drainage needs.
, ,
-~
r
P&Z Staff Report
Blood's Grove - Annexation .
Page 8
-
Consistency:
Compliance with the performance standards set forth in Section
3.3.2 (Zoning), along with the required findings in Section
2.4.5, shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and pOlicies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency. The applicable performance
standards of Section 3.3.2 and other policies which apply are as
follows:
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
Since a CF zone designation is being sought, this
performance standard does not have applicability.
B) Performance Standard 3.3.2(D) states: That the rezoning
shall result in allowing land use. which are deemed
compatible with adjacent and nearby land use both existing
and proposedJ or that if an incompatibility may occur, that
sufficient regulations exist to propes:ly mitigate adverse
.¡ .. impacts from the new use.
~
The initial zoning designation of CF (Community Facilities)
is to accommodate a elementary school site and a
neighborhood park. By definition, these uses are deemed
compatible with residential land uses. Such land uses
either exists or are planned for adjacent properties.
Notwithstanding, the general statement above, compatib~lity
concerns with respect to noise and the potential for park
lightiØ H are. anticipated to be raised with respect to the
Foxe Chase development to the east. These concerns can
only be. addressed when site specific information is
available. This will be addressed during consideration of
the conditional use petition and its attendant sketch plan
in the case of shared recreation facilities, and during
site plan approval with respect to the park site.
Pursuant to Section 2.4.5(D)(1), a justification statement
providing the reason for which the change is being sought must
accompany all rezoning requests. The Code further identifies
certai~ valid reasons for approving the change being sought.
The basis for the CF zone designation is that it is
appropriate for the specific uses which are proposed for
the property.
P&Z Staff Report
Blood's Grove - Annexation
Page 9
policy B-1.1 ot the Future Land Use Element provides that a
neighborhood park be located in the vicinity ot Blood'. Grove.
Consummation of this annexation with CF zoning, pursuant to
terms of the purchase contact between the property owner
and the School Board will result in partial fulfillment of
this policy. Review of the Parks and Recreation Element
reveals that this park should be of a similar nature to
Barwick Park and shall also accommodate softball and
multi-purpose fields. This objective will be met, in part,
through shared facilities with the School District.
However, it is anticipated that additional park land will
need to be obtained and developed concurrently with further
development of the Blood's Grove holdings.
Policy D-3.6 of the Future Land Use Element provide. for a joint
Ci ty/School District effort to locate an elementary school in
the area south of Linton Boulevard and east of Military Trail.
Consummation of this annexation with CF zoning of the
purchase contract will result in fulfillment of this policy
directive.
REV I E W B Y 0 THE R S:
The annexation 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) .
On May 24, 1993 the Palm Beach County Planning Division was
notified of the City's intent to annex this property. To date a
response has not been received.
Courtesy notices were sent to:
* Helen Coopersmith (PROD)
* Erminio P. Guiliano (Foxe Chase)
* Saul Weinburger, (Del Aire)
* Jim Goggin (Shadywoods)
* Shadywoods Homeowners Association
* Grethen Bacon (Oakmont)
* Spanish Wells Condo Association ·
* Country Lake Association
ASS E SSM E N TAN D CON C L U S ION S:
The proposed annexation is consistent with policies in the
Comprehensive Plan and is allowable under State law. The zoning
of Community Facilities (CF) is appropriate given the intended
use of the property and the fact that the contractual sale of
the property (for the specific uses) is contingent upon approval
for those uses.
,
P&Z Staff Report
Blood's Grove - Annexation
Page 10
Since the City is an active participant in the eventual use of
the property and in providing infrastructure for the elementary
school, there is special significance to this annexation action.
However, the costs associated with the eventual development are
included in the City's capital improvement programming and
reservation of funding has already been accommodated.
Consummation of this annexation and zoning of CF accommodates
the initial steps in implementing directions and policies of the
City's adopted Comprehensive Plan i.e. an elementary school site
south of Linton Boulevard and east of Military Trail, and siting
of a municipal park in the far southwest quadrant of the City.
It is noted however, that the full park needs as stated in the
Parks and Recreation Element will not be met by the limited park
area which is under consideration at this time.
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend approval of the annexation request with initial
zoning of CF (Community Facilities).
C. Recommend denial of the Annexation petition with reasons
stated i.e. a failure to make appropriate findings.
S TAr r R E COM MEN D A T ION:
By motion:
Recommend approval of the Annexation request with an
initial zoning designation of CF (Community Facility) based
upon positive findings with respect to Section 3.1.1,
Section 3.3.2, Section 2.4.5(D)(1) and 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.
DJK/SANNEX.DOC
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