06-07-94 Regular
,
DElR\\ BE~CH
t&e:d
AII.America City
CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION FEGULAR MEETING '1111'
JUNE 7. 1994 6:00 P.M.: PUBLIC HEARING 7:00 P.M. ~
COMMISSION CHAMBERS
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
acti vi ty 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: Ci ty Staff, public comments,
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual wil1 be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary purpose
of the sign-in sheet is to assist staff with record keeping. Therefore,
when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission ,shall be barred by the
presiding officer from speaking further to the Commission unless
permission to continue or again address the Commission is granted by
majority vote of the Commission member present.
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City Commission
Regular Meeting
6/7/94
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by
the City Commission wLth 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:
Special Meeting of May 10, 1994
Regular Meeting of May 17, 1994
6. Proclamations:
A. Safe Boating Week - June 5 through 11, 1994
B. National Flag Day - June 14, 1994
7. Presentations:
A. Children's Home Society - Project Safe Place
B. Stadium Addition to Tennis Center
1. Peacock and Lewis
2. Digby Bridges Marsh & Associates
C. West Atlantic Beautification
1. Cotleur Hearing, Inc.
2 . Roy-Fisher Associates, Inc.
3. Peninsula Design and Engineering, Inc.
8. Consent Agenda: City Manager recommends approval.
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City Commission
Regular Meeting
6/7/94
A. RESOLUTION NO. 42-94: Approve a resolution assessing costs for
abatement action required to demolish an unsafe structure at 36
S.W. 6th Avenue.
B. RESOLUTION NO. 43-94: Approve a resolution assessing costs for
abatement action required to remove nuisances on five proper-
ties throughout the City.
C. RESOLUTION NO. 44-94: Approve a resolution assessing costs for
abatement action required to remove nuisances on four proper-
ties throughout the City.
D. FINAL PAYMENT/MICHAEL B. SCHORAH & ASSOCIATES. INC. : Approve
final payment in the amount of $905.25 to Michael B. Schorah &
Associates for pavement, water, sewer and drainage designs of
the Roadway Reconstruction Plan, with funding from Water &
Sewer Renewal & Replacement - Manhole Rehabilitation (Account
No. 442-5178-536-61.84).
E. FINAL PAYMENT/PALM BEACH COUNTY: Approve final payment to Palm
Beach County in the amount of $26,274.55 for the City's share
of costs involved with construction of a potable water main
interconnect Linton Boulevard, west of Military Trail. Payment
is in accordance with an Interlocal Agreement between the City
and the County, with funding from Water and Sewer Capital
Outlay - Interconnect Boca/PBC (Account #441-5161-536-64.01).
F. ACCEPTANCE OF RIGHT-OF-WAY DEED AND TWO EASEMENT DEEDS/RABBIT
HOLLOWE SUBDIVISION: Accept right-of-way deed and two ( 2 )
easement deeds associated with the Rabbit Hollowe Subdivision.
G. APPROVAL/ACCEPTANCE OF STREET MAINTENANCE AGREEMENT/RABBIT
HOLLOWE SUBDIVISION: Approve an Agreement with Rabbit Hollowe
Homeowners' Association, Inc. to accept a private street within
the subdivision (Rabbit Hollowe Circle) as a public street and
assume the related maintenance responsibilities.
H. FINAL PAYMENT/OLYMPIC INDUSTRIES. INC. : Approve final payment
in the amount of $407.15 and deduct Change Order No. 3 in the
amount of $103,00 to Olympic Industries, Inc. for completion of
the Public Works renovations, with funding from General
Construction - City Garage Improvements (Account No. 334-3351-
591-60.69).
I. LANDSCAPE WAIVER/PROFESSIONAL INSULATORS. INC. : Approve a
landscape waiver for Professional Insulators, Inc. to provide
site upgrading and improvements to their property located on
the east side of South Swinton Avenue 100' south of Southridge
Road.
J. CONTRACT RENEWAL/SEA TURTLE CONSERVATION PROJECT: Approve
contract renewal with Dr. John Fletemeyer to head the Sea
Turtle Conservation Project for an additional four years. The
total funding commitment for the additional four years is
$39,376 ($9,844 annually) and is available from Beach Restora-
tion/Sea Turtle Conservation (Account No. 332-2964-572-34.50) .
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City Commission
Regular Meeting
6/7/94
K. RESOLUTION NO. 46-94: Authorization to apply for funding
through Palm Beach County's State and County Roadway Beautifi-
cation Grant Program for West Atlantic Avenue.
L. LAKEVIEW GOLF COURSE REZONING/POSTPONEMENT: Approve postponing
City initiated rezoning to allow time for negotiation between
the City and the property owners regarding the City's possible
purchase of the golf course.
M. AUDITING SERVICES AGREEMENT RENEWAL/ERNST AND YOUNG: Consider
renewal of three-year auditing services agreement with Ernst
and Young for fiscal years ending September 30, 1995, 1996, and
1997.
N. ACCESS EASEMENT/SCHOOL SITE IISII PROPERTY: Grant 40 foot
easement to the School Board for access to the School Site liS II
property, through the park property which the City acquired
from the Bloods.
O. AWARD OF BIDS AND CONTRACTS:
1. Contract Award - Via Palm Beach County Contract, to
Southeastern Municipal Supply for water meter boxes and
lids, with an estimated annual cost of $12,984. Funding
is available from Water & Sewer Renewal & Replacement -
Water Meter Replacements (Account No. 442-5178-536-52.31).
2 . Bid Award - Co-op Bid Road Construction Materials to
Hardrives of Delray and to Ready Road Repair at an
estimated annual cost of $39,365, with funding from Road
Materials and Supplies/Repairs (Account No. 001-3113-541-
53.10) and from Road Materials and Supplies/Other (Account
No. 001-3113-541-53.90) .
3. Bid Award - Joint Bid with the City of Boca Raton - Co-op
Bid - Emergency repairs to underground utilities including
equipment rental and construction crews, to Ric-Man
International, Inc. d/b/a Pipeline Installers, Johnson-
Davis, Inc. , and Olympic Industries, Inc. , with funding
from Water & Sewer Operating Expense budget.
4. Contract Awards - CDBG Housing Rehabilitation Program -
Three Grant Awards to low bidders South Florida
Construction Services and Intercontinental Construction
Corp. , totaling $54,917, with funding from CDBG/Housing
Rehabilitation (Account No. 118-1963-554-49.19).
5. Bid Award - Emergency sewer repair and restoration at 929
Foxpointe Circle in the Hamlet in the amount of $15,000 to
Chaz Equipment, with funding from Renewal and Replacement/
Manhole Rehabilitation (Account No. 442-5178-536-61.84) .
6. Bid Award - Refurbishing Gymnasium "Floor at Pompey Park -
to Diversified Design Enterprises, Inc. in the amount of
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City Commission
Regular Meeting
6/7/94
$16,500, with funding from Community Development Block
Grant (Account No. 118-1962-554-60.20).
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting the actions and decisions made by
the Planning and Zoning Board, Site Plan Review and Appearance
Board and the Historic Preservation Board during the period May
16 to June 3, 1994.
B. RESOLUTION NO. 45-94/MID-YEAR BUDGET AMENDMENT: A resolution
amending Resolution No. 94-93 which made appropriations of sums
of money for all necessary expenditures of the City for the
Fiscal Year 1993-94, by setting forth the anticipated revenues
for the operating funds of the City.
C. SERVICE AUTHORIZATION NO. 2/DIGBY BRIDGES. MARSH & ASSOCIATES:
Consider Service Authorization No. 2 in the amount of $29,500
to the contract with Digby Bridges, Marsh & Associates for
design changes to comply with the budget for the Golf Course
Clubhouse project; with funding from Golf Course Clubhouse -
Engineering & Architectural (Account No. 445-4763-572-31.30).
D. APPOINTMENT/BOND COUNSEL CONTINUING SERVICES: Consider the
appointment of bond counsel for continuing legal advise as to
previous financings and for contemplated bond issue scenarios
and associated issues.
E. UNDERWRITING AGREEMENT/SMITH BARNEY. INC. AND STIFEL. NICOLAUS
& COMPANY. INC. : Consider five-year underwriting agreement
with Smith Barney, Inc. and Stifel, Nicolaus & Company, Inc.
F. DIRECTION RE: CHANGE OF ZONING FOR PARCELS LOCATED ALONG
CONGRESS AVENUE CORRIDOR: Provide direction concerning the
City-initiated rezoning from MIC (Mixed Industrial and
Commercial) District to LI (Light Industrial) District for ten
(10) parcels located along the Congress Avenue Corridor,
between Atlantic Avenue and the L-32 Canal.
G. DIRECTION RE: ADDITIONAL REGULATIONS FOR RESIDENTIAL
REDEVELOPMENT: Provide direction concerning the issue of
regulating residential redevelopment.
H. DIRECTION FOR BID SPECIFICATIONS/HURRICANE SHUTTERS FOR CITY
HALL NORTH WING: Provide direction on specifications for bid
for hurricane shutters for the north wing of City Hall.
I. SETTLEMENT OFFER/LAKE IDA PARK TENNIS FACILITIES: Consider
settlement offer in the amount of $50,000 to Roy Simon for
architectural contract termination claim.
J. RELEASE OF COST JUDGMENT/HORENBURGER V. CITY: Consider release
of the cost judgment of Frederic Horenburger claim in the
amount of $6,028.32.
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City Commission
Regular Meeting
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K. SETTLEMENT OF CLAIM/ELMO TIPPETT: Acquisition of easements,
N.E. 9 Avenue right-of-way, and replacement of trees, in the
amount of $6,000.
L. RESOLUTION NO. 47-94/0BJECTING TO PROPOSED PUBLIC UTILITIES
UE..o.. Consider Resolution No. 47-94 opposing and objecting to
the Board of County Commissioners' proposed amendment to the
Unified Land Development Code, which provides for a proposed
public utilities fee as a source of funding for the County's
Department of Environmental Resources Management Wellfield
Protection work.
M. This item has been removed.
N. CHANGE ORDER NO. 9/CHAZ EOUIPMENT COMPANY. INC. Consider add
Change Order No. 9 in the amount of $11,600 and 15 day
extension of contract time to Chaz Equipment Company, Inc. to
install drainage lines on Pelican Way in conjunction with the
Beach Road Reconstruction Project, with funding from Stormwater
Utility (Account No. 448-5411-538-31.90).
10. Public Hearings:
A. ORDINANCE NO. 29-94: An ordinance repealing Ordinance No.
162-88 wherein the Koch House at 777 North Ocean Boulevard was
designated as an historic building, and enacting the subject
ordinance to provide a corrected legal description showing the
historic designation as Lot 21 only.
B. SIGN CODE WAIVER/BORROW BROTHERS RENT-ALL: Consider a request
for waiver of LDR Section 4.6. 7(E) (7) which provides that a
flat wall sign may not exceed 15% of building face per business
or tenant. Borrow Brothers, 320 North Congress Avenue, is
seeking a waiver to allow a 65 sq. ft. sign instead of the 54
sq. ft. sign allowed by code.
1!. 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. 54-94: An ordinance providing for the
certification and adoption of the assessment roll for the
Banker's Row Assessment District. If passed, public hearing
June 2 1 , 1994.
B. ORDINANCE NO. 26-94: An ordinance rezoning a portion of Lot 8,
_Block 3, Lake Ida Shores, from R-1-AAA (Single Family
Residential) District to R-1-AB (Single Family Residential)
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City Commission
Regular Meeting
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District. If passed, public hearing June 21, 1994. Planning
and Zoning Board recommends denial.
C. ORDINANCE NO. 30-94: An ordinance amending Section 4.4.19 of
the Land Development Regulations to allow IIAuctionsll as an
accessory use in the MIC (Mixed Industrial and Commercial)
District. If passed, public hearing June 21, 1994. Planning
and Zoning Board recommends approval.
D. ORDINANCE NO. 31-94: An ordinance amending the Land
Development Regulations by enacting a new Section 4.4.27, Open
Space and Recreation ( OSR) District. If passed, public hearing
June 21, 1994. Planning and Zoning Board recommends approval.
E. ORDINANCE NO. 32-94: An ordinance amending Section 4.4.21,
Community Facilities (CF) District of the Land Development
Regulations by clarifying purpose and intent, types of uses
allowed, and development, supplemental and special regulations
for the zone district. If passed, public hearing June 21,
1994. Planning and Zoning Board recommends approval.
F. ORDINANCE NO. 33-94: An ordinance amending Section 4.4.22,
Open Space (OS) District of the Land Development Regulations by
clarifying purpose and intent and amending types of uses
allowed within the zone district. If passed, public hearing
June 2 1 , 1994. Planning and Zoning Board recommends approval.
G. ORDINANCE NO. 34-94: An ordinance rezoning Del-Aire Golf
Course from OS (Open Space) District to OSR (Open Space and
Recreation) District. If passed, public hearing June 21, 1994.
Planning and Zoning Board recommends approval.
H. ORDINANCE NO. 35-94: An ordinance rezoning The Hamlet Golf
Course from OS (Open Space) District to OSR (Open Space and
Recreation) District. If passed, public hearing June 21, 1994.
Planning and Zoning Board recommends approval,
I. ORDINANCE NO. 36-94: An ordinance rezoning Sherwood Park Golf
Course from OS (Open Space) District to OSR (Open Space and
Recreation) District. If passed, public hearing June 21, 1994.
Planning and Zoning Board recommends approval. '
J. ORDINANCE NO. 37-94: An ordinance rezoning the Delray Beach
Municipal Golf Course from OS (Open Space) District to OSR
(Open Space and Recreation) District. If passed, public
hearing June 21, 1994. Planning and Zoning Board recommends
approval.
K. ORDINANCE NO. 38-94: An ordinance rezoning Barwick Park from
CF (Community Facilities) District to OS (Open Space) District.
If passed, public hearing June 21, 1994. Planning and Zoning
Board recommends approval.
L. ORDINANCE NO. 39-94: An ordinance rezoning the Catherine
Strong Center from CF (Community Facilities) District to OSR
(Open Space and Recreation) District. If passed, public
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City Commission
Regular Meeting
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hearing June 21, 1994. Planning and Zoning Board recommends
denial.
M. ORDINANCE NO. 40-94: An ordinance rezoning the Delray Beach
Municipal Cemetery from CF (Community Facilities) District to
OSR (Open Space and Recreation) District. If passed, public
hearing June 21, 1994. Planning and Zoning Board recommends
approval.
N. ORDINANCE NO. 41-94: An ordinance rezoning Pompey Park from CF
(Community Facilities) District to OSR (Open Space and
Recreation) District. If passed, public hearing June 21, 1994.
Planning and Zoning Board recommends approval.
o. ORDINANCE NO. 42-94: An ordinance rezoning Lake Ida Park from
CF (Community Facilities) District to OS (Open Space) District.
If passed, public hearing June 21, 1994. Planning and Zoning
Board recommends approval.
P. ORDINANCE NO. 43-94: An ordinance rezoning Lake Ida Park (at
Lake Drive) from CF (Community Facilities) District to OS (Open
Space) District. If passed, public hearing June 21, 1994.
Planning and Zoning Board recommends approval.
Q. ORDINANCE NO. 44-94: An ordinance rezoning the Boy Scout Hut
property from CF (Community Facilities) District to OSR (Open
Space and Recreation) District. If passed, public hearing June
21, 1994. Planning and Zoning Board recommends approval.
R. ORDINANCE NO. 45-94: An ordinance rezoning Pioneer Park from
CF (Community Facilities) District to OS (Open Space) District.
If passed, public hearing June 21, 1994. Planning and Zoning
Board recommends approval.
S. ORDINANCE NO. 46-94: An ordinance rezoning Merritt Park from
CF (Community Facilities) District to OSR (Open Space and
Recreation) District. If passed, public hearing June 21, 1994.
Planning and Zoning Board recommends approval.
T. ORDINANCE NO. 47-94: An ordinance rezoning Veterans Park from
CF (Community Facilities) District to OSR (Open Space and
Recreation) District. If passed, public hearing June 21, 1994.
Planning and Zoning Board recommends approval,
U. ORDINANCE NO. 48-94: An ordinance rezoning Currie Commons from
CF (Community Facilities) District to OSR (Open Space and
Recreation) District. If passed, public hearing June 21, 1994.
Planning and Zoning Board recommends approval.
V. ORDINANCE NO. 49-94: An ordinance rezoning Knowles Park from
CF (Community Facilities) District to OS (Open Space) District.
If passed, public hearing June 21, 1994. Planning and Zoning
Board recommends approval.
W. ORDINANCE NO. 50-94: An ordinance rezoning Miller Park from CF
(Community Facilities) District to OSR (Open Space and
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. City Commission
Regular Meeting
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Recreation) District. If passed, public hearing June 21, 1994.
Planning and Zoning Board recommends approval.
X. ORDINANCE NO. 51-94: An ordinance rezoning the Bucky Dent
Baseball_ School from CF (Community Facilities) District to OSR
(Open Space and Recreation) District. If passed, public
hearing June 21, 1994. Planning and Zoning Board recommends
denial.
Y. ORDINANCE NO. 52-94: An ordinance rezoning the Park adjacent
to School Site S-2 from CF (Community Facilities) District to
OSR (Open Space and Recreation) District. If passed, public
hearing June 21, 1994. Planning and Zoning Board recommends
approval.
Z. ORDINANCE NO. 53-94: An ordinance amending Section 4.6.4,
"Special District B,oundary Treatment", of the Land Development
Regulations by repealing Subsection 4.6.4(E), "Community
Facilities Zoning Adjacent to Residential Zoning" , in its
entirety. If passed, public hearing June 21, 1994. Planning
and Zoning Board recommends approval.
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
~~~1II ':.;J
AII.America City
~'IIJ! PROCLAJfA riD,','
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WHEREAS, water-related recreational activities are
vital elements in the lives of Florida's citizens; and,
WHEREAS, the State's 8,426 miles of saltwater
tidal coastline, over 3 million acres of inland lakes and
1,700 miles of rivers and streams provide for many of the
needed outlets for recreation and relaxation; and,
WHEREAS, recreational boating is one of Florida's
leading outdoor activities with more than 4 million
residents participating in this pastime; and,
WHEREAS, Florida is the fastest growing
recreational boating state in the nation with over 715,000
registered vessels; and,
WHEREAS, every year lives are lost in boating
accidents, due to alcohol, in spite of the educational
efforts of the U. S. Coast Guard, the U. S. Coast Guard
Auxiliary, the U. S. Power Squadrons, the Florida Marine
Patrol, the Florida Game and Fresh Water Fish Commission and
local agencies; and,
WHEREAS, the Florida Marine Patrol, the Florida
Game and Fresh Water Fish Commission, the U. S. Coast Guard,
the U. S. Coast Guard Auxiliary, the U. S. Power Squadrons
and other cooperating agencies and groups have developed and
are now executing campaigns in this field; and,
WHEREAS, the sponsors of these safety programs
have addressed their efforts to the youth and general public
of Florida, urging them to enhance boating pleasure and
avoid possible loss of life and property damage.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on beha 1f of the City
Commission, do hereby proclaim June 5 through June 11, 1994,
as
SAFE BOATING WEEK
in Delray Beach, and urge all citizens to join in learning
and practicing safe boating through boating education
courses and in operating their vessel responsibly and not
drinking and driving.
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 7th day of June, 1994.
MAY 0 R
THOMAS E. LYNCH
SEAL
(PA
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,
[Iry OF DELRAY BERCH
D~lRA Y, B~A~H,
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AII.America City
~'III' h~<)CL.LH_.l T[(, ",'
1'-1'1)
WHEREAS, by Ac t of Congress of the United States
da ted June 14, 1777 , the first official Flag of the United
States was adopted; and,
WHEREAS, by Act of Congress dated August 3, 1949,
June 14 of each year was designated "NATIONAL FLAG DAY";
and,
WHEREAS, the Congress has requested the President
to issue annually a proclamation designating the week in
which June 14 occurs as NATIONAL FLAG WEEK; and.
WHEREAS, on December 8, 1982, the National Flag
Day Foundation was chartered to conduct educational programs
and to encourage all Americans to PAUSE FOR THE PLEDGE OF
ALLEGIANCE on Flag Day, June 14; and,
WHEREAS, by Act of Congress, Public Law 99-54 was
passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as
part of the celebration of National Flag Day throughout the
nation; and,
WHEREAS, Flag Day celebrates our nation's symbol
of unity, a democracy in a republic, and stands for our
country's devotion to freedom, to the rule of all, and to
equal rights for all.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby proclaim June 14, 1994 as
NATIONAL FLAG DAY
in Delray Beach, Florida, and urge all citizens to pause at
7:00 PM EDT on this date for the fourteenth annual PAUSE FOR
THE PLEDGE OF ALLEGIANCE to the Flag and join all Americans
in reciting the Pledge of Allegiance to our Flag and Nation.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Official Seal of the City of Delray Beach,
Florida, to be affixed this 7th day of June, 1994.
MAY 0 R
THOMAS E. LYNCH
SEAL
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DBPARTMBNT OP BNVIRONMENTAL SERVICES
MBMORANDUM
TO: David T. Barden
Ci~y Manager ?1
PROM: william B. Greenwood 4V/~~
Direc~or of Environmen~al Services
DATE: Kay 23, 1994
SUBJECT: Tennis Cen~er S~adium
projec~ No. 94-71
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A request for Qualification (RFQ) for the selection of an architect
for the stadium addition to the Tennis Center has been advertised.
Four firms have submitted qualification letters. A selection
committee consisting of the following staff members was formed and
met on May 23, 1994.
Joe Safford Joe Dragon
Rod Rodriquez Jose Aguila
Ralph E. Hayden William H. Greenwood
Our ranking of these four firms is as follows:
1. Peacock & Lewis West Palm Beach, Florida
2. Digby Bridges Marsh &
Associates Delray Beach, Florida
3. Swanke Hayden Connell
Architects Miami, Florida
4. Harum Architects Key Largo, Florida
Based on our ranking we recommend that Peacock and Lewis and Digby
Bridges, Marsh & Associates be permitted to make a presentation to
City Commission, on June 7th, 1994.
We have prepared letters for your signature to all four firms
regarding the action we propose. Please keep in mind that if
Commission selects a firm other than Digby Bridges, Marsh &
Associates it may be appropriate to have a service authorization
for Digby to provide consultation and review since he has all the
original information, concepts and detailed information on the
Tennis Center.
1 ..f 2
~ to IlL! I CJt.f '1B
to
.
The original qualification packages have been returned to
Purchasing. If you desire, they may be made available to
Commission by notifying Purchasing.
REH:kt
cc: Joe Safford, Finance Director
Joe Dragon, Ass't Director Parks and Recreation
Rod Rodriquez, Dep. Bldg. Official
Jose Aguila, Ass't Construction Manager
Ralph E. Hayden, P.E., City Engineer
Ted Glas, Purchasing Officer
Allison McGregor Harty, City Clerk
File: 94-71
RHDH9471.KT
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M E M 0 RAN DUM
TO: DAVID HARDEN. CITY MANAGER LiD
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~Q
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR
RE: SHORT-LIST OF FIRMS FOR WEST ATLANTIC AVENUE BEAUTIFICATION
REQUEST FOR QUALIFICATIONS # 94-50
DATE: MAY 25, 1994
ITEM BEFORE THE COMMISSION
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Presentations will be made to the Commission from the three firms short-
listed for landscape architectural services for West Atlantic Avenue
Beautification, RFQ # 94-50.
BACKGROUND
A Request for Qualifications for a landscape architectural firm to prepare
plans for the beautification of West Atlantic Avenue (between the CSX
Railroad and Military Trail) was advertised on April 27, 1994.
Ten firms responded to the RFQ and submitted their qualifications to the
City by May 17, 1994. The qualifications were routed to the selection
committee for review and ranking for short-listing. The selection committee
was comprised of David Tolces, Assistant City Attorney; Paul Dorling,
Principal Planner; Ray Eubank, Superintendent of Parks; Jose Aquila,
Assistant Construction Coordinator and Nancy Davila, Horticulturist/Special
Projects Coordinator.
When reviewing the submittals the selection committee stressed the
importance of similar roadwork experience with FDOT, grant preparation
experience, overall design experience and demonstration of a clear
understanding of the time constraints involved and the firm's ability to
meet project deadlines.
The following firms were selected by the committee to make their
presentation to the City Commission. They are not ranked in any particular
order.
Cotleur Hearing, Inc. ~ p;uou~, 'fiL ~
Roy-Fisher Associates, Inc.
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Peninsula Design & Engineering, Inc.
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@ Ro4- Fi's/;Ee /Is S oC!. I 'p -fE s
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.
Cotleur Hearing, Inc.
This firm has an established track record in streetscape median design,
median irrigation, County and FDOT permitting and grant acquisition. Most
recently they have been working with the City of Ft. Pierce in cooperation
with St. Lucie County and the FDOT on plans for State Road 70 a six mile
corridor where over $900 thousand in grants was obtained. They are
committed to landscape designs that minimize long term maintenance
obligations while maintaining high design standards. They are a nine person
firm located in Jupiter.
Roy-Fisher Associates, Inc.
The selection committee was particularly impressed with their focus on the
long term cost of maintenance and the design parameters established for
roadway plantings. They have a computerized maintenance program that can
project future maintenance costs. They seem to have a good understanding of
the fact that roadways are difficult environments to grow plants and are
concerned about designing a plan with materials that will be tough, long
lasting, won't freeze or need constant spraying or trimming, We were equally
impressed by their concern for the safety of both the driver and the
maintenance worker. Safe sight distance triangles templates are integrated
with their CAD system to ensure these areas are not hazardous. They cite
numerous streetscape projects and the level of de tail in their sample
planting plans is notable. They are a six person firm in Jupiter.
Peninsula Design ~ Engineering, Inc.
This firm has a strong background in working with FDOT throughout the State.
They have recently completed designs for 7 sites in Dade County taking in 24
miles of roadway and worked for the City of Tampa on the design of their
eastern gateway, 2.5 miles along 1-4. They also contract directly with DOT
to provide District IV and VI landscape architectural and environmental
services which gives them an excellent working knowledge of FDOT's
procedures and guidelines. With Hillsborough County, Peninsula Design
coordinated and prepared grant submittals in connection with 3 miles of
medians and roadways. Integral to their design process is a review and
analysis of maintenance requirements. Although their main office is in
Tampa, they also have an office in Ft. Lauderdale. Between the two offices
they employ 26 people.
RECOMMENDATION
The Selection Committee feels that all of the short-listed firms have
excellent qualifications and anyone of them has the ability to prepare
landscape and irrigation plans meeting the FDOT's guidelines within the time
period required to meet the deadline for the grant submittal of July 15,
1994.
2
.
i
REQUEST FOR QUALIFICATIONS
RFQ #94-50
LANDSCAPE ARCHITECT
WEST ATLANTIC AVENUE
1. The SWA Group
401 Fairway Drive
Deerfield Beach. Florida 33441
2. peninsula Design & Engineering, Inc.
9720 Princess Palm Ave.
Suite 106
Tampa. Florida 33619
3. Land Design South
1280 N. Congress Avenue
Suite 125
West Palm Beach. Florida 33409
4. Cotleur Hearing Landscape Architecture
Suite 402
1070 E. Indiantown Road
Jupi ter. Florida 33477 ,
.
5. Gee & Jenson
One Harvard Circle
West Palm Beach. Florida 33409
6. A. Grant Thornbrough and Associates
132 North Swinton Avenue
Delray Beach. Florida 33444
7. Roy-Fisher
6671 West Indiantown Road
Suite 56-373
Jupi ter. Florida 33458
8. Jerry Turner & Associates of Florida, Inc.
62 S.E. 6th Avenue
Delray Beach. Florida 33483
9. Daniel H. Carter. Landscape Architects. Inc.
P.O. Box 1315
Delray Beach. Florida 33447-1315
10. Design Studios West
1527 2nd Street
Sarasota. Florida 34236
... ~.-----
.
.
,
, Agenda I tem No, : 76
AGENDA REQUEST
Date: 5/31/94
Request to be placed on:'
X
Regular Agenda Special Agenda Workshop Agenda
When: 6/7 / 94
Uescription of agenda item (who, what, where, how much):
Short-List of Firms for West Atlantic Avenue BeautifiCATION
Request for Qualifications #94-50
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Commission Action
~,~/~' ""- ::..
Department Head Signature:
I
I
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (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:
City Manager Review: NO t /~ I
Approved for agenda: ~/
Hold Until:
Agenda Coordinator Review:
Received: ,
Action: Approved/Disapproved
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tfJi 1
SUBJECT: AGENDA ITEM i ~A - MEETING OF JUNE 7. 1994
RESOLUTION NO. 42-94
DATE: JUNE 3, 1994
This is a resolution assessing costs for abatement action
required to demolish an unsafe structure at 36 S.W. 6th Avenue.
The resolution sets forth the actual costs incurred and provides
the mechanism to attach a lien on this property in the event the
assessment of $2,035.00 remains unpaid.
Recommend approval of Resolution No. 42-94 assessing costs to
demolish an unsafe building on property located at 36 S.W. 6th
Avenue.
.
__w. _ __ -... .- ----.,.~. . _. -..-
. ----_....- '-"---' -~-_._. ...._._- ~-~-.._-'-. ....un
RESOLUTION NO. 42-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO. ARTICLE 7.8, II UNSAFE
BUILDINGSII, OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- !
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations,
declared the existence of an unsafe building upon certain lots or .
parcels of land, described in the list attached hereto and made a part :
hereof, for violation of the building codes and building requirements
adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code
of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development i
Regulations of the City of Delray Beach, the Building Official or his I
designated representative has inspected said land(s) and has determined i
that an unsafe building existed in accordance with the standards set:
forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and i
did furnish the respective owner(s) of the land(s) described in the I
attached list with written notice of unsafe building and detailed report i
of conditions and notice to vacate as the Building Official determined
that the building was manifestly unsafe and is considered a hazard to
life and public welfare pursuant to Article 7.8 of the Land Development
Re.gulations, describing the nature of the violations and sent notices
that the building was to be vacated and that the building was to be ,
repaired or demolished; work must be begun wi thin sixty (60) days and
all work must be completed within such time as the Building Official
determines, said notice also advised that all appeals must be filed
within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the
Building Official would have the authority to have the building demol-
ished from the date of the said notice; and,
WHEREAS, all the notice requirements contained within Article
7.8 have been complied with; and, i
.
-_.---- .----
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Article 7.8 of the Land
Development Regulations the Building Official caused the abatement
action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 7.8. 11 of the Land Development Regulations of the
i City of Delray Beach, submitted to the City Commission a report of the
I
I costs incurred in abating said condition as aforesaid, said report
indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Article 7.8 of the Land Development Regulations desires to
assess the cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 7.8.11
become a lien upon the respective lots and parcel(s) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and I
bindinq obliqations upon the property aqainst which said assessments ars I
levied.
Section 3. That the City Clerk of the City of Delray Beach is I
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an
assessment against said property for the cost of abatement action
regarding an unsafe building by the thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of six percent (6%)
per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
- 2 - Res. No. 42-94
.
.- " ~'--' . -.. ~
--.-.-.---. _ ._'"". -~-~-- -,- "'--'~.'---'---- .,.- -----
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment (s.) , after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date i
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the!
subject property which shall secure the cost of abatement, interest at I
the rate of 6%, and collection costs including a reasonable attorney's I
I fee. !
-
PASSED AND ADOPTED in regular session on this the . day!
of , 1994.
!
MAY 0 R
ATTEST:
City Clerk
- 3 - Res. No. 42-94 ,
I
,
.
NOTICE OF ASSESSMENT
Date
TO: William Plummer et al
ADDRESS: 329 Lincoln Court, Delray Beach, Fl 33444
PROPERTY: 36 SW 6th Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: NSO' of 5200' of E13S' of Block 13, Town of Delray
according to Plat Book 1, Page 3 of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of$2,03S.00 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1993, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 4-14-94
that the Building Official nas determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 4-29-94
at a cost of $2.01~.OO which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
.
,
Copy of all notices referred to in this notice are available in the
office of the BuildJng Official.
BY ORDER OF TilE CITY COMMISSION.
City Clerk
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [11'/(
SUBJECT: AGENDA ITEM i 'g":f] - MEETING OF JUNE 7. 1994
RESOLUTION NO. 43-94
DATE: JUNE 3, 1994
This is a resolution assessing costs for abatement action
required to remove nuisances on five properties throughout the
City. The resolution sets forth the actual costs incurred and
provides the mechanism to attach liens on these properties in the
event the assessments remain unpaid.
Recommend approval of Resolution No. 43-94 assessing costs for
abating nuisances on five properties located within the City.
,--~'. --.' , ._.-- n _.. .-. --
......_.__~..__ '..r__ - .. -.-....-..- -'._'- RESOLUTIoN NO. 43-94 .~----~_.._.- ._.~.-_.._.
!
I
I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 I
of the Code of Ordinances describing the nature of the nuisance(s) and i
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached I
hereto and made a part hereof did fail and neglect to abate the j
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner ( s ) failed and/or neglected to abate such nuisance (s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
I
I
.
---- ,,-- -"" _.~,- _. ,.
-' '.' '.'--- ._~-_..' --_-.,-~-- WHEREAS, the Ci tyo-r-Oelray" Beacn , tnrougntne Cl.ty Aamrnrs'tra':--
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the noticej and,
WHEREAS, the City Manager of the City of Delray Beach has, j
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred I
in abating said nuisance(s) as aforesaid, said report indicating the I
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I
Section 1. That assessments in the individual amounts as shown I
by the report of the City Manager of the City of Delray Beach, involving I
the City's cost of abating the aforesaid nuisances upon the lots or I
parcels of land described in said report, a copy of which is attached!
hereto and made a part hereof, are hereby levied against the parcel (s) ;
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and I
bin~ing obligations upon the property against which said assessments are I
lev~ed. i
Section 3. That the City Clerk of the City of Delray Beach is I
hereby directed to i~ediately mail by first class mail to the owner(s) I
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an I
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within I
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will'
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
I - 2 - Res. No. 43-94
-..-. - -.--.-
.'.---.-"-- --S'ection 4. That this resolution shall become effectiv~ ~lir~t~!
(30) days fJ:'om the date of adoption and the assessment(s) contained i
herein shall become due and payable thirty (30) days after the mailing:
date of the, notice of said assessment(s), after which a lien shall be 1
placed on said property(s), and interest shall accrue at the rate of i
eight (8 ) percent per annum plus, if collection proceedings are'
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mai ling:
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm:
Beach County, Florida, and upon the date and time of recording of the j
certified copy of this resolution a lien shall become effective on the:
subject property which shall secure the cost of abatement, interest at:
the rate of 8%, and collection costs including a reasonable attorney's;
fee. ,
PASSED AND ADOPTED in regular session on this the day:
of , 1994.
MAY 0 R
ATTEST:
City Clerk
I
I
- 3 - Res. No. 43-94
!
!
I
.
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
N100' OF E131.6' OF BLOCK 63, ISIS CASTRO $27.15
TOWN OF DELRAY, PLAT BOOK 6, 279 NW 36TH AVENUE 15.00 (ADM. COST)
PAGE 3, PUBLIC RECORDS OF DEERFIELD BEACH, FL (RECORDING)
PALM BEACH COUNTY, FL 33442-8082
(200 SOUTH SWINTON AVENUE)
LOT 32, BLOCK 5, DELL PARK, RAYMOND J. & $27.15
PLAT BOOK 8, PAGE 56, PUBLIC BEATRICE M. GRAEVE 15.00 (ADM. COST)
RECORDS OF PALM BEACH 3585 EDGAR AVENUE (RECORDING)
COUNTY, FL BOYNTON BEACH, FL 33436
(241 NE 11TH STREET)
N50' OF S206.4' OF E135' OF HATTIE MAJOR $27.15
BLOCK 24, TOWN OF DELRAY, % ROSLYN A. BAIN 15.00 (ADM. COST)
PLAT BOOK 1, PAGE 3, PUBLIC 340 SW 5TH AVENUE (RECORDING)
RECORDS OF PALM BEACH DELRAY BEACH, FL
COUNTY, FL 33444-2406
(335 SW 5TH AVENUE)
LOT 15, BLOCK 3, DELRAY MARIE PUPKE $27.15
SHORES, PLAT BOOK 24, PAGE 8266 SAWPIRE ROAD 15.00 (ADM. COST)
233, PUBLIC RECORDS OF DELRAY BEACH, FL 33446 (RECORDING)
PALM BEACH COUNTY, FL
(646 ANGLER DRIVE)
LOT 8, BLOCK 13, DELRAY MANES & MARIE R. SALOMON $27.15
SHORES 1ST ADDITION, PLAT 2942 ANGLER DRIVE 15.00 (ADM. COST)
BOOK 28, PAGE 2, PUBLIC DELRAY BEACH, FL (RECORDING)
RECORDS OF PALM BEACH 33445-2304
COUNTY, FL
(2942 ANGLER DRIVE)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS.
- 4 -
Res. No. 43-94
. ,-.-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt7v{
SUBJECT: AGENDA ITEM i r;rc. - MEETING OF JUNE 7. 1994
RESOLUTION NO. 44-94
DATE: JUNE 3, 1994
This is a resolution assessing costs for abatement action
required to remove nuisances on four properties located within
the City. The resolution sets forth the actual costs incurred
and provides the mechanism to attach liens on these properties in
the event the assessments remain unpaid.
Recommend approval of Resolution No. 44-94 assessing costs for
abating nuisances on four properties located within the City.
.
.
_.-----._-- -.._------ ----
RESOLUTION NO. 44-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACli, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10 ) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner ( s ) failed and/or neglected to abate such, nuisance (s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
.
~ "~ --"---- . - -------. ..- _.-
---------u_----.WHEREAS-;--tlie-Ci tyof--rJelray Bea~----tliFough the Cl ty Adm~n~srra---
tion or such agents or contractors hired by the City Administration was I
therefore required to and did enter upon the land (s) described in the i
list attached and made a part hereof and incurred costs in abating the
subject nuisarice(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has, I
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the :
cost of said nuisance(s) against said property owner(s), !
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown i
by the report of the City Manager of the City of Delray Beach, involving :
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Li~n shall be mailed,
along with the Notice of Assessment and this resolution.
- 2 - Res. No. 44-94
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....~_..'~-~.__._-_._--_...-.,_.._-_._--_._---_. That this'resolutIonshilr-become effective tfiTrty~-'
Section 4.
(30) days from the 'date of adoption and the assessment(s) contained.
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8 ) percent per annum plus, if collection proceedings are:
necessary, the costs of such proceedings including a reasonable :
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1994.
MAY 0 R
ATTEST:
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City Clerk I
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- 3 - Res. No. 44-94
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 16, BLOCK 35, TOWN GRACE BARNETT $ 52.50
OF DELRAY, PLAT BOOK 1, 1401 39TH STREET 70.00 (ADM. COST)
PAGE 3, PUBLIC RECORDS WEST PALM BEACH, FL (RECORDING)
OF PALM BEACH COUNTY, 33407-3631
FL
(309 NW 1ST STREET)
LOTS 7 & 8, BLOCK 36, WILLIE M. RICHARDSON $ 57.50
TOWN OF DELRAY, 34 NW 3RD AVENUE 70.00 (ADM. COST)
PLAT BOOK 5, PAGE 38, P.O. BOX 2363 (RECORDING)
PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444
BEACH COUNTY, FL
(34 N,W 3RD AVENUE)
TH PT OF ELY 77.41' COMMUNITY LAND CORP. $ 67.50
OF N 100 FT OF S 125' P. O. BOX 50001 70.00 (ADM. COST)
OF W 1/4 OF LT 5 LYG LIGHTHOUSE POINT, FL (RECORDING)
ELY OF I-95 R/W, SUB. 33074-0001
OF 17-46-43, PLAT
BOOK 1, PAGE 3, PUBLIC
RECORDS OF PALM BEACH
COUNTY, FL
(SW 15TH AVENUE)
LOT 39, DELRAY BEACH GERALD J. SOLOMON $146.50
ESTATES, PLAT BOOK 21, 17096 NORTHWAY CIRCLE 70.00 (ADM. COST)
PAGE 31, PUBLIC RECORDS BOCA RATON, FL 33496-5907 (RECORDING)
OF PALM BEACH COUNTY,
FL
(2345 N. FEDERAL HWY.)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE.
- 4 -
Res. No. 44-94
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {;"7/1, /
SUBJECT: AGENDA ITEM i ?b - MEETING OF JUNE 7. 1994
FINAL PAYMENT/MICHAEL B. SCHORAH & ASSOCIATES. INC.
DATE: JUNE 3, 1994
This is before the Commission to approve final payment in the
amount of $905.25 to Michael B. Schorah & Associates for design
of pavement, drainage, and water and sewer upgrades of several
streets in the beach area as part of the Roadway Reconstruction
Plan.
The funding source for the project design is Water & Sewer
Renewal & Replacement - Manhole Rehabilitation (Account No.
442-5178-536-61.84). A balance of $8.25 will be liquidated to
close out Service Authorization No. 2.
Recommend approval of final payment in the amount of $905.25 to
Michael B. Schorah & Associates.
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Agenda Item No.: ~::[)
AGENDA REOUEST
Date: Mav 16. 1994
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: June 7. 1994
Description of item (who, what, where, how much): staff reauests approval of
final oavment to Michael B. Schorah and Associates. Inc. for the desian of the
Roadwav Reconstruction Plan. Pro;ect No. 92-002 in the amount of S 905.25.
Total desian cost allocated for this oro;ect was S 46.894.50 of which
S 45.981.00 was oreviouslv oaid. The oro;ect desian consisted of oavment.
drainaae. water and sewer uoarades of several streets in the Beach area of the tfII /s - r<4 r
Citv. The fundina source for the oro;ect desian is Deease of EAcellence Account
No. A balance of 8.25 will be li idated from
P.O. 507531 to closeout Service Authorization 2.
ft 2 - 517 ~ --E;3(' . 0(-fSJ; YES/NO DRAFT ATTACHED YES/NO
ORDINANCE/RESOLUTION REQUIRE :
Staff recommends final payment to Michael B. Schorah and
in the amount of S 905.25 to close out Pro;ect No. 92-002.
46 886.25.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives
Account No. & Descr'ption
Account Balance i VI OC
City Manager Review:
Approved for agenda: (!jJNO t7/)
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
KB9206AG.KT
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- SUITE 101
- III 1850 FOREST HILL BLVD.
WEST PALM BEACH
- MICHAEL B. SCHORAH & ASSOCIATES, INC. FLORIDA 33406
TELEPHONE (407) 968-G080
TO: r .., DATE: May 25, 1993
CITY OF DELRAY BEACH
434 S. Swinton Avenue
Delray Beach, FL 33444 TERMS:
L .J JOB NO.:S92-713
INVQICE
City of Delray Beach Date: May 25, 1993
Project No. 92-002 (City) Client Ref. No. 225
Purchase Order No. 507531 Invoice No. 10
Task Order No. Task III
Description of services under Task Order III - Permits & Approvals
Performed ending April 30, 1993
Engineer II 4.5 hours @ $64.50/hr . . . . . . . . $290.25
Engineer I 2.0 hours @ $45.00/hr . . . . . . . . $ 90.00
Secretarial 2.0 hours @ $30.00/hr . . . . . . . . $ 60.00
Amount of Task III . . . . . . . . . . . . . . . . . . $440.25
Reimbursable Expenses
Mylar Copies 1 each @ $9.00 . . . . . . . . . . . $ 9.00
Prints .304 each @ $1.50 . . . . . . . . . . . $456.00
,t'( -..
Amount of ReimbUrsable E penses . . . . . . . .V SEA 61~ 00
· CITY OF DELRA' .' ~ ...-- --
ENVIRONMENTAL SERVICES DEPARTMENT /fi\
PAYMENT R~VIEW e~
o APPROVED o PARTIAL PAYMENT
[J NOT APPROVED [J FINAL PA'iMENT
50T:S3(
P.O.#' Wp~
BUDGET ACCT.~ .2ZtG-$/~.2. -pp /- ~ I ~
B)'! (SIGNATURE)
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Total Amount Of This Inv ~ "TI!~_ .
-.-- - - ~........--......-
1rM ENGINEERS · PLANNERS · DEVELOPMENT CONSULTANTS N~ Sa42
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {1'J
SUBJECT: AGENDA ITEM i ~ - MEETING OF JUNE 7. 1994
FINAL PAYMENT/PALM BEACH COUNTY
DATE: JUNE 3, 1994
This is before the Commission to approve final payment to Palm
Beach County in the amount of $26,274.55 for the City's share of
costs involved with construction of a potable water main
interconnect on Linton Boulevard, west of Military Trail. This
payment is in accordance with an Interlocal Agreement between the
City and Palm Beach County. Construction is complete and the
facility is operational.
Funding is available from Water and Sewer Capital Outlay
Interconnect Boca/PBC (Account No. 441-5161-536-64.01).
Recommend approval of final payment to Palm Beach County in the
amount of $26,274.55
Agenda Item No. ~~
AGENDA REOUEST
Date: OS/23/94
Request to be placed on:
XX Regular Agenda
special Agenda
Workshop Agenda When: 06/07/94
Description of item (who, what, where, how much): Staff requests
Commission Approval of final payment to Palm Beach County in the amount
of $26,274.55 for the City's share of costs involved with construction of
a potable water main interconnect on Linton Blvd. west of Military Trail.
This payment is in accordance with an interlocal agreement between the
City and the County for construction of the interconnect, City PN
90-004. construction is complete and the facility is operational.
Payment will be made under P.O. #521327 from account #441-5161-536-64.01,
Capital outlay, W&S Interconnect Boca/PBC.
ORDINANCE/RESOLUTION REQUIRED: 1~~/NO DRAFT ATTACHED 1~~/NO
Recommendation: Staff recommends approval of payment to Palm Beach
County for Linton Blvd. water interconnect. ~
DEPARTMENT HEAD SIGNATURE: lv4'd L:)p_....~ 5/Lr/~r
Determination of consistency with comprehensive Plan:
City Attorney RevieW/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of
funds) : ~
Funding availabl :YESNO
Funding alternati ...., (if ,6PPliCable)
Account No. & DeWiPtion, tt41- 51" (-.5:% . ~f yJ/~ CAPITAL - I NT El2..a>/JIJECt
Account Balance 1'Z-7~. .
City Manager Review:
Approved for agenda: ~~/NO rJ--/l
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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MEMORANDUM
TO: David T. Harden
City Manager q;%
FROM: Richard C. Hasko
Deputy Director of Public utilities
SUBJECT: PALM BEACH COUNTY WATER MAIN
INTERCONNECT; PN 90-004
DATE: May 23, 1994
Attached is an agenda request and a copy of a request for
payment from Palm Beach County in the amount of $26,274.55
for the City's share of the construction cost of a potable
water system interconnect on Linton Blvd. west of Military
Trail. This request is in accordance with an interlocal
agreement with the County for construction of this facility
and is funded from account #441-5161-536-64.01, capital
Outlay, W&S Interconnect Boca/PBC under P.O. #521327. All
construction has been completed and the facility is
currently operational.
RCH: jem
c: William H. Greenwood, Director of Env. Svcs.
90-004 D
f: T/F City Manager
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Board of County Commissioners County Administrator
M~ry McCarty, Chair Robert Weisman
Ken L. Foster, Vice Chairman
Karen T. Marcus Water Utilities Department
Carol A. Roberts
Warren H. Newell
Burt Aaronson '
Maude Ford Lee
May 15, 1994
r. o...d?u 7"'(,7
.4-cJ', tf..- 4'( ( - ;-; b /-$ "; f, - \, <(,1) !
Mr. Richard C. Hasko, P.E.
Director of Public Utilities
City of Delray Beach
434 South Swinton A venue
Delray Beach, Florida 33444
INVOICE
PAYMENT DUE UPON RECEIPT
City of Delray Beach portion of the Emergency * $26,274.55
Water Main Interconnect
WUD Project #: 88-11
Account #: 511-L52-2520-5120
* Copies of the contract agreement, cost breakdown and bid tabulation are attached for
your convenience.
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Dana M. Moss, Sr., Assistant Director
Finance and Administration
DMM:KLF(lI;'
Attachments
cc: C. Lawton McCall
Kasem Y odbut
"An Equal Opportunity. Affirmative Action Employer"
@ printed on recycled paper Box 16097 West Palm Beach, Florida 33416.6097 (407) 641-3490 FAX: (407) 641-3492
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CITY OF DELRAY BEACH
EMERGENCY WATER MAIN IN~ERCONNECT
PROJECT NO. WUD 88-11
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Description units unit Price . Amount
8" DIP Class 52 58 L.F. $ 19.60 $ 1,136.80
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F.H. Assembly ). Ea. . " 2 ,'160.00 2,160.00
8" G. V. .w/box 2 Ea. 830.00 1,"960.00
. 8" G. V. W /0 box 1 Ea. 1,070.00 1,'070.00
12" X 8" T.S. & V 1 Ea. 980.00 980.00
Fittings 1,125 Lbs. 3.50 3,937.50
Trench Safety 58 L.F. 0.50 29.00
Sampling Point 1. Ea. 420.00 420.00
Sod' 37.5 S.Y. 1.10 41.25
Concrete Meter Vault 1 Ea. 5,530.00 5,530.00
w/Appurtenances
Turbo Meter w/Strainer 1.Ea. 9,060.00 9,060~00
$26,024.55
1/2 of Permit Fee (H.R.S.) 450.00. I.
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$26,274.55
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ATTACHMENT "B"
PROJECT NAME: LINTON BOOLEVARD FRlJI JOG ROAD TO MILITARY TRAIL PROJECT , 88560B
JOG ROAD FROM LINTON BOOlEVARD TO ATlANTIC AVENUE # 89513
:
BID OPENING DATE: MARCH 23, 1993
PALM BEACH COUNTY YATER UTILITIES
ITEM QUANTITY /UNITS UNIT PRICe TOTAL \.
=====S=.=..=======...~2===S=.=.......=K.=.==..=..===.................:................=.......=::::=
CONTINGENCY ITEMS
100 INLET (CURB)(TYPE P-1)(CONFLICT) 2EA $2,590.00
20 INLET (CURB)(TYPE P-1) 2 EA $2,450.00
...............
DIFFERENCE BET~EN ITEM # 100 AND ITEM # 20 2 EA $140.00 $280.00
101 INLET (CURB}(TYPE P-2)(CONFLICT) 1 EA $2,590.00
21 INLETS (CURB)(TYPE P-2) lEA $2,510.00
..-............
1 EA $80.00 $80.00
104 SUPPORT 811 ~ATER MAIN 150 LF $31.40 $4,710.00
105 ADJUST VALVE BOXES TO GRADE 44 LF $295.00 $12,980.00
106 ADJUST SANAITARY MANHOLE FRAME & COVER ' 2EA $610.00 $1,220.00
107 ADJUST AIR RELEASE VALVE 2EA $485.00 $970.00
108 MANHOLE (P-7T)(CONFLICT) 2EA $2,230.00 $4,460.00
109 MANHOLE (J-7T)(CONFLICT) 1 EA $2,m.00 $2,770.00
, ..............
'$27,470.00/
P.B.C. WATER UTILITIES DEPARTMENT ITEMS (LINTON BOOLEVARD)
134 1211 D.I.P. \lATER MAIN 75 Lf $41.70 $3,127.50
135 10" D.I.P. \lATER MAIN 65 Lf $36.70 $2,385.50 M("t<.'t--
136 8" D.I.P ~ATER MAIN 380 Lf _ $12.60 $7."8.00
137 CONNECT TO EXISTING 10" \lATER MAIN 2EA $980.00 $1,960.00
138 CONNECT TO EXISTING 8" ~ATER MAIN 3EA $980.00 $2,940.0h~l
139 D. I.P. FITTINGS 3,150.00 LB - $3.50 ~O~~O- rtL~(
140 12" BUTTERFLY VALVE \I1TH BOX 1 EA' I $1,200.00 ,21 . 0
141 1011 GATE VALVE ~ITH BOX 3 EA $1,100.00 ",300.00 ~
142 8" GATE VALVE \lITH BOX 10 EA :t~~!!
143 8" GATE VAVLE ~ITHOUT BOX 1 EA -
144 12"xall TAPPING SLEEVE & VALVE ~ITHOOT BOX 1 EA ~~~!! ,~ ~~
145 FIRE HYDRANT ASSEMBLY 1 EA ,
146 811 AERIAL CANAL CROSSING (LWD E-3 CANAL) 'i 1 LS $32,100.00 ' .$~.100.00-
147 REMOVE EXISTING PIPING & PILING 1 LS $6,940.00 ,940.00 l
148 SAMPLING POINT . 1 6 EA ('~
149 CONCRETE METER VALUTS \l/APPURTENANCES 2 EA
150 TURBO METER Y/STRAINER 1. 2 EA
151 TRENCH SAFETY (PBC ~ATER MAINS) 520 LF
152 SODDING 75 SY
153 8" ~ATER MAIN TEMPORARY BY-PASSING AT E-3 CANAL 1 - , LS -
154 PERMIT FOR a" \lATER MAIN TEMPORARY BY-PASS' . 1 LS
155 RECORD DBA\lINGS , LS
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TOTAL AMOUNT FOR LINTON BLVD $130,663.50 -
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P.B.C. YATER UTILITIES DEPARTMENT ITEMS (JOG ROAD)
163 6" D.I.P. \lATER MAIN 12 IF $32.00 $384.00
164 all D.I.P. YATER MAIN- 75 LF $30.00 $2,250.00
165 12" D.I.P. \lATER MAIN 196 LF $35.00 ,~ $6,~o..oP
166 16" D.I.P. WATER MAIN 202 LF $57.00 ' ", "H.~~-.
167 D.I.P. FITTINGS 6 TN $1,660.00 $9,960.00
168 12" BUTTERFLY VALVE 2 EA $1,600.00 $3,200.00
169 16" BUTTERFLY VALVE lEA $2,430.00 $2,430.00
170 LOYER 16" ~ATER MAIN IN PLACE 300 LF $11.80 $3,540.00
171 EXTRA BASE OVER SHALLeY ~ATER MAIN 462 LF $6.00 $2,m.00
172 ADJUST AIR RELEASE VAULT TOP 1 LS $735.00 $735 .00
173 8" D.I.P. FORCE MAIN 23 LF $77 .00 _..S1, 771. 00
174 '10" D. I .P. FORCE MAIN ' 135 LF $158.00 '-=~~O,~lb.
175 12" D.I.P. FORCE MAIN 2 LF $620.00 , O. 0
176 16" D.I.P. FORCE MAIN 129 LF $73.00 $9,417.00
177 D.I.P. FITTINGS 4.5 TN $650.00 $2,925.00
178 AIR RELEASE VALVE & VAULT 5 EA $1,760.00 SS,800.00
179 24" STEEL CASING 10 LF $70.00 $700.00
180 EXTRA BASE OVER SHALLOW FORCE MAIN 15 LF $12.00 $180.00
181 ADJUST AIR RELEASE VAULT TOP 1 LS $735.00 $735.00
182 20" STEEL CASING 10 Lf $70.00 . $700.00
183 SUPPORT 8" FORce MAIN 500 LF $25.50 $12,750.00
.....fI........
TOTAL AMOUNT FOR JOG ROAD $104,193.00 Y
TOTAL AMOUNT $262,326.50
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R90 758D
AGREEMENT
This Agreement is made and entered into this
day of MAY 8 1990 , ~_, between the City of Delray Beach
(hereinafter referred to as "City") and Palm Beach County, a
political subdivision of the State of Florida (hereinafter
referred to as "County") to wit:
WHEREAS, the City and County desire to provide for
emergency water needs for their respective water supply systems;
and
WHEREAS, the City and County, as neighboring local
governments with existing facilities capable of furnishing
limited potable water supply to each other, agree to enter into
this agreement outlining the terms upon which each will furnish
water to the other in times of emergency; and
WHEREAS, it is deemed in the best interests of both
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the City and the County to make this provision for emerge!1cy
water supply to insure that there is a supply of potable water to '
meet an emergency that might arise;
NOW, THEREFORE, in consideration of the premises and
other good and valuable consideration, it is agreed:
1. Subject to the terms of this Agreement, the, County agrees to
supply to the City potable water from the surplus of water
available to the County produced by its water system over and
above the needs and demands of the County and the customers of
its water service area.
2. Subject to the terms of this Agreement, The City agrees to
supply to the County potable water from the surplus of water
available to the' City produced by its water system over and above I
the needs and demands of the City and the customers of its wat~r '
service area.
3. Water shall be supplied through an interconnection to be
constructed at Linton Boulevard west of Military Trail in Palm
Beach County, as shown in Exhibit A attached hereto. The design
of the interconnection shall be approved for the County by the
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Director of the Water Utilities Department and for the City by
the City Manager. The City shall bear all costs of constructing
the pipeline from its existing system to the point 0:
interconnection. The County shall bear all costs of construct~ng
the pipeline from its existing system to the point of
interconnection. The City and the COl.mty shall bear i:1 eqc:al
measure the cost of constructing the interconnect, including
required vault, meters, valves and appurtenances.
4. Charges for metered water use through the interconnection
shall be at the prevailing commodity rate in effect for
residential customers at the time of furnishing the water with no
capacity or fixed charges. The County commodity rate in ef:ect
as of November 1, 1989, is $.60/thousand gallons. The City
commodity rate in effect as of November 1, 1989 is $ .53 Either
rate is subject to change based on legal authority of the
appropriate governing body. When water is utilized, the meter or
meters shall be read concurrently by the City and the County on
approximately the first of each month. Payment by the user to
the supplier for water consumed shall be within thirty (30) days
after furnishing of monthly bills.
5. No supply of water shall be provided except in case of an
emergency and upon the following terms and conditions to be I
determined by the supplying party:
a. There must be a sufficient surplus of potable water
available to meet all the anticipated needs of the supp:y~ng
party.
b. The supplying party may limit the amount of water t:J be
supplied.
c. The supplying party may limit the hours or days of supply.
d. The supplying party may require the receiving party to
,
impose use restrictions on its customers as prescribed by the
supplying party.
e. The supplying party may place an automatic expiration date
upon the emergency supply period which may be extended only by I
:i the City Manager for the City and the Director of Water ~tilities
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for the County.
6. This Agreement shall remain in full force and effect until
terminated upon sixty (60) days written notice by either party to
the other at its sole discretion.
7. Each party shall be responsible for its own negligence in
connection with arising out of or incident to, the performance of
this Agreement.
B. It is understood that either party shall have the right to
institute and prosecute any proceeding at law or in equity
against the other party for violating any covenant or covenants
contained in this Agreement. Proceedings may be initiated
against the violating party, its heirs, legal representatives or
assigns, for a restraining injunction and also for damages. The
prevailing party shall be entitled to recover all costs incurred,
including reasonable attorney's fees. In no case shall a waiver
by either party of the right to seek relief under this provision
constitute a waiver of any other or further violation.
9. It is understood and agreed by and between the two parties
that if any condition or provision contained in this Agreement is
held to be invalid by any court of competent jurisidction, such
invalidity shall not affect any other condition or provision
herein contained, however, that the invalidity of any such
condition or provision does not materially prejudice either party
in its respective rights and obligations contained in the
remaining valid conditions or provisions of this Agreement.
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R90 7580
10. No waiver of any breach of this Agreement shall be held to
be a waiver of any other or subsequent breach.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement on the respective dates under each
signature.
FLORIDA, BY ITS
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By: c. ~~
~an MAY 8 1990
LEGAL APPROVED AS TO FORM AND LEGAL
By: sUFyr~rENCY FOR C~~
By: ~A-.,__
~City Attorney
APPROVED AS TO TECHNICAL APPROVED AS TO TECHNICAL
SUFFICIENCY FOR COUNTY SUFFIC~EN:Y FOR~TY
By: ~r4u- JJ
By: ~;fp-. & .--
Will~am H. Greenwood
Water Utilities Department Director of Public Utilities
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SC
SC
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LOCATION MAP
EXHIBIT "A"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~/(
SUBJECT: AGENDA ITEM i 9F - MEETING OF JUNE 7. 1994
ACCEPTANCE OF RIGHT-OF-WAY DEED AND TWO EASEMENT DEEDS/
RABBIT HOLLOWE SUBDIVISION
DATE: JUNE 3, 1994
This is before the Commission to accept right-of-way deed and two
(2) easement deeds associated with the Rabbit Hollowe Subdivi-
sion.
Prior to the City entering into agreement with the Homeowners'
Association to accept a private street within the subdivision as
a public street, several things needed to be donej physical
repairs to the street, preparation of deeds for the street and
easements in favor of the City.
Repairs have been completed, and the agreement and deeds are
hereby submitted and approved as to form by the City Attorney's
office.
Recommend acceptance of the right-of-way deed and the easement
deeds associated with the Rabbit Hollowe Subdivision.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CITY MANAGER
THRU:
FROM:
SUBJECT: MEETING OF JUNE 7, 1994
ACCEPTANCE OF VARIOUS DEEDS **CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
acceptance of a right-of-way deed and two (2) easement
deeds associated with the Rabbit Hollowe Subdivision.
Rabbit Hollowe is located west of Congress Avenue, between
Germantown Road and Lake Worth Drainage District's L-37
Canal.
B A C K G R 0 U N D:
The Rabbit Hollowe Homeowner's Association contacted the
Planning and Zoning Department in February, 1992, asking the
City to accept their private street as a public street, and to
assume the related maintenance responsibilities.
After the City inspected the street, the Association was
notified that prior to the City's acceptance of the street, a
deed would need to be prepared which dedicates the street to the
City. In addition, the association was notified that deeds
would be needed for existing drainage easements and for a
required drainage easement through the existing lake area.
All deeds would be in favor of the City.
The deeds have been properly prepared and have been approved as
to form by the City Attorney's Office.
PLANNING AND ZONING BOARD CONSIDERATION:
No Planning and Zoning Board consideration is required for the
acceptance of deeds.
City Commission Documentation
Acceptance of Deeds - Rabbit Hollowe
Page 2
R E COM MEN D E D ACT ION:
By motion, accept the right-of-way deed and the easement deeds
associated with the Rabbit Hollowe Subdivision.
Attachment:
* Location Map & Copy of Deeds
T:RABDEEDS.DOC
..
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.
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'IHlS IKENIrnE, ltt'd:! this _ <By d , 19-, q. ad 1:etloa31
, puties cL t'1e first (Brt, ad t'1e CTIY CF IE.RAY ~, a fla:icla
mniclpil axp:xatim in Palm B:u::h 0:lI1ty, State d F1crlcla, puty c:L t'1e !BXJl:J ~:
~: 'Itat t:I'E ptrtU:s d t'1e filst plrt, fer ad m ~ d tm sun d 'lB1
($10.00) D:ll.lars aD d:l'Er g:rd aD val1Bb1e anrld:ratkrs to it in h:n:J prld bj tle said puty d tl'e
sa:rn::l (Brt, tl'e ra:eip;. c:L 'rohich is ~ a:jqY't.rl~, dEs lEm:7i gr<Ilt, lmgain, ml1 en:! relalse
Ulto tl'e IBrtY of tl'e seo:m put, ).,ts ~. . -'-- 0::::; ad ~, a rigE d \BY ad p:q:eI:1Bl EB9SI'B'Jt fer
tl'e p.lqXl3e d: with full ad free ~, U1:Erty, ad CJ.1t1xrlty to E!'ltet' \4Dl an:!
to install, q:erate, aD naintain su:h U"d3:, ar:::nss, t:hro1,t1 ad l\XIl, CNeJ:, U"d3: cr
within tl'e folladtg d:s::ril:al p:q:erty la:Bted in Rl1III 8B:h 0:u1ty, Flcricla, to-witl
rES:RIPI1l:N
The West 20 feet of the east 150 feet of tract "A" (LAKE PARCEL)
Rabblt Hollowe, accordlng to the Plat thereof on flle ln the
offlce of the Clerk of the Clrcult Court ln and for Palm Beach
County, Florlda, recorded ln Plat book 52, Page 86.
Ctn:Dtdtcl1t ad CXEXl:msiw with this rig-c is tl'e ~ rigt; in tm puty d tl'e s:o:n:I
put, its "".. PI-_.. S ad as<nglS, d irgress cn:f Egn!5S a.u- cn:f m ttat p:rtim d lal:i d3B::r1l:m
alDI.e, to effect tl'e PJtl:X:B=S cL tiE 93mIB1t.
'ltat this EIlSBlB1t s-au 1:e s..t>ject ally to t:rnee" 1t:Sd::., n:stdcticns, cirl n:servaticns d
m::zxd. 'DBt t:I'E plrties d tl'e filst put agree to 1Xt"id:! fer tl'e ~ d aJy ad allll&....~ cr
llals en:mter:in;J this EBS9:lB1t. 'Ita plrt.ies d t'1e first plrt a]g) agree to a-a::t rD b1i1dirg cr
effect CI1}' c:trer kiIrl c:L a:nstru:tim cr ~ lpJ1 tiE ~ (Xq8'ty.
Parties d tte first plrt d::l ~ fully W!rIirt tl'e title to said lal:i cn:f will cEfe"d tiE
&'lie ag:Unst tte lawful c1alns d all (:er.D'lS ~ c:1.ainaj q., t:hrc:ujl er \I'd:![' it, tJ-at it tas
g:rd rigd: en:! lawful CIlII:iai ty to grant tl'e a!:J:1..e d2s:::ril:a:l EBS9:lB1t / am ttat tl'e s:m! is
1.I'S'D.I'lt:e:. *ere tl'e CO'1text. d this Ea93ra1t D:e:I al.lo.s cr t:amits, th! sate !hill ircluE tl'e
"" . . ~- .:::; cr assiglS d tte puties.
IN Wl'INE$ WiEREl:F, tiE plrties to this E!9:m!1t Ia1:i mt tteir hnS aip EHlls tl'e <By ani
}eI" first alDI.e writtSl. r
0;
Wl'INESSES: . JMrnS CF 'IlE FI1m' mRr ;
iv ~'1~ ~ Pmid,.t P~t" C. Coli... ,
,.. L,H~ V'.Ji;X(J'~ fAI/JAJVD.. k
(rate ptinta:1 t)p! writtal) (ratf! I%'inta1 cr t:yp!mttm) ,
2315 Rabblt Hollowe Clrcle
Delray Beach. Florlda 33445
(ad:!ress )
. .. ~ ~ '1, ~ Vi<< P~..id.nt J..... Bailn,
ifJ I L cf, h tt "'" ><1_1
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, (rate ptinta:1 or tfl:e writtSl) -l- UA !J-U4A,R,.J
t 2300 ~bblt Hollowe Clrcle
sm1E CF (Iurd tL Delray Beach, Florida 33445
Cll.NlY CF Ptll m /jfC.cI,
'!7J. forep~ inst.rtna:lt . ws_ ~ t:efcze lie this~y d m~/ . 19~
ty ~h t' " (IM/urll. .J runtS- F P.l<r{JW of p!['9:n a::lQ'o"~), ..to is pzrs::mlly to ~cr res
p;tW:B:l driver; Jj("off1Se (t)p! d icB1tifialtiOl) as id:ntifia3tim a-d..to did (did rot) take en
cath.
.-rtt1f"wd-~ ~.;( ~~
Title cc Park S1.g-eture R:!r.nl 'raI<:in;I l.e1.;Jralt
C.h fvyl L. J-f tA .e Lf
Sarlall'WtTilr r~~frIt r.,'''" (:"1, of F1~,'~ tUre ct '~led;ler 'I}'p:d, wirll:.cd ex Stmplld A j
'="j' (r.:~lp.~"" r ,.:. .., Cul~ n. .~~ ~ 'v
&"d.cThruT,"',':. ll'''''~'. ,le
/yo.oo' /90.00'
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E:ASEMENT DESCRIPTION:
rHE WEST 20 FEET OF THE EAST 150 FEET OF TRACT "A"(LAKE PARCEL),
lABBIT HOLLOWE, ACCORDlNG TO THE PLAT THEREOF ON FILE IN THE
lFFICE OF THE CLERK OF THE CmCUIT COURT IN AND FOR PALM BEACH
:::OUNTY, FLORIDA, RECORDED IN PLAT BOOK 52, PAGE 86.
SKETCH OF EASEMENT
TIDS IS NOT A SURVEY
'HIS INSTRUMENT PREPARED B~J~ vtI
UCHAEL J. MlLLER, P.L.S. #4034 "/
'0 / IIEFlIlEPtCES
J MILLER LAND SURVEYING
JOB NO
94- C)07-27
P.O. BOX 3646 407-586-2669
'/?.;:t:: LANTANA, FLORIDA 33465 S. /75~
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'!HIS nmntRE, It9:E this _ my c:L , 19--, I:f em teboan
, plrtiES d tte fir.;t pIrt, en! tte crIY CF tElRAY IDOl, a F1c:r:icb
rn.niciIBl axp::rati01 in Palm B:a:h 0:u1ty, state c:L F1cridt, ~ c:L tte sn:rrl iBrt:
Wl'll'6SE:IH: 'Itat tte plrties d tte fir.;t J:Brt, fer en! in a:rsickatkn d tte QlI\ of 'IBl
($10.00) D:lllars en! c:.t.ter g:xxI en! WllDbIe a:rsicB'at1a-s to it in hrn prld J:::f th! mid p1rty d tle
s:D:IJ:l ~, th! m:eip:. of ...tUch is teI:Wf adm::Jod.ed;J3j. d:es h:!m:y grant, l:mgUn, sill ard rel.ea9!
U1to tre p!rty of tre sn:n:l J:Brt,).,ts ~.....,......",,,. en! assigls, a rl~ cL l1BY en! p:qet1Bl EB9alB1t; fer
tre p.lrIX:S:! of: with full en! me~, librty, en! aLltlIrlty to mta: qxn em
to install, q:erate, ard ll8intain su::h Il"det", a::ttm, thrcujl en! \tDl, CM!I:', Il"det" er
within tre fol.l.cwirg d:s:::ril:m ~ la::Bte::I in PaIm Blad1 Q:mty, Flaida, to-wit;
r:E9:JUPIlCN
'1
'tJhe 12 Ft. & 20 Ft. Drainage Easements as
(j depicted on the Plat of Rabbit Hollowe, as
recorded in Plat' Book 52 Pages 86 & 87 of
the Public Records of Palm Beach County, Florida.
O:m:rni.tant am a:extEnrlw with this rlt:jl;. is th! f\Jrt.ta:" rig1t; in th! p3rty c:L t:te SDnI
~, its "'.. -- . s am assigs, c:L irgI:"e:$ ard e;;n::ss o.e: crd 01 ttat p:rtiat cL .laD d3e::ril:.ai
al:rM!, to effe::.t tte p.1tp:B9S cL t:te EB931B1l;.
'ltat this EBSBIBIt stall t:e abje::.t Olly Ix> th:m ~'I:2IL:., restrlcUas, en! reserwt1a-s c:L
m::ctd. 'D'Bt. tte I=BrtiES cL t:te fir.;t plrt agree to p:o:.rich fer t:te rela!se c1 aJY em all 11l::.:~ er
1ims en::urteri.rg this EB93!B1l:. 'Ite p!rties cL tte first p!rt also agree to em:!; ro b.rlldirg er
effe::.t any CIt.ter kin:1 c:L an;t;ru:ti01 er ~ qxn th! ~ ~.
PartiES cL tte first plrt dJ tere:,y fully Ioa[tcQ; tte title to said lar1:l am will cEfarl t:te
s:Ile a;Jllnst. fre laWfu1. clains c:L all ~ ~~ daina::I I:f, tl'1rt:uJt er ud:!r it, th3t it tBs
g:xxI rlg,t am lawful auth::ri ty to gr<I1t tte a.h:1.~ c:Es::rll:OO f!B93T'frt. Ire ard tl'Bt tTe SJTe is
uaont::ete:l. w-ere fre artext cL this EEerEnt Im:J al..lo.s er t:eJnits, sare stB.U in:1\.tE t:te
S1~ er assigs of tre pirtle;.
IN Wl'INESS ffiERHF, t:te putiES Ix> this fa9r.a1t; 1m:J!:et treir tarrl; cil1 s:als t:te d3y am
yesr fin;!; alxM! written. I
>;
~, F/cj~ FMrn5 <F 'IJE FIRSl' FMI' !
" President Peter C. Collura
Cj;f;; ~ I L. '1 < 'I ,. e~ p f ~ I fJAP.A~~
(l"Ble ~ a: typ! wrlttm) l"Ble Irinta! a: me 'tlrlttal)
2315 Rabbit Hollowe Circle
Delray Beach, Florida 33445
O':tcA~4 (ad:m2ss )
Vice President James Bailey
(IBre ~ er tyr.e ...rlttal) ,
, (]I1PYLfl L.!h"oU/ rti:::~ -)- .{}-z.. .~ L)~ ;J;Ut-ltG~/-
(rare p:i.nte:j"" or t}'IE writtat)
Fi b or ; "I 0.- 2300 Ra~bit Hollowe Circle ~
SI1\1E <F Delray Beach, Florida 33445
a:unY (F fb I rn I6.f'Qc"
ne fare;pfrg instrura1t;~~<d<ro.1.e:g:rl t:efcxe rre this 6fhmy of f'lltt'J , 19 qll,
q- Pdrr ('dl/tl.r~ J/"iji/{'J F"'~ bf ~ ~~), 10m is ~y IIron to rre/a: !-as
~ J)firlers l-/c:mS:f.(typa of icb1tificati01) as icb1tificatiO'l en:!..ro did (did rot) tal<e at
ceth.
~ic (J~t;f:;{ /g:;"
C/fi'drr) r
Title oc ~
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., (~:cion (;,,:~llS My 8. 1'9. CAfre!1 I- -f-lu-ey
",=.<1 J R .. 11:.... 1.o.....1IIIdtnc.
~~, if any rare of l<Y.r'o."l~ ~p:rl, Pri.nta1 a: ~
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RIGHT-OF-WAY DEED
THIS INDENTURE made this _____ day of ,
19_, between R4blSlt 'Htlllow Homeowners Association
as par~ of the first part and the CITY OF DELRAY BEACH,
COUNTY Or PALM BEACH, FLORIDA, as party of the second part,
WIT N E SSE T H :
That said party of the first part, for and in
consideration of the sum of One Dollar ($1.00) and other
valuable considerations paid, receipt of which is hereby
acknowledged, do___ hereby grant, remise, release, quit claim
and convey unto the party of the second part, its successors
and assigns, all right, title, interest, claim and demand which
the party ___ of the first part ha~in and to the
fOllowing-described land, situate, lying and being in the
County of Palm Beach, State of Florida, to-wit:
(0 RIGHT OF WAY DESCRIPTION
Rabbit Hollowe Drive and Rabbit Hollowe Circle
according to the plat of Rabbit Hollowe, a.
recorded in Plat Book 52 Pages 86 & 87 of the
Public Records of Palm Beach County, Florida.
THIS Deed is made for the purpose of giving and
granting to the party of the second part, its successors and
assigns, a right-of-way and easement in and to said lands for
public highway or street purposes; and is made, executed and
delivered with the express understanding and condition that
should the same ever be discontinued or abandoned as a public
highway or street, the title to same shall thereupon revert to
and revest in the part~___ of the first part or assigns.
That this right-of-way shall be subject only to those
easements, restrictions, and reservation of record. That the
party. 'of the first part agree to provide for the release of
any and all mortgages or liens encumbering this right-of-way.
I The party_ of the first part also agree to erect no building
or effect any other kind of construction or improvements upon
the above-described property.
Party _ of the first part does___ hereby fully
warrant the title to said land and will defend the same against
the lawful claims of all persons whomsoever claimed by, through
or under it, that it has good right and lawful authority to
f~" : I
.
.
grant the above-described right-of-way and that the same is
unencumbered. Where the context of this Right-of-Way Deed
allows or permits, the same shall include the successors or
assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and
singular the appurtenances thereto belonging or in anywise
incident or appertaining, and all the estate, right, title,
interest, and claim whatsoever of the said partY'L- of the
first part, in law or in equity to the only proper use, benefit,
and behoof of the said party of the second part, its successors
and assigns.
IN WITNESS WHEREOF, said party _ of the first part
ha~ hereunto set h'is hand and seal - the date
first above written.
and delivered PAR~OF THE FIRST PART
of:
Eres1dent (SEAL)
)~ f'r Peter C. Collura
(Name printed or typ (Name printed or typed) \
GIy{ (-:I '1 f &re:J P ~tJ~ J /)~&J,-l,r-
Address) , .
'(] A -I' Nfl [... . Iht'~ '+ 2315 Rabbit Hollowe Circle r
(Name print d or typed) Delray Beach, Florida' 33445
~ ~~'t
. , bc-z,.~J '/ Vice President (SEAL)
f ]t'rr/ L . Ii-I. ~ JameS"Ballev
(Name printed or typed) (Name printed or typed)
.
~/!~ tM-I-~ (/ ~ l'l.tl~C
ddress) /"
f!..e 1S.hr.t <lc 1!.1 f:E7?-/ ~7 2300 Rabbit Hollowe Circl
Delray Beach, Florida 33445
(Name printed or typed)
STATE OF floddv..-
COUNTY OF ;.{ / mat acA-
The foregoing instrument was acknowledged before me
this 51/,_ day of -YJ1a...y , l'l1'1 by 5 n- J'YI P'i
f Al/i/6.f tit rof r e P 0 l/u~A..- (name of person acknowledged),
,
who is personally known to me or has produced
'brivfrs L-it{'nCJ€.
2
.
(type of identification) as identification and who did (did
not) take an oath.
Signat~re f perso aking
ACknowled9ment
C h ~ I' '1 / L . /-Itt €-t-f
Name of Acknowledger Typed,
Printed or Stamped
;J;.,)11 CV1la~~
Title or Rank
t~~~~ r:. ~.::~ ~: "':~j t'f! ,"'-:'.,
~ (~_..:. :?~1 ~:':"-n J.s!'; t" p'U
t _, 1 -' . . -.' \ ~
Flodda SeriaTNumoer, if any
STATE OF
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me
this day of , by
(name of officer or agent,
title of officer or agent), of
(name of corporation acknowledging),
a (state or place of incorporation)
corporation, on behal f of the corporation. He/She is
personally known to me or has produced identification
(type of identification) as
identification and (did/did not) take an oath.
Signature of Person Taking
Acknowledgment
_.
Name of Acknowledger Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
Prepared by:
.
Jeffrey S. Kurtz, Esq, , City Attorney, City of Delray Beach,
Florida, 200 N.W. 1st Avenue, Delray Beach, FL 33444.
rightwd.agt
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfft1
SUBJECT: AGENDA ITEM i gG - MEETING OF JUNE 7. 1994
APPROVAL/ACCEPTANCE OF STREET MAINTENANCE AGREEMENT/
RABBIT HOLLOWE SUBDIVISION
DATE: JUNE 3, 1994
This is before the Commission to approve an agreement with Rabbit
Hollowe Homeowners' Association, Inc. to accept a private street
within the subdivision (Rabbit Hollowe Circle) as a public street
and assume the related maintenance responsibilities.
Rabbit Hollowe is located west of Congress Avenue between German-
town Road and the Lake Worth Drainage District's L-37 Canal. The
Association has been notified that several things needed to be
done prior to the City's acceptance of the street; physical
repairs to the street, preparation of deeds for the street and
easements in favor of the City.
Repairs have been completed, and the agreement and deeds have
been submitted and approved as to form by the City Attorney's
office.
Recommend approval of the agreement transferring maintenance of a
street within the Rabbit Hollowe Subdivision (Rabbit Hollowe
Circle) from the Homeowners' Association to the City.
.
Df(
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: (\~ID ~~ITY MANAGER
THRU: ~ DOMIN UEZ,
~ 'z~\~
FROM: STEVEN E. Tl&. R
PLANNER
SUBJECT: MEETING OF JUNE 7, 1994
ACCEPTANCE OF STREET MAINTENANCE AGREEMENT
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
acceptance of a street maintenance agreement associated
with the Rabbit Hollowe Subdivision.
Rabbit Hollowe is located west of Congress Avenue, between
Germantown Road and Lake Worth Drainage District's L-37
Canal.
B A C K G R 0 U N D:
In February, 1992, the Planning and Zoning Department received a
request from the Rabbi t Hollowe Homeowner's Association
asking the City to accept their private street as a public
street, and to assume the related maintenance responsibilities.
After an inspection was completed by the City, the Association
was notified of several items which would need to be completed
prior to the City's acceptance of the street. These items
included various physical repairs to the street, and the
preparation of deeds for the street and easements in favor of
the City.
The physical repairs have been completed and approved by the
Environmental Services Department. The agreement and deeds have
been submitted and approved as to form by the City Attorney's
Office.
PLANNING AND ZONING BOARD CONSIDERATION:
Planning and Zoning Board consideration is not required for this
item.
City Commission Documentation
Rabbit Hollowe - street Maintenance Agreement
Page 2
R E COM MEN D E D ACT ION:
By motion, accept Rabbit Hollowe Circle as a public street and
accept Rabbit Hollowe's street maintenance agreement.
Attachment:
* Location Map & Copy of Street Maintenance Agreement
T:RABHOLW.DOC
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AGREEMENT
THIS AGREEMENT is made and entered into this
day of , 1994, by and between RABBIT HOLLOWE
HOMEOWNERS' ASSOCIATION, INC. , a Florida corporation
not-for-profit, hereinafter referred to as "HOMEOWNERS," and
the CITY OF DELRAY BEACH, a Florida municipal corporation
hereinafter referred to as "DELRAY BEACH."
WIT N E SSE T H:
WHEREAS, the HOMEOWNERS own, maintain, and administer
the common areas of the subdivision known as RABBIT HOLLOWE,
according to the Plat thereof as recorded in Plat Book 52,
Pages 86 and 87 of the Public Records of Palm Beach County,
Florida hereinafter referred to as the "Plat," such common
areas being defined in the Declaration of Covenants and
Restrictions for RABBIT HOLLOWE as recorded in Official Record
Book 4784, Page 513, of the Public Records of Palm Beach
County, Florida; and
WHEREAS, the HOMEOWNERS have by the requisite vote
required by the above described Declaration of Covenants and
Restrictions affirmatively voted to convey the rights-of-way
for the private streets together with drainage easements as
depicted on the Plat to DELRAY BEACH as public road
rights-of-way and drainage easements respectively, and convey
an additional drainage easement across Tract A, so that DELRAY
BEACH will assume the obligation for the maintenance of the
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pavement, regulatory traffic signing and marking, maintenance
of drainage pipes and structures within the rights-Of-way, and
within the drainage easements, and maintenance of the curbing
and sidewalks within said rights-Of-way; and
WHEREAS, DELRAY BEACH is willing to accept such
conveyance as above described; and,
WHEREAS, HOMEOWNERS retain the maintenance
obligations for the landscaping within the median between the
entry/exit lying within the platted road rights-of-way just
south of Old Germantown Road and Tract A (lake area) and all
other maintenance obligations not expressly conferred on DELRAY
BEACH herein.
WHEREAS, the utility easements have already been
dedicated for public use pursuant to the plat. Nothing
contained herein modifies, alters or negates the City'S rights
to the publicly dedicated utility easements contained within
the plat.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS AND PROMISES HEREIN CONTAINED THE PARTIES HEREBY
AGREE AS FOLLOWS:
1- The recitations set forth above are hereby
incorporated as if fully set forth herein.
2. HOMEOWNERS hereby agree to convey to DELRAY
BEACH the rights-Of-way for roads and easements for drainage as
shown on the "Plat" as public rights-Of-way and drainage
easements respectively, and DELRAY BEACH hereby accepts such
conveyance subject to the respective obligations hereinafter
described.
2
3. In addition to drainage easements depicted on
the plat, the HOMEOWNERS hereby agree to covey a drainage
easement across Tract A, and further agrees that the easement
shall grant to DELRAY BEACH the right of access to maintain,
install, repair the aforesaid drainage structures within Tract
A.
4. HOMEOWNERS shall retain the obligation for the
maintenance of the landscaping within the median between the
entry/exit lying within the platted road rights-of-way just
south of Old Germantown Road and the obligation to maintain
Tract A (lake area).
5. DELRAY BEACH hereby accepts the obligations for
the maintenance of the pavement, regulatory traffic signing and
marking, maintenance of drainage pipes and structures within
the rights-of-way, including those drainage structures located
within drainage easements as depicted on the plat and those
drainage easements within Tract A, and, maintenance of the
curbing and sidewalks within said rightS-Of-way. DELRAY BEACH
does not accept any other maintenance obligation not expressly
conferred herein.
6. HOMEOWNERS expressly reserve all rights to the
subject properties and the subject rights-of-way. In the event
of abandonment by DELRAY BEACH of the subject rights-of-way as
public rights-of-way title to said rights-of-way shall revert
to HOMEOWNERS.
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7. The undersigned lot owners within the
Subdivision join into this Agreement pursuant to the Articles
of Incorporation of the Association.
WITNESSES: RABBIT HOLLOWE HOMEOWNERS
~11~ ASSOCIATION, INC
By: ~tfJ (J ~~ ,j/ MdA~1< l-
I ,
WITNESSES: ' CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
(SEAL) Approved as to form:
City Manager
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me, the undersigned Notary Public i~ -hnd for the
aforesaid County and State, personally appeared ~ ~r Co II if ".c~
, who are personally known to me or who produced
as identification, and who are known to
be the persons described in and who executed the foregoing
instrument, and who, by me being first duly sworn and
cautioned, deposed and acknowledged that they are the President
.aR~ ~~L.a..w:.A'" a 7 I respectively of RABBIT HOLLOWE HOMEOWNERS
ASSOCIATION, INC. , a Florida corporation, that they freely and
voluntarily executed said instrument in such capacity, on
behalf of said corporation, for the uses and purposes therein
expressed, and that such execution is the authorized act of
such corporation.
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SWORN TO, SUBSCRIBED AND ACKNOWLEDGED before me by said
officers this r;<lf-fL day of -n70 ' 1994.
(l~fL.; .
Notary bl~c Ch~y I L. {-ILl
My Commission Expires: ~ ~
Commission No.: ~No P b' .. fF! 'd
( SEAL) tary. ~ h~ St,ll." 0 . ,or! a
My Ccm;m!$510n ~9:ras JlliV 8, 1994
STATE OF FLORIDA Bonded Thru T '0)' Fain. ..............1lICo ~
COUNTY OF PALM BEACH
Before me, the undersigned Notary Public in and for the
aforesaid County and State, personally appeared THOMAS LYNCH,
who is personally known to me or who produced
as identification, and who is known to
be the person described in and who executed the foregoing
instrument, and who, by me being first duly sworn and
cautioned, deposed and acknowledged that he is the Mayor of the
City of Delray Beach, Florida, a municipal corporation, that he
freely and voluntarily executed said instrument in such
capacity, on behalf of said corporation, for the uses and
purposes therein expressed, and that such execution is the
authorized act of such corporation.
SWORN TO, SUBSCRIBED AND ACKNOWLEDGED before me by said
officer this day of , 1994.
Notary Public
My Commission Expires:
Commission No.:
(SEAL)
.
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ATLANTIC
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- RABBIT HOLLOWE
PlANNINC DEPAImIENT
CITY OF DrulAY BEACH. Fl
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 6ft
SUBJECT: AGENDA ITEM i ~H - MEETING OF JUNE 7. 1994
FINAL PAYMENT/OLYMPIC INDUSTRIES. INC.
DATE: JUNE 3, 1994
This is before the Commission to approve final payment in the
amount of $407.15 and deduct Change Order No. 3 in the amount of
-$103.00 to Olympic Industries, Inc. for completion of the Public
Works renovations.
Funding is available from General Construction City Garage
Improvements (Account No. 334-3351-591-60.69).
Recommend approval of Final Payment to Olympic Industries, Inc.
,
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Agenda Item No.: ~H-
AGENDA REOUEST
Date: June 1, 1994
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: June 7, 1994
Description of item (who, what, where, how much): Staff requests City
Commission to approve Change Order #3 final to Olympic Industries, Inc. for the
Public Works Complex Renovations Project (92-19). This Change Order represents
the final closeout quantity adjustments for the Project. It is for a net deduct
amount of -$103.00. Staff also requests approval for final payment to Olympic
Industries in the amount of $407.15. Funding Source is 334-3351-591-60.69.
ORDINANCE/RESOLUTION REQUIRED:
Recommendation: Staff Recommends approval of deduct Change Order #3 final and
that final payment be made to the Olympic Industries.
D~p.rtment He'~ ~L t../ ) /'1 tf Iff.-
S1.gnature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~ed on all items involving expenditure of funds):
Funding available: YES 0
Funding alternative.s-- (if a~liCable)
Account No. & DescriPti~-~~ -~/.IfL);.q _EN,COfIJsr12. CATV ~~
Account Balance 112..J?A ~ SIO. Is:-." I N1F1?CVGfY/Btl-g;
City Manager Review:
Approved for agenda: ~NO t~'1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda19.doc
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Memorandum
To: David T. Harden, city Manager
From: Ralph E. Hayden P.E., city Engineer~
Date: June 1, 1994
Re: Public Works Complex Renovation project (92-19)
Agenda Request for Contract closeout
Please find attached agenda request for the above referenced
Project. The request includes deduct Change Order #3 final in
the amount of -$103.00 to the contractor, Olympic Industries,
Inc. It represents the final plus/minus adjustments to the
original Contract which included the Public Works complex. It
also represents miscellaneous revisions at the Police station
(Change Order #1) and Fire station #3 (Change Order #2) . All
changes are itemized per Schedule "A" attachment to Change Order
#3 final.
The request is also made for final payment to Olympic Industries
in the amount of $407.15. All of the work has been inspected and
has been found to be in conformance with the plans and
specifications.
This agenda item has been delayed until now at the request of the
Olympic Industries to allow them time to settle a contractual
dispute with one of their subcontractors. The dispute did not
involve the City and has recently been resolved between the two
parties.
Funding Source is 334-3351-591-60.69
File: 92-190
Memos to city Manager
,
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 3 Final PROJECT NO. 92-19 DATE:
PROJECT TITLE: Public Works Complex Renovations
TO CONTRACTOR: Olympic Industries, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AN9
COVENANTS.
JUSTIFICATION:
Final quantities and revisions to Public Works Complex, Police Station and Fire Station #3
per Schedule 'A' attached.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $110,810.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 78,254.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $189,064.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ -103.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $188,961.00
PER CENT DEDUCT THIS CHANGE ORDER 0%
TOTAL PER CENT INCREASE TO DATE 71%
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my'
considered opinion, accurate.
for Olympic Industries, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 334-3351-591-60.69 is FUNDING SOURCE
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
Ralph E. Hayden, City Engineer Thomas E. Lynch, Mayor
ATTEST:
APPROVED: By:
.
City Attorney City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtr/(
SUBJECT: AGENDA ITEM i ~:r. - MEETING OF JUNE 7. 1994
LANDSCAPE WAIVER/PROFESSIONAL INSULATORS. INC. :
DATE: JUNE 3, 1994
This is before the Commission to approve a landscape waiver for
Professional Insulators, Inc. in conjunction with a development
request involving site plan modification approval. The develop-
ment proposal is to construct a 2,420 square foot building
addition, along with parking and landscaping improvements to
their property located on the east side of South Swinton Avenue
100' south of Southridge Road.
Professional Insulators requests a waiver from Section 4.6.16(H)
(3) (h) ( Interior Trees) of the Land Development Regulations.
Most of the interior area of this property is utilized for
loading and maneuvering purposes i therefore, space to provide
for the required seven interior trees, as specified in this LDR,
is limited.
The reduction in the number of trees in the interior area will
not affect the neighboring areas, as adequate buffering has been
provided on the perimeter of the property. A waiver of the
requirements of the LDR will not create an unsafe situation or
diminish the provision of public facilities, and does not
constitute a special privilege. The Site Plan Review and Appear-
ance Board recommended approval.
Recommend approval of landscape waiver to LDR Section 4.6.16(H)
(3) (h) to allow reduction in the number of required interior
trees from seven to three.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVC:::~ MANAGER
THRU: DI~E DOMINGUEZ, EC~
DEPARTMENT OF P- ING AND
FROM:
SUBJECT: MEETING OF JUNE 7, 1994
CONSIDERATION OF A WAIVER TO AN INTERIOR LANDSCAPING
REQUIREMENT [SECTION 4.6.16(H)(3)(H)] FOR PROFESSIONAL
INSULATORS, INC.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
grantinq a specific waiver in conjunction with a
development request involving site plan modification
approval.
The development proposal is to construct a 2,420 sq. ft.
building addition for storage purposes along with parking
and landscaping improvements for Professional Insulators,
Inc. (Contractor's Office) . The subject property is
located on the east side of South Swinton Avenue,
approximately 100' south of Southridge Road.
BACKGROUND:
The project involves the construction of a building addition to
accommodate the storage of materials as well as providing site
upgrading for the entire property. The associated improvements
include construction of a 2,420 sq. ft. building addition to
accommodate the storage of materials; removal of the existing
storage trailers; construction of asphalt parking and loading
areas; and, installation of required landscaping. Generally,
the only landscaping currently provided on the site is located
on east side of the site facing Dixie Highway. The balance of
the property contains the existing structure, storage trailers
and unimproved parking/storage areas.
.
City Commission Documentation
Meeting of June 7, 1994
Landscape Waiver for Professional Insulators, Inc.
Page 2
The applicant has requested a waiver from Section 4.6.16(H)(3)(h)
(Interior Trees) of the LDRs, which deals with interior landscape
requirements. This section states that one tree must be provided
for every 125 sq. ft. of required interior landscaping. The
development proposal requires 7 interior trees and only 3 have
been provided. Most of the interior area is utilized for
loading and maneuvering purposes, therefore, the areas to
provide interior trees are limited.
REQUIRED FINDINGS:
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver,
the City Commission shall make a finding that the granting of the
waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of
public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in
that the same waiver would be granted under similar
circumstances on other property for another applicant
or owner.
The reduction will not have an effect on the neighboring areas as
adequate buffering has been provided on the perimeter of the
property and the request is specifically for interior trees. The
landscape code is being followed throughout the remainder of the
site, especially those areas that will have the most visual
impact. A waiver of the requirement will not create an unsafe
situation or diminish the provision of public facilities, and
does not constitute a special privilege.
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
At its meeting of June I, 1994, the Site Plan Review and
Appearance Board recommended (6-0) approval of a waiver to LOR
Section 4.6.16(H)(3)(h) (Interior Landscaping) to reduce the
number of required interior trees for this development proposal
from 7 to 3.
RECOMMENDED ACTION:
By motion, grant a waiver to LOR Section 4.6.16(H)(3)(h)
(Interior Landscaping) to allow reduction in the number of
required interior trees from 7 to 3, based upon positive
findings with respect to Sections 2.4.7(B)(5)(a) - (d) .
Attachments:
* Letter of Request
* Reduction of Landscape Plan
,
.
professional insulators, inc.
residential and commercial insulation systems
May 31,1994
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FI. 33444
Re: Professional Insulators site Plan Modification
To: Planning, Zoning and Site Plan Review Board
Please accept this request for relief and waiver with reference to
the twelve (12) page Site Plan Review Analysis received May 31,1994,
via fax, and with specific reference to the second and third
paragraphs of the "Landscape Plan Analysis" as indicated on page 6.
Professional Insulators requests to have the committee grant a
waiver of Section 4.6.16 (H)(3)(h), as noted in the second
paragraph. In lieu of this waiver, Professional Insulators will
follow the recommendations as stated in paragraph three and
supported by the staff, that is, deletion of seven ( 7 ) trees,
(as per Section 4.6.16 (H)(3)(h) and substitute instead, a group
of sable palms and one tree.
~elY'
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Ja Thomas, agent
rofessional Insulators
cc: Professional Insulators ..{f,<",:y="~7~.
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1207 A S. Swinton Ave., Delray Beach, Florida 33444
Boynton Beach: 738-0422 . Delray Beach: 276-0177 . Broward: 428-843-9766 . 1-800-843-0233
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [11'1
SUBJECT: AGENDA ITEM i S':r - MEETING OF JUNE 7. 1994
CONTRACT RENEWAL/SEA TURTLE CONSERVATION PROGRAM
DATE: JUNE 3, 1994
This is before the Commission to consider contract renewal with
Dr. John Fletemeyer to head the Sea Turtle Conservation Project
for an additional four years (1995-1998).
Dr. Fletemeyer has been the City's contractor for this program
for most of the years since 1984, and his performance has been
uniformly satisfactory.
The total funding commitment for the additional four years is
$39,376, ($9,844 annually) and is available from the Beach
Restoration/Sea Turtle Conservation (Account No. 332-2964-572-
34.50).
Recommend approval of contract renewal with Dr. John Fletemeyer
for the four-year period 1995 to 1998.
.
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CITY COMMISSION DOCUMENTATION
TO: David T. Ha City Manager
VIA: D~nq, ~ng and Zoninq Director
') 'riltJ~
FROM: John Walker, Project coordinatov- -
SUBJECT: MEETING OF JUNE 7, 1994
RENEWAL OF CONTRACT FOR SEA TURTLE CONSERVATION
PROJECT FOR ADDITIONAL FOUR YEARS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the Commission is that of approving
a renewal of the contract for the Sea Turtle Conservation
Project for an additional four years.
BACKGROUND:
The contractor for the project, Dr. John Fletemeyer, has
requested renewal of the contract for the Sea Turtle
Conservation Project for an additional four years (1995-1998) at
the current price of $9844. /year. The existing contract was
quoted for one year with a one year extension. The contract was
awarded by the City Manager in 1993 and renewed in 1994.
The average annual cost of the base bids since 1990 is $9793.60.
Should the City extend the contract as requested, the average
for nine years (1990-1998) would be $9816. The City would
benefit from the renewal by having a stable project cost at a
reasonable rate for an additional four years. Dr. Fletemeyer
has been our contractor for this program for most of the years
since 1984. His performance has been uniformly satisfactory.
The total funding commitment for the additional fours years is
$39,376. Funding is available in the Beach Restoration Fund.
RECOMMENDED ACTION:
By motion, authorize the City Manager to renew the Sea Turtle
Conservation Project contract with Dr. John Fletemeyer for an
additional four years (1995-1998) at a cost of $9844 per year.
Attachment: May 12, 1994 letter from Fletemeyer
T:\advanced\TURTLEI2.DOC
,
12 May 1994
Mr. John Walker
Engineering
100 NW 1st Ave.
Delray Beach, Florida 33444
Re: Request to be granted a long term extension
on sea turtle contract.
Dear John,
Based on an earlier conversation with you I am aware that
City of Delray has a policy that limits contract renewals
for only a period of two years.
However, I'm hoping that under special circumstances that
this policy can be modified to permit a long term extension
of my contact for the Delray Sea Turtle Monitoring Program.
I'm making this request because my cost for conducting
this program has escalated significantly this year.
Insurance, for example, has nearly doubled and now represents
10 percent of the contract. Also other costs have increased
as well.
Perhaps my biggest concern involves the replacement and/or
repair of the two 4-wheel drive vehicles used in this program.
With my current two year contract ending this year, considering
whether or not to replace these vehicles becomes a real gamble.
By having a long term contract (at least four years) it will be
possible to schedule replacement over an acceptable and pre-
dictable duration.
Also as a means of cutting costs, I plan to cancel my
insurance in October in order to get a six month refund.
By doing this, insurance will likely cost more next
year thus increasing my bid next season.
Hopefully my request can be justified by the fact that over
the last 10 years, I have managed to be the low bidder
keeping my cost virtually the same over this period.
If given the opportunity for a long term contract lasting
for four years between 1994 and 1998, I'm prepared to
keep my bid the same. Considering the above this will
likely represent a cost savings to Delray.
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PLANNING & ZONING
,
Besides a cost savings, a long term bid will insure
the continuance of a quality program. As you know
over the years I have managed to incorporate a number
of extras into the program above and beyond the specs.
of the contract, i.e. excavating nests to determine
hatching success and generating a comprehensive final
report involving a statistical analysis of the data.
Thank you for considering my request. Hopeful the
rationale that I have tried to present in this letter
will convince the powers that be that this would be
not only in the best interest of sea turtles but in
the best interest of the City of Delray as well.
Sincere{y,
~/
Joh~ R. Fletemeyer
~once de Leon Drive
auderdale, Fl. 33316
(305) 764-6149
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
f
FROM: CITY MANAGER (Ii I
SUBJECT: 'AGENDA ITEM i ~K - MEETING OF JUNE 7. 1994
RESOLUTION NO. 46-94
DATE: JUNE 3, 1994
This is a resolution authorizing the City to apply for funding
through Palm Beach County's 1994/1995 State and County Roadway
Beautification Grant Program for West Atlantic Avenue.
Road construction on West Atlantic Avenue is scheduled to be
completed by the middle of November, 1994. Upon completion of
the road widening the City intends to install irrigation and
landscaping, and has $215,000 available in the Decade of
Excellence Bond Fund for this project. However, the grant would
provide reimbursement for up to 50 percent of eligible project
costs if accepted.
Recommend approval of Resolution No. 46-94 authorizing pursuit of
grant funds for West Atlantic Beautification.
.
.
RESOLUTION NO. 46-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR
FUNDING THROUGH PALM BEACH COUNTY'S 1994/1995 STATE AND
COUNTY ROADWAY BEAUTIFICATION GRANT PROGRAM.
WHEREAS, the portion of West Atlantic Avenue between CSX
Railroad and Military Trail is currently under construction, and is
scheduled to be completed by December 1994; and
WHEREAS, the City Commission of the City of Delray Beach, on
behalf of the citizens of Delray Beach, desires to beautify the roadway
medians by installing irrigation and landscaping once the road widening is
completed; and
WHEREAS, Beautiful Palm Beaches, Inc. , at the direction of the
Metropolitan Planning Organization and the Palm Beach County Board of
County Commissioners, initiated a grant program known as Palm Beach
County's 1994/1995 State and County Roadway Beautification Grant Program;
and
WHEREAS, the City Commission of the City of Delray Beach desires
to apply for grant funds in order to obtain funds to assist in the payment
of costs for the median improvements; and
WHEREAS, the City Commission of the City of Delray Beach
authorizes the City Manager or his authorized designee to apply for the
said grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I
Section 1. That the City Commission of the City of Delray 1
Beach, Florida, hereby authorizes the City Manager to apply for the Palm I
Beach County 1994/1995 State and County Roadway Beautification Grant
through Beautiful Palm Beaches, Inc. I
Section 2. That the City Clerk of the City of Delray Beach is
hereby directed to send copies of this resolution to Beautiful Palm
Beaches, Inc. , and all other persons as directed by the City Commission.
PASSED AND ADOPTED in regular session on this the 7th day of
June, 1994. ~~
ATTESTZlLuwn it !-It
.' /ru.c-. Jfr n~
City lerk
.
.
M E M 0 RAN DUM
TO: DAVID HARDEN, CITY MANAGER
1
THROUGH: LULA BUTLER, DIRECTOR. COMMUNITY IMPROVEMENT Ll~
~Q
FROM: N&~CY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR
RE: RESOLUTION AUTHORIZING PURSUIT OF GRANT FUND FOR WEST ATLANTIC
AVENUE BEAUTIFICATION
DATE: MAY 23, 1994
ITEM BEFORE THE COMMISSION
- -
The Commission is asked to adopt a resolution authorizing the City to apply
for funding through Palm Beach County's 1994/1995 State and County Roadway
Beautification Grant Program.
BACKGROUND
Beautiful Palm Beaches, Inc. , acting as the coordinator, recently launched
the 1994/1995 State and County Roadway Beautification Grant Program. The
deadline for the application is July 15, 1994.
The road construction on West Atlantic Avenue is scheduled to be completed
by the middle of November 1994. The City had always intended to install
irrigation and landscaping upon completion of the road widening. The City
has $215,000.00 available in the Decade of Excellence earmarked for this
project, however, we would like to apply for the grant which could provide
reimbursement for up to 50% of eligible project costs.
The City has recently put out a Request for Qualifications for a Landscape
Architectural Firm to design the West Atlantic Avenue project and assist
with the grant application. The short-listed firms will make a presentation
at the June 7, 1994 Commission Meeting.
RECOMMENDATION
Staff recommends that the City Commission adopt the resolution which would
give the City authorization to move forward with the grant application for
the 1994/1995 State and County Roadway Beautification Grant Program.
,
.
. . fl;b . ~ b ,,'1 ~ .
. Agenda I tem No.: ~K
I.GENDA REQOeST
Date: 5/31/94
Request to be placed on:'
X
Regular Agenda Special Agenda Workshop Agenda
When: 6/7 /94
Uescrlption of agenda item (who, wha t, where, how much):
Resolution Authorizing Pursuit of Grant i'unct tor
West Atlantic Avenue Beautification
ORDINANCe/ ~SOLUTION REQOIRED: ~/NO Draft Attached: YES;@
Recommendation: Approve Resolution
:A~, ~-_. -=-
Department Head Signature:
I
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (i t appl icable) :
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: {!y NO t]v I
Hold Until:
Agenda Coordinator Review:
Received: ,
Action: Approved/Disapproved
,
.
- '
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~~1
SUBJECT: AGENDA ITEM i 81- - MEETING OF JUNE 7. 1994
LAKEVIEW GOLF COURSE REZONING/POSTPONEMENT
DATE: JUNE 3, 1994
This is before the Commission to approve a second postponement of
City initiated rezoning to allow more time for negotiation
between the City and the property owners regarding the City's
possible purchase of the golf course.
The golf course currently has a land use designation of Recrea-
tion and Open Space, and a zoning of R-1-AA and R-l-AAA-B (Single
Family Residential) which are inconsistent. A rezoning to OS
(Open Space) was initiated on February 8, 1994. On February 22,
1994, the Commission voted to postpone the Planning and Zoning
Board hearing until July.
Negotiation between the City and the property owners is still
ongoing, and a postponement of three months is requested.
Recommend postponing the City initiated rezoning for three
additional months, with reconsideration at the October, 1994,
meeting of the Planning and Zoning Board.
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- ~ 01\
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN
FROM: DIANE DOMINGUEZ,
DIRECTOR OF PLANNING
SUBJECT: MEETING OF JUNE 7, 1994 **CONSENT AGENDA**
REZONING OF LAKEVIEW GOLF COURSE--POSTPONEMENT FOR
ADDITIONAL THREE MONTHS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
postponement of a City initiated rezoning.
The subject property is the Lakeview golf course, located
on the west side of Dover Road, between Lakeview Boulevard
and Linton Boulevard.
B A C K G R 0 U N D:
The Lakeview golf course currently has a land use designation of
Recreation and Open Space, and a zoning of R-l-AA and R-l-AAA-B
(Single Family Residential). These designations are
inconsistent with each other. The most recent action to correct
the inconsistency was taken by the City Commission on February
8, 1994, when a rezoning of the property to OS (Open Space) was
initiated. At the request of the golf course owners and their
attorney, the City Commission voted on February 22, 1994, to
postpone the Planning and Zoning Board hearing on the item until
July. The reason for the postponement was to allow time for
negotiations to occur between the City and the property owners
regarding the City's possible purchase of the golf course.
Those negotiations are still ongoing. As the July P & Z agenda
will be set in the coming weeks, with notification requirements
to follow shortly afterwards, it is appropriate to again
postpone the rezoning action.
It should also be noted that if the LDR amendment creating the
OSR (Open Space and Recreation) district is adopted, that zoning
classification would be the appropriate one to apply to the golf
course, and not the OS as originally initiated.
R E COM MEN D E D ACT ION:
By motion, postpone the hearing on the rezoning of the Lakeview
Golf Course from R-1-AA and R-l-AAA-B to OS (or OSR, if
adopted), to the October meeting of the Planning and Zoning
Board.
T.CCLVRZ.DOC
,
0
. --- ( T U "e: HI 6 . 13"7:"""'""9" 4 '-If (T"~" ~6. t ::>-:~!O ;; JUL
f 6892.
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i 3674 Lakeview Blvd.
I Delray Beach, FL 33445-5615
I
I JW1e 7, 1994
Mr. DaJd Harden " --
City Mabager
o I
CIty of Delray Beach
t
100 NoW. 1st Avenue l'
I
DeIray Beach, FL 33444
FAX: (407)278-4755
I
Re: Jyne 7, 1994 Commission Meeting Consent Agenda
. Item 8L- Lakeview Golf Course Rezoning Postponement
I
Dear Mr. Harden,
Ibis is J protest the proposed postponement of the Lakeview Golf Course rezoning. As you are
aware, this item has a LONG history, and we believe that another postponement is an
unneces~ delay.
In lanual. when . postponement was first grnnted, we disagreed with the Commissioner'.
decision,:but six months seemed like a short wait, given that it appeared the issue would finally
be tesolvbd. It is understandable for the City and course owners to want to negotiate a potential
purchase l without having to prepare for rezoning hearings; however, negotiations have been
underway sporadically for the past several years. We believe resolving this issue promptly and
having the golf course zoned as open space is in the best interest of the neighborhood (and the
City). l
Because . item is ~n the consent agenda, which does not permit public comments, we request
that this lrtter be given to the City Commissioners and that it be submitted to the Lakeview Golf
Course Rezoning tile.
; smcerclJ
, .. 1 .
~ ~-<~~ ~.... ~a..~")Qi~
I
Brian R. Link & Karen A. Kiselewski
cc: nLe Dominguez, Director of Planning and Zoning
SJsan Ruby, City Attorney
U\\Tence W. Smith, Esq. . .~
,.
D~ectors of Lakeview Neighbors for Open Space, Inc.
I
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0
.
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph
Director
SUBJECT: Renewal ee-Year Auditing Services Agreement with Ernst and
Young
DATE: June 1, 1994
Ernst and Young has presented us with a renewal agreement for auditing services
to be conducted by their firm for the fiscal years ending September 30, 1995,
1996 and 1997.
As you can see from the figures shown, the proposed fees reflect the following
percentage increases:
Fiscal Year Ending Percentage
September 30, Increase
1995 1.91%
1996 2.49%
1997 2.43%
We have appreciated the professional expertise, expedient service and dedication
of the Ernst and Young team. The relatively small increase in fees reflect the
efforts of the Finance Department, in concert with Ernst and Young, to
consolidate funds and to be better prepared for the annual audit process. We
look forward to a continuing relationship with the personnel on this audit
staff.
I recommend that the City Commission approve the terms and conditions as
outlined in the renewal agreement.
I have included two copies of the renewal agreement for signature, if the
agreement meets with Commission approval.
Isarn
Attachments
FI1
.
Agenda I tern No.: ~ t1
AGENDA REQUEST
Date: 05-27-94
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 06-07-94
Description of agenda item (who, what, where, how much) :
Renewal of three-year auditing services agreement with Ernst and Young (for fiscal
years ending September 30. 1995. 1996 and 1997).
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/€Q)
Recommenda tion: Director of Finance recommends approval.
Department Head Signature:
Determination of Consistency
n/a
City Attorney Reviewj Recommendation (if applicable):
n/a
Budget Director Review (required on all items involving expenditurE!
of funds):
Funding available: YESj NO
Funding alt~rnatives: (if applicable)
Account No, & Description:
Account Balance: -
City Manager Review:
Approved for agenda: ;.:r;,'~/ NO /if1/1
Hold Until: C7
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
,
-
ill ERNST & YOUNG . Certified Public Accountants . Phone: -w~ bSS HSllll
Phillips Point. West Tower Fcl': -107 8 \8 '18Q8
SUite 1200
777 S Flagler Drive
\ \'eq Palm Beach, Florida 33-101
May 24,1994
Mr. David T. Harden
City Manager
City of Delray Beach
100 N.W, 1st Avenue
Delray Beach, Florida 33444
Dear Dave:
This letter is to confinn the nature and extent of our services to the City of Delray Beach, Florida
for the year ending September 30, 1995 through 1997.
We will audit the general purpose financial statements of the City of Delray Beach, Florida for the
fiscal year ending September 30, 1995 through 1997. Our audit will be in accordance with
generally accepted auditing standards, and will include such tests of the accounting records and
such other auditing procedures as we consider necessary to render an opinion on the fairness of
your general purpose financial statements.
We do not contemplate a detailed audit of all transactions or expect that we will necessarily
discover fraud, should any exist. We will, however, infonn you of any findings that appear
unusual or abnonnal.
Our fees for the aforementioned audit will be based on discounted hourly rates and will be billed
monthly as the work progresses. We estimate the total charges will not exceed the amounts for
various funds as outlined in the following schedule (for comparison purposes actual fees paid for
1994 are included):
September 30
1994 1995 1996 1997
General Fund (including general fixed
assets and generallong-tenn debt
group of accounts) $21,425 $21,975 $22,475 $22,975
Water and Sewer Fund 18,925 20,250 20,750 21,250
Community Redevelopment Agency
Fund 2,500 2,600 2,700 2,800
Law Enforcement Trust Fund 250 250 250 250
Developers Land Contribution Fund 250 275 275 275
Community Development Fund 250 275 275 275
Beautification Fund 250 250 250 250
,
~ ~
ill ERNST & YOUNG Page 3
Mr. David T. Harden May 24. 1994
As in prior years, we will continue to provide, at no charge, tax and accounting advice on routine
matters of concern to the City such as the record-keeping requirements and tax treatment for City
vehicles provided to employees. payroll tax advice and other similar type assistance. Any other
atcounting and consulting services as may be requested from time to time will be provided at
discounted hourly rates. We will provide you with an estimate of our fees for a particular service at
the time it is requested.
If the foregoing meets with your approval. please sign the enclosed copy of this letter and return it
to us for our files.
Very truly yours.
()~~
Paul C. Bremer
Managing Partner
PCB:nmm
Enclosures
APPROVED
By:
Date:
,
L 1<
~ AS J'" . t ~t~\
r " ' ~ 1.J:;j-t
Ud Ii I
t.", ~ ;
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
Wr~ter.. D~r.ct L~n_
FACSnlILE 407/278-4755
(407) 243-7090
MEMORANDUM
Date: May 31, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Easement for School Site "S" Property
On April 8, 1994, the City Commission granted a 40 foot
easement to the School Board for access to the School Site "s"
property through the park property which the City acquired from
the Bloods. The parties agreed that the original 40 foot
easement would be held by Carol Stanley until an easement with
the correct legal description could be prepared.
The attached easement is the proper access easement for the
School Site "s" property. Therefore, the City Commission is
requested to grant this easement as a substitute for the
easement originally granted on April 8, 1994. This easement
will be recorded, and the prior easement will be discarded.
Please call if you have any questions.
DNT: sh
Attachment
cc: Robert A. Barcinski, Assistant City Manager
Joseph Weldon, Director of Parks and Recreation
site-s.dnt
fN
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EASEMENT DEED
THIS INDBNTURE, made this ____ day of May, 1994, by and between the CITY OF
DBLRAY BBACH, FLORIDA, whose address is 100 N.W. 1st Avenue, Delray Beach, Florida,
Grantor, and the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, whose address is 3320
Forest Hill Boulevard, West Palm Beach, Florida 33406-4813, Grantee;
WHEREAS, the Grantor is seized in fee simple and in possession of lands in
Section 25, Township 46 south, Range 42 East, and that particular portion of its
described below, and
WHEREAS, Grantee is seized in fee simple of a parcel of land contiguous to
the land of Grantor, and
NOW, THIS INDENTURE WITNESSETH:
WITNESSETH: That the parties of the first part, for and in consideration
of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it
in hand paid by the said party of the second part, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell and release unto the party of the
second part, its successors and assigns, a right of way and perpetual easement for
the purpose of access across, through and upon, over, under or within the following
described property located in Palm Beach County, Florida, to-wit:
That part of section 25, Township 46 South, Range 42 East, Palm Beach
County, Florida, described as follows:
Commence 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 S.1007'33"E.,
along the west line of plat of Foxe chase, 707.79 feet; thence
S .88052' 27"W., 135.80 feet to the point of beginning; thence
N.1007'33"W., 60.00 feet;. thence S.88052'27"W., 40.00 feet; thence
N.46007'33"W., 84.72 feet; thence N. 3036' 58"W. , 508.02 feet to a point
of curvature of a curve concave westerly with a radius of 380.00 feet,
a central angle of 12016'35" and a chord bearing N.9045'15"W.; thence
northerly, along the arc of said curve, 8!. 42 feet; thence
S.88052'27"W., 41.54 feet to a point on a curve concave westerly with a
radius of 340.00 feet, a central angle of 14003138" and a chord bearing
S.10038'47"E.; thence southerly, along the arc of said curve, 83.44
feet; thence S.3036'58"E., 506.13 feet; thence S.43052'27"W., 84.92
feet; thence S. 88052' 27"W., 164.20 feet; thence S.1007' 33"E., 60.00
feet; thence N.88052'27"E., 364.20 feet to the said point of beginning.
TO HAVE AND TO HOLD the access easement hereby granted unto Grantee, its
heirs and assigns.
It is understood that the easement is given upon the express understanding
and condition that it may be sued by Grantor, its heirs, executors, administrators
and assigns in conjunction with the use of Grantee.
IN WITNESS WHEREOF, Grantor has set its hand and seal on the day and year
first above written.
Signed, sealed and delivered
in the presence of:
By:
Witness Print Name
Attest:
Witness Print Name City Clerk
Approved as to Form:
David N. Tolces, Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
, 1994, by , who is personally known to me/or
has produced (type of identification) as identification
and who did (did not) take an oath.
Signature of Notary Pub1ic-
State of Florida
Print, Type or Stamp Name of
Notary Public
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER v~'1
SUBJECT: AGENDA ITEM i g 0 - MEETI NG OF JUNE 7. 1994
AWARD OF BIDS AND CONTRACTS
DATE: JUNE 3, 1994
This is before the Commission to approve the award of the
following bids and contracts:
1. Contract Award - Via Palm Beach County Contract, to
Southeastern Municipal Supply for water meter boxes and
lids, with an estimated annual cost of $12,984. Funding is
available from Water & Sewer Renewal & Replacement - Water
Meter Replacements (Account No. 442-5178-536-52.31).
2. Bid Award - Co-op Bid Road Construction Materials to
Hardrives of Delray and cold patch to Ready Road Repair, at
an estimated annual cost of $39,365, with funding from Road
Materials and Supplies/Repairs (Account No. 001-3113-
541-53.10) and from Road Materials and Supplies/Other
(Account No. 001-3113-541-53.90).
3. Bid Award - Joint Bid with the City of Boca Raton - Co-op
Bid - Emergency repairs to underground utilities including
equipment rental and construction crews, to Ric-Man Inter-
national, Inc. d/b/a Pipeline Installers, Johnson-Davis,
Inc., and Olympic Industries, Inc., with funding from Water
& Sewer Operating Expense budget.
4. Contract Awards - CDBG Housing Rehabilitation Program -
Three Grant Awards to low bidders South Florida Construction
Services and Intercontinental Construction Corp., totaling
$54,917, with funding from CDBG/Housing Rehabilitation
(Account No. 118-1963-554-49.19).
5. Bid Award - Emergency sewer repair and restoration at 929
Foxpointe Circle in the Hamlet in the amount of $15,000 to
Chaz Equipment, with funding from Renewal and Replacement/
Manhole Rehabilitation (Account No. 442-5178-536-61.84).
6. Bid Award - Refurbishing Gymnasium Floor at Pompey Park - to
Diversified Design Enterprises, Inc. in the amount of
$16,500, with funding from Community Development Block Grant
(Account No. 118-1962-554-60.20).
,-
Agenda Item No.: ? O. f
AGENDA REQUEST
Date: 5/23/94
Request to be placed on:
y Regular Agenda Special Agenda Workshop Agenda
When: Jun~ 7. 1 gg4
Descriptlon of agenda item (who, what, where, how much): Annual Cons tract
for Water Meter Boxes and Lids for inv~ntory p~r Palm Rpi'lrn ('ounty
('on tx i'l('t - Rid *g4-nRQ!PR ~t ;::an E'stimatE'n ~nn"al cost of
--$l?,QR4 no
ORDINANCE/ RESOLUTION REQUIRED: Y2S/NO Draft Attached: YES/NO
Recommendation: Vendor: Southeast~rn Muniripal Supply i'lt i'ln
~st. i mi'l t.pd i'lnnlli'll (,ORt nf $l?,Q84 no
/ ff#/
~ / /?~.40~1 s~~4~/
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding alternative : (i~~licabtvA
Account No. & Des~):~" 44Z~SI18'-~%.'i?z..-~1 . LQO T~t1Efg:
Account Balance: lP. 12-f.PL.~T5
City Manager R€view:
Approved for agenda: ~/ NO t:'1<"1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.,
.
MEMORANDUM
TO: DAVID T. HARDEN, CITY MANAGER
THROUGH: ROBERT A= BARCINSKI, ASSISTANT CITY MANAGER/~
THROUGH: TED GLAS, PURCHASING OFFICER ~/f
BU~
FROM: JANICE SLAYZK,
DATE: MAY 23, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JUNE 7, 1994 - CONTRACT AWARD VIA PALM BEACH
COUNTY CONTRACT BID #94-089/PR
~AI~R.....t1~:I~R....:f.1Q~~?..~..~J P.~=....ANNWA~.., GONTRACT
I :t::. ~f!I_. ~~f. qr.::: ~ ,"" G. t t. Y.. G,9.l!!f!I t?? t., qfl :,
The Ci ty Commissic!n is requested to awat-d the purchase of
Water Meter Boxes via Palm Beach County Contract Bid
#94-089/PR to Southeastern Municipal Supply at an estimated
annual cost of $12,984.00.
:t:3.:"i.-c,:::J::Y!':::9Yl}9,;,
The Ci ty inventories the Water Meter" Boxes and 1 ids for the
Environmental Services Department at the Warehouse. The
Water Meter Boxes and 1 ids ar"e requisitioned as needed by
the Department.
R~~g!r.I/'!!~l}!::i:~!: ,~. qQ .;.
Staff recommends award 'to Southeastern Municipal Supply at
a total estimated annual cast of $12,984.00.
B!:t;~~bm~l}!:?.;
Memo from Environmental Services
Pricing from Palm Beach County
l.O./
.
.
.
MEMORANDUM
TO: Ted Glas
Purchasing Officer P.E.~
THRU: Richard C. Hasko,
Dep. Dir. of Public utilities
FROM: Michael S. Offie
Supt., Water/Sewer Network
I5Z-3J
SUBJECT: WATER METER BOXES (442-5178-536-61.81)
PIGGY BACKING WITH PALM BEACH COUNTY
BID #94-089/PR
I recommend Piggy-Backing Palm Beach County's Contract, Formal
Bid #94-089/PR, awarded to Southeastern Municipal Supply as the
lowest responsive bidder meeting specifications.
A meter box consists of concrete body, concrete cover with cast
iron hinged lid.
Estimated quantities required for the contract period through May
1995 are as follows.
QUANTITY EACH TOTAL
1. 12" x 20", for 1" water
meters; No. 37-H or
approved equal 400 $18.30 $ 7,320.00
2. 13" X 24", for 1-1/2"
water meters; No. 38-M
or approved equal 50 $ 34.40 $ 1,720.00
3. Lid, meter box, 36-H 80 $ 7.60 $ 608.00
4. Lid, meter box, 37-H 50 $ 9.60 $ 480.00
5. Lid, meter box, 38-H 50 $ 18.40 $ 920.00
6. Lid, meter box, 36-T 40 $ 16.25 $ 650.00
7. Lid, meter box, 37-T 40 $ 22.15 $ 886.00
,
.
.
-
8. Lid, meter box, 38-STL 04 $100.00 $ 400.00
TOTAL $12,984.00
0~t~~~/ ~
M chael S. Off
Superintendent
MSO/gm
cc: william H. Greenwood, Dir. of Environmental Services
Richard C. Hasko, P. E, Dep. Dir. of Public utilities
File: Memos to Purchasing
File: a:metrbox.doc mikes1
.
\.
Boud of CO;lOty Commissloneu County Administrator
Mary" Mcc~aY, Cha.ir . , Robert Weisman
Ken L. FQ~te , Vice Chairman
Kalfen T. Ma cus
Carol A. Rob rlS Pun~hasing Department
Warren H. tWell
But[tAarons n
Maude Ford ee
- .,,"0.....-
SOUTO*lSA Form L
South stern Munioipal Supply
2471 rt West Blvd. Date: May 3.1994 ,
W..t 1m aeach, Pl. 33407
RE: PRICE AGREEMli:NT #: ~.4089
D9ar ~nc!or:
This ib to inform you that Palm Beach County Board of County Commissioners is entering intQ
a Pric~ Agreement with your company fo~ ~eter Boxes. Covers. and Lids (Lot #l) baaed on
one of the fol~owing:
[ X ] FORMAL SID # 94-0S9/PR
t J nENEWAL ()t=' PORMAL BID #
( ] EXTENSION OF FORMAL BIO!RFQ # __
[ ] WRITTEN Ot1()TATION ~ ~
[ ] VER:eAt QUOTATION PER
[ ] STATE OF FLORIDA CONTRACT #
[ ) t>ALM BEACH COUNTY SCHOOl; BOJ.\lW BID #
,( ] OTKJl:R:
i
The tetm of this agreement 1s 5/4/94 through 5/3/95 The e~timateQ dollar value
is $ 8~.SOO.OO .
The obligation of Palm Beach county under this agreement are subject to the availability ot
funas lawfully appropriated for ita purpose by the State of Florida an~ the Board of County
Commis~ioners.
Palm Beach County Departments will issue hard ooPY orders against this asr@@ment as your
author~zation to deliver, All invoices must reference each unique document number.
I
If you have any questions, please contact ~Ridolfo at 1407) 233-1517
SincerelY,' ~
~4
c:~. /1#: ~..
Dougn v. s
~.r~ .r O~has.n9
cc:cart1 MoDuffie. Water Utilit~~
File
: FP.CQRMNT .
"An (qUill Opportunity - Affirmative Action Ernployd'
P'/.. 50 S. Militu)' Trail, Suih~ UO WcslPal111 (leach, Florida 33415-3199
'6d p"nJ,(jf)MMy,'j~rlpll,?r (4117} 2JJ.]5()(I FAX: (407) 233.ISII
.,
.
.
,-
Agenda Item No.: g: o. ~
AGENDA REQUEST
Date: May 20, 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: June 07, 1994
Deser iption of agenda item (who I what I where I how much): Bid Award -
Co-op Bid Road Construction Materials at an estimated annual cost of $39,365.00
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award multiple annual contracts to Hardrives of Delray and
Ready Road Repair at estimated annual cost of $39,365.00 for City of Delray.
I;' J1Uy ~
Department Head Signature: ?~ /) Jd' ' 5~~~q
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding alternatives: (if applicable)
Account No. & Descr.iption: (V(--=3J /=3-..5;4/\ r::::>3-IO 1/IAT6eJALS~ g{AffUE>.- f20AD>-
Account Balance: 4-,lb7 oot-3/J-6-S:4-1.574o OTI1f?K, ROAD
City Manager Review: 5/360 MArre.1ALs
Approved for agenda: AEs} NO <fJ~'1
Hold Until: L71 t'
Agenda Coordinator Review:
.
Received:
Action: Approved/Disapproved
.
M E M 0 RAN DUM
TO: David T. Harden, city Manager
THROUGH: Robert A. Barcinski, Assistant City Manager
THROUGH: Ted Glas, Purchasing Officer ~~
FROM: Jacklyn Rooney, Buyer coR
DATE: May 20, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JUNE 07, 1994 - BID AWARD - BID #94-46
cO-OP BID ROAD CONSTRUCTION MATERIALS
Item Before Commission:
The City Commission is requested to award multiple annual contracts for
Road Construction Materials to firms listed below, at an estimated annual
cost of $39,365.00.
Background:
The City of Delray Beach is the lead organization for this bid. Nine (9)
firms submitted bids on April 04, 1994, based on estimated annual
quantities from seven (7) governmental entities. (Documentation on file
in the Purchasing Office. ) A tabulation of bids is attached for your
review.
Pick-Up Prices:
To obtain a more accurate cost for picking up road construction materials
with City trucks, total cost concepts were placed in the co-op
specifications (this cost includes equipment, labor, and gasoline) .
Awards are to be made individually by each participating entity based on
an average cost of $1.67 per mile that each entity adds to the truck load
price. Each entity clocks the round tr ip distance from their respective
facility to each vendor's pick-up site.
In addition to the unit price of the material, now the costs involved in
picking up the material are also considered in determining the true low
cost to each entity.
Attached for your review is a revised tabulation sheet showing Delray's
cost per truck load for each vendor. Recommendations are being made to
vendors with the low truckload cost.
r.o.1v
.
.
The recommended vendors for the City of Delray Beach are as follows (see
attached breakdown for the City of Delray quantities):
Estimated
Vendor: Annual Cost:
Hardrives of Delray $ 29,615.00
Ready Road Repair $ 9,750.00
$ 39,365.00
The Deputy Director of Public Works has reviewed the bids and recommends
awards as stated above.
Recommendation:
Staff recommends awards to vendors as outlined above. Funding from the
department's operating expense budget.
Attachments:
Tabulation of Bids (Co-op)
Tabulation of Bids (Cost Analysis) for Delray Beach
Memo to Co-op Members dated April 28, 1994
Breakdown of Quantities for Delray
Memo from Deputy Director of Public Works
cc: Richard Corwin
Scott Solomon
.,
MEMORANDUM
TO: Jackie Rooney
Buyer/Purchasing
FROM: Richard Corwin
Deputy Director of Public Works
SUBJECT: CO-OP BID
DATE: May 13, 1994
I am in agreement with your recommendations to award the bid to
Hardrives for material and Ready Road Repair for cold patch.
need further information, please call me at extension
Thank you for your assistance.
/
/
~ ,
Richard Corwin
RC/lm
REF: RCJRBID.DOC
File: Memos to Purchasing
,
CITY OF DELRAY BEACH U
Estimated quantities for Road
Construction Materials
Pick-Up Prices - Group A
Item : Vendor Est. Quantity Unit Cost Extended Cost
1 Type 8-1 Hardrives 50 tons $ 26.50 $ 1,325.00
Asphalt
2 Type II Hardrives 100 tons 26.50 2,650.00
Asphalt
3 Type III Hardrives 350 tons 26.50 9,275.00
Asphalt
4 Crushed n/a
Recycled
Asphalt
5 Cold Patch Hardrives 150 tons 34.00 5 , 100. 00
Asphalt
6 RCII70 Tac Oil n/a
7 Permanent Ready Road
Cold Patch Repair 150 tons 65.00 9,750.00
Pick - Up Prices - Group B
1 Crused Course Hardrives 650 tons 10.00 6,500.00
Limerock
2' Pit Run Hardrives 300 yards 4.19 1,257.00
Shell Rock
3 Stabilizer Hardrives 100 tons 9.00 900.00
Rock 1124
4 Drainfield Hardrives 20 tons 12.00 240.00
Rock 3/4"
5 Best Mason Hardrives 40 tons 13.00 520.00
Sand
6 Clean Fill Hardrives 200 yards 1. 74 348.00
Dirt
..- ..-
7 Pre case Car Hardrives 100 each 15.00 1,500.00
! Bumpers
8 Crushed
Recycled Concrete n/a
Total $39,365.00 *
* Estimated annual cost for the
City of Delray Beach
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Agenda I tern No.: ~. 0..3
AGENDA REQUEST
Date: May 20. 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: .Tune 07. 1994
Description of agenda item (who, what, where, how much): Bid Award -
Co-op Bid - Emergency Repairs to Underground Utilities Including Equipment
Rental and Construction Crews - Term Contract
ORDINANCE/ RESOLUTION REQUIRED: Y~S/NO Draft Attached: YES/NO
Recommendation: Multiple awards to: Ric-Man International, Inc.,
Johnson-Davis. Inc.. and Olympic Industries. Inc. d/b/a Pipeline Installers
/ ~
cfI4i~. . S/;sM
Department Head Signature: -;JJt!ik....:t/Y .x:S~
. T
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: tJ/A (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: fly/ NO ~71
Hold Until:
Agenda Coordinator Review:
.
Received:
Action: Approved/Disapproved
'.
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager~
THROUGH: Ted Glas, Purchasing Officer ~~
FROM: Jacklyn Rooney, Buyer ~
DATE: May 20, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JUNE 07, 1994 - BID AWARD - BID '94-33
CO-OP BID - EMERGENCY REPAIRS TO UNDERGROUND
UTILITIES INCLUDING EQUIPMENT RENTAL AND
CONSTRUCTION CREWS - TERM CONTRACT
Item Before Commission:
The City Commission is requested to award multiple contracts for Emergency
Repairs to Underground utilities including Equipment Rental and
Construction Crews.
Background:
The City of Delray Beach is the lead organization for this joint bid with
the City of Boca Raton. Three (3 ) firms submitted bids on April 19, 1994,
based on firm hourly rates for the rental of equipment, and construction
crews for emergency assistance as required by the City of Delray Beach and
City of Boca Raton. (Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
The ""Detailed Specifications" of this Co-op Bid states the requirements
for what constitutes an emergency repair, and then a step-by-step
procedure by which the City Utilities Division will follow to select the
successful Contractor from these approved hourly rates, based on lowest
total cost and/or the soonest completion date depending on the severity of
the emergency. Contractors will be instructed to meet at job site,
discuss the job requ irement s , and submit to Purchasing their quotation,
based on their hourly rates as herein bid.
The recommended Contractors for this Co-op Bid are as follows:
Ric-Man International, Inc.
Johnson Davis, Inc.
Olympic Industries, Inc. d/b/a Pipeline Installers
8'. o. j .
.
,
The Deputy Director of Public Utilities has reviewed the bids and
recommends awards as stated above.
Recommendation:
Staff recommends awards to Contractors as outlined above. Funding from
the department's operating expense budget.
Attachments:
Tabulation of Bids
Memo from Deputy Director of Public utilities
cc: William Greenwood
Richard Hasko
Michael Offie
Lynda Venne, City of Boca Raton
.,
.
KEMORANDUH
TO: Ted Glas
Purchasing Officer ~
FROM: Richard C. Hasko, P.E.
Deputy Director of Public utilities
SUBJECT: EMERGENCY REPAIR CONTRACT
BID #94-35
DATE: May 12, 1994
I have reviewed the bids for the subject co-op contract and
recommend multiple contract awards to Ric-Man International,
JOhnson-Davis, and OlYmpic Industries. I have been advised
by OlYmpic Industries that they will respond to emergency
projects under this contract from their Pompano Beach
office.
RCH: jem
c: William H. Greenwood, Director of Env. svcs.
Michael Offie, Superintendent of Maintenance
f: Emergency Repair Contract
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Agenda Item No.: r.o.i
AGENDA REQUEST
Request to be placed on: Date: MAY 16, 1994
Regular Agenda
Special Agenda
Workshop Agenda
xxx Consent Agenda When: JUNE 7, 1994
Description of item (who, what, where, how much):
CASEI ADDRESS ORA1ft' AMOUItT
92-002HR 812 S.W. 3RD COURT $19,670.00
91-051HR 1009 N.W. 3RD TERRACE $14,777.00
93-012HR 401 S.W. 10TH STREET $20,470.00
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT
AWARDS FROM ACCOUNT *118-1963-554-49.19 GRANT AMOUNT INCLUDES
CONTINGENCY.
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55). ~.
Department Head Signature: ~~. ~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving
expenditure of funds):
Funding available:~/NO
Funding alternatives: ~f ~Plbcablt&?
Account No. & Des~: J18- jqh~-56 .'t'- -) e.1~_ US/Nt;.
Account Balance: . (> (2.t5-/tAf3
City Manager Review:
Approved for agenda:~/NO [?vI
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager ~
THROUGH: Ted Glas, Purchasing Officer ~~
FROM: Jacklyn Rooney, Buyer ~
DATE: May 26, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JUNE 07, 1994 - BID AWARD - BID #94-53
HOUSING REHABILITATION PROGRAM
Item Before Commission:
The City Commission is requested to make multiple awards to low bidders as
listed below, at a cost of $54,917.00.
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:
812 S.W. 3rd Court S. Florida Const, Services $ 19,670.00
1009 N.W. 3rd Terrace S. Florida Const. Services 14,777.00,
401 S.W. 10th Street Intercontinental Const. Corp. 20,470.00
Total $ 54,917.00
Recommendation:
The Purchasing Office concurs with the recommendation to award to the low
bidders as outlined above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
cc: Lula Butler
<i.O.J/.
"
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M E M 0 RAN DUM
TO: David Harden, City Manager "
FROM: Dorothy Ellington, Community Development, Coordinator 91lP
THRU: Lula Butler, Director Community Improvement~
DATE: May 16, 1994
SUBJECT: CDBG HOUSING REHABILITATION GRANT AWARDS and
Request for Commission Approval to Award CDBG Housing
Rehab Grant Amount Exceeding Maximum Program Limit
ITEM BEFORE THE COMMISSION
This is to request approval of 3 Housing Rehabilitation Grant
Awards with one of these projects requiring a waiver of Policies
and Procedures which limit the dollar amount for Housing
Rehabilitation assistance to $20,000 per unit.
BACKGROUND
The CDBG Program Statement of Policies and Procedures at
paragraph C.l. states that "Grants up to $20,000 can be made to
eligible property owners to correct code violations, improve
energy conservation, remove barriers for the handicapped and to
correct incipient code violations". In order to bring the unit
located at 401 Southwest 10th Street into compliance with the
standard Housing Code, the dollar amount will exceed the $20,000
limit and requires Commission approval to award the contract.
The grant award is based on the actual cost of the rehabilitation
as determined by low bidder. Except for the SW 10th Street
project, a 5% contingency is included in the award to be used for
change orders if necessary. 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 specification~ and program
guidelines. Pay request forms require both the contractor and
the homeowner's signatures. Grant recipients have met
eligibility requirements as specified in the approved Policies
and Procedures.
Detailed work write-ups and individual case files are available
for review at the Community Development Division Office. The
contract award and bid summary sheet are attached for your
review.
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RECOMMENDATION
It is recommended that the CDBG policy governing the limit on
grant awards be waived and that the following Housing
Rehabilitation grants be awarded:
Case * Address Grant Amount
92-002HR 812 Soutwest 3rd Court $19,670
9l-05lHR 1009 Northwest 3rd Terrace $14,777
93-012HR 401 Southwest 10th Street $20,470 *
*Policy Waiver Requested
.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID :#: 94- 53HR
APPLICANT: THELMA POTTS
APPLICATION :#: 92-002HR
PROJECT ADDRESS: 812 SOUTHWEST 3RD COURT
DATE OF BID LETTERS: APRIL 29, 1994
DATE OF BID OPENING: MAY 9, 1994
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $
B & JR CONSTRUCTION $
ARTHUR BADALOO $
CHARLES JACKSON $
CSB CONSTRUCTION $
INTERCONTINENTAL CONSTRUCTION CORP $ 20,330.00
HENRY HAYWOOD $ 18,905.00
HUMMERT CONSTRUCTION $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PRESTON CONSTRUCTION $
RAY GRAEVE CONSTRUCTION INC. $
SOUTH FLORIDA CONSTRUCTION $ 18,734.00
IN - HOUSE ESTIMATE: $ 18,170.00
CONTRACTOR AWARDED CONTRACT: SOUTH FLORIDA CONSTRUCTION SERVICES OF THE PALM BEACH
BID/CONTRACT AMOUNT: $ 18,734.00
COMMENTS: LOW BIDDER
BIDFORM/PGl
.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID =It: 94- 53HR
APPLICANT: ALLEAN CLARK
APPLICATION =It: 91-051HR
PROJECT ADDRESS: 1009 NORTHWEST 3RD TERRACE
DATE OF BID LETTERS: APRIL 29, 1994
DATE OF BID OPENING: MAY 9, 1994
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $ 15,380.00
B & JR CONSTRUCTION $
ARTHUR BADALOO $
CHARLES JACKSON $
CSB CONSTRUCTION $
INTERCONTINENTAL CONSTRUCTION CORP $ 18,760.00
HENRY HAYWOOD $
HUMMERT CONSTRUCTION $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PRESTON CONSTRUCTION $
RAY GRAEVE CONSTRUCTION INC. $
SOUTH FLORIDA CONSTRUCTION $ 14,074.00
IN - HOUSE ESTIMATE: $ 17,900.00
CONTRACTOR AWARDED CONTRACT: SOUTH FLORIDA CONSTRUCTION SERVICES
BID/CONTRACT AMOUNT: $ 14,074.00
COMMENTS: LOW BIDDER
~,
BIDFORM/PGl
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CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID i: 94- 53HR
APPLICANT: ROY LEE HARRIS
APPLICATION i: 93-012HR
PROJECT ADDRESS: 401 SOUTHWEST 10TH STREET
DATE OF BID LETTERS: APRIL 29, 1994
DATE OF BID OPENING: MAY 9, 1994
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $
ALPHA ULTRA INC. $ 20.690.00 less air condition
B & JR CONSTRUCTION $
ARTHUR BADALOO $
CHARLES JACKSON $
CSB CONSTRUCTION $
INTERCONTINENTAL CONSTRUCTION CORP $ 20,470.00 less air condition
HENRY HAYWOOD $
HUMMERT CONSTRUCTION $
MJD CONSTRUCTION SERVICES $
CARLO MERCURIO $
PRESTON CONSTRUCTION $
RAY GRAEVE CONSTRUCTION INC. $
SOUTH FLORIDA CONSTRUCTION $ 20,751.00 less air condition
IN - HOUSE ESTIMATE: $ 20,000.00
CONTRACTOR AWARDED CONTRACT: INTERCONTINENTAL CONSTRUCTION CORP.
BID/CONTRACT AMOUNT: $ 20,470.00
COMMENTS: TO REDUCE THE COST OF THIS PROJECT, THE AIR CONDITIONING UNIT WAS
DELETED FROM THE CONTRACT. THE REDUCTION CHANGED THE LOW BIDDER FROM
ALPHA ULTRA INC., TO INTERCONTINENTAL CONSTRUCTION CORP.
BIDFORM/PGl
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Agenda Item No. ~. O. b
AGENDA REOUEST
Date: OS/25/94
Request to be placed on:
XX Regular Agenda
Special Agenda
Workshop Agenda When: 06/07/94
Description of item (WhO, what, where, how much): Staff requests
Commission Approval of a $15,000.00 expenditure for Chaz Equipment for
emergency manhole replacement, sewer repair & restoration on Foxpointe
circle in the Hamlet. Quotes were solicited from Chaz Equipment,
Johnson-Davis and no response from Molloy Bros. Funding for this expense
is from account #442-5178-536-61.84, R&R, Manhole Rehab.
ORDINANCE/RESOLUTION REQUIRED: JJ_/NO DRAFT ATTACHED JJ_/NO
Recommendation: Staff recommends approval of expenditure for emergency
repairs. IJ/~o'~ s-/~)kt<l ~
DEPARTMENT HEAD SIGNATURE:
. ,
Determination of Consistency with comprehensive Plan:
city Attorney RevieW/Recommendation (if applicable)
Budget Director ReView~quired on all items involving expenditure of
funds):
Funding available ~ NO
Funding alternatives (ij apP0iCable)
Account No. , DescriptionMZ-5r7~-~.101- 'f ifJ;$ ~tfR-}1MJ~l!5
A~count Ba1ance~~.
city Manager Review:
Approved for agenda: ~/NO {~!
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO: David T. Harden
city Manager ~ ~
FROM: Richard C. Hasko, P.E. ~
Deputy Director of Public utilities
SUBJECT: EMERGENCY SEWER REPAIR
FOXPOINTE CIRCLE - THE HAMLET
DATE: May 25, 1994
Attached is an agenda request and copies of quotes received
by Purchasing for the emergency repair of a manhole and
sewer main on Foxpointe circle in The Hamlet. The existing
manhole was deteriorated and the downstream sewer main was
broken causing a blockage and surcharging of the manhole.
Quotes were solicited from Chaz Equipment, JOhnson-Davis,
and Molloy Brothers. They were submitted directly to
Purchasing in the amounts of $15,000.00 from Chaz Equipment,
$16,000.00 from Johnson-Davis with no response from Molloy
Brothers. We are, therefore, requesting approval of a
$15,000.00 expenditure to Chaz Equipment for performance of
the repair work with funding from account
#442-5178-536-61.84, R&R - Manhole Rehab.
It should be noted that this cost is somewhat inflated due
to restoration requirements involved. The subject manhole
was located approximately 2 feet below grade in an existing
chattahoochee finish driveway.
RCH: jem
c: William H. Greenwood, Director of Env. Svcs.
Joe Safford, Finance Director
f: T/F City Manager
?o.5.
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18~5 Dr. Andre's Way, Unit 5 e ..;, II PH: (407) 278-4451
Delray Beach, FL 33445 ~ FAX: (401) 278-5149
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PROPOSAL.
Date; Kay 24, 1994
/' "
f.r.ot:losa~ eubm;M;.~ed Isu. !2~15.. !o ~ pj!'rfQ.~med ~t. :_
City 01 Delrey Beach EmerQ&ncy Repair at
434 S. Swinton Avenue 929 Fox Point Circle
Delrey Beech, FL 33444 Date of Plans: None
ATTN= Mr. Ted Gles
We hereby propose to ~urnish and install t.he following:
1- Remove existing manho~e end install cleanoutat edge of
driveway.
2. Install n~v manhole in asphalt roadway.
,
3. Extend e~isting lateral to new manhole.
4. Remove and replace existing driveways as necessary to
perform work.
5. R&IDOVe and replace existing asphalt roadvay as necessary
to perform work.
The abov~ work to be per~ormed in accordance with verbal
information received from City Officials at job location.
City acknowledges the ~ollowing:'
1. Chattahooohee drive~ay and concrete panel driveway will
not exactly match existing driveway. Panel driveway
r~placement vill utilize preesur~ treated 2 X 4 wood.
2. M. o. T. will be barricading traffic side of excavation.
3. City will obtain n~cessary security gate passes.
4. Work hours will be 7:00 A.M. t.o 6:00 P.M. Monday through
Friday.
5. City vill advis~ home owner to east of existing manhole
that his driveway will be closed during construotion.
6. Sod will be replaced in kind.
7. All _aterials and labor to be furnished by Chez Equipment
Co. Inc.
s. Road restoration to be 8" of base end 1" asphalt.
'.
_....- ~ ._ 11 .,_,'. :"\.oOl'._....., ...,.,~-.;_-:.lL'_..., .......-. ,\'"'",;.' ""-6
- . .'-' -- - -...-
~
9. Slope of extended service will be determined by exiating
pipe elevations and may be substandard. .
10. Work to be performed as follows:
A. All underground york to be performed within 3
working days of rece1pt of manhole O~ loeation o~
underground utilities ~hiohever is longer.
S. Asphal t, dr i vewaya, sod, eto. to be restored within
1 working days of co~pletion of underground work.
TOTAL LUMP SUM PRICE-----------~--------DQllars ($15.000.00)
With payment to be made aa folloYs------30 days of invoice.
Any alteration or deviation from above specifications
involving extra costs will be executed only upon written
order, and will become an extra charge over and above the
Qlirtimete. All agreements contingent upon strikee~ aooidents,
or delaya beyond our control.
"-, Respectfully submitted _
Per
Note~--This proposal may he withdrawn by us if not accepted
vithin t.E>h (10) days.
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ACCEPTANCE OF PROPOSA~
" .
The above prices, specifications and conditions are
satisfactory and are hereby accepted. You are authorized to
do the work as speoified. Payments will be made as outlined
above.
-- '\
SignaturE>
Dat.e: Signat.ure_ ---.-
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4072437166 PURCHH:=; I HC;-I]FF ICE 135 P05 t"lH'Y 25 '94 07:57
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- ~ ~.. - . .' . .... ~ ....
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J - 0
JOHNSON..I)AVIS INC.
HEAVY CON$'liWCTION ~<M"""..w.\ Ut~Clc:::nOnOVNO ~UT'II!!>
eo.c HIlJ..SAA'Tl1 ORlVE
!.ANT AMA. f'l.OJUQA 33482
A07~1170
May 24, 1994
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Mr. Ted Glas
City of Delray Beach
Purchasing Division
100 N.W. 1st Avenue
Dehay Beach. n 33444-
RE: MANHOLE RELOCATION - 929 FOX POINTE CIRCLE
Dear:Mr. Glas,
I
We respectfully submit the following proposal for your considerarioIl- The
quotation was prepared meeting of Tuesday morning May 24. 1994.
Relocate manhole to asphalt, reconnect Iateru and restore.
I
LUMP SUM $16,000,00
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.
Special Conditions:
- Firehydrant meter to be supplied at no charge
I - Concrete and chattabochee is included
, ~ Asphalt repair as required is included
i - Denstty testing is included
- City to supply 'lac-truck prior to construction
- All material descn"bed at jobsite meeting are included
- Cost of all permits are included
~mated start date week of 5130/94
Estimat~ complete date 7 calander days
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Agenda I tern No.: g'.Q.(.p
AGENDA REQUEST
Date: May 26, 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: June 7,1994
Description of agenda item (who, what, where, how much) : Request approval
of Diversified Design Enterprises, Inc. to refurbish gymnasium floor at Pompey Park
in the amount of $16.500 per Bid #94-51. Funds are from the Community Development
Block Grant and should be charged to account #118-1962-554-60.20.
ORDINANCE/ RESOLUTION REQUIRED: YE~ Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: ( i f applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: &/ NO tri
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
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M E M 0 RAN DUM
TO: David ~ City Manager
THROUGH: Joe Sa , nance Director
FROM: Janice Slazyk, BUyer~
DATE: May 31, 1994
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JUNE 7, 1994 -REFURBISHING GYM FLOOR POMPEY PARK
BID *94-51
ITEM BEFORE COMMISSION
The City Commission is requested to approve the Refurbishing of Gym Floor
at Pompey Park from Diversified Design Enterprises at a total cost of
$16,500.00.
BACKGROUND
The Pompey Park Facility is in need of a Refurbished Gym Floor. Funds
for this project are from the Community Development Block Grant and will be
charged to account number 118-1962-554-60.20. (Documentation on file in the
Purchasing Office.) A tabulation of bids is attached for your review.
RECOMMENDATION:
The Purchasing Staff recommends the work be awarded to Diversified Design
Enterprises, Inc. at a total cost of $16,500.00.
Attachments
Memo from Parks & Recreation
Tab Sheet
cc: Joe weldon, Parks & Recreation Director
g.O'b
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[IT' DF DElAR' BER[H
100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
.......
A1I-AnBicaClty
, ~ III!
1993
MEMORANDUM .
TO: Joe Safford
Finance Director
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Bid #94-51 - Refurbishing Gym Floor at Pompey Park
DATE: May 26, 1994
On May 26, 1994 Bid #94-51 was opened for the refurbishing of the
gymnasium floor at Pompey Park. Only one bid was received in the
amount of $16,500 from Diversified Design Enterprises, Inc. Funds for
this project are from the Community Development Block Grant and should
be charged to account #118-1962-554-60.20. Please place this on th'3
June 7, 1994 agenda for City Commission consideration.
Joe
Dir Parks and Recreation
cc:~avid Harden, City Manager
Janice Slazyk, Buyer
Sharon Morgan, Agenda Coordinator
JW:cp
Ref:ppgymflr
THE EFFORT ALWAYS MATTERS
'.
T {:~~\'E: '.31"\1::,r::\
1'3 I D i\HJ, c;, '1 "" ~,',:; ],
(3\(1""/1 F U::JCJF,,. REFURBISHING-POMPEY F' (:i h~ 1<
f) i \o-~ f::~ ;'. .:~i:1. + i fE' d i) (7'~ ::~. :1. q n
r:: r.l to. E.~ r. r:!!~ OJ .::::.I?~::l .:::;. I r.!c "
FI"lfTl i ~:;h ,:'1, 11 ,1, dbC)r.' ,i (~:.:I C1 1...1. :i. p iT! (~:.:. f'j t.: ,~,.. "<""'-
d!'ic! matev..iaJ.s .to cClmp:loete t,h,'::!
f'" F:.' + t.l. !t--!::> :i. ~:; h :i. n (] .'. . (.3 '::l In F'l CJ l.] t.o. .:'::\ ~.'''.
LJT
Fl C) (0 r.! (.:: '/' !.:',:)I'" i':,,,
t) ',1. ,:::', r'j t :i t,,/ L;, :.! tJ :~::; ~;? ~:::.q I: + t:." it: J ,i~ ': :5fi.%J " {/liZl
f"1 ~:':1, (.! i...l. -f .:'::01, c: t... l...!. i.- E: !~.. ~'''i '''-.
~;::. p (.:.~~!: : :J. + i E,:' c) ..
1\.1 C) " (J+ I ),;:,'.',j'"". Of"r"j !.o, ,"iinp 1. t.:~ t~ {::.\ ..:;,lil cl.::':).'/~:;
~:-\+ tF:~~'" '\,Ie);:, i c:: c: t:. \:j F'\j"" ()C f::!€':~(:\
,
, . .
Bid # 94-51 Refurbishing Gym Floor-Pompey Park
Due May 26, 1994
Purchasing received one bid from:
Diversified Design Enterprises Inc. $16,500.00 .
Seven (7 ) Bids were mailed out.
The six (6) vendors who did not respond have been contacted.
1- Allied Bleacher Association - no bid do not do this type
of work.
2. T.L.I. Inc. - no bid do not do this type of work.
3. Martin Surfacing - no bid. This firm is located out of
Maryland and could not see the existing gym floor to bid,
4. Hubbell Enterprises - Bid Received Too Late. - 5/31/94
Returned with letter attached. (Bid was for $17,600.00)
5. Sahara Diversified - no bid no time.
6. Lotspeich Co. of Florida - no bid do not do this type of work.
/'
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtl(/"(
SUBJECT: AGENDA ITEM i CJA - MEETING OF JUNE 7. 1994
,
REPORT OF APPEALABLE LAND USE ITEMS
DATE: JUNE 3, 1994
Attached is the Report of Appealable Land Use Items for the
period May 16 through June 3, 1994. It informs the Commission of
the various land use actions taken by the designated Boards which
may be appealed by the City Commission.
Recommend review of appealable actions for the period statedj
receive and file the report as appropriate.
f? ECE/ 'UEf) q- t- / E-L>
6-0
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: D~. HA~EN, CITY MANAGER
t,!\.~J~~~'I\JJ "\
THRU: DI E DOMIN UEZ, DIR
DEPARTMENT OF PLANNI ZONING
F I
FROM: INS, ASSISTANT PLANNER
SUBJECT: MEETING OF JUNE 7, 1994
REPORT OF APPEALABLE LAND USE ITEMS
MAY 16, 1994 THRU JUNE 3, 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 May 16, 1994, through June 3, 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.
.
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City Commission Documentation
Appealable Items - Meeting of June 7, 1994
Page 2
PLANNING AND ZONING BOARD REGULAR MEETING OF MAY 16, 1994:
1- Approved (6 to 0) an internal adjustment to reduced
side street setbacks fe~ 15' to 14' for Block 3, Lot
1, of the Windy Creek Subdivision.
The Planning and Zoning Board also considered the following
items which will be forwarded to the City Commission for final
action:
* Recommended (6 to 0) initiation of a small scale
Future Land Use Map Amendment (Advisory Designation)
for the DiMarzio Property, located on the north side
of W. Atlantic Avenue, west of Homewood Boulevard.
* Recommended (6 to 0) initiation of Comprehensive Plan
Amendment 94-2.
* Recommended (7 to 0) denial of a City-initiated
Rezoning from MIC (Mixed Industrial and Commercial) to
LI (Light Industrial), for 10 parcels located on the
east and west sides of Congress Avenue, north of
Atlantic Avenue.
* Recommended (7 to 0) initiation of a Text Amendment to
the MIC (Mixed Industrial and Commercial) zoning
district.
* Recommended (7 to 0) denial of a proposed rezoning
from R-1-AAA to R-1-A-B for a portion of Lot 8, Block
3, of Lake Ida Shores, located on the west side of NW
8th Avenue, south of Lake Shore Drive.
* Continued (7 to 0) consideration of a proposed Text
Amendment to the LDRs providing limitations on the
size and height of accessory structures in residential
zoning districts.
* Recommended (6 to 1) approval of a proposed Text
Amendment to the LDRs regulating the use of
non-conforming lots of record.
* Recommended (7 to 0) approval of a proposed Text
Amendment to the LDRs adding auctions as a accessory
use in the MIC zoning district.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MAY 18, 1994
A. Approved (5 to 0) elevation and color changes for the
Gracey - Backer Building, located on the northeast
corner of Atlantic Avenue and NE 5th Avenue.
.
City Commission Documentation
Appealable Items - Meeting of June 7, 1994
Page 3
B. Approved (5 to 0) , with conditions, elevation and
color changes associated with a Non-impacting Site
Plan Modification for Meineke Muffler, located on the
southwest corner of SE 6th Avenue and SE 9th Street.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JUNE 1, 1994
C. Approved (6 to 0) an elevation change for an awning
addition to Bennett Auto Supply, located on the
southwest corner of Atlantic Avenue and Congress
Avenue.
D. Approved (6 to 0) a color change for a triplex at 10
Eastview Avenue, located on the north side of Eastview
Avenue, east of Federal Highway.
E. Approved (6 to 0) a change of elevations for Meisner
Electric (Ocean City Lumber), located at the southeast
corner of NE 2nd Avenue and NE 1st Street.
F. Approved (6 to 0), with conditions, a major site plan
modification, landscape plan, elevations, and waivers
of required provision of sidewalks and additional
right-of-way for Professional Insulators, located on
the east side of Swinton Avenue, south of Southridge
Road.
F. Approved (6 to 0), with conditions, a minor site plan
modification, reduction of required parking from 27 to
25, landscape plan, and elevations for an addition to
St. Onge Medical Building, located on the southeast
corner of Atlantic Avenue and Whatley Road.
HISTORIC PRESERVATION BOARD MEETING OF MAY 18, 1994
R. Approved (6 to 0) , with conditions, a Certificate of
Appropriateness, Minor Site Plan Modification, and
Landscape Plan for the addition of a 19 space parking
lot for Doc's Soft Serve, located at 10 W. Atlantic
Avenue (northwest corner of Atlantic Avenue and
Swinton Avenue).
S. Denied (4 to 2) a Certificate of Appropriateness for
replacement of the existing concrete tile roof with
fiberglass shingles for Mariposa Adult Care Home,
located at 48 SE 1st Avenue (northwest corner of SE
1st Avenue and SE 1st Street).
T. Approved (6 to 0) a Certificate of Appropriateness for
replacement of the existing concrete tile roof with
fiberglass shingles for the Rudderman residence, an
existing single family residence located at 701 NE 3rd
.
city Commission Documentation
Appealable Items - Meeting of June 7, 1994
Page 4
Avenue (east side of NE 3rd Avenue, south of George
Bush Boulevard).
U. Approved (6 to 0) , with conditions, a Certificate of
Appropriateness for construction of an attached
garage, handicap ramp and driveway to the Cross
residence, an existing single family home at 354 NE
1st Avenue (southwest corner of NE 1st Avenue and NE
4th Street).
V. Approved (4 to 2) a Certificate of Appropriateness for
additions to the Echols residence, an existing single
family home located at 160 Marine Way (northwest
corner of Marine Way and SE 2nd Street).
Approved (6 to 0) a Certificate of Appropriateness for
construction of a new single family residence on a
vacant lot of record north of and adjacent to the
Echols residence, an existing single family home
located at 160 Marine Way (northwest corner of Marine
Way and SE 2nd Street).
W. Continued (6 to 0), a request for Certificate of
Appropriateness for construction of the Stone
residence, a new single family residence to be built
on a vacant lot of record west of and adjacent to 102
NE 8th Street (south side of NE 8th Street, between
Swinton Avenue and NE 2nd Avenue).
HISTORIC PRESERVATION BOARD MEETING OF JUNE 1, 1994
x. Approved (4 to 0), with conditions, COA 8-228 for a
plot plan for the relocation of two historic houses to
a vacant lot on N. Swinton Avenue.
Y. Approved (4 to 0) COA 8-230 for a sign for the
Backroom Lounge, 16 E. Atlantic Avenue.
Z. Denied (4 to 0), COA 8-S-049, for the addition of an
aluminum carport at the Zurro Residence, 603 SE 4th
Street.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
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LOCATION MAP FOR
CITY COMMISSION MEETING
OF JUNE 7, 1994
L-30 CANAL
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CIJY L1W1T'S --.-.-.-.. /it.. - GRACEY-BACKER BUILDING R. - DOC'S I'ARI<lNG LOT
B. - MEINEKE t.lUFFLER S. - MARIPOSA ADULT CARE HOME
UILf I C. - BENNrn AlTTO SUPPLY T. - RUDOERMAN RESIOENCE
I O. - 10 EAST VIEW AVENUE U. - CftOSS RESIDENCE
I Eo - MElSER ElECTRIC V. - ECHOLS RESIDENCE
SCALE F. - PROFESSIONAL INSULATORS W. - STONE RESIDENCE
N C. - ST. ONGE MEDICAl. BUILDING X. - HISTORIC HOUSES
Y. - BACKROOM LOUNGE
- Po & Z. . Z. - ZURRO RESIDENCE
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CITY OF' tlEJ.RAV KACH. FL 1. - WINDY CREEK
PI.AKHlMG DEPW'UEKT
-- DK1ITAL 84S'E J/IIP SYSTEM --
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t;;V)
SUBJECT: 'AGENDA ITEM i qB - MEETING OF JUNE 7. 1994
RESOLUTION NO. 45-94
DATE: JUNE 3, 1994
This is a resolution amending Resolution No. 94-93 which made
appropriations of sums of money for all necessary expenditures of
the City for the Fiscal Year 1993-94, by setting forth the
anticipated revenues and expenditures for operating funds of the
City.
Recommend approval of Resolution No. 45-94.
QpflU~d 6-0
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RESOLUTION NO. 45-94 i
A RE,SOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 94-93
WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH,
FLORIDA, FOR THE FISCAL YEAR 1993-94, BY SETTING
FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR
THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR
1993-94; TO REPEAL ALL RESOLUTIONS INCONSISTENT
HEREWITH.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1. of Resolution No. 94-93 is
hereby repealed, and a new Section 1. is enacted and amended to read
as follows:
That the following sums of money, attached hereto and marked
Exhibit "A", are hereby appropriated upon the terms and conditions
herein set forth.
Section 2. That, subject to the qualifications contained in i
this resolution, all appropriations made out of the General Fund are
declared to be maximum, conditional, and proportionate appropriations,
the purpose being to make the appropriations payable in full in the I
amounts herein named if necessary and then only in the event the I
aggregate revenues collected and other resources available during the
period commencing the 1st day of October, 1993, and ending the 30th
day of September, 1994, for which the appropriations are made, are
sufficient to pay all the appropriations in full. Otherwise, said
appropriations shall be deemed to be payable in such proportion as the
total sum of realized revenue of the General Fund is to the total
amount of revenues estimated by the City Commission to be available in
the period commencing the 1st day of October, 1993, and ending the
30th day of September, 1994.
Section 3. That all balances of the appropriations payable
out of the General Fund of the City Treasury unencumbered at the close
of business on the 30th day of September, 1993, except as otherwise
provided for, are hereby declared to be lapsed into the City Treasury
and may be used for the payment of the appropriations which may be
made in any appropriation for the fiscal year commencing the 1st day
of October, 1993, provided, however, nothing in this section shall be
construed to be applicable to unencumbered balances remaining to the
credit of the Water and Sewer Fund, Sanitation Fund or any Fund
i created by the setting up of special revenue, but such balances shall
be used in financing the proposed expenditures of these Funds for the
fiscal year commencing the 1st day of October, 1993.
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Section 4. -That no department, bureau, agency or individual
receiving appropriations under the provisions of this resolution shall
exceed the amQunt of its appropriation, except with the consent and
approval of the City Commission first obtained; and if such
department, bureau, agency or individual shall exceed the amount of
its appropriation without such consent and approval of the City
Commission, the administrative officer or individual, in the
discretion of the City Commission, may be deemed guilty of neglect of
official duty and may be subject to removal therefor.
Section 5. That nothing in this resolution shall be
construed as authorizing any reduction to be made in the amounts
appropriated in this resolution for the payment of interest on, or
retirement of, the debt of the City of Delray Beach, Florida.
I
Section 6. That none of the monies enumerated in this
resolution in connection with the General Fund, Water and Sewer Fund,
Sanitation Fund or any other Fund of the City shall be expended for
any purposes other than those for which they are appropriated, and it
shall be the duty of the Budget Administrator and/or Finance Director
J to report known violations of this section to the City Manager.
i
Section 7. That all monies collected by any department,
bureau, agency or individual of the City government shall be paid
i promptly into the City Treasury.
i
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Section 8. That the foregoing budget is hereby adopted as
the official budget of the City of Delray Beach, Florida, for the
aforesaid period. However, the restrictions with respect to the
expenditures/expenses of the funds appropriated shall apply only to
the lump sum amounts for classes of expenditures/expenses which have
been included in this resolution.
Section 9. That public hearings were held on the tax levy
and the budget on September 14, 1993, and September 28, 1993.
Section 10. That this resolution shall be effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 7th day of
June, 1994.
ATTEST: ~~
() I;NJYl 'ff!l ~ !V.L~ /.In tlf
~ty Cle
- 2 - Res. No. 45-94
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BUDGET SUMMARY
EXHIBIT A
SPECIAL INTERNAL
GENERAL ENTERPRISE REVENUE SERVICE
FUND FUNDS FUNDS FUNDS TOTAL
CASH BALANCES BROUGHT FORWARD 33,080 6,484,271 19UJlO 18,911 6,734,172
ESTIMATED REVENUES:
TAXES Millages
AD VALOREM TAXES 6.86 16,130,930 16,130,930
AD VALOREM TAXES 1 14 2,514,800 2,514,800
AD VALOREM-DELINQUENT 89,000 89,000
AD VALOREM- ODA 1 00 30,450 30,450
Sales & Use Taxes 1,280,000 1,280,000
Franchise Taxes 2,~j99,560 2,599,560
Utility Taxes 4,360,000 4,360,000
Licenses & Permits 1,467,010 1 ,467 010
Intergovernmental 4,199,350 1,600,782 6,118,175 11,918,307
Charges for Services 2,114,750 22,245,640 24,360,390
Fines & Forfeitures 251,500 123,690 375,190
Miscellaneous Revenues 2,235,250 438,130 139,340 70,000 2,882,720
Other FinanCing Sources 13,537,095 50,000 727,950 14,315,045
TOTAL REVENUES AND OTHER
FINANCING SOURCES 50,809,695 22,733,770 2,591,762 6,188,175 82,323,402
TOTAL ESTIMATED REVENUES
AND BALANCES 50,842,775 29,218,041 2,789,672 6,207,086 89,057,574
EXPENDITURES/EXPENSES:
General Government Services 5,147,348 5,147,348
Public Safety 21,419,876 129,910 21,549.786
Physical EnVironment 299,679 15,693.763 15,993,442
Transportation 1,243,407 1,243,407
Economic EnVironment 446,522 2,053,172 2,499,694
Human Services 185,470 185,470
Culture & Recreation 5,256,704 1,998,078 306,140 7,560,922
Intergovernmental Service 76,950 6,177,451 6,254,401
Debt Service 13,788,305 4,371,620 18,159,925
Other Financing Uses 2,410,950 6,824,498 300,450 9,535,898
TOTAL EXPENDITURES/EXPENSES 50,275,211 28,887,959 2,789,672 6,177,451 88,130,293
Reserves 567,564 330,082 0 29,635 927,281
TOTAL EXPENDITURES AND RESERVES 50,842,775 29,218,041 2,789,672 6,207,086 89,057,574
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Agenda I tern No. : 'I E3
l\GENDA REQUEST
Da te : 05-10-94
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 05-17-94
Description of agenda item (who, what, where, how much):
Mid-year Budget Resolution for Fiscal Year 1993-94 ( RE..~ . YS -q4)
ORDINANCE/ C~REQUlRED: @NO Draft Attached: YES@
Reconunenda tion: Approval is recommended by the Finance Director
----- ,
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Department Head Signature: 1--",' ',-j~ S )0. ~~
" "-
Determination of Consistency with Comprehensive Plan:
n/a
City Attorney Review/ Recommendation (if applicable):
n/a
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alt~rnatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
MID YEAR BUDGET AMENDMENT
GENERAL FUND REVENUES
TAXES
001 0000-311 1000 Ad Valorem Tax (62,000) Based on reduction In Taxable Value. Projections for Discounts, Warrants.
& SUits are based on prior year history
no 1 0000-31 1 20 00 Del Ad Valorem (61,000) Based on prior 2 yr history of % of prior yr receivable collected In current
(123,000) year
FRANCHISE
001 -0000-313. 10-00 FranchlsecFPL 80,000 ElectriC Usage IS higher than anticipated
001-0000-313.20-00 F ranchlse- Telephone 4,440 Based on actual one tllne payment
001-0000-313.40-00 Franchise-Gas (7,000) Based on current rale of collection
001-0000-31 3.50-00 Franchise-Cable TV 10,000 Based on current rate of collection
87,440
UTILITY TAXES
001-0000-314. 10-00 Utll Tax-Electric 40,000 ElectriC Usage IS higher than anticipated
001-0000 -314 20-00 Utll Tax So Bell 20,000 Telephone sales are better than anticipated
001-0000-314.21-00 Utll Tax-Other Telephone (6,000) Other Tele-Cornm sales less than expected
001-0000-31440-00 UtII Tax-Gas (13,000) Based on current rate of collection, Gas sales less than expected
41,000
LICENSES & PERMITS
001-0000-321 . 1 0-00 Occupational license 15,000 Based on receipts to date plus last year's receipts for time remaining
001-0000-322.10-00 Building Permits 30,000 Based on Projected projects coming on line,
001-0000-322 20-00 Electrical Permits 10,000 Based on current rate of collectlon/Pr Yr History
001-0000-322.40-00 Sign Permits (10,000) "
001-0000-322.50-00 AC/Heat Permits 15,000 "
001-0000-329.22 -00 Roof Permits 5,000 "
001-0000-329.27 -00 Tree Permits 8,000 "
001 -0000-329.35-00 Mise Pemllts 6,000 "
79,000
INTERGOVERNMENTAL
001-0000-335 11-00 Cigarette Tax (5,000) "
0010000-335 12-00 State Rev. Sharing 62,000 "
()(J 1 (JOOO -33tJ 13-00 Sales Tax Call (20,000) "
001 0000-33820-00 Occupational Llc-County (5,000) "
0010000-339.1000 HOUSing Auth-PILOT 4,450 Based on one time actual payment.
36,450
CHARGES FOR SERVICES
001-0000-34121-00 Zoning Fees 10,000 Based on current rate of collection
001-0000-341 .23-00 Plat Approval 7,500 "
001-0000-341 .30-00 Sale of Maps & Publications 1,000 "
001-0000-341.90-00 Other Gen Gov't Charges 5,000 "
001-0000-343.81-00 NUls Abate/Admin Rec, Fee (5,000) Reduction due to new Code Enforcement Program.
001-0000-343.86-00 Accounts Receivable (24,000) Reduction due to new Code Enforcement Program.
001-0000-344.51-00 Parking Fees (10,000) Based on current rate of collection plus estimated for remaining months
001-0000-347.24-00 Pompey Park (5,000) Revenues are now gOing to fund 115 expenses Re Teen SOCials
001-0000-347.25-00 Recreational Facility rental 9,000 Due to change In accounting of weekend rentals: rev's now consolidated
001-0000-347.31-00 TenniS Memberships (7,500) Based on receipts to date plus last year's receipts for time remaining
001-0000-347. 38-00 TenniS Gen Admission (16,500) "
001-0000-347 79-00 Sale of Mdse. (10,000) Not carrYing as large of inventory as Foster. Program did not start until Nov
(45,500)
FINES & FORFEITS
001-0000-351 90-00 Penallies on Ad Valorem (17,000) Interpolation based on penalties collected on prior yr delinquent tax receipts
001-0000-359.20-00 Bldg Relnspectlon Fee 4,000 Based on current rate of collection
001-0000-359.21-00 Penalty-No Bldg Permit (19,000) Based on current rate of collection, more compliance from bUilders
(32,000)
.
MID YEAR BUDGET AMENDMENT
GENERAL FUND REVENUES
MISCELLANEOUS
001-0000-361 01-00 Interest fr Tax Collector (33,000) Based on last year's rate of 20% of the projected collection
001-0000-361 10-00 Interest on Investments 80,000 Better than expected Ifltel est rates
001-0000-362 32-00 Tennis StadIum 9,600 Rental fees from commercIal production
001-0000-364.40-00 Sale of Surplus Property 3,440 Based on actual receipts
001-0000.362.50-00 Commission on Ramblln Rose 2,000 Correction from Rambllfl Rose- Rents
001-0000-362 51-00 Rambhn Rose Riverboat-Rent (2,000) Minus CommisSion
001-0000-366.06-00 E. Foster Pro Court 15,000 Donation by former Tennis Center Member
001-0000-369.99-00 Mlsc Revenue 14.000 Based on current rate of collectIOn
89,040
OTHER FINANCING SOURCES
001-0000-381.75-00 Auburn Trace 155,600 Note payments received by Auburn Trace.
155,600
288,030
.
Summary of Adjustments
Expenditures By Department
FY 93/94
City Manager $4,755 Budget Merit Increase,
Human Resources (8,440) Reduction in ICMA and Health Benefits for Interim
Director.
Public Information 715 Budget annual mamtenance for Risograph,
City Clerk (4,500) Reduce Election expenses,
Finance 405 Balance negative accounts,
Purchasing (9,260) Reduce vacant Purchasing Officer's surplus salary, less
termination pay,
City Attorney 1,000 Increase in electric, Original budget estimated for the
new facility,
Admin Services (10,453) Reduce vacant Office Assistant salary less termination
pay and Part-time help, decrease in utility accounts:
purchase of a new laser printer.
MIS (3,371) Reduction in operating and capital accounts,
Police 140,110 Administration: Final payment to terminated
Captain($35,000); fundlllg of Janitorial Service: reduction
of several operating accounts,
Support: Decrease in salaries from vacancies to fund
overtime and part-time expenditures: reduction of several
operating accounts.
Investigation: Decrease in salaries for vacant Officer to
fund increase in Clothing Allowance per new contract
Several operating accounts were reduced to fund the
increase in Vehicle Maintenance of $48.000,
Patrol: Increase In Vehicle Maintenance of $63.000,
The Department has substantially reduced the operating
accounts to fund the $118,150 needed in the Vehicle
Maintenance accounts, The remaining balances in
equipment maintenance will be sufficient for the
remaining 4 months with a reduction in a number of
planned purchases,
Fire 373 Surpluses in the personal services of each division were
reduced to offset Termination Pay in the Administrative
division,
Planning & Zoning (3,050) Surplus personal services accounts
Community Improvement (4,210) Surplus personal services, less minimal increases in
vehicle maintenance,
Engineering (371) Balance operating accounts, surplus in electric,
.
Public Works 7.603 Surpluses resultlllg from vacancies offset payments for
Termination Pay and mcreases in the Vehicle
Maintenance accounts,
Parks & Recreation 20,857 Surpluses resulting from attntion offset Termination
Pay's, Overtime at Pompey Park and various Operating
expenses, Additional funding in the amount of $46.300 is
required for Vehicle Maintenance, Additional surplus
funds resulted from Contracts that were budgeted for the
entire year for maintenance at Currie Park and Atlantic
High School. Adjustments include the payment of Water
& Sewer Connection Fees at Miller Park $18,532 and
Lake Ida Park $2.042,
Cemetery 23,680 Increases for Overtime, Temporary Services and
Irrigation Maintenance, Includes payment of Water &
Sewer Connection Fees of $18,180,
Debt Service (251,570) Interest was less than anticipated due to the refunding of
some of the 1990 General Obligation Bonds, ($153,720),
Tennis Center interest was overestimated due to
conservative estimates for both Draws and Interest
($97.850),
Transfers (38,548) Actual payment to CRA reduced based on final assessed
valuations($48,548), Transfer of $10,000 to the General
Construction Fund for the Beautification of Pelican
Harbor entrance
.
MID YEAR BUDGET AMENDMENT
OTHER OPERATING FUNDS
PUBLIC SAFETY -LAW ENFORCEMENT TRUST FUND
112-2172-521 12-10 Regular Salaries 1,700
112-2172-521,23-10 life Insurance (40)
112-2172-521.23-20 Disability Insurance 40
112-2172-52141-15 Portable Radio/Beeper (2,830) No expenses for this divIsion
112-2172-521.46-20 Equipmen,t Maintenance (600) No expenses for this divIsion
112-2172-52142-10 Postage (400) Surplus
112-2172-521.52-20 General Operating Supplies 2,130 Additional supplies for DARE, Kids & Cops and Crime Prevention Programs
0
CULTURE/RECREATION-BEAUTIFICATION TRUST FUND
119-0000-301 19-00 Pnor Year Surplus 28,570
1190000-381.43-00 Rec'd fr Sanitation 9,000 To fund weekly scheduled trash pick up on Atlantic Ave
119-0000-361 10-00 Interest on Investments 2,000 Onginally unbudgeted
39,570
119-4144-572.12-10 Regular Salaries (2,500) Vacant General Maintenance Worker
119-4144 -57214-1 0 Overtime 20,200 Weekly scheduled trash Pickup on AtlantiC Ave $9,000, Landscape malnten
for contract areas $11,200
119-4144-572.21-10 FICA 1,500
119-4144-572.23-10 life Insurance (60)
119-4144-572.23-20 Disability Insurance (70)
119-4144-572.52-26 Gardening Supplies 4,200 Planting annuals on E AtlantiC Ave, planting N. Congress Ave, mulch for c
areas and fertilizer
119-4144-57246-90 Other Repair Maintenance 14,600 Rust-off and well repairs
11 9-4144-572 46-4 5 Irrigation Maintenance 1,700 Irrrgallon materials and expense
39,570
ECONOMIC ENVIRONMENT-COBO
118-0000-301 , 18-00 Prior Year Surplus 36,241
118-1962-554.63-40 Recreation Improvements 36,241 Historic Marker Project & assist in lighting of Pompey Tennis Courts if nece~
118-0000-33103-00 HOPE 3 Implementation Grant 430,000 Appropnation of Grant Funding
118-1922-554.31-90 Other Professional Services 6,000 Property Management and Holding Costs
118-1922-55449-19 Housing Rehabilitation 101,100 r~ehabllltation of acquired properties
118-1922-55449-90 Other Current Charges 22,200 Administrative Costs
118-1922-554.61-10 Land AcquiSition Costs 287,800 AcquiSitIOn of Eligible Properties and Closing Costs
118-1922-554.83-01 Other Grants & Aid 12,900 Financial ASSistant to Homebuyers
430,000
118-1965-554.63-11 Blkepaths/Sidewalks (15,851) Balance in project to Emergency Repairs
118-1963-554.62-08 Emergency Repairs 15,851
PHYSICAL ENVIRONMENT -STORMWA TER
448-0000-366-15-00 Comb - Tropic Harbor 10,430 Reconnect AlC coolant water discharge IlI1es
448-5411-538 63-32 TropiC Harbor Drainage 10,430
448-5411-538 41-10 Telephone Expense 210 Originally unbudgeted
448-5411-538_ 42-1 0 Postage 50 "
448-5411-538_ 31-90 Other Professional Services (1,500) To fund Vehicle Maintenance
448-5411-538.49-90 Other Current Charges 100 Postage expense from Tax Collector
448-5416-538.46-30 Vehicle Maintenance 7,000
448-5416-53846-90 Other Repair & Maintenance (4,360) To fund Vehicle Maintenance
448-5416-538.52-10 Fuel/Lube Vehldes (1,500) "
0
,
MID YEAR BUDGET AMENDMENT
OTHER OPERATING FUNDS
PHYSICAL ENVIRONMENT-SANITATION FUND
433-0000-361 10-00 Interest on Investments 3,000 Orlglndlly unbudgetect
433-0000-343.43-00 Franchise-Waste Mgmt 3% 27,300 Based on actual receipts
30,300
'l:n371153'l9901 Project Reserve 21 ,300
433'1111-5B 1 ~10-19 r ransfer to Beautification 9,000 To cover overtime for weekly scheduled trash pick up on AtlantiC Ave
30,300
CUL TURE/RECREATION-CITY MARINA
4?6 -OO()(J-34 7 B2-00 Late Fee 650 Based on actual receipts
426-0000-361 1000 Interest on Investments 1,800 Onglnally unbudgeted
426-0000-369.99-00 Miscellaneous Revenue 100 Manna Sales r ax Collection
2,550
426-4311-581 99-01 Project Reserve 2,550
PHYSICAL ENVIRONMENT-WATER & SEWER FUND
441-0000-343.52-00 Sewer Connection Charges 92,000 Based on current receipts, at ITlIrlIrnUm have been $20,000 per month
441-0000-343-33-00 Meter Installations 60,000 Collections from $16,000-20,000 per month
441-0000-343-55-00 Other Income 2,000
154,000
Administration
441-5111-53631-10 Legal 7,000 AddItional actual expenses for AeroDn
441-5111-536.34-90 Other Contractual Services 335
441-5111-536.46-10 Building Maintenance (5,000)
441-5111-53651-10 Statlonary/Paper/Forms (400)
441-5111-53651-20 Office EqUIpment <500 1,000
441-5111-536.51-90 Other Office Supplies (100)
441-5111-536.52-10 Medical 55
Water Treatment & Storage
441-5122-53612-10 Regular Sa lanes (1,120)
441-5122-53612-30 Termination Pay 1,720
4415122-53634-90 Other Contractual Service (25,000) Surplus from Alternative sludge site
0141~) 122,536 4630 Vehicle Maintenance 8,000
0141-5122-536 52-10 I uel/Lube Vehicle 800
Water Dlstnbution
441-5123-536 34-90 Other Contractual Service (1,000)
441-5123-536.46-30 Vehicle Maintenance 10,000
441-5123-536.52-10 Fuel/Lube Vehicle 2,000
441-5123-536.52-20 General Operating Supplies (1,500)
Wastewater Collections
441-5141-536.46-30 VehIcle Maintenance 10,000
441-5141-536.52-20 General Operating Supplies (4,000)
Water Maintenance
441-5143-536,52-10 Fuel/Lube Vehicle 200
441-5143-536.46-10 Building Maintenance (2,000)
441-5143-536.54-30 Training & Education Costs 70
.
MID YEAR BUDGET AMENDMENT
OTHER OPERATING FUNDS
WATER & SEWER FUND CONT'D
Liftstation Maintenance
441-5144-536.43-10 Electncity ( 10,600)
441-5144-536.43-20 Water & Sewer 400
441-5144-536.43-25 Irrigation Water 200
441-5144-53646-30 Vehicle Maintenance 1 0,000
Transmission & Storage Projects
441-5181-536 99-01 Project Reserve 92,000 Addition Sewer Connection Revenues
441 ~6511-58199-02 Contingency 61,540
154,000
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf/V1
SUBJECT: AGENDA ITEM # CJc, - MEETING OF JUNE 7. 1994
SERVICE AUTHORIZATION NO. 2/DIGBY BRIDGES. MARSH &
ASSOCIATES
DATE: JUNE 3, 1994
This is before the Commission to consider Service Authorization
No. 2 in the amount of $29,500 to Digby Bridges, Marsh and
Associates for additional compensation due to plan changes to .the
Golf Course Clubhouse project. At the May 17 regular meeting,
this item was tabled to June 7 for consideration by the full
Commission.
It had not been anticipated that site drainage was inadequate and
needed additional work, that separate toilet facilities would be
necessary for the golfers and banquet patrons, and that new china
and cutlery for 300 patrons was to be included in the
construction budget discussed by the Commission. As a result,
the size of the building had to be reduced to get the project
cost below the ceiling set by the Commission.
The current cost estimate for the completed project is
$2,192,074. This figure includes Service Authorization No. 2 at
$34,000. Funding is available from Golf Course Clubhouse/
Engineering & Architecture (Account No. 445-4763-572-31.30) . The
savings of $4,500 will be added to the contingency allowance.
Recommend approval of Service Authorization No. 2 to Digby
Bridges, Marsh and Associates.
VJ? otio-n I;; ~ ~H1G&:J (5&d-
(~~ . 0/ ;i;/J~ ~)
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f11
SUBJECT: AGENDA ITEM i Cf8 - MEETING OF MAY 17. 1994
SERVICE AUTHORIZATION NO. 2/DIGBY BRIDGES. MARSH &
ASSOCIATES
DATE: MAY 13, 1994
This is before the Commission to consider Service Authorization
No. 2 in the amount of $29,500 to Digby Bridges, Marsh and
Associates for additional compensation due to plan changes to the
Golf Course Clubhouse project.
It had not been anticipated that site drainage was inadequate and
needed additional work, that separate toilet facilities would be
necessary for the golfers and banquet patrons, and that new china
and cutlery would be needed for 300 patrons. In addition, a new
pro shop was not within the original project scope.
The current cost estimate for the completed project is
$2,192,074. This figure includes Service Authorization No. 2 at
$34,000. The savings of $4,500 will be added to the contingency
allowance.
Recommend approval of Service Authorization No. 2 to Digby
Bridges, Marsh and Associates.
(iaJKufL & 6/7/9tf
F ~ ~
.
C-
Agenda Item No. ~~
AGENDA REQUEST
Date: May 10, 1994
Request to be placed on:
X Regular Agenda
-- -- Special Agenda
Workshop Agenda When: May 17, 1994
Description of item (who, what, where, how much): Staff request
city commission consider additional compensation in the form of
Service Authorization #2 to the contract with Diqbv Bridqes. Marsh
& Associates in the amount of $29.500.00. This is to cover
additional services reflectinq desiqn changes in order to comDlv
with the established budaet for the Delrav Beach Golf Course
Clubhouse project. Funding is available in account number 445-
4763-572-31.30.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Service Authorization
Department head signature: (,..)~ ~ "Ift'f
Determination of Consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds): ~l
Funding available :~/NO
Funding alternatives (if applicable)
AccountNo. &DeSCriP~io~,;t20t(-t:;;;7~) f!l.t'm1!F~-EN{ry.f
Account Balance --m ~ tIIL-a'tN ;; OF 1.-.1 ~ J It ecAi '
,-
ci ty Manager Review: J::.", '
Approved for agenda: &/NO t~(.,)
Hold until: . I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: -J'fr/:;/E.D -1-0 ~/7/9.Lf k ~ ~
Approved/Disapprov V
\esd\9318\agreq517
,
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager ~
From: ~ William H. Greenwood
Director of Environmental Services
Date: May 10, 1994
Subject: Agenda Request, Delray Beach Golf Course Clubhouse
Service Authorization #2, Digby Bridges, Marsh &
Associates
Project Number 93-18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff requests City Commission consideration of Service
Authorization #2 (see attachment A) to the contract with Digby
Bridges, Marsh & Associates, in the amount of $29,500.00. This is
for additional compensation to cover plan revisions following
review of project and compliance with established budget.
The project Request for Qualifications (RFQ),(see attachment B),
indicated that the consul tant was to provide a design which
provided approximately 15,000 square feet, including accommodations
for a banquet facility of approximately 300 people. Additionally,
Service Authorization #1 (see attachment C) , directed the
consultant to provide the City with a plan for the new Golf Course
Clubhouse of z 15,000 square feet, including banquet facility for
300 persons.
Beginning on January 25, 1994 City staff and the consultant have
met weekly to review the progress of the plan which was further
defined to meet the requirements of the city commission and the
practical operational needs of the operator. At these meetings,
various issues were raised by the consultant which have had an
impact on the cost of the project. Some of these were not
anticipated in the beginning, such as:
A. The consultant anticipated keeping the existing site
elevations as is, however after surveys were provided and
topographic data became available, it was evident that
the site drainage was inadequate and needed additional
work. This represented over $100,000.00 in additional
cost.
B. The pro-shop was to have remained at the current size,
however this was enlarged to meet the real needs of the
sales area.
C. Separate toilet facilities became necessary for the
golfers vs. the banquet patrons, thus increasing the cost
of plumbing and finishes.
.
D. The cost of new china and cutlery for 300 patrons was not
indicated as part of the original budget, but is now
included.
These comments, and others, which in the opinion of City staff make
for a better product, clearly have had an impact on the overall
cost of the project. Detailed minutes of these weekly meetings
have been kept, and are available for review.
Following numerous reviews, and adjustments made to the plan, the
consultant was able to determine the cost, and on April 20, 1994
the consultant presented his first detailed cost estimate in the
amount of $2,542,458.00. This was in excess of the established
budget of $2,200,000.00. The consultant met with city staff and
then with City Commission and was directed to make whatever
revisions required to come within the budget, while maintaining as
much as possible the required areas and seating capacity.
Following this meeting the consultant has met with staff and
changes were made to the plan which still provides the basic
requirements of the program, while reducing the cost of the project
to be within the required budget. The current estimate is at
$2,192,074.00 (see attachment D). This figure includes the
additional $29,500.00 for Service Authorization #2, but is
indicated at $34,000.00 since it was done prior to our final
negotiated price and will be adjusted accordingly.
The City Attorney has made reference to Section II, paragraph D
(see attachment E), as sufficient cause to require the consultant
to make necessary changes at no cost to the City, unless directed
by the city. In this case, the City participated in the final
space allocations which contributed to the final product affecting
the budget.
The consultant developed the additional cost for Service
Authorization #2 by requesting from his consulting engineers cost
to revise their work to comply with the revised plan. This
totalled over $55,000.00, however based on the percentage of
completion by the various firms, he was able to cut that figure
back to $34,000.00. Staff has reviewed the proposed amount for
this work and also reviewed the contract, section II, paragraph D,
and have been able to reach a new negotiated price of $29,500.00
for the additional work and finds that this request is justified.
Attachments
cc: Jose Aguila
File: 93-18 (D)
\ESD\9318\sa2mem
.
ATTACHMENT A
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
CONSULTING SERVICE AUTHORIZATION
DATE: January 20, 1994
SERVICE AUTHORIZATION NO. 2 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 445-4763-572-31.30
PROJECT NO. 93-18 (CITY) 90-24 Digby Bridges, Marsh
& Associates, P.A.
TITLE: CITY OF DELRAY BEACH PUBLIC GOLF COURSE CLUBHOUSE
This Service Authorization, when executed, shall be incorporated in
and shall become an integral part of the Agreements dated January
20, 1994, between the city of Delray Beach and Digby Bridges, Marsh
& Associates, P.A., as well as Service Authorization #1 dated
1/25/94.
I. PROJECT DESCRIPTION
Provide necessary revisions to plans as discussed on 3 May
1994 at City commission meeting in order to comply with
established budget and building size, including a reduction of
seating capacity to a 250 seat banquet facility.
II. SCOPE OF SERVICES
Same as Service Authorization #1 dated 25 January 1994.
III. BUDGET
Compensation for services described above and in addition to
those listed in service Authorization #1 shall be in the lump
sum of $ 29,500.00.
IV. COMPLETION DATE
A. It is the purpose and intent of the City to have the Golf
Course Club House complete and in operation by July 15,
1995. The completion date for the plans, contract
documents and permit applications is May 23rd, 1994. Time
is of the essence for the completion of architectural and
construction portions of the project.
.
.
A .
.~
,
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. The CONSULTANT may not commence
work on any service authorization approved by the City to be
included as part of the contract without a further notice to
proceed.
Approved by: DIGBY BRIDGES, MARSH & ASSOC.,
CITY OF DELRAY BEACH: P.A.
Date Date
Thomas E. Lynch
Mayor
Attest: BEFORE ME, the foregoing
instrument, this 9.J.~
day of ('('V; '1 ,
1994 was acknowledged by
Approved as to Legal ])"~ &1''' ;o\~' ~
on b f of he Corporation
Sufficiency and Form and said person executed the
same free and voluntarily for
the purpose there- in expressed.
.
witness my hand and seal in the
County and state aforesaid this
q day of
mill.( , 1994. ~
Notary Public 'IM~
State of Florida
My Commission Expires:
..~'-:=,,:::_fJW.--""'''''''''''''''''' ~"fl',
I___MU_~
966~ '!2111dV :S3I:IlcOO .1l;. .~
89L98~ :xl , NOISSlwrm An \~~ it:!
1~3N NNV 331 ....,..~t.'r.....'
ol,,'~JfP"If.~
.
. ',." '.,.;'-' .:.'.; ., ..,....:.
;.. -"
ATTACHMENT B
CITY OF DELRAY BEACH, FLORIDA
-- REQUEST FOR QUALIFICATIONS
RFQ #94-09
The City of Delray Beach, Florida, in compliance with Section
287.055, Florida Statutes, and Chapter 36 of the city Code of
Ordinance hereby makes pUblic announcement that the city desires
to engage the professional services of an architectural firm.
The tasks include furniShing plans and specifications as follows:
Golf Course Club House. The city desires to have designed
and built an approximately 15,000 square foot golf course
club house at it's municipal golf course. Architectural
services are required for complete plans, specifications and
contract documents, to include club house building, ~anq~et
and restaurant facilities, interior design, site, parking,
lighting, landscaping and associated facilities. Banquet
and restaurant facilities will be required to accommodate
approximately 300 people.
The project will include the phases of plan development, namely
preliminary design and consultation, final design, contract
documents, permi ts, bidd:;'ng, award and construction
administration and inspection, subject to the city's specific
needs. Firms shall supply a certificate of existing insurance
_ for general and professional liability, and indicate the amounts
of coverage. The city shall require this insurance in the amount
of $1,000,000.00.
The time frame to complete contract documents, bidding, award and
construction is critical. It is the City's intent to have the
Golf Course Club House completed and operational no later than
December 1, 1994.
To be considered qualified for this project firms will have to
have previous experience in club house and/or resturant banquet
facilities and interior design. Drawings of previous work may be
required for presentation to the City commission. The firm must
also be able to meet the project design and construction
schedule. Selected firms will be required to enter into a fixed
price contract with the city, and must have a certified interior
designer as part of their design team.
The submittal package shall include SF 254 and 255 which shall
. include the names, and qualification of the individuals who will
be assigned to the project and their background in the design of
similar club house facilities, references, and a list of all
similar projects.
Interested firms shall submit four (4) copies of their
qualifications package plus one set of site plans (and
,~ elevations) of a recently completed golf course club house and/or
( resturant/banquet facility if available. The qualifications
- should include credentials of the firms current personnel,
ability to perform, business stability and references.
Qualification packages should be submitted to the purChasing
Division, City Hall, 100 N.W. First Avenue, Oelray Beach,
Florida, 33444 on or before 5:00 p.m., November 23, 1993.
!
"--ATTACHMENT. C
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
r- CONSULTING SERVICE AUTHORIZATION
DATE: January 20, 1994
SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 445-4763-572-31.30
PROJECT NO. 93-18 (CITY) Digby Bridges, Marsh &
Associates, P.A.
TITLE: CITY OF DELRAY BEACH GOLF COURSE CLUB HOUSE
This Service Authorization, when executed, shall be incorporat-
ed in and shall become an integral part of the Agreement
dated January 20, 1994, between the City of Delray Beach and
Digby Bridges, Marsh and Assoc., P.A.
I. PROJECT DESCRIPTION
Preparation of site plans, construction documents,
obtaining related approvals, assistance in bidding, and
construction administration services for the design and
construction of a +15,000 sq. ft. golf course clubhouse.
The club house shall include a 300 seat banquet
facility, pro shop, locker room and related facilities.
_ The club house will be located at the City's Municipal
( Golf Course.
II. SCOPE OF SERVICES
A. The services the consultant shall provide, shall
include all planning, design, construction
administration and coordination services necessary
for the construction of the Delray Beach Golf Course
Club House.
B. Demolition plan of the existing clubhouse and
renovation of existing bag storage and proshop
building and related parking area.
C. The services to be provided shall include the
following phases as listed in the Agreement for
Architectural services:
Phase I - Master Plan/Schematic Design Phase
Phase II - Design Development Phase
Phase III - Construction Document Phase
Phase IV - Bidding/Negotiation Phase
Phase V - Construction Contract Administration
Phase
Phase VI - Resident Project Representative (RPR)
;- Service Phase. Not included at this
time.
D. In addition to the work outlined in the phases the
following shall also apply:
1
.
.
-'- "-
-- 1. In addition to the components listed in Phases I
through V the architect shall be responsible for
preparation of landscaping plans (to include
xeriscaping), irrigation plans, interior design,
civil engineering, structural engineering,
mechanical engineering, plumbing engineering, fire
protection plans, electrical engineering
(including provision for emergency electrical
service plugs) food service and laundry service
plans.
2. The design of the club house facility shall
accommodate the existing City utilities and golf
course facilities and provide concrete vaults,
submersible pumps and revised electrical service
and piping as required.
3. Design and construction schedule shall be
submitted to the City on Primavera computer
software and clearly display the critical path.
All approvals, meeting dates and major events
shall be identified. Schedule shall be submitted
to the City on January 31, 1994.
4. Final construction documents shall be completed on
Auto Cadd Version 12.
-
(
5. The consultant (and contractor when construction
begins) shall attend weekly progress meetings at
the City to monitor the status of design and/or
construction and coordinate activities. Meetings
shall be heIr on Thursday at 2:00 p.m. The
meetings shall commence on February 4, 1994 and
shall continue each Thursday until project is
completed. This schedule shall be adhered to
unless altered by the city.
6. Consultant shall provide all services necessary to
obtain approvals required, which may include, but
not necessarily be limited to the following:
Florida Department of Health and Rehabilitative
Services
South Florida Water Management District
Palm Beach County Department of Environmental
Resource Management
Lake Worth Drainage District
City of Delray Beach site Plan Review and
Appearance Board
city of Delray Beach Department of Environmental
Services
City of Delray Beach Building Department
,..'~ City of Delray Beach City Commission
r
The consultant shall furnish all materials and
make presentations to these governing bodies as
required to obtain all necessary approvals.
2
.
.
~ 7. Consultant shall coordinate and provide for all
utility services and relocations as required.
utility coordination and services may include:
Electric power
Telephone
Cable TV/multi media
Water (Including raw water mains & wells)
Sewer
Gas
Landscape Irrigation
City shall pay costs to relocate utilities.
E. soil testing shall be provided by the Consultant (up
to four standard penetration tests.) In the event of
poor soil conditions the City will pay for additional
soil testing, reports and recommendations when
authorized by the city Manager.
F. Architectural Renderings
III. BUDGET
Compensation for the services shall be as follows:
A. Method I - Lump Sum (See VII A.l of Agreement)
- Phase I $ 15,900
Phase II 15,900 ,/'
Phase III 86,~__"., (1){'"(,"30 + 't, hy!:_:'>Jt)('O
Phase IV 12,950 7
Phase V 31.800 '.H1"?(O
,/
Total not to exceed $163,000
B. Method II time charges/not to exceed budgeted
amount (see VII A.2 of Agreement).
1. All expenses associated with the preparation
and reproduction of drawings and specifications
for the development of plans and contract
documents shall be at the consultant's expense.
The City shall pay reimbursable expenses for
plan review, permitting application cost,
bidding and printing cost associated with plan
review sets, . permitting sets, bid sets, and
construction documents sets. Reimbursable
expenses shall not exceed $15,000.00 as per
paragraph VII. 2. b of the standard agreement.
These reimbursable expenses include consultants
travel cost.
2. Architectural rendering $ 2,000.
- Consultant shall prepare and deliver to the
City a colored, three dimensional, framed
rendering no later than April 22, 1994.
3
.
" ,
"".
_ IV. COMPLETION DATE
A. It is the purpose and intent of the City to have the
Golf Course Club House complete and in operation by
December 15, 1994. The completion date for the
plans, contract documents and permit applications is
April 22, 1994. Time is of the essence for the
completion of architectural and construction portions
.of the project.
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. The CONSULTANT may not commence work on
any service authorization approved by the City to be
included as part of the c0ntract without a further notice to
proceed.
Approved by: DIGBY BRIDGES, MARSH &
CITY OF DELRAY BEACH: ASSOC., P.A.
- ~
1) I&f;~ R--I CrE5
(P~t or Type)
Title: fXE-~ I ~N""
~
Attest: ~
.' . BEFORE ME, the foregoing
instrument, this ~ I ~
day of J{;JPJJ~ ' 1994
Approved as to Legal was acknowledg d by~/rng~ t?~/aft5
~C1' ~rm . on beh<;,lf of the Co por tion
~, , and sald person executed the
~~~~ same free and voluntarily
for the purpose there-in
expressed.
witness my hand and seal in
the County and stat~
afJSsaid this ::21 s da~ lof
(~ frJAIl1 ~ ' 199), ...,
Notary Public ~
State of Florida,
My l1. . I . ssio ' ~'liPtRII
CSA318-1.MRM ' .' Ilt... SSlMay2.1996.
4 . .. ",_1lftlT1llWfMl-.tIlC.
.
~._,>- ".. '.'-'- .
DELRAY BEACH GOLF CLUB (-lOUSE
CONSTRUCTION BUDGET ESTIMATE
ATTACHMENT D
DEMOLITIONS
Demolition and Asbestos Abatement $35,000
BUILDINGS
Clubhouse 11,644 sf $90.00 $1,047,960
Proshop and Store 1,599 sf $90.00 $143,910
Porte Cochere 1,613 sf $25.00 $40,325
Covered Porches 1,194 sf $25.00 $29,850
, Breezeway 328 sf $15.00 $4,920 $1,266,965
16,378 sf
SITEWORKS
As per Bill of Quantities with reductions $276,609
FURNITURE, FITTINGS and EQUIPMENT
~ Furniture, Carpeting, Wall Covering (CCD items) $200,000
Kitchen and Bar Equipment $150,000
China, Glassware, Cutlery $20,000 $370,000
Add: $1,948,574
Contingency Allowance $30,000
$1,978,574
PROFESSIONAL FEES
Professional Fees $163,000
Professional Fees for Changes $34,000
Reimbursables $15,000
Architectural Rendering $1,500 $213,500
CONSTRUCfION BUDGET ESTIMATE $2,192,074
to
.
.
,r !
'-' '...-'
ATTACHMENT E
I
,J
II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will
be that of a professional CONSULTANT, and the CONSUL-
TANT will provide the professional and technical
services required under this AGREEMENT in accordance
with acceptable professional practices and ethical
standards. No employer/employee relationships shall
be deemed to be established and the CONSULTANT, its
agents, subcontractors, and employees shall be
independent contractors at all times.
B. Professional and Technical Services. It shall be the
responsibility of the CONSULTANT to work with the
CITY and apprise it of solutions to problems and the
approach or technique to be used towards accomplish-
ment of the CITY'S objectives as set forth in SERVICE
AUTHORIZATIONS, which will be made a part of this
AGREEMENT upon execution by both parties.
C. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS.
-* D. The city has established a budget for each project
awarded to CONSULTANT. The CONSULTANT shall be ---
responsible for providing, at no additional cost to
the City, new designs, drawings, specifications,
reports and other applicable services if the budget
for the entire project is exceeded during and up to
completion of the design phase of the project;
however, nothing contained herein shall require the
CONSULTANT to bear additional costs if the additional
costs are a result of a change in the scope of
services directed by the City.
E. The CONSULTANT shall be responsible for the profes-
siona'l quality, technical accuracy, timely comple-
tion, compliance with regulations and rules, and the
coordination with all appropriate agencies of all
designs, drawings, specifications, reports and other
services furnished by the CONSULTANT under this
AGREEMENT. If the CITY determines there are any
errors, omissions or other deficiencies in the
CONSULTANT'S designs, drawings, specifications,
reports and other services, the CONSULTANT shall,
without additional compensation, correct or revise
said errors or omissions to the satisfaction of the
CITY.
F. Approval by the CITY of drawings, designs, specifica-
tions, reports and incidental professional services -
3
.
.
-4;/
(,
t{--l
EITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSlt\llLE 407/278-4755
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: May 10, 1994
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Appointment - Bond Counsel Continuinq Services
At this time, in order to obtain continuing legal advice from
bond counsel as to previous financings and for contemplated
bond issue scenarios and associated issues, it is appropriate
to consider the appointment of bond counsel, to assist the City
with these ongoing types of matters.
The firm of Mudge, Rose, Guthrie, Alexander and Ferdon (Mudge
Rose) has been the City's Bond counsel firm since 1963.
Stephen Sanford previously affiliated with the Mudge Rose firm
has been the City's principal bond counsel since 1984.
Recently, as you know, Stephen Sanford joined the firm of
Greenberg, Traurig, Rosen, Hoffman and Quentel (Greenberg
Traurig) . Mr. Sanford joined the Greenberg Traurig firm in the
middle of the preparation for the City's 1994 Series Utility
Tax Bonds. The City appointed Stephen Sanford and the
Greenberg Traurig firm to serve as bond counsel for the 1994
Series Utility Tax Bonds.
The Mudge Rose and Greenberg Traurig firms are fine firms with
excellent reputations. Attached please find bond counsel
rankings which indicate that both firms do significant business
in Florida and nationally. We have previously sent to you
letters and other materials from both firms reflecting their
qualifications, etc.
Our office has consulted with the Finance Department and the
Community Redevelopment Agency in order to make a recommenda-
tion to you in this matter. The Finance Department has the
most day-to-day contact with bond counsel and with the City's
various bond issues. Joe Safford, Director of the Finance
Department and Becky O'Connor, City Treasurer indicated that it
would be their recommendation to continue with Stephen Sanford
of Greenberg Traurig for future matters as well as the current
1994 Series Utility Tax Bonds. In addition, the Community
q])
".
City Commission
May 10, 1994
Page 2
Redevelopment Agency uses Stephen Sanford as bond counsel and
through their attorney has expressed confidence in Stephen
Sanford and the Greenberg Traurig firm.
It is our office's opinion that both firms have the reputation
and experience to provide the City with excellent legal advice
on bond matters. Due to the fine reputation of both firms, our
office believes that the City will be well served by the
selection of either firm. If pressed for a recommendation, our
office would recommend the appointment of Stephen Sanford and
the Greenberg Traurig firm due to the excellent legal skills
demonstrated by Mr. Sanford on City financing issues and the
rapport and relationship established with him over the past ten
years.
By copy of this memorandum to David Harden, our office requests
this matter be placed on the June 7, 1994 City Commission
agenda.
if you have any questions.
cc: David Harden, City Manager
Joe Safford, Director of Finance
Becky O'Connor, Treasurer
I"';
4-27-94 ; 8:46AM ; 4078328663-1 407 243 3774;# 2/ 5
-....-------... -. '<r'
. ~,//.,.. F 10Y\ J"
Iqq3- Pf~J~ ,
Bond Coun..l RBnkin~
--~---~W~__M~_______~_
Full to EaCh Firm
Principal Mkt. I of
BC)nd C:oWlsel A1t\ount Rank Sbare Iscues
-""".._--------- -~~~-.-~- ~--- -~~~ ~-~------
Bqui~., San~erB , Oempaey (OR) 5,309.7 1 25.S 69
Greanber9 Traurig Ro~en Hoffman & Quent.l (VL) 31236.9 ~ 1!5.5 41
Holland' Kni'iJht (lL) 2,499.8 J 12.0 40
Mudge, Rose, Guthrie, Alexanaer , Ferdon (NY) 2,373.8 4 11.4 J:;&
Bryant, Miller' Olive, PIA. (FL) 2,002.0 5 9.6 55
nabo&"G. Giblin , Hicker~on (FL) 1,13~.6 Ei 5.4 45
McCrary , H081ey (PL) 1,032.3 7 5.0 8
Sarn.., MoGh.., Neal, Poaton, SC9ue (NY) (,7 6 . ... 8 3.2 6
Mitrani, Rynor , G.ll.9~. eFL) 6G2.5 9 3.1 3
Vald.., FA"li, CO~, p.trey , &i.ghoft (r~) 583..7 10 ~.6 e
Llv.~or. Rl.in , ~ott crt) 495.4 11 ~.4 27
Ruden. Barnett, McClosky, smith, Schu.ter , Russell 475.2 12 2..3 8
Polay , Lardn.r (WI) 457.5 13 2.2 30
Chap.an and Cutler (IL) 446.2 14 2.1 9
Brolin , Wood (BY) 4Z1..8 15 1..0 16
stewart, Joyn8r, Jordan-Hol..es, Ho1'IIl.. (FL) 354.6 16 1.7 :J
Millar, canti.ld, Pa~dook and Stone (MI) 269.0 17 1.3 14
Moyl. Flanigan .at. pitzqarald , Sh..h.n (rt) 227.2 18 1.1 12
8teve BulloCk, .sq (FL) ~O3.5 19 l.0 J
Hawkina, D_lat1.1d a Wood (N~) 184.. 1 ao 0.9 !S
Honiqaan Killer Schwartz and Cohn (MI) 145.7 21 0.7 B
Fowler White Oillen 80gq. , Banker (FL) 126.9 22 0.6 . 6
Palmer and Dodge (D) 106.0 a3 O.!S 2
Ballnrd, Spahr, Andr.w8 , Ing~r801l (fA) 86.8 34 0.4 1
~1ni & apaldinq (GA) 81.5 25 0.4- 1
'top ~ 5 Total. 23,580.4 loot . 454
Industry 'l'otlJls -aO,831..3 lOa' 46.
* = t:.1e'
fi
'i
".
4-27-94 ; 8:47AM ; 4078328663.... 407 243 3774;# 3/ 5
...... -.- ----.-- .W.VV~Y~~WI~ ~r ~
Fl6V\d~
t q,q(} fV'{}e..r "
\
Benet Counsel Ranlcinq
__~..~~__w___________~
Fu 11 to Bach P ll11l
prJ.ncipal Mkt. # of
Bond. Coun..l bount Rank Share I..uea
.......--...............-- ~-_.~~~~- ---- ---~ --~~~.---
Squtr., Sand~. , Dempaey (OH) 10,879.6 1 22.3 18~
Greenberv Tra'Qriv Rosen HoftlUUl , Quentel (PL) 7,517.1 2 1'.4 124
Bolland Ie Knight. en,) 5,311.6 J 10.9 100
Bry.nt, Miller , Olive, P.A. (r~) 4,i30.9 4 10.1 16ti
Mudge, Roee, Guthri., Alexander << F.rdon (H1) 4,120.6 5 9.7 17
Nabor., Glblln I Nickeraon (FL) 3,507.8 6 '.2 140
Liver.ore Klein .. Lott (FL) 2,182.1 1 4.5 96
Ruden, Barnett, McCloSky, SlIith, SChuster' Russell 1,599.4 8 3.3 30
Chapman and cutler (IL) 1.,150.3 9 2.4 30
Foley I 1A~dner (WI) 1,115.3 10 2.3 71
Brown , Wood (NY) 1.,114.Q 11 2.3 40
KcerarI ' Mo.l.y (fL) 1,032~:J 12 2.1 8
Kieran , Rynor , Oalleg08 (FL) 1,009.7 13 2.1 a
Barn.., KcGh.., Neal, poston, a.qua (NY) 853.0 14 1.8 9
Va14e&, Fauli. Cobb, Petrey , Diadhaff (PL) 6'7.4 1!S 1.4 10
Mccrary, valentine & Mays (FL) 669..9 16 1..4 13
cobb , Col. elL) .47.2 17 1.0 20
Muyle Flanigan Kats Fitzq.rald , Sheehan (FL) 486.0 18 1.0 32
Hawkins, Del.tield , wood (NY) 458.8 19 0.9 14
Pewter White Cillen 80998 & Banker (PL) 435.3 20 0.9 27
'Hcmigllaft lIiller 80hwartl and Cobn (MI) 3,91.3 21 0.8 16
s~.wart, JO~I Jordan-Hol..., 801... (FL) 354..6 22 0.7 3
Hillar, Canfield, 'ad4ook and stone (M1) 278.0 23 0.6 19
pallfte.r and DQclqe (8) 211.8 24 0.4 "
Steve Bullook, Baq (FL) 20J.5 25 0.4 ~
Top a5 TotfAl. 51,597.6 100% 1,a48
Indu.try Total. 4$,697.4 100' 1,34~
* IOii ti.
4-27-94 ; 8:47AM ; 4078328663-1 407' 243 3774;# 4/ 5
.UIUV~~~WU'" UI ~
fVd. nOA a I
/9' 3- fJ"tI~1-
Bond. Coun..l Ranking
_~M___~~~~_~~__~_~.__~
Full to Eacb Firm
Principal MItt. I ot
Bond CCUl1sel AIlount Rank Sbare Issue.
-.....-----..--..- --------- ---- ---- ~-~~~~.~~
OJ:~:Lck, Herrinvton .. Sutuliffe (CA. . NY) 2$,288~O 1 7.3 3g0
Mudge, Rose, Guthrie, Alexander , Ferdon (NY) ~4,B"5.4 2 7.2 182
Hawkins, Dalafield , Wood (NY) 21,125.6 3 6.1 313
Brown' Wood (N!) 18,532.0 . 5.3 29'"
Chapman and CUtl.r (ILl 12,016.1 5 3.' 756
Squir., Sandere . Oemp..y (OB) 10,251.6 6 3.0 313
Barna., McGhe., Neal, ~o.ton; SeQue (Nr) i,550.3 7 2.8 64
McCall Parkb~r.t , Horton (TX) 6,644.8 B 1.9 39-4
lCutak Rock (NB) 6,250.8 9 1.8 1ge
'J:'..ton ThorgJ:'ia&ol) Shidle.r Gates . Elli. (WA) 5,779..4 10 1.1 376
Iulbr1Qb~ I Jawor.Jei (TX) 6,62'*.:1 11 1.6 411
Gr..nberq ~aQZ19 Ro..n Hoffman , Quentel C'L) 5,433.9 12 1..6 61
willkie r.rr , G<<11a9ber (NY) 4,956.4 13 1.4 224
Jon.. Hall Hill I Wh~te (CA) ..,7.....6 10( 1.4 279
Oor.8Y' , 1Ihi tney (MK) .,610.5 15 1.3 594
Pallller and DocSq. (IQ) 4,523..7 16 1.3 195
piper i Marbury (MO) 4,338.6 17 1..3 l'
Miller, Canfield, paddock and Stone (HI) 4,276.1 18 1.a 321
O'Melv.ny I Myer. (CA) 4,106.1 19 1..2 55
Lewi., White ~ Clay (HI' DC) 3,$90.3 20 1.1 39
,Ballard, Spahr, Andrew. . Ing.~.o11 (PA) 3,8'0.5 21 1.1 1.46
V1n80n . Blxin. (TX) 3,838.5 2.2 1.1 169
Hunton , Willi... (VA) 3,723.3 23 1.1 108
Ice Millar Donadio II Ryan (IN) 3,6'75.3 24 1.1 302
Pack, Shart.~ IW~lli.m. (OR) 3,594.7 25 1.0 2~:"
TOp 25 Totals ~O5,506.1 ~9.) 6,608
I"'dWl~X'Y Totals 346,617.3 lOOt 17,195
". - tie
, .
4-27-94 ; 8:48AM ; 4078328663... 407 243 3774;# 5/ 5
(~~11cl-vf
Iq1d- f((Jv1'/'
,
Bond Caunael Rankinq
---~~~~~~---.---~~----
Full ~o Each pl~
"
fr lnoi~l Kkt . # <>t
Bond Coun..l Aaount Rank Share I.au..
---...---......--- _w~_____~ ____ -~~. -~~~__w~_
orrick, Herrington , sutcli!~. (CA & BY) 62,346.3 l. 7.1 1,07'
Ku4ga, Ro.., Gut.hrie, Alexander " Ferdon (NY) ~3,225.7 2 6..1 498
HaVk1n., Del_field , Wood (NY) 49,998.9 3 5.'7 1.08'
B~own , Wood (NY) 45,163.7 4 5.2 80'
Chakan and. Cu.tler (Ill) 33,9eil.l 5 3.~ 2,384
5qu re. Sander. , Demp..y (OR) 22,212.4 6 a.ps gOO
](utak Rook (H!) 17,710.7 ., 2.0 '72
McCall Parkhurlt , Horton ('1'X) 17,232.4 8 .3.0 1,021
'Ulbr1ght i Javor.X1 (TX) 16,139.6 9 1.8 935
Barne., KoCh.., H..l, Po.ton, Begue (NY) l!i,708.8 10 1.8 98
Greenberg Trauriq ROlen Hoffman , Quentel (FL) 14,348.3 11 1.6 176
PalMr and DocS,. (D) 12,930.9 12 1.5 ~41
Grant , Duncan (CA) 12,577.7 13 1.4 48
Pr..~on TbO~~i..on Shidler Gat.. . 1111. (WA) 12,571..5 14- 1.4 ~,O'71
Miller, cant .ld., 'addock and StoM (MI) 12,526.1 15 1.4 9~1
Wl11kl. '*rr I Galla;her (NY) 12,288.8 16 1.4 654
Jon.. Hall Hill , Whit. (CA) 11,553.1 17 1.3 754
O'Jlelvt3\y , lifer' (CA) 11,220.1 18 1.3 165
Dor.ey . Wb1~n.y (KR) 10,929.1 19 l.~ 1,609
Ballard, Spahr, Andrews I Ingersoll CPA) 9,908.0 20 1.1 465
Vinson , Ilklna (TX) 9 , 108 . 8 21 1.1 "~
Sherman a Howar4 CCO) g,642.' aa 1.1 532
'eck, Sh.~fer , William. (OB) 9,613.a 2J 1.1 874
Hintl Levin Cobn Perrle G10vsky , Popeo (MA) ~..601.7 a. 1.1 70
Xce Killer Donadio , Ryan (IN) 9,'91.3 2S 1.1 847
Top 25 Total. 502,615.0 57.4 1.8,612
Inc1u.atry Total. 8"5,835.2 100' 48,752
* -tie
.
~~ff~~f~~
A T TOR N E Y S A T L A 111
1~~~~I~
Stephen D. Sanford
407-650-7945
May 18, 1994
City Commission of the City of Delray Beach
200 N.W. First Street
Delray Beach, FL 33444
Re: Bond Counsel Qualifications and Experience
Dear Honorable Mayor Tom Lynch and City Commissioners:
Susan Ruby has asked me to provide a summary regarding the bond counsel
qualifications and experience of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel,
P A, the firm which I joined on April 4, 1994. I have submitted to Susan and staff a more
detailed resume regarding the firm, copies of which are available from Susan. Before I
provide such a summary, I would like to point out that while at Mudge Rose I have acted
as the principal bond counsel attorney on all of the City's financings since 1984. I mention
this because I believe having a historical knowledge of the City's prior financing activities
provides a continuity to the City which saves time and money.
Greenberg Traurlg is a Florida firm with over 200 attorneys practicing out of its
Miami, Fort Lauderdale, West Palm Beach, Tallahassee, Washington, D.C. and New York
City offices.
Greenberg Traurlg is a full service firm offering expertise in the following practice
areas; appellate, banking, bankruptcy and reorganization, complex commercial litigation,
corporate and securities, employment law and employee benefits, environmental and land
use, federal and state governmental and administrative law, health, immigration,
international law, international trade, public finance, real estate, tax, and trust estates.
Greenberg Traurig has 13 attorneys practicing primarily in the area of public finance.
In the public finance area, the firm is a nationally recognized bond counsel firm. For the
calendar year of 1993, the firm was the eleventh nationally, and the second in the State of
Florida, ranked bond counsel firm (on the basis of the volume of bonds issued with our
approving opinion, which exceeded $4.643 billion and $2.938 billion, respectively). Most
telling about the aforementioned statistics is the volume of bond counsel business we do in
~_\_.I\""',_\"".'" GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL. P. A.
P. O. Box 20629 WEST PALM BEACH, FLORIDA 33416-0629
407-650-7900 FAX 407-655-6222
777 SOUTH FLAGLER DRIVE SUITE 310 EAST WEST PALM BEACH, FLORIDA 33401
MIAMI FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE
NEW YORK WASHINGTON. D.C.
" .
City Commission of the City of Delray Beach
May 18, 1994
Page 2
Florida. Although we are nationally recognized, we are clearly a Florida bond counsel firm
with experience in almost every type of financing done in Florida. Each new financing we
work on benefits from that experience.
The firm and the members of its public finance department have advised numerous
governmental issuers, credit enhancers and underwriters in all phases of general obligation
and revenue bond financings. Specifically, the public finance department has participated
in financings in the State of Florida involving such projects as education, health care, water
and sewer, solid waste, resource recovery, single family housing, multi-family housing,
community development, capital equipment, mass transit, airport, public safety, criminal
justice, roads and bridges, electric utility, pollution contr04 health care, water management,
convention and trade facilities, redevelopment and municipal liability insurance.
Greenberg Traurig's tax department consists of 11 attorneys, nine of whom practice
in Miami. The tax department practices in every area of federal and state tax including
individual, corporate, partnership and international tax.
Timothy Wolfe, a shareholder in the tax department, is a nationally recognized expert
in the tax aspects of municipal finance. Mr. Wolfe is involved in every tax-exempt financing
in which the firm participates, whether as bond counselor underwriters' counsel. Mr. Wolfe
is assisted by Joel Maser, also a shareholder in the tax department, on matters involving
state tax law. Mr. Maser currently is Director of the State Tax Advisory Division of The
Florida Bar.
Mr. Wolfe is an expert on both arbitrage and private activity matters and speaks
frequently on those subjects at municipal finance seminars. In 1993, he was chairman of the
National Association of Bond Lawyers Arbitrage and other Tax Matters Seminar. He
currently is head of the American Bar Association Tax Section Task Force on Private
Activity Tests which will be working with the Treasury Department as it writes regulations
to implement the private activity tests enacted in the Tax Reform Act of 1986.
Tim Wolfe has indicated to me that he is available to attend meetings where the
possibility of tax issues might arise. More importantly is that I find Tim to be very
responsive to any tax questions that may come up. I have found that Tim will generally get
back to me with an answer within a day. This is a welcome change from the Mudge Rose
assignment of tax attorneys located in the California or New York offices to handle Florida
matters. The response time for tax questions raised while at Mudge Rose has sometimes
taken longer than a client's expectations.
we\,~''''''''.I\'''''.''''''\D5/..'''
GREENBERG TRAURIG
.
City Commission of the City of Delray Beach
May 18, 1994
Page 3
Since Greenberg Traurig is a full service Florida firm, I believe we add value to any
municipal transaction. Environmental, real estate, bankruptcy, and banking issues can and
do arise in the public finance area. It is important to note that if the City should ever need
the assistance from an attorney from our other practice groups, our billing rates are much
lower than any New York-based firm. Although I am now a shareholder, my billing rate per
hour is $55.00 lower than my prior billing rate at Mudge Rose as an associate.
There are a number of acceptable methods available to the City for calculating bond
counsel fees. Regardless of which method the City chooses to calculate our bond counsel
fees, the amount will be fair and reasonable and will be lower than those of a New York
law firm. Law firms also charge for out-of-pocket expenses which include long distance
telephone charges, telecopy, photocopying, postage and overnight delivery charges. Using
a local Florida firm with its tax department within the state will lower the amount of these
expenses. The volume of public finance business we do in the State of Florida demonstrates
that we provide quality legal service at a reasonable price. Many firms will attempt to be
hired by quoting unrealistically low fees. The client suffers in that case from either poor
representation or by paying for "extras". This firm is a business which would not stay in
existence if it gave away its services; and no other law firm. can afford to provide services
at below cost. Our clients understand that, recognize our fine reputation and agree to pay
our reasonable fees.
All of our fees for services in connection with the issuance of bonds by the City will
be contingent upon delivery of the bonds. For substantial services rendered on matters
unrelated to a particular bond issuance, the firm would expect to be compensated at an
hourly rate, which rate shall be determined by negotiation between us and the City. We,
of course, will not charge for post-closing questions or inquiries regarding either prior issues
or contemplated new issues that do require extensive research. Weare always available and
willing to respond to such inquiries.
H selected as the City's Bond Counsel, I am firmly committed to provide the same
quality legal services as before but at a lower price. In addition, we will provide additional
value because we are a full service Florida law firm that can provide readily available legal
assistance in areas other than public finance, if and when the City should have such a need.
While fees and qualifications are important in selecting your bond counsel, the City's
staff, its financial advisor and underwriters, together with bond counsel, must be able to
work together as a team. I am confident that if any member of the City's financing team
w.\,~\4OMS.I\""'."""\II5/I''''
GREENBERG TRAURIG
" .
City Commission of the City of Delray Beach
May 18, 1994
Page 4
was asked, he or she would concur that I am a good attorney and would be a valuable
member of the team.
If any of you should have any questions or would require additional information
regarding Greenberg Traurig, please do not hesitate to call.
Thank you for your consideration.
Very truly yours,
i4!::s~ord
SDS:dmh
""".,.,....'4OMS.l'......4HH4\OS/l.".
GREENBERG TRAURIG
I;'
.
- ~~[[~~[~D
A T TOR N E Y 5 A T LAW
l~~~~I~
Stephen D. Sanford
407-650-7945
May 12, 1994
VIA FEDERAL EXPRESS
Susan A Ruby, Esquire
City Attorney of Delray Beach
200 N. W. First Street
Delray Beach, FL 33444
Dear Susan:
You have asked me to provide information regarding Greenberg, Traurig, Hoffm.an,
Lipoff, Rosen & Quentel, P A, the firm which I joined on April 4, 1994. Before I do that,
I would like to point out that while at Mudge Rose I have acted as the principal bond
counsel attorney on all of the City's financings since 1984. I mention this because I believe
having a historical knowledge of the City's prior financing activities provides a continuity to
the City which saves time and money.
Generally speaking, the lines of communication and the trust a client initially has is
developed with the attorney providing the service. At the same time, though, a client has
to have confidence and a comfort level with that attorney's law firm. I hope the following
information is helpful in that regard.
Greenberg Traurig is a Florida firm with over 200 attorneys practicing out of its
Miami, Fort Lauderdale, West Palm Beach, Tallahassee, Washington, D.C. and New York
City offices.
Greenberg Traurig is a full service firm offering expertise in the following practice
areas; appellate, banking, bankruptcy and reorganization, complex commercial litigation,
corporate and securities, employment law and employee benefits, environmental and land
use, federal and state governmental and administrative law, health, immigration
international law, international trade, public finance, real estate, tax, and trust estates.
Greenberg Traurig has 13 attorneys practicing primarily in the area of public finance.
In the public finance area, the firm is a nationally recognized bond counsel firm. For the
calendar year of 1993, the firm was the eleventh nationally, and the second in the State of
~_\""'.1\'.7.7..1.'00\0S/1Z/" GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL. P. A,
P. O. Box 20629 WEST PALM BEACH. FLORIDA 33416-0629
407-650.7900 FAX 407-655-6222
777 SOUTH FLAGLER DRIVE SUITE 310 EAST WEST PALM BEACH. FLORIDA 33401
MIAMI FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE
NEW YORK WASHINGTON, D.C.
.
.
Susan A Ruby, Esquire
May 12, 1994
Page 2
Florida, ranked bond counsel firm (on the basis of the volume of bonds issued with our
approving opinion, which exceeded $4.643 billion and $2.938 billion, respectively). Most
telling about the aforementioned statistics is the volume of bond counsel business we do in
Florida. Although we are nationally recognized, we are clearly a Florida Bond Counsel firm
with experience in almost every type of financing done in Florida. Each new financing we
work on benefits from that experience.
The firm and the members of its public finance department have advised numerous
governmental issuers, credit enhancers and underwriters in all phases of general obligation
and revenue bond financings. Specifically, the public finance department has participated
in financings in the State of Florida involving such projects as education, health care, water
and sewer, solid waste, resource recovery, single family housing, multi-family housing,
community development, capital equipment, mass transit, airport, public safety, criminal
justice, roads and bridges, electric utility, pollution control, health care, water management,
convention and trade facilities, redevelopment and municipal liability insurance.
The public finance department has represented a large number of issuers as Bond
Counsel. Within Florida, the firm has served, or is serving, as Bond Counsel, Co-Bond
Counselor Special Tax Counsel to: the State of Florida; the School Boards of Dade
County, Broward County, Monroe County and Lee County; the Counties of Dade, Broward,
Orange, Lee, Charlotte, Escambia, Leon, Hillsborough, Pasco, Manatee and Palm Beach;
the Cities of Boca Raton, Ormond Beach, Miami, Hollywood, Delray Beach, Jacksonville,
Plantation, Miami Beach, North Miami, Coral Springs, Cooper City, Pompano Beach, Vero
Beach, Stuart, Boynton Beach, Fort Lauderdale, Palm Bay, Pembroke Pines, Port St. Lucie,
Gainesville, Opa Locka, Miramar, Miami Springs; Towns of Davie and Lantana; Village of
Palm Springs and Miami Shores Village; the Orlando Utilities Commission; the West Coast
Regional Water Supply Authority; the Dade County Industrial Development Authority; the
Miami Sports and Exhibition Authority; the Florida Housing Finance Agency; the Housing
Finance Authorities of: Lee County, Palm Beach County, Broward County, Dade County,
Manatee County and Orange County; the Dade County, the Broward County, the Orange
County Health Facilities Authorities; the South Broward Hospital District and the North
Broward Hospital District; and numerous community development districts including the
Dunes Community Development District, the Gateway Services District, the Turtle Run
Community Development District; the Capron Trail Community Development District; the
Port of the Islands Community Improvement District and the Citrus Hills II/Hampton Hills
Community Development District. The firm has also been hired by Disney Development
Company to serve as Bond Counsel for its new East and West Celebration community
development district in Osceola County.
""SMFCIMS\",..1\.6787.010100\OS/l2lM
GREE~BERG TRAURIG
.
.
Susan A Ruby, Esquire
May 12, 1994
Page 3
Outside of Florida the firm regularly serves as Bond Counsel to the States of New
Jersey and Connecticut and to local issuers within those states. In the past the firm has also
served as Bond Counsel to the State of Mississippi and the Commonwealth of Puerto Rico.
The firm is particularly active in the development of master lease/certificate of
participation programs. Examples include a certificate of participation financing for the
State of Florida, a number of certificate of participation financings for the School Board of
Broward County, Florida, and the School Board of Lee County, Florida, a certificate of
participation financing for The School Board of Dade County, Florida to finance a large
regional high school and a recent advance refunding of that same issue, a certificate of
participation financing for the City of Pompano Beach to finance improvements to the City
Hall facility and a refunding of that same issue, an equipment financing for The City of
Miami, Florida, master leases for Lee County and Broward County, Florida and a lease
financing for the University of Medicine and Dentistry of New Jersey.
In electric power financing, the firm has served as bond counselor underwriters'
counsel for several billion dollars in bonds, including issues for Orlando Utilities
Commission, City of Vero Beach, City of Lake Worth, Reedy Creek Improvement District,
Kissimmee Utilities Authority, Puerto Rico Electric Power Authority, and Grand River Dam
Authority.
Another area of expertise is solid waste and resource recovery financing. The firm
has served, or is serving, as Bond Counselor Co-Bond Counsel to Broward, Lee, Pasco and
Dade County in Florida and the Pollution Control Financing Authority of Camden County
and the Camden County Improvement Authority in New Jersey. In addition, the firm has
acted as Underwriters' Counsel on numerous financings in Florida and other states. These
include Palm Beach County, Florida; Passaic County, New Jersey; Bergen County, New
Jersey; Portland, Maine; and the Rhode Island Solid Waste Management Corporation. The
firm also has lawyers expert in the negotiation and drafting of resource recovery contracts
between political subdivisions and vendors, and has represented Broward County and Dade
County in such capacity since the early 1980's. The firm is currently representing an issuer
in Puerto Rico and the Rhode Island Solid Waste Management Corporation in that capacity.
In water and sewer financing, the firm has served, or is serving, as Bond Counselor
Co-Bond Counsel to the counties of Broward, Charlotte, Escambia, Orange, the
Metropolitan Government of Nashville/Davidson County (Tennessee); for the cities of Boca
Raton, Coral Springs, Hollywood and Ormond Beach, also for the Town of Lantana
(Florida); to the special districts of Dunes Community Development District, Gateway
WN'\SMf1JRDS,...1.1 \..7W .010100\05/12/M
GREENBERG TRAURIG
.
.
Susan A Ruby, Esquire
May 12, 1994
Page 4
Services District (Lee County), Orlando Utilities Commission, Coral Springs Improvement
District (Broward County) and Reedy Creek Improvement District. In addition, the firm
has participated in numerous financings, serving as Underwriters' Counsel, in Florida and
in other states. In Florid~ these include Lee and Palm Beach Counties, the Cities of Cape
Coral, Delray Beach, Edgewater, Kissimmee, Lake Worth and Orlando. Outside the state
of Florid~ we have acted as Underwriters' Counsel for Hoboken-Union City-Weehawken
Sewerage Authority (New Jersey), the Wanaque Borough Sewerage Authority (Passaic
County, New Jersey) and Grand Strand Water and Sewer Authority (State of South
Carolina), the Metropolitan Government of Nashville/Davidson County (Tennessee) and
Pea Ridge Public Service District (West Virginia).
In the area of transportation, this firm acts as bond counsel to the Florida Turnpike,
and in such capacity has participated in the issuance of over a billion dollars of turnpike
revenue bonds. In financings of toll roads and bridges, as well as transportation financings
secured by gas tax revenues, we have served as Underwriters' Counsel on a transportation
refunding for Lee County, and a financing for the initial costs of a new toll bridge between
Fort Myers and Cape Coral known as the Mid-Point Bridge. The firm has served as bond
counsel to the Puerto Rico Highway and Transportation Authority in the issuance of over
a billion dollars of its Highway Revenue Bonds. These issues have included both new
money bonds for road improvement projects in the Commonwealth of Puerto Rico and
refunding bonds to advance refund certain outstanding bonds of the Highway Authority. We
have also served as bond counsel to the Dunes Community Development District, Florida
in connection with the issuance of bonds to finance the construction of a toll bridge across
the Intracoastal Waterway in Flagler County, Florida. The firm also served as bond counsel
to Dade County, Florida in the issuance of bonds to construct a high level bridge between
Miami and Key Biscayne, Florida. In addition, the firm has served as special contract
negotiating counsel to the Lee County Port Authority (Florida) in connection with airline
use agreements at the Fort Myers Airport.
In single and multifamily housing, the firm serves or has served as Bond Counselor
Co-Bond Counsel to: the Florida Housing Finance Agency; the Housing Finance
Authorities of Dade County, Palm Beach County, Lee County, Manatee County, Broward
County, and Orange County in Florida; the New Jersey Housing and Mortgage Finance
Agency, the Puerto Rico Housing Finance Corporation and the Mississippi Home
Corporation.
In health care finance, the firm serves or has served as Bond Counselor Co-Bond
Counsel to Dade County Health Facilities Authority, the Broward County Health Facilities
....'SMf'tWIS'...l. a \1.7e7 .010100\05/12/'"
GREENBERG TRAURIG
.
.
Susan A Ruby, Esquire
May 12, 1994
Page 5
Authority, the Orange County Health Facilities Authority, the Miami Beach Health
Facilities Authority, the South Broward Hospital District, the North Broward Hospital
District, the New Jersey Health Care Facilities Financing Authority, and the Massachusetts
Health and Educational Finance Authority. The firm has also served as Bond Counsel to
the City of Biloxi, Mississippi on its Regional Medical Center refunding and to
Massachusetts Industrial Finance Agency on a recent bond issue for New England Memorial
Hospital. Individuals in the public finance department have experience in financings for
teaching hospitals, community hospitals, nursing homes, life care facilities and community
mental health centers.
I have included as an attachment to this letter listing all bond issues this firm has
worked on as Bond Counsel, Special Tax Counselor Underwriters' Counsel for the last nine
(9) years. Of notable mention is the City of Homestead's $472,585,000 Special Insurance
Assessment Revenue Bonds Series 1993 which were issued to pay the Hurricane Andrew
insurance claims not paid by certain insurance companies which became insolvent because
of the number of claims made as a result of such devastation. This firm acted as bond
counsel for the City of Homestead in that financing. Before this bond issue could be
brought to market, Section 166, Florida Statutes, required an amendment to allow cities to
issue bonds for that purpose. This firm was instrumental in drafting the legislation and
sheparding it through to passage.
Greenberg Traurig's tax department consists of 11 attorneys, nine of whom practice
in Miami. The tax department practices in every area of federal and state tax including
individual, corporate, partnership and international tax.
Timothy Wolfe, a shareholder in the tax department, is a nationally recognized expert
in the tax aspects of municipal finance. Mr. Wolfe is involved in every tax-exempt financing
in which the firm participates, whether as bond counselor underwriters' counsel. Mr. Wolfe
is assisted by Joel Maser, also a shareholder in the tax department, on matters involving
state tax law. Mr. Maser currently is Director of the State Tax Advisory Division of The
Florida Bar.
Mr. Wolfe is an expert on both arbitrage and private activity matters and speaks
frequently on those subjects at municipal finance Seminars. In 1993, he was chairman of
the National Association of Bond Lawyers Arbitrage and other Tax Matters Seminar. He
currently is head of the American Bar Association Tax Section Task Force on Private
Activity Tests which will be working with the Treasury Department as it writes regulations
to implement the private activity tests enacted in the Tax Reform Act of 1986.
W.'.......'...I.I\..7.7.010100'.'II,..
GREENBERG TRAURIG
.
.
Susan A Ruby, Esquire
May 12, 1994
Page 6
Because of the firm's recognized tax expertise, it has served as special tax counsel on
financings around the country. The firm served as special tax counsel to the Louisville,
Kentucky water company in an advance refunding of its outstanding debt and to the State
of Louisiana in its general obligation refinancing which exceeded $1 billion. The firm also
has served as special tax counsel to the Massachusetts Industrial Finance Agency and in a
number of financings for the New Jersey Health Care Facilities Financing Authority.
An example of the firm's experience in arbitrage matters was its success in receiving
a private letter ruling for the State of Rhode Island that bonds issued to bail out failed
credit unions and other financial institutions would not be arbitrage bonds even though the
only source of payment was the assets of the failed institutions. Many of those assets were
"investments" within the meaning of the arbitrage regulations. The firm succeeded in
convincing the Internal Revenue Service that, because the assets were not marketable, the
assets should not be treated as "replacement proceeds" of the bonds.
Tim Wolfe has indicated to me that he is available to attend meetings where the
possibility of tax issues might arise. More importantly is that Tim is very responsive to any
tax questions that may come up. I have found that Tim will generally get back to me with
an answer within a day. This is a welcome change from the Mudge Rose assignment of tax
attorneys located in the California or New York offices to handle Florida matters. The
response time for tax questions raised while at Mudge Rose has sometimes taken longer
than a client's expectations.
Since Greenberg Traurig is a full service Florida firm, I believe we add value to any
municipal transaction. Environmental, real estate, bankruptcy, and banking issues can and
do arise in the public finance area. It is important to note that if the City should ever need
the assistance from an attorney from our other practice groups, our billing rates are much
lower than any New York-based firm. Although I am now a shareholder, my billing rate per
hour is $55.00 lower than my prior billing rate at Mudge Rose as an associate.
In the public finance area there are a number of accepted methods for calculating
legal fees for bond counsel services. A common method is charging a dollar amount per
bond. The negatives of this method is that if the size of the issue is small, the law firm
either loses money or attempts to raise the amount per bond to avoid losing money. H the
issue size is very large, the amount the issuer pays has little bearing on the actual amount
of work performed. Another method is to charge an hourly rate. The rate can be the
actual hourly rate of each attorney that works on the transaction or can be an agreed upon
blended rate. Since an issuer may be concerned with the total number of hours a particular
....'........'...I.I\..7.7.010100\.,.la/M
GREENBERG TRAURIG
,
.
Susan A Ruby, Esquire
May 12, 1994
Page 7
transaction will take, an overall cap is sometimes imposed. A third method is the flat or
negotiated fee. I have consistently used this method with the City. At some point during
the transaction when the structure is finalized and both the client and the law firm can look
back to the beginning to see the amount of work already performed and look forward to the
closing and safely project the remaining amount of work to be performed, the bond
counsel's flat fee is determined. In many cases the City's financial advisor will assist the
City's finance department in negotiating the Bond Counsel fee. Many factors go into the
negotiations of the flat fee including but not limited to the complexity of the transaction,
whether the bond structure is novel, and whether there are numerous tax issues. This firm
would be willing to negotiate a flat fee with the City at any stage of the financing the City
feels comfortable that the fee will reflect the amount of work to be done. Because we are
a Florida firm, with Florida billing rates, I can assure you our bond counsel fees will be
lower than those of a New York law firm.
Regardless of the method used, law firms also charge for out-of-pocket expenses
which include long distance telephone charges, telecopy, photocopying, postage and
overnight charges. Using a local Florida firm with its tax department within the state will
lower the amount of these costs.
All of our fees for services in connection with the issuance of bonds by the City will
be contingent upon delivery of the bonds. For substantial services rendered on matters
unrelated to a particular bond issuance, the firm would expect to be compensated at an
hourly rate, which rate shall be determined by negotiation between us and the City. We,
of course, will not charge for post-closing questions or inquiries regarding either prior issues
or contemplated new issues that do require extensive research. We are always available to
respond to such inquiries.
Regardless of which method the City chooses to calculate our bond counsel fees, the
amount will be fair and reasonable. The volume of public finance business we do in the
State of Florida demonstrates that we provide quality legal service at a reasonable price.
Many firms will attempt to be hired by quoting unrealistically low fees. The client suffers
in that case from either poor representation or by paying for "extras". This firm is a business
which would not stay in existence if it gave away its services; and no other law firm can
afford to provide services at below cost. Our clients understand that, recognize our fine
reputation and agree to pay our reasonable fees.
IT selected as the City's Bond Counsel, I am firmly committed to provide the same
quality legal services as before but at a lower price. In addition, we will provide additional
wa\,SMIflIImS''''l~ .\167.7 .OIOIOD\DS/IZ!M
GREENBERG TRAURIG
.
Susan A Ruby, Esquire
May 12, 1994
Page 8
value because we are a full service Florida law firm that can provide readily available legal
assistance in areas other than public finance, if and when the City should have such a need.
H you should have any questions or would require additional information regarding
Greenberg Traurig, please do not hesitate to call.
Thank you for your consideration.
Z~
Stephen D. Sanford
SDS:dmh
cc: Joseph M. Safford
Becky S. O'Conner
tIIIIIe\.......'...l.1 '1'~7 .OIOIOO\N/12/M
GREENBERG TRAURIG
,
MUDGE ROSE GUTHRIE ALEXANDER & FERDON
180 MAIDEN LANE SUITE 900, NORTHBRIDGE CENTRE 2121 K STREET, N,W,
NEW YORK, NEW YORK 10038-4996 WASHINGTON, D.C. 20037-1898
2 I 2-510-7000 515 NORTH FLAGLER DRIVE 202-429-9355
- -
630 FIFTH AVENUE WEST PALM BEACH, FLORIDA 33401-4334 2 I 1ST FLOOR
SUITE 1650 333 SOUTH GRANO AVENUE
NEW YORK, N. Y. 10111-0144 - LOS ANGELES. CALIF, 90071-1525
2 I 2-332-1600 407-650-8 I 00 2 13-61 3- II I 2
- -
MORRIS CORPORATE CENTER TWO - 12, RUE DE LA PAIX
ONE UPPER POND ROAD 8LOG. 0 FACSIMILE: 407-833-1722 75002, PARIS, FRANCE
PARSIPPANY, NEW .JERSEY 07054-1075 lI) 42. 61. 57, 71
TELEX: WU 514847
201-335-0004 -
TORANOMON 37 MORI 8UILDING
5-1 TORANOMON 3-CHOME, MINATO-KU
RICHARD oJ. MILLER TOKYO 105, .JAPAN
PARTNER (03) 3437-2861
OIRECT OIAL NUMBER
(407) 850-8120
May 17, 1994
~ ~ r:- ,
D ~-~,~ .:_-
I I MAY I 8 1994 I' '
Susan A. Ruby, Esq. I'
" ,
I' :
City Attorney ,I I
il
I ,I I
City of Delray Beach, Florida -..lL/'
I
200 N.W. 1st Avenue I
I
Delray Beach, Florida 33444
City of Delray Beach, Florida
Selection of Bond Counsel
Dear Susan:
We are pleased to present our qualifications in connection
with our services as Bond Counsel to the City of Delray Beach.
The persons responsible for the relationship are myself,
Walter Breen and Mark-David Adams, for whom concise resumes are
attached.
The following is a summary of our qualifications:
Top National Standard
Mudge Rose Guthrie Alexander & Ferdon is the leading national
bond counsel in terms of volume over the last seven (7) years, the
period for which record-keeping on these matters has been kept by
Securities Data Co. Last year we again ranked first with opinions
delivered on over Twenty Billion Dollars ($20 billion) in bonds.
(See attached).
Mudge Rose Guthrie Alexander & Ferdon has over one hundred
(100) years experience in rendering approving bond counsel
opinions. We have over forty (40 ) attorneys nationwide practicing
C:\DATA\DB
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Susan A. Ruby, Esq.
May 17, 1994
Page 2
in public finance, including four in our West Palm Beach office.
outstanding Tax Department
Mudge Rose Guthrie Alexander , Ferdon's tax capabilities in
tax-exempt financing are second to none and are demonstrated by the
number and variety of issuing bodies which we have represented over
the years.
During the past 18 months, we have been called on to serve as
special tax counsel in financings aggregating over $2 Billion. The
Firm's capabilities also extend to questions of state and local
taxation as they apply to state and local government financings.
The Tax Department, consisting of 17 lawyers, is closely
involved in the tax aspects of transactions handled by the Public
Finance Dpeartment in connection with both tax-exempt and taxable
financings. The Firm's broad experience has provided it with a
foundation that permits the Firm to analyze and react to the
complex types of financings with which an issuer frequently finds
itself confronted in today's municipal market. Mudge Rose Guthrie
Alexander , Ferdon's tax capabilities are evidenced by the fact
that in the first quarter of 1986 it was able to respond to the
complex problems of the Tax Reform Act of 1986 so much more
readily than other firms that it handled twenty-eight percent (28%)
of the total volume in the municipal bond market in the first
quarter of 1986.
Securities Law
Our considerable experience in Federal Securities Law matters
is most significant for issuers who will, due to recent proposed
rules of the Securities and Exchange Commission, be responsible for
continuing disclosure to the public of material financial
developments. This will in effect increase the responsibility and
possible liabilities of the City and its officials regarding
securities law disclosure and is in addition to ongoing liabilities
for tax covenants and rebate requirements established under the
Internal Revenue Code.
Ability to React Quickly and Efficiently
to Aggresive Financing Schdules
We take pride in our ability to meet our obligations as Bond
Counsel under an agressive financing schedule. Our vast experience
in all areas of finance, gives us a wealth of precedent documenta-
C:\DATA\DB
,
Susan A. Ruby, Esq.
May 17, 1994
Page 3
tion. It is not necessary to "reinvent the wheel" in producing
state of the art documentation. Our offices in Florida have 24-
hour word processing capabilities which allow for rapid turn-around
of documents. Our separate computer facilities maintained by our
Tax Department enables us to rapidly and correctly test various
financings proposal to ensure compliance with the Tax Code.
Reasonable Pricing
As with any service, you should expect to pay a reasonable
price for the value received. We staff and price our services
properly and efficiently for our clients. We would not be a leader
in the field if we did not. We propose continuing our present fee
arrangements with the City which we believe have proven to be fair
and reasonable. However, since any other firm submitting a
proposal to the ci ty may have the advantage of knowing our fee
arrangements and may utilize such information in structuring its
proposal, please be advised that we are prepared to match the fees
proposed by any other recognized bond counsel.
strong Commitment to Florida
We are the most experienced law firm in Florida handling
public finance issues. Approximately ten percent (10%) of the
Firm's national bond counsel business is in Florida. In the State
of Florida alone, we have participated in over Thirteen Billion
Dollars ($13 billion) in financings during the last five (5) years.
In order to better service Delray Beach, Palm Beach County and
our many Florida clients, we established our Florida office in West
Palm Beach. This is one of only four domestic branch offices in
the country. Our main office, as you know, is in New York and
provides substantial support along with our Washington, D.C.
office. In this context, you should know that we have, as a
leading national bond counsel, clients in all fifty states and the
Territories.
strong Commitment to Delray Beach
Our bond counsel relationship with Palm Beach County dates
back to 1945 and with the City of Delray Beach to 1963. During
that period we have completed all bond issues successfully and in
so doing have had an outstanding relationship with the City, its
commissioners, city attorneys, finance directors and city managers.
We know of no dissatisfaction with our work and have endeavored to
deliver the top quality legal services for which our Firm is well
C:\DATA\DB
,
Susan A. Ruby, Esq.
May 17, 1994
Page 4
known. We believe that both the City and the Firm have benefitted
by the relationship in that we have a long-term historical
perspective of the City's financing documents, financing needs and
its methods of doing business. We are also a part of the
community. Finally, we are a Firm with an established reputation
in the national markets, into which Delray Beach sells its bonds.
We understand this to be a significant benefit to issuers in
addition to the comfort to public officials our opinions provide.
I believe that the above summary is an accurate reflection of
the long and excellent history we have had with Delray Beach. I
know that you and your predecessors, including Jeff Kurtz and Herb
Thiele, have enjoyed the assurance that the relationship has
provided. We recognize that we have served you with some of our
top partners and associates over the years, but the loss of one of
these associates should not be cause for concern as those things do
happen in the course of a longstanding representation. We wish to
assure you that Walter Breen and I have been supervising your
transactions for many years and as managing partner of the West
Palm Beach office I will be personally undertaking your work.
Finally, we are proud to have played our small part in the
City's "Decade of Excellence." We greatly value our relationship
to the City and now seek the opportunity to continue to serve you,
the finance staff and the commissioners of your fine City.
;a: yours,
Richard J. Miller
cc: City commissioners
Mr. David T. Harden
Mr. Joseph Safford
Ms. Becky O'Connor
C:\DATA\DB
.
RICHARD J. HILLER. Richard J. Miller is the partner in charge of
the Firm's Florida office located in Palm Beach County, Florida at
515 North Flagler Drive, West Palm Beach, Florida 33401 (telephone:
(407) 650-8120). Mr. Miller is the Partner responsible for the
City's financings. He graduated from the University of North
Carolina at Chapel Hill with an A.B. degree in 1968 and the
University of Virginia School of Law with a J.D. in 1971. Mr.
Miller has over twenty years' experience in all types of taxable
and tax-exempt financings. Mr. Miller has extensive experience
wi th municipal financings in Florida, including serving as bond
counsel to Palm Beach and Hillsborough Counties and the cities of
Coral Springs, Lakeland, Lake Worth, and Delray Beach and the South
Florida Water Management District. He is the author of numerous
articles on public finance and, in 1989, co-authored the treatise,
State and Local Government Debt Financinas, with other prominent
attorneys in the field. Mr. Miller is a member of the Florida
Government Finance Officers Association. Mr. Miller was admitted
to the Bar of the State of New York in 1973 and the Bar of the
State of Florida in 1988, and is in good standing. {Red Book
p. 575, 1993 Fall Edition.}
WALTER E. BREEN. Walter E. Breen is Counsel to Mudge Rose and has
over thirty-one ( 31) years' experience in all types of tax-exempt
financings and over the past twenty-three (23) years has been
primarily engaged in the area of public finance in the State of
Florida. Mr. Breen has worked closely with the Authority on many
of its prior bond issues. Mr. Breen serves as bond counsel to
Manatee County and the City of Lakeland. Mr. Breen is a graduate
of Iona College and received an LL.B. from st. John's University in
1952. Mr. Breen was admitted to the Bar of New York in 1952 and
the District of Columbia Bar in 1972 and is in good standing in
both jurisdictions. Mr. Breen will be integrally involved with the
Authority's financing program. (Red Book p. 629, 1993 Fall
Edi tion. )
MARK-DAVID ADAMS. Mark-David Adams is a Senior Associate in the
Florida office. Mr. Adams has more than seven (7) years' experi-
ence in public finance, was admitted to the Florida Bar in 1985 and
is in good standing. He received an A. B. degree from Lafayette
College in 1982, a J. D. cum laude, from the University of Miami
School of Law in 1985 and an LL.M. in Taxation from New York
University School of Law in 1986. Mr. Adams has substantial
experience in a wide variety of public financings, the majority of
which were Florida issues. Mr. Adams is a member in good standing
of the Florida Bar and the Florida Government Finance Officers
Association. (Red Book p. 575, 1993 Fall Edition.)
.
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THE BOND BUYE~
ESTABLISHED 1891 -
Monday, January \ O. \ 994
Top Bond Counsel: 1993
Rank Arm Amount Issues
1 Mudg. Ros. Guthri. Alexand.r & Ferdon............ 20.934.800 1.s
2 Orrick. H.rrington & Sutcliff.................................. 20.445.800 305
3 Hawkins. Delafield & Wood ................................... 17.912.800 297
4 Brown & Wood ....................................................... 15.598.600 238
5 Chapman & CutI.r .................................................. 9.956.700 630
6 Squire. Sand.rs & Dempsey ................................. 8.918.800 263
7 Bames. McGhee. Neal. Poston & Segue .............. 7.935.700 54
8 Kutak Rock ............................. ...... ...................... .... 5.337.100 151
9 McCall. Parkhurst & Horton ................................... 5.152.100 313
10 Preston Thorgrimson Shidler Gat.s & Ellis .......... 4.731.700 305
11 Greenberg Traurig Hoffman Ufpotf Ros.n ........... 4.643.300 49
, 2 Fulbright: & Ja~kI .............................................. 4.343.000 337
'3 Palmer and Dodge ................................................. 4,159.900 ,.
14 Jones Hall Hill & White........................................... 3.935.100 232
15 O'MeNeny & MyeI'S ................................................ 3.903.000 51
Dc*r......... in 1houUndL StIorMenn ncMe ~ in.12 mamM or..... ~ ~ 1- _ra Ind
'** .. .., ..... ftOI~aM cqII...... .. UCIUQecI In the caM of ~..s oounII6. .... firm II
~1I1l1. we.,. full.. ___tar the -. Soun:e: SecunDee Data eo. (1 /11M)
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( I
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: May 11, 1994
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Underwritinq Aqreement
The City Commission directed our office to negotiate a five
year agreement with Smith Barney, Inc. and Stife1, Nicolaus &
Company, Inc.
The attached agreement provides for a five year term with a
cancellation provision for the convenience of either party upon
thirty days written notice.
By copy of this memorandum and agreement to David Harden, City
Manager, our office requests that the underwriting agreement be
placed on the City Commission June 7, 1994 City Commission
agenda for consideration.
sSih
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
David Levy, Smith Barney, Inc.
Kevin McCarty, Stifel Nicolaus & Company, Inc.
C'I~
@ Printed on Recycted Paper
".,
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UNDERWRITING AGREEMENT
This Underwriting Agreement (the "Agreement") dated as of
, 1994 is by and between Smith Barney Inc., Stife1,
Nicolaus and Company, Incorporated (collectively, the
"Underwriters") and the City of Delray Beach, Florida (and
"City") .
WHEREAS, the City wishes to retain an underwriting team to
assist the City with its financial needs for the term of this
Agreement;
WHEREAS, the City desires the benefits of consistency of
service in its bond underwritings and capital financial
planning available through retaining an underwriting team for
the term of this Agreement; and
WHEREAS, the Underwriters agree to provide services
contemplated by this Agreement for the term of this Agreement;
WHEREAS, this Agreement is not designed to preclude the
Ci ty from entering into borrowings which may be more cost
effective than public offerings, such as bank loans and lines
of credit and competitive bond issues;
NOW, THEREFORE, in consideration of the terms set forth
herein, the Underwriters and the City agree as follows:
1. The recitations set forth above are incorporated
herein.
2. Aqreement to Hire and Provide Services. The City
hereby agrees to retain the Underwriters as its sole
underwriting team for bond issues. In that capacity,
the Underwriters shall provide underwriting services
including the following:
a) Maintain an understanding of and provide input
where appropriate into the capital financing
plans of the City by reviewing relevant
documents and attending pertinent meetings;
b) Work with City staff, advisors and counsel to
assist in developing financial plans tailored to
the short and long term financial needs of the
Ci ty, which take into consideration the most
cost effective techniques available in the
marketplace;
c) Participate in the implementation of financing
plans by serving as the underwriters for the
City's bond issues;
II;"
.
d) Provide only such other services as are mutually
agreed upon by the City Manager or designee and
the Underwriters which may or may not include
the purchase of securities for escrow accounts
and brokerage of other securities and investment
products for the City.
3 . Determination of Book-Running Senior Manager. The
City Manager or designee shall select one of the
Underwriters to be the book running senior manager
for each bond issue. The City will attempt to have
such selection be approximately equal and ratable
between the Underwriters over the term of this
contract, however, failure to achieve this goal will
not be considered a breach of the Agreement.
4. Adjustments to Underwriting Team. The City may add
other underwriters to serve on the underwriting team
as co-managers on issues greater than twenty million,
at the City's discretion.
s. Compensation. The Underwriters shall not receive any
fees for its services except at the completion of
financings on terms then negotiated and agreed to by
the Underwriters and the City and upon agreed terms
for other services separately requested by the City.
6 . Terms of the Agreement; Termination. This Agreement
shall extend for a term of five years from the date
of execution of this Agreement. This Agreement may
be terminated with or without cause and at the
convenience of either party upon the delivery to the
other party thirty (30) days written notice of the
termination.
7. Jurisdiction and Venue. The Underwriters agree that
any dispute or cause of action arising out of this
Agreement shall be governed by the Laws of Florida
with venue in Palm Beach County, Florida.
8. Compliance with Laws. The Underwriters shall comply
with all the applicable requirements of Federal,
State and applicable County laws and all codes and
ordinances of the City of Delray Beach, as may be
amended from time to time.
9 . Assignment. This is a personal services contract
wherein the particular reputation and skill of the
Underwriters is of paramount concern to the City.
This Agreement may not be assigned or transferred to
a successor corporation or other successor or legal
entity of any kind without prior written approval of
the City.
II'.'
10. Insurance. Underwriters must submit evidence of
Fiduciary Liability Insurance in amounts acceptable
to the City. Fiduciary Liability Insurance must be
maintained for the five year term of the Agreement.
II. Indemnification. The Underwriters shall indemnify,
hold harmless and defend the City, its officers, and
employees against any and all claims, losses and
causes of action, arising from the performance or
non-performance of the Underwriter's duties pursuant
to the Agreement, including actions or inactions that
constitute negligence and/or willful, reckless,
malicious or intentional actions or inactions which
may result in liabilities incurred by the city, its
officers and employees as a result of Underwriter's
performance or non-performance under this Agreement.
The Underwriters agree to indemnify, hold harmless
and defend the City, its officers and employees
against any liability arising from or based on a
violation of any Federal, State, County or City laws,
or respective charters, ordinances or regulations.
12. Extent of the Aqreement. This Agreement represents
the entire integrated Agreement between the City and
the Underwriters and supersedes all prior
negotiations, representations or agreements, written
or oral. This Agreement may not be amended, changed,
modified, or otherwise altered in any way, at any
time, after the execution hereof, except by written
approval of the City and Underwriters.
IN WITNESS WHEREOF, the City has caused this Agreement to
be executed by the proper officers on ,
1994.
CITY OF DELRAY BEACH, FLORIDA
By:
Thomas Lynch, Mayor
Attest:
By:
City Clerk
Approved as to form and legal
sufficiency:
City Attorney
II,"
IN WITNESS WHEREOF, Smith Barney Inc. has caused this
agreement to be executed by its proper officers on
, 1994.
SMITH BARNEY SHEARSON, INC.
By:
Witness Name and Title
Witness
Attest:
By:
Name and Title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me
this day of , by
(name of officer or agent,
title of officer or agent), of
(name of corporation acknowledging),
a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is
personally known to me or has produced
(type of identification) as
identification and did (did not) take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
,'.
IN WITNESS WHEREOF, Stifel, Nicolaus and Company has
caused this Agreement to be executed by its proper officers on
, 1994.
STIFEL, NICOLAUS & COMPANY,
INCORPORATED
By:
Witness Name and Title
Witness
Attest:
By:
Name & Title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me
this day of , by
(name of officer or agent,
title of officer or agent), of
(name of corporation acknowledging),
a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is
personally known to me or has produced
(type of identification) as
identification and did (did not) take an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
II'.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtf0(
SUBJECT: AGENDA ITEM i 9 F - MEETING OF JUNE 7. 1994
DIRECTION FOR REZONING OF PARCELS ALONG CONGRESS AVENUE
CORRIDOR
DATE: JUNE 3, 1994
This is before the Commission for direction on possible rezoning
of ten parcels along Congress Avenue between Atlantic Avenue and
the L-32 Canal, from MIC (Mixed Industrial and Commercial) to LI
(Light Industrial) district.
The proposed rezoning of these parcels was initiated by the
City in response to concerns expressed by area residents over the
types and intensity of uses permitted in the MIC zoning district.
After meeting with several affected property owners, staff
examined alternatives to the rezoning.
At the Planning and Zoning workshop meeting of May 9, 1994, the
following alternative actions were presented:
. Proceed with the rezoning, but exclude certain properties
where the LI district would make an existing or proposed use
nonconforming; i.e., Urdl's Waterfalls and the Sendzimir
property (proposed site for CoTran facility).
. Proceed with the rezoning, but make changes to the LI
District so that the restrictions regarding the types and
quantities of materials would not apply to properties that
are not located within wellfield zones.
. Make changes to the MIC district which would require that
for properties fronting on arterial roads, all uses must be
conducted within an enclosed building. Thus, the uses would
continue to be allowed, but their impacts would be mitigated
by the requirement that they be contained indoors.
The Planning and Zoning Board's recommendation is to initiate
changes to the MIC District rather than rezoning to LI.
.
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t!/(
t'fl-)
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~it'~M~5
FROM: DIANE DOMINGUEZ,
DIRECTOR OF PLANNIN.. & ONING
SUBJECT: MEETING OF JUNE 7, 1994
DIRECTION RE: REZONING OF PARCELS ALONG CONGRESS
AVENUE FROM MIC (MIXED INDUSTRIAL AND COMMERCIAL) TO
LI (LIGHT INDUSTRIAL)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
providing direction regarding the City initiated rezoning
of ten parcels from MIC to LI.
The properties are located on the east and west sides of
Congress Avenue, between Atlantic Avenue and the L-32
canal.
B A C K G R 0 U N D:
The rezoning of the subject properties from MIC to LI was
initiated in response to concerns expressed by area residents as
to the level of intensity of allowable uses in the MIC district.
Of particular concern were the outside oriented uses allowed as
conditional uses in the MIC zone, including resource recovery,
stone cutting, and lumberyards. The residents felt that uses
such as these would have a negative impact on the appearance of
the corridor, and would create noise, dust and odors which could
affect residential areas. The Planning and Zoning Board
discussed these concerns during its workshop and regular
meetings in December of 1993. Rather than delete those uses
from the MIC zoning district, the P&Z Board recommended the
rezoning of various parcels along the Congress corridor from MIC
to LI.
The LI district does not allow the types of conditional uses
permitted in MIC, nor does it permit auto repair. All uses in
LI must be conducted within an enclosed building. The City
Commission endorsed the Board's recommendation for rezoning at
the workshop meeting of January 4, 1994, and the rezonings were
formally initiated by the P & Z Board on January 24, 1994.
.
.
City Commission Documentation
Direction re: Rezonings Along Congress Avenue
Page 2
The public hearing for the rezoning was held by the P & Z Board
on March 21, 1994. Several of the affected property owners
and/or their representatives attended the meeting to object to
the action. They felt that the LI was too restrictive, and that
the rezoning would reduce the value of their properties or limit
their plans for expansion. They also felt that the LI district
is not appropriate for their properties, in that it is
essentially oriented to the development of property located in
wellfield zones, and contains numerous restrictions on the types
and quanti ties of materials that can be handled. None of the
subject properties is located within a wellfield zone. No one
from the public spoke in favor of the rezoning.
After taking testimony, the Board continued consideration of the
item for two months in order to allow staff time to develop
alternative courses of action. At the workshop meeting of May
9, 1994, the Board discussed the following alternatives: '.
* Proceed with the rezoning, but make changes to the LI
district so that the restrictions regarding the types and
quantities of materials would not apply to properties that
are not located within wellfield zones.
* Proceed with the rezoning, but exclude certain
properties where the LI district would make an existing or
proposed use nonconforming, i.e. Urdl's Waterfalls and the
Sendzimir property (proposed site for CoTran facility).
* Make changes to the MIC district which would require
that for properties fronting on arterial roads (such as
congress) all uses must be conducted within an enclosed
building. Thus, the uses would continue to be allowed, but
their impacts would be mitigated by the requirement that
they be contained indoors.
The consensus of the Board was to proceed with the changes to
the MIC district, rather than the rezoning to LI. At the
regular meeting of May 16, 1994, the Board voted to recommend
denial of the rezoning to LI, and to initiate changes to the MIC
district as described above. The attached P & Z Board staff
report provides additional information regarding the Board's
action.
R E QUI RED ACT ION:
At this time, it is appropriate that the City Commission
indicate if the rezoning should be brought forward for their
consideration, or withdraw the rezoning based upon the Board's
recommendation.
Attachment:
* P&Z Staff Report & Documentation of May 18, 1994
T:CCMIC:J:.I.DOC
,
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MAY 16, 1994
AGENDA ITEM: V.A. CHANGE OF ZONING FROM MIC (MIXED INDUSTRIAL
AND COMMERCIAL DISTRICT) TO LI (LIGHT INDUSTRIAL
DISTRICT) FOR PARCELS LOCATED ALONG CONGRESS AVE.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding a proposed
change in zoning from MIC to LI for 10 parcels located
along Congress Avenue, between Atlantic Avenue and the L-32
Canal.
BACKGROUND: . .
This item was continued from the Planning and Zoning Board
meeting of March 21, 1994. The rezoning had been initiated by
the City Commission in response to concerns expressed by area
residents over the types and intensity of uses permitted in the
MIC zoning district, and their potential impact on Congress
Avenue. During the consideration of the rezoning at the
P & Z Board meeting, objections were raised by several affected
property owners. The Board deferred taking action in order to
allow staff to examine alternatives to the rezoning.
At the workshop meeting of May 9, 1994, staff presented some
alternative actions that could be taken (see the worksession
staff report for that meeting) . A discussion of the
alternatives was held among the Board members, the property
owners, and members of the public. Following that discussion
the Board reached a consensus, which is described below.
ANALYSIS:
The consensus of the Board was as follows:
* The primary objective of the rezoning to LI was to reduce
or eliminate impacts created by the outdoor-oriented uses
that are currently permitted in the MIC district. If those
uses were required to be conducted indoors, the impacts
would be substantially reduced. Thus, rather than pursue
the rezoning, a text amendment should be initiated to the
MIC District which would require that principal and
conditional uses located on properties having frontage on
arterial roadways must be conducted within a completely
enclosed building.
* Outside storage of a passive nature is acceptable as an
accessory use, provided that it is screened as currently
required by code. V.f1.
,
P & Z Board Staff Report
Rezoning from MIC to LI--Congress Ave.
Page 2
* Changes should be made to the LI District regulations which
would provide more flexibility for properties that are not
located within wellfield zones, in terms of the types and
quantities of substances which can be handled.
RECOMMENDED ACTION:
By separate motion:
* Recommend to the City Commission denial of the rezoning of
the subject properties from MIC to LI, based upon a failure
to make positive findings with respect to Chapter 3
(Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(E)(5).
* Initiate amendments to the MIe and LI zoning district to
implement the Board's direction as described in this
report.
Attachments:
* Location Map
Report prepared by Diane Dominguez
T.PZMI:CLI:
,
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-- : i I REZONiNG
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6/2/94 c: City Commission
City Managerc4 rudC 521 cN.\1iV 50th c4uEnuE,
uguj,t 7)E,['ta!j !BEaCh, 'J.1: 33445-2121
(407) 495-2371
June 2, 1994
RECEiVED
The Honorable Mayor Tom r l ~ C \{'-JJ.c\ JUN ~ 1994
100 NW 1st Avenue !J J. (:"L~ l'\ - l... ,
Delray Beach, FL' 33444 ill'\ ('\ N-d-/\ -r' "" r;" f...' /'Ov\ 'jTY C
\ ~ \J 1 . '\LC 0...,1 eN ' . ~ . OMMfSSION
Re: Lots ~ & 5, West Con 4 00...\\ ~ CO P L\ ci=-
Rezonlng from MIC to ~\ )(') {\ t 0. I d q 0
[ \ 1 C L <:> ~\.(\'\..u. ,
QJ.f(L\ .
Dear Mayor Lynch: 'il~ ...,+. o.<-i(? {\.d CL-,
L(\ IJ \).. (J f'f\OJ0-j
On May 16, 1994, the Cit imously voted
to leave the existing zon .~f / n I6,D., ^ :led property,
where Urdl Waterfall Creai (/K.f-v :Y",/'l~~"'" U '" ~ -..
At the upcoming City Counc _.n~~' ~ nal approval
will l:tave to be given by y \\ _p:.""'- ('leA q ~ e City
Councll. y' \~~. r
For your kind consideratiOl \) __ ..u~ City Council, I beg to
submit the enclosed pictori~~ material and the forthcoming facts to
help you and the City Commissioners in the final decision on this
important request by Gus Urdl, the owner of the property, Urdl
Waterfall Creation, Inc. business which is owned by Terrell and
Brian Higgs of Delray Beach.
Urdl's has been in business for over 30 years in Delray Beach. It
is a clean operation with no noise, dust or oder. Urdl's produce
replicas of rock boulders and precast waterfalls which require a
lot of space to store. Asking Urdl's to store the finished product
inside would be impractical and costly.
Urdl rocks and waterfalls help to beautify the landscaping of homes
and thus ad to a healthy environment in general. Urdl's has won
awards for the state of Florida in International competition. We
hope this reflects back on Delray Beach and deserves consideration.
Urdl's is growing and needs to expand. Lot 4 is the ideal location
for expansion of the operation, and also would enhance the location
in general.
I beg you and the commissioners to grant our request for leaving
lot 4 and 5 within the MIC zoning.
Thanking you and the Commissioners for your consideration of our
request, I am gratefully and respectfully yours.
kfll?t:'ad0
(~lIs Urdl
,/Founder & Retired President
Enclosures: Pictures, Video, Etc.
.
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THE FOLLOWING PROVIDES A LISTING OF THE NAMES OF PROPERTY OWNERS
AND ASSOCIATED LEGAL DESCRIPTIONS
Current Zoning: MIC (Mixed Industrial and Commercial)
Proposed Zoning: LI (Light Industrial)
Planning and zoning Board recommended_denial on a 7 to 0 vote.
-
MAP LOCATION # PROPERTY DESCRIPTIONS
1- 18-46-43, S 100.16 ft of N 1400 ft of that
part of NE 1/4 lying E of E-4 Canal R/W & W
of Congress Avenue Rd R/W.
Property Owner: Clarence Wolf E. Tr.
Parcel Size: 0.77 acres
2. 18-46-43, Sly 200 ft of Nly 1625 ft of NE ..
1/4 lying E of E-4 Canal R/W & Wly of R/W
line SAL Ry R/W (less Ely 300 ft & 120 ft
Congress Avenue R/W).
Property Owner: Berthe M. Sendzimir
Parcel Size: 1.99 acres
3. 18-46-43, Sly 405 ft of Nly 2005 ft of NE
1/4 lying E of E-4 Canal R/W & W of a line
parallel to & 550 ft W of centerline of SAL
Ry R/W (less 120 ft Congress R/W).
Property Owner: Berthe M. Sendzimir
Parcel Size: 7.73 acres
4. 18-46-43, W 5/8 of N 1/2 of S 1/4 of NE 1/4
lying E of E-4 Canal (less E 820 ft).
Property Owners: August & Claire Urdl Trs.
Parcel Size: 1.75 acres
5. 18-48-43, E 100 ft of Wly 310 ft & Sly
171.39 ft of E 100 ft of Wly 410 ft of N 1/2
of S 1/4 of NE 1/4 lying E of E-4 Canal R/W.
Property Owner: August Urdl Tr et aI, c/o
Urdl Waterfall Creations Inc.
Parcel Size: 1.18 acres
,
Page 2
6. 18-46-43, S 1/2 of SE 1/4 of SW 1/4 of NE
1/4 (less E 60 ft RD R/W) & S 1/2 of SW 1/4
of SW 1/4 of NE 1/4 lying E of the E-4 Canal
& W of Congress Avenue.
Property OWner: Levie and Addie J Daniels -
c/o R Adams
Parcel Size: 4.68
7. A parcel of land in Section 18, Township 46
South, Range 43 East, Palm Beach County,
Florida, more particularly described as
follows:
Beginning at a point in the east-west
quarter-section line of said Section 18, at
a distance of 322.4' west of the northwest
corner of the Northwest Quarter of the
Northeast Quarter of the Southeast Quarter
of said Section 18, said point of beginning
being the northwest corner of land conveyed
by Edgar DeCarie and wife to Deerfield Beach
Concrete Products Co. , Inc. , by deed dated
April 5, 1955 and recorded in Deed Book
1095, page 2, Public Records of Palm Beach
County, Florida; thence southerly along the
west line of land so conveyed a distance of
269.66', more or less, to a point 400'
northerly, measured along said west line and
its southerly extension, from the northerly
right-of-way line of State Road 806, also
known as Delray West Road; thence westerly,
making an angle with said west line,
measured from north to west of 1030 55min. ,
a distance of 640.80' to a concrete monument
set in the ground; thence continue westerly
along the same course, a distance of 15'
more or less, to the water's edge of Lake
Worth Drainage District Canal E-4; thence
northerly along the water's edge of said
Canal E-4, a distance of 500 feet, more or
less, to a point in said East and West
Quarter-Section line, thence easterly along
said Quarter-Section line, a distance of 14'
more or less, to a concrete monument set in
the ground; thence continue easterly along
said Quarter-Section line, a distance of
504.05' more or less, to the point of
beginning. Subject to existing right-of-way
of said Lake Worth Drainage District Canal
E-4.
.
.
Page 3
Less the following described parcel, to-wit:
A parcel of land lying in the Northwest
Quarter of the Southeast Quarter of Section
18, Township 46 South, Range 43 East, Palm
Beach County, Florida, being more
particularly described as follows:
From the northwest corner of the N.W. 1/4 of
the N.E. 1/4 of the S.E. 1/4 of said Section
18, bear N 890 56'09" W on an assumed
bearing along the quarter section line of
said Section 18 a distance of 322.40';
thence S 000 39'30" E parallel with the west
line of the said N.W. 1/4 of the N.E. 1/4 of
the S.E. 1/4 of Section 18, a distance of
269.23' to a point 400.0' North of N
right-of-way line of Old State Road 806
(Delray West Road) as measured along the
southerly extension of this line, said point
being the point of beginning; thence S 700
25'30" W. a distance of 150' , thence; N 000
39' 30" W. a distance of 150' ; thence N 700
25'30" E. a distance of 150' to an
intersection with the afore-described line
parallel with the West line of the N.W. 1/4
of the N. E . 1/4 of the S.E. 1/4 of Section
18, thence; S 000 39'30" E. along said
parallel line a distance of 150' to the
point of beginning; subject to an easement
for road purposes over the E 20' thereof.
Property OWner: Shaw Development Ltd.
Parcel Size: 4.26 acres
8. 18-46-43, Nly 354.21 ft of S 1929.10 ft of
NE 1/4 lying between Congress Avenue and SAL
Ry (less Ely 300 ft).
Property OWner: Rinker Materials Corp
Parcel Size: 3.48 acres
.
Page 4
9. Commencing at a point in the South line of
the North half (N 1/2) of the Southeast
Quarter (SE 1/4) of the Northeast Quarter
(NE 1/4) of said Section 18, said line being
herein after referred to as Line "A" where
said line intersects the westerly
right-of-way line of the Seaboard Airline
Railroad; thence, northerly, along said
westerly right-of-way line, a distance of
723 feet, when measured at right angles to
Line "A", thence, westerly, parallel to said
Line "A", a distance of 300 feet to the
point of beginning, and the southeast corner
of the parcel of land herein described:
Thence, Northerly, parallel to said westerly
right-of-way line, a distance of 171 feet;
thence, westerly, a distance of 441.18 feet
more or less, to a point in the easterly
right-of-way line of Congress Avenue;
thence, southerly, along said easterly
right-of-way line, a distance of 174 feet to
a point that is 723 feet northerly of, when
measured at right angles to said Line "A",
thence, easterly, parallel to said Line
"A", a distance of 441.03 feet, more or less
to the point of beginning. Less and except
additional right-of-way for Congress Avenue,
conveyed in Official Records Book 5370,
Pages 1532 and 1535, Public Records, Palm
Beach County, Florida.
Property Owner: STS Land Assoc LP - c/o
Michael Swerlow Co, Inc.
Parcel Size: 1. 65 acres
10. 18-46-43, S 98.01 ft of N 1400 ft of W
399.61 ft of E 699.91 ft of that part of NE
1/4 lying W of SAL RY & E of Congress Avenue
Rd R/W.
Property Owner: Clarence E Wolf Tr
Parcel Size: 0.90 acres
.
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[IT' DF DELRA' BEA[H
DELRA Y BEACH
F lOR IDA. 100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7000
....
A11.America City
, ~ III! MEMORANDUM
1993 TO: Mayor and city Commissioners
FROM: David T. Harden, City Manager f!~1
SUBJECT: ADDITIONAL REGULATIONS FOR RESIDENTIAL REDEVELOPMENT
DATE: May 24, 1994
Attached is a report of the Planning and Zoning Board's action
on this matter. I have also attached a copy of the regulations
used in another community to help deal with this issue. At
this point, the staff needs further direction from the
Commission. The Commission can either accept the
recommendation of the Planning and Zoning Board and not pursue
this issue any further at this time, or the Commission could
direct that an ordinance be drafted and public hearings held by
the Planning and Zoning Board and the City Commission.
DTH:mld
Attachments
Ylldtilm &~?~2&cud.~
J-fIB/ (~~)
9G
@ Prinled on Recycled Paper THE EFFORT ALWAYS MATTERS
.
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID HARDEN
CITY MANAGER
FROM: DIANE DOMINGUEZ
DIRECTOR OF P
SUBJECT: P & Z BOARD CONSIDERATION OF REQU
ISSUE OF RESIDENTIAL REDEVELOPMENT
DATE: MAY 18, 1994
As you know, Sandra Almy of the Beach Property Owners
Association addressed both the Planning and Zoning Board and the
City Commission regarding the Association's concerns over
redevelopment in older residential neighborhoods. Specifically,
the members are concerned that older homes in the beach area are
being demolished and replaced by large homes that do not
necessarily fit in with the character of the surrounding area.
The Planning and Zoning Board listened to her comments but did
not discuss the issue. The City Commission seemed somewhat
ambivalent regarding the need to restrict this type of
redevelopment, but they agreed to direct the P & Z Board to look
into it.
At the May 16th meeting of the P & Z Board, I relayed the
Commission's direction to the Board, and asked them to establish
a committee to study this issue. After considerable discussion,
the Board declined to set up such a committee. None of the
members support the concept of imposing additional restrictions
on single family residential development. A summary of the
opinions expressed is as follows:
* Redevelopment should be encouraged rather than discouraged;
* It is reasonable to expect that people who purchase
expensive lots will want to build large homes;
* Single family homes are the last stronghold for individual
expression--every other type of development is subject to
aesthetic review;
* The tax base will be adversely affected by additional
restrictions; with the 3% tax cap on the horizon, the City
should not be discouraging increases in property values;
* There are more pressing issues that the Board is dealing
with at this time, including the post-disaster regulations,
and they do not want to commit time to something that they
do not feel is important.
I told the Board that I would relay this information back to
Commission through you. Perhaps if the Beach Property Owners
Association feels strongly enough about the issue they could
form their own committee. I would be happy to assign a staff
person to work with them. However, unless the Commission feels
strongly that some regulation is needed in this area, it is
doubtful that the committee's recommendations would be
supported.
oraRESRED.DOC
.
.
( 7 ) Site and Building Improvement Regulations.
"'- A. Floor Area Ratio.
,
1. Limitations on allowable floor area are
established for the following purposes:
.
a. To provide adequate living space for single family
dwellings
b. To assure that the overall bulk and mas s of all
buildings on each site will be harmoniously
related to the size of the building sites on which
they are constructed.
.
c. To prevent out-of-scale developments that are
inconsistent with the preservation of neighborhood
character and open space.
2. Buildings and accessory structures constructed in
the single family zoning districts on properties
..
up to 12,000 square feet in size shall not exceed
a floor area ratio of thirty-five (35%) percent.
Buildings and accessory structures constructed on
properties of 12,000 square feet to 14,000 square
feet in size shall not exceed more than 4,200
square feet in floor area for total structures on
the property. Buildings and accessory structures
on properties exceeding 14,000 square feet in size
shall not exceed a floor area ratio of thirty
(30%) percent.
3 . Floor area shall be defined as the sum of the
gross horizontal areas of the several floors of a
building or buildings measured from the exterior
surface of the walls. Basement areas or other
below grade floor areas are excluded when more
than one-half of that basement or floor height is
below the established curb level. The area of
stairways, elevators and multi-story rooms or
atriums shall be counted on each floor level. The
area within carports, screened or roofed porches
and balconies shall be counted.
35
.
.
4. The area of screen pool enclosures shall not be (",c''''
counted in the floor area ratio. However, the t
area within screen pool enclosures shall not
" exceed five (5%) percent of the lot area unless
approved by the planning and zoning commission.
Properties may exceed the five (5%) percent
limitation for screen pool enclosures without
planning and zoning commission approval provided
the total area of all structures, including screen
pool enclosures, does not exceed the combination
of the permitted floor area ratio and the five
(5%) percent of lot area. This approval shall
insure that the screen enclosure and pool
equipment is adequately set back, adequately
buffered by landscaping, sufficiently designed to
accommodate on-site retention, and appropriate in
size and scale so as to negate any detriment to
adjacent properties.
5. Floor area ratio on lakefront lots shall only be
computed using the site area used for the
building. Land area located across a street and
separated from the building site shall not be
included in the available land area calculation.
.
6. The gross floor area of a single family building
shall include the area of stairways, elevators,
atriums, and volume ceiling spaces on each floor
level, when such height would permit a floor level
to exist with seven and one-half (7 1/2) feet
clearance. This occurs when the interior floor to
ceiling height exceeds seventeen and one-half (17
1/2) feet.
B. Impervious Lot or Site Coverage.
.
1. Limitations on allowable impervious lot or
si te coverage are established for the
following purposes:
a. To provide sufficient area on each building
site for landscaping and open space
b. To protect existing vegetation including
trees
\,'-~
36
.
.
c. To assure adequate percolation of rainfall
into the soil thereby avoiding excessive
erosion or runoff of water onto neighboring
"'- properties and promoting aquifer recharge.
2. Buildings, accessory structures, patios,
decks, drives and other impervious surfaces
. shall not cover more than forty-five (45%)
percent of the total land area of the lot.
3. Impervious lot or site coverage may be
permi tted up to fifty ( 50%) percent after
approval by the planning and zoning
commission, provided there is constructed and
maintained a stormwater retention and
management system for the first one inch of
runoff.
4. Impervious lot or site coverage shall be
defined as the percentage of the lot land
area that is covered with impervious
materials such as buildings, swimming pools,
decks, patios, driveways, etc. Standard
engineering coefficients of permeability may
be utilized for mixed surfaces.
C. Building Height
1. Limi tations on the maximum allowable height of
structures are established for the following
purposes:
a. To protect the value and enj oyment of
neighboring properties by avoiding
excessively massive buildings or buildings
whicn dominate over neighborhood structures;
b. To preserve reasonable access to light, air
and privacy for all properties;
c. To prevent the inequitable loss of private
views or the unreasonable interference with
significant public views resulting from
excessively taIlor poorly planned
structures.
37
.
.
. .
2. Height limits. The following limits shall apply
to all height determinations in residential
, districts.
"-
a. No building shall have more than two ( 2 )
stories.
.
b. No building or portion thereof shall exceed
thirty (30) feet in height.
3. Building height shall be def ined as the vertical
distance measured from the established curb level
opposite the front of a building to the highest
point of the rooftop, or the height of the
building shall be measured from the average
elevation of the existing lot gr ade at the front
of the building, whichever is more restrictive.
"
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {li;u/1
SUBJECT: AGENDA ITEM i CJH - MEETING OF JUNE 7. 1994
DIRECTION FOR BID SPECIFICATIONS/HURRICANE SHUTTERS FOR
CITY HALL NORTH WING
DATE: JUNE 3, 1994
This is before the commission for direction as to whether to
specify panel or accordion type hurricane shutters for purchase
and installation on the City Hall north wing.
Shutter installation was discussed at the May 10 Workshop Meet-
ing, at which time the Commission asked that additional informa-
tion be provided on manpower and storage requirements to install
and maintain both accordion and panel shutters.
Attached are comments from Public Works staff, who would be
responsible for installing or closing shutters in the event of a
hurricane. Also attached are comments from Risk Management and
Engineering staff.
Panel shutters for the north wing would cost approximately
$6,600. Accordion type shutters would cost approximately
$17,600. Nevertheless, because we have limited staff and time is
very limited for hurricane preparations, I recommend that we
purchase the accordion type shutter. My recommendation is also
based on the assurances we have received from industry represen-
tatives that accordion type shutters are available which meet the
impact resistance standards of the Dade County Code.
Recommend that staff be directed to complete specifications for
the accordion type shutters for bid.
Yf) crtwn to CcinLw7 CD / ~ AuonUntM<<~!aLil')
{/.e.} JJpilb r CLCbFUtffYJ ~0F ~)
~ 11&/
(/11&;07 4~ ~)
I
MEMORANDUM
TO: Robert Barcinski
FROM: ~Assistant City Manager
Richard Corwin
Deputy Director of Public Works
SUBJECT: MEMO FROM JOSE' AGUILA REGARDING HURRICANE SHUTTERS
DATE: June 3, 1994
I have reviewed the subject memo from Jose' Aguila to the City
Manager and have some concerns in his recommendations.
l. The cost to the City can also be measured in terms of
the destruction of other facilities left unattended to hang panel
type shutters at City Hall. I refer to my memo dated May 12th,
in which I address the problems of our already taxed Facility
Maintenance personnel. I would also iterate my concerns for the
quantity of hardware, tools and panels to be stored, the
maintenance of exposed fixtures and the time to hang the panels.
Because the panels would not be hung on a regular basis, all
exterior fixtures must be cleaned of rust, paint and dirt before
the panels can be hung. This was one of many problems we had at
the Police Station. Missing hardware, panel location and
identification also contributed to the confusion and delays.
2 . Dade County has completed a study of shutter types and
have established a criteria for measuring their effectiveness.
They do recognize the panel types as effective if properly
installed with the proper overlap. These panels are 2.5 feet
wide, made of 040 corrugated steel with an overlap of 6
corrugations. The depth of the retaining channel is important to
this design. The cost is approximately half the cost of the
accordion type.
3. I continue to express my opinion that the accordion type
are the best for our application requiring the least amount of
time to install, to maintain with no special tools or hardware
necessary for installation and no storage requirements.
The memo from Jose' is in error in that there are criteria
established by Dade County for hurricane shutters and include
some roll down s , corrugated panels and accordion types. I would
expect that whomever is selected to install these shutters, will
also be required to provide a letter from Dade County showing
county endorsement.
If you require further information, please call me.
RiChard~
RCflm
REF: RCRBJAHS.DOC
File: Memos to Assistant City Manager
.
.
. . "1'tlMh J./ tU.A~--j
[ITY 'OF DELIAY BEA[H
DEL RAY BEACH
I L () R I U " 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444
twa:d . . 407/243-7000
(Till! M E M 0 RAN DUM
'1.'0: Jose Aguila, Assistant constp':-
1993 Ii'ROM: Lee R. Grahmo, Risk Manager
DATE: June 1, 1994
SUBJECT: City Hall Hurricane Shutters, North Wing, Project Number 94-91
The hurricane preparedness of the City Hall building always looms large at
this tline of year. Certainly, everyone agrees that some type of shutters
or protective panels are desirable to prevent or minimize interior damage
to the building and contents.
Obviously, covering every window would be the best solution to the problem,
but short of that, certain areas are more vulnerable than others. I
believe that the city has an inherent hazard problem with the huge computer
equipment located on the ground floor. '1.'his area should be protected
first, even if it is the only section to receive protection.
As to the question of changing code requirerr~nts and the resulting products
now available, I would take the position that a highly rated protective
panel would be a wise choice now, rather than waiting for new standards to
guide our choice. Although I do not profess to have technical knowledge on
the subject, I believe that a good choice of panels now is much superior to
leaving the windows unprotected.
From an insurance standpoint, all City property including the main City
Hall building is covered for windstorms (a broader term than hurricanes,
since it includes tornados and any other wind in addition to actual
hurricanes). Our coverage is subject to a $75,000 deductible per
occurrence on an all risk basis. Losses would be paid on a 100%
Replacement Cost Basis without depreciation. The reason I mention this
topic is to verify that the City has property insurance regardless, but the
massive inconvenience and disruption that would result from a loss should
be considered.
As for the timing, today starts the 1994 Atlantic Hurricane Season, the
commonly regarded six-month period when storms are.most likely. If there
is a way to accelerate the selec tion process so that the installation can
be completed before the August 31, 1994 date, from a Risk Management
standpoint, it would be all the better.
LRG/rc
Attachment
cc: David T. Harden. City Manager Rnlph Hayden, Ci q' Engineer
William (,reenwooCl, ~n'l. ~ L"V . Vir. JCi:;eph SafiGcd, t'l.ft. Vil..
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
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ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: D~vid T. Harden R~CI2I\1I2D
Cl.ty Manager H. '
Prom: Jos~ A9Uil~ :4Y 3 1199+
Asst. Construction Manager ~/SkMGM
r.
Date: May 31, 1994
Subject: city Hall Hurricane Shutters, North Wing
Project No. 94-19
. . . . . . . . . . . . . . . . . . .. ..........
~t the regular City comission of May 17, 1994 some questions were
raised relative the bes~: way to proceed regarding which panels to
use on the North Wing of City Hall. The questions raised included:
1. What would the cost be in City personnel to install
hurricane panels before the storm, and remove them after
the storm.
2. Should we consider using accordion type shutters or
manually installed panels, and what effect will this
decision have on the remainder of the City Hall facility.
3. What will future impact codes have on existing panels.
In response to these questions; if City personnel were to install
these panels, the cost associated, based on two persons for 10 to
12 hours, would be in the range of $1,500.00 to $2,000.00. This
does not take into consideration other regular or hurricane
preparation duties not being performed by these employees.
The cost of the accordion type panels will be in the range of
$800.00 per window, with 22 windows representing $17,600.00. The
cost of manually installed pan'Jls are in the range of $300.00 per
window, representing $6,600.00. Considering the cost by City staff
to install these panels, it would be more cost effective to use the
manually installed panels.
What aesthetic and functional effect this decision will have on the
remainder of the facility may be premature, since we are only
dealing with one level, and the codes regarding impact loads are
being reviewed for modification by Palm Beach County. These
changes are not expected to be in effect until September of 1995.
It is important to note that according to the trades currently
dealing with hurricane protection products, there are no panels on
the market which are, able to comply with the anticipated code
requirements. There are new products entering the market almost on
,
. .
a daily basis, and we will continue to monitor these products as
they become available. Since the future is so uncertain, it may be
wise to ei ther do nothing, for now ~h... Risk MJ\n~q~men~
~~cu~r~~ce, or opt for the more cost e ective alternative ana-
~elec e-manually installed panels.
On May 26, 1994 the Consultant, Gee and Jenson met with city staff
members to review a possible schedule based on June 7, 1994 City
Commission action and have agreed on the fOllowing:
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June 12, 1994 Advertise for Bids
June 23, 1994 Receive Bids @ 3:00 PM
July 5, 1994 Commission Award
August 31, 1994 Panels installed
Please feel free to contact me should you have any additional
questions.
cc: Bill Greenwood, Director ESD
Ralph Hayden, City Engineer ./
Lee Graham, Risk Management
File
File: 94-19 (D)
\ESD\9419\whypnls
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MEMORANDUM
TO: ~ Robert Barcinski
,- Assistant City Manager
FROM: Richard Corwin
Deputy Director of Public Works
SUBJECT: HURRICANE SHUTTERS FOR CITY HALL NORTH WING
DATE: May 12, 1994
When Hurricane Andrew threatened the City in 1992, the Public
Works staff was mobilized to perform numerous pre-storm
activities among which was shuttering the Police Department.
During this even t , all streets and traffic personnel were
assigned to securing all loose debris and fixtures City wide,
fueling all vehicles, placing equipment and crews at designated
locations for post hurricane clean-up, securing equipment from
contractors, dispensing survival goods, movi~g office equipment -
to more secure areas, providing for their own needs, checking'
emergency generators and other equipment and generally assisting
other departments with e~ergency preparations.
Public Works is staffed with a total of 32 personnel and 5 are
Administrative. Facility Maintenance consists of 1 Crew Leader
and 3 Building Maintenance Workers. It is the task of these men
to prepare our buildings for emergencies and provide support
following emergencies to restore facilities to operational
status.
The Facility Maintenance crew were assigned to shutter the Police
Department. This task required 10 hours to complete because of
the type of shutters used by the Police Department. The
corrugated metal panels are slid into top and bottom rails which
are permanently fastened to the building. It was discovered that
several fasteners did not penetrate the foam and concrete far
enough to provide a solid fixture. The panels were un-numbered,
of varying sizes and did not have designated locations making
installation difficult.
The threads of most fittings were coated with paint, rusted or
missing wing nuts. Many had wing nuts rusted on fittings and
were generally in poor condition. Because of the overall
condition of the shutter fittings and panel rails, many windows
were at risk in high winds.
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This type of shutter is not recommended for use City wide due to
manpower requirements to install and maintain them and the many
pieces of hardware necessary to secure them.
For the lower level; north wing; 20 windows, it would require
additional manpower we cannot spare during pre-hurricane
preparations. .Because there is no storage facility large enough
for the number of shutter panels at City Hall, they would have to
be stored off site, making installation more time consuming.
If 2 men were assigned the task of shuttering the North wing, it
would require approximately four to six hours. If accordion type
shutters are installed, 1 man could easily shut and lock them
without tools or lengthy preparations and could be done by City
Hall personnel. These shutters are also more secure due to a
fixed frame railing around the entire window and would remain
installed year round. This would permit shuttering at anytime
using minimal manpower or time.
If you have any questions to where I can be of further
assistance, please call me at extension 7294.
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Richard Corwin
RCflm
REF: RCRBCHHS.DOC
File: Memos to Assistant City Manager
Hurricane ShuttersfCity Hall
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ CITY MANAGER
SUBJECT: AGENDA ITEM # CfH - MEETING OF MAY 17. 1994
DIRECTION FOR BID SPECIFICATIONS/HURRICANE SHUTTERS FOR
CITY HALL NORTH WING
DATE: MAY 13, 1994
This is before the commission for direction as to bid specifica-
tions for purchase and installation of hurricane shutters to City
Hall north wing.
Shutter installation was discussed at the May 10 Workshop Meet-
ing, at which time the Commission asked that additional informa-
tion be provided on manpower and storage requirements to install
and maintain both accordian and panel shutters.
Attached is a recommendation from Richard Corwin. Staff requests
Commission give direction so that bid specifications can be drawn
for the purchase and installation of shutters.
Recommend that staff be directed to complete specifications for
the accordian type shutters for bid.
fJ~
{. R e.<.JiM pl2ojJoseo ~7"Cf
o,eoI/l.4-nc.c..J
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MEMORANDUM
TO: ~ Robert Barcinski
. Assistant City Manager
FROM: Richard Corwin
Deputy Director of Public Works
SUBJECT: HURRICANE SHUTTERS FOR CITY HALL NORTH WING
DATE: May 12, 1994
When Hurricane Andrew threatened the City in 1992, the Public
Works staff was mobilized to perform numerous pre-storm
activities among which was shuttering the Police Department.
During this even t , all streets and traffic personnel were
assigned to securing all loose debris and fixtures City wide,
fueling all vehicles, placing equipment and crews at designated
locations for post hurricane clean-up, securing equipment from
contractors, dispensing survival goods, moving office equipment
to more secure areas, providing for their own needs, checking
emergency generators and other equipment and generally assisting
other departments with emergency preparations.
Public Works is staffed with a total of 32 personnel and 5 are
Administrative. Facility Maintenance consists of 1 Crew Leader
and 3 Building Maintenance Workers. It is the task of these men
to prepare our buildings for emergencies and provide support
following emergencies to restore facilities to operational
status.
The Facility Maintenance crew were assigned to shutter the Police
Department. This task required lO hours to complete because of
the type of shutters used by the Police Department. The
corrugated metal panels are slid into top and bottom rails which
are permanently fastened to the building. It was discovered that
several fasteners did not penetrate the foam and concrete far
enough to provide a solid fixture. The panels were un-numbered,
of varying sizes and did not have designated locations making
installation difficult.
The threads of most fittings were coated with paint, rusted or
missing wing nuts. Many had wing nuts rusted on fittings and
were generally in poor condition. Because of the overall
condition of the shutter fittings and panel rails, many windows
were at risk in high winds.
I
This type of shutter is not recommended for use City wide due to
manpower requirements to install and maintain them and the many
pieces of hardware necessary to secure them.
For the lower level; north wing; 20 windows, it would require
additional manpower we cannot spare during pre-hurricane
preparations. Because there is no storage facility large enough
for the number of shutter panels at City Hall, they would have to
be stored off site, making installation more time consuming.
If 2 men were assigned the task of shuttering the North wing, it
would require approximately four to six hours. If accordion type
shutters are installed, 1 man could easily shut and lock them
without tools or lengthy preparations and could be done by City
Hall personnel. These shutters are also more secure due to a
fixed frame railing around the entire window and would remain
installed year round. This would permit shuttering at anytime
using minimal manpower or time.
If you have any questions to where I can be of further
assistance, please call me at extension 7294.
~~ ~
Richard Corwin
RCflm
REF: RCRBCHHS.DOC
File: Memos to Assistant City Manager
Hurricane ShuttersfCity Hall
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[ITY OF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM b/7/9'-1
DATE: May 19, 1994 Y!lotWn h ~ $50 t:-
JJU:tWrrwxSt 0fF7 ~
TO: city Commission Lj ta f (t:A170CK.-PH c/;SSCi)17/J9)
FROM: Susan A. Ruby, City Attorney {!OI75&!SU$: {lOIl/lmss /Ci 17 IS W////i/9 10
looK pi /fl7o'/h&e dol/~ P/17ot..U7<l-;'~
SUBJECT: Roy Simon Claim - Settlement Offer /~ /:5 f:Ei.fScJf)/:J/'IE 0/- &In /;c
do ou-m t::nlE.o
As you may recall, Mr. Simon made an original demand of
settlement regarding the contract to provide tennis facilities
at Lake Ida Park in the amount of $80,000. The City Commission
rejected the offer and counteroffered in the amount of
$3,347.00 at its November 9, 1993 City Commission meeting.
This counteroffer was rejected by Mr. Simon by way of a
November 30, 1993 memorandum.
Mr. Harden and I met with Mr. Simon and his attorney in January
of 1994 to determine more adequately the derivation of the
$80,000 claim. Our office received the attached letter from
Mr. Simon which itemizes the bases of Mr. Simon's claim. Mr.
Simon has also indicated that he would accept a total sum of
$50,000 in settlement instead of the $80,000 original demand.
Our office derived the original $3,447 counteroffer number
based on a five percent (5%) termination fee of the amount of
money paid to Mr. Simon by the City. The City's financial
records indicated that Mr. Simon was paid $68,943.42. Five
percent (5%) of that number resulted in the $3,447.00 offer
from the City. Since our meeting with Mr. Simon, our office
has reviewed the $80,000.00 offer and the basis, therefore,
in conjunction with his contract with the City for
architectural services for the tennis center at Lake Ida Park.
(The contract between Mr. Simon and the City was formally
terminated by the City Commission on July 28, 1992.
The contract provided a fee of eight percent (8%) of the
construction cost as defined in Article V of the contract.
Article V defines construction cost to be the total cost or
estimated cost to the owner of all elements of the project
designed or specified by the architect. Construction costs
does not include the compensation of the architect and
architect's consultants, the cost of land, rights-of-way,
financing or other costs which are the responsibility of the
@ Prinled on Recycled Paper ttj:
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City Commission
May 19, 1994
Page 2
owner. The contract specifically was for architectural
services for a tennis facility at the Lake Ida site which
included sixteen (16) lighted courts, pro shop, restroom
facilities, courts ide rest shelters, site work consisting of
parking areas with turn outs, west access road alignment, site
lighting, landscaping and irrigation. The architect provided
an estimated construction cost of the facilit~ of $1,000,029.00
for the Lake Ida Project. However, Mr. Simons demand is based
on the construction cost of the current tennis facility. It is
our opinion that the construction cost of the Lake Ida facility
would be the correct construction cost to use in this
situation. (Further, even if one used the construction cost of
the current tennis facility, the 2.2 million dollar
construction cost of the current tennis facility includes land
acquisition costs, demolition costs, etc. , which should be'
subtracted out of the 2.2 million dollar cost as used by Mr.
Simon. )
The following numbers are computed according to the contract
using the $1,029,000.00 estimated cost as provided by Mr. Simon
for the Lake Ida Project and not the current tennis facility.
According to the contract, Mr. Simon was entitled to a fee of
seventy percent (70%) of eight percent (8%) of the construction
cost for the completion of the work through the construction
documents phase.
Using the estimated cost for the project at Lake Ida by Mr.
Simon in the amount of $1,029,00.00 multiplied by eight percent
(8%) ($82,320.00), multiplied by seventy percent (70%) results
in a fee of $57,624.00 earned by Mr. Simon. According to our
records, Mr. Simon was paid $68,943.42 on the Lake Ida Project.
However, this number also included payment for reimbursables
for the Lake Ida project and other schematics not related to
the Lake Ida project. Therefore, using the fee supplied by Mr.
Simon as the payment received by him for the project of
$54,480.00, and subtracting that number from the fee of
$57,624.00 earned results in an amount due of $3,144.00 on the
contract.
In addition, the contract calls for termination expenses in the
amount of five percent (5%) of the fees earned to date to the
date of termination, plus additional termination expenses.
Multiplying five percent (5%) times the earned fee of
$57,624.00 equals $2,881.20. Adding the number due on the
contract and the five percent (5%) termination fee results in
an amount due of $6,025.20.
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City Commission
May 19, 1994
Page 3
In addition, Mr. Simon claims termination fees in the amount of
$3,000.00. Mr. Simon has not itemized what those termination
fees were for, however, if the Commission desires to add those
fees, the City would owe $9,025.20.
Even if you figure in the additional monies earned by Mr. Simon
in the amount of $5,165.00 for the conceptual plans he did, not
belonging to the Lake Ida site as requested by Mr. Simon and do
the necessary computations, the City would owe, including the
$3,000.00 termination expenses, $9,283.45.
By copy of this memorandum to David Harden, our office requests
that the settlement offer in the amount of $50,000.00 be placed
on the City Commission agenda for their consideration. In
addition, the City Commission may want to consider a counter
offer as outlined herein. Please do not hesitate to contact me
if you have any questions regarding this matter.
Attachment
cc: David Harden, City Manager
Joe Safford, Director of Finance
Lee Graham, Risk Manager
David Schmidt, Esq.
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SIMON AND SCHMIDT
ATTORNEYS AT LAW
P. O. SOX 2020
100 NORTHEAST F'IF'TH AVENUE
DELRAY BEACH, FLORIDA 33483
ERNEST G. SIMON TELEPHONE (407) 278-2601 WEST PALM 8EACH
OAVIO W. SCHMIOT FAX (407) 265-0286 737-8222
January 27, 1994 ~ rn @ r" 0 \1!7~ .1r01
L5 L__ I, I
Susan A. Ruby, Esquire I~I -Wi 3 1199~ i:: Ii;
City Attomey
City of Delray Beach IU ' ""
200 N.W. 1st Avenue
I _IL'/i
Delray Beach, Florida 33444 ~
Re: Roy M. Simon/Delray Beach Tennis Center
My File No. 190.38
Dear Ms. Ruby:
As a follow-up to our meeting of January 13, 1994, below is
set forth how Mr. Simon and I corrputed the amonnt due to him
nnder the terms of the contract.
It is irrportant to note that prior to the actual
construction of the City Tennis Center, Mr. Simon and city
representatives were dealing with an estimated cost of
construction. Mr. Simon's fee nnder the terms of the contract
was to be eight percent (8%) of the construction cost. Mr. Simon
has confirmed with the city finance director that the actual cost
of the construction of the tennis center, not including the
stadium, was $2,200,000.00. At the time the City allegedly
abandoned the project and atterrpted to terminate Mr. Simon's
contract, he had corrpleted the construction documents. According
to the payment schedule of the contract, Mr. Simon was entitled
to a fee of seventy percent (70%) of the construction cost
through corrpletion of construction documents. Accordingly, Mr.
Simon was entitled to a fee of $123,200.00. Mr. Simon has
received payment of $54,480.00 for basic services nnder the
contract, leaving a net due to him of $68,720.00.
Under the terms of the contract, if the City abandoned the
project, which we dispute, Mr. Simon was also entitled to
termination corrpensation. '!his is corrputed as five percent (5%)
of the fees eamed to date, plus any termination expenses. As set
forth above, based upon the actual construction cost of the
tennis center, Mr. Simon was entitled to a fee of $123,200.00.
In addition, Mr. Simon was paid $5,156.00 for additional
services, for a total of $128,356.00. Five percent (5%) of this
sum is $6,417.00. In addition, Mr. Simon had termination
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expenses of $3,000.00, for total contract termination in the
amount of $9,417.00.
We compute the total sum due to Mr. Simon at this time as
$78,137.00, plus attorney's fees. This was the basis for our
settlement demand of $80,000.00. As I info:rmed Mr. Harden and
you at our meeting, this figure you te:rmed "outrageous" was not a
number that we picked out of the air, but was computed in
accordance with Mr. Simon's contract with the City.
. Mr. Simon finds the City's offer of paying only termination
expenses and possibly attorney's fees to be inadequate. In an
attempt to settle this matter, Mr. Simon has agreed to reduce his
settlement demand to the total sum of $50,000.00.
Please discuss this offer with Mr. . Harden and then get back
to me. I look forward to your response.
Sincerely yours,
h~;L-J / ,
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David W. Schmidt
DWS : dr
cc: Mr. Roy M. Simon, AIA
David Harden, City Manager
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6/7/9 C; - c{fJuMl7 t6 /[~ --/udJflU'/ICcf {' 1\/
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(;/V~ C/-
[ITY OF DELIAY BEA[H ~)
CITY ATTORNEY'S OFFICE 2()O NW 1st AVENUE. DELRAY BEACH, FLORlDA 33444
Wr~t_r.B n~rect L~ne
FACSIMILE 407/278-4755
(407) 243-7090
MEMORANDUM
Date: June 1, 1994
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Horenburger v. City t
In 1989, Frederic Horenburger filed suit against the City
alleging improper maintenance of a City road caused his car to
crash into a parked truck. On the date the case was called to
trial, Mr. Horenburger voluntarily dismissed the lawsuit. Mr.
Horenburger re-filed his lawsuit on August 15, 1991.
The City was able to obtain a stay of the second suit until Mr.
Horenburger paid approximately $6,000 in costs incurred in the
original lawsuit. The court awarded the costs because it found
the original case was dismissed in bad faith. Mr. Horenburger
appealed that ruling to the Fourth District Court of Appeals.
The Court of Appeal upheld the award of costs to the City in
March, 1993.
In April of 1994, the court granted the City's request for
dismissal of the second lawsuit due to Mr. Horenburger's
failure to prosecute the case during the year after the court
denied the appeal. Mr. Horenburger's attorney has stated that
he would appeal the court's order dismissing the lawsuit;
however, if the City would agree to release Mr. Horenburger
from the obligation of paying the $6,000.00 in costs, he would
not appeal the dismissal.
Mr. Horenburger does not have the ability to payoff the cost
judgment, It is our office's opinion that the City has
obtained the objective sought. Mr. Horenburger's case was
dismissed and he is unable to file another suit against the
City concerning this incident. Rather than fight another
appeal, with a possibility that the Court of Appeals overturns
the dismissal, we would agree to release the cost judgment.
Therefore, at this time we are recommending that the City
Commission grant a release of Mr. Horenburger from the
obligation to pay $6,028.32 in costs.
Please call if you have any questions.
DNT: sh 9 J
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
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[ITY OF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
Wr~ter'. D~rect L~ne
FACSIMILE 407i278-4755
(407) 243-7090
MEMORANDUM t/7/1'L!-- ~
Date: June 2, 1994 1/18/ (~OJ
~~)
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Settlement of Tippett Claim
Mr. Tippett owns a home at the corner of N.E. 9th Avenue and
Dennery Lane. In 1992, the City's contractor performed
drainage and sewer work along the boundary of Mr. Tippett's
property. The City installed a 3-inch force main along the
east boundary of Mr. Tippett's property. The force main was
installed without first obtaining an easement. In the process
of installing the force main, four palm trees were removed
without Mr. Tippett's permission.
Following the placement of the force main, the City's con-
tractor paved a 1000 square foot portion of Mr. Tippett's
property as a portion of N.E. 9th Avenue. The City had not
acquired the right-of-way easement from Mr. Tippett.
Additionally, the City's contractor installed a sanitary sewer
line along Dennery Lane which is a private road. The City did
not acquire an easement for the Dennery Lane sanitary sewer.
As a result, Mr. Tippett and the City have been negotiating
over the last 18 months to try to resolve the various property
matters. The parties have been able to agree on a $6,000.00
settlement payable to Mr. Tippett, who in return, will provide
the City with the right-of-way deed for N.E. 9th Avenue, the
sanitary sewer and force main easement along both the east and
north sides of his property.
The contract with the City's consultant did not clearly outline
whose responsibility it was to obtain the easements. In any
event, the City would have to pay for the easements whether
they were acquired prior to or after construction. In this
case, the City is acquiring the easements after construction.
Therefore, our office is requesting that the City commission
accept Mr. Tippett's offer of $6,000.00. Our office will
prepare the deed and easements and insure they are properly
recorded.
9 K
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City Commission
June 2, 1994
Page 2
Please call if you have any questions.
DNT: sh
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
tippettl. dnt
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[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE 2lltJ NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSlt>lJLE 407;278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: May 19, 1994
TO: City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution Objectinq to Proposed Public Utilities Fee
The County Commission is expected to hold a public hearing on
second reading of the attached ordinance which would impose a
public utilities fee to fund the County's Wellfield Protection.
Program. It is expected that this second and final reading and
public hearing will be held in June.
Trela White on behalf of the City of Lantana has drafted a
resolution opposing the utility fee. I have modified the
resolution for our use and would request that the resolution be
considered at the City Commission meeting of June 7, 1994. It
is my understanding that this resolution is backed by the
municipal league and the cities of Boynton and Lantana have
already passed the resolution. In addition, it is expected
that the City of Magnonia Park, Jupiter, Atlantis, Royal Palm,
and Boca Raton will also be objecting to the fee.
In addition to the attached resolution and proposed ordinance,
I've provided a legal opinion regarding the legalities of such
a fee.
Please call if you have any questions.
Attachments
cc: William Greenwood, Director of Environmental Services
Diane Dominguez, Director of Planning and Zoning
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6/7/9L/ qL
~ Pnnted on Recycled Paper
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RESOLUTION NO. 47-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VIGOROUSLY OPPOSING AND OBJECTING TO THE
BOARD OF COUNTY COMMISSIONERS' PROPOSED AMENDMENT TO THE
UNIFIED LAND DEVELOPMENT CODE, WHICH PROVIDES FOR A
PROPOSED PUBLIC UTILITIES FEE AS A SOURCE OF FUNDING FOR
THE COUNTY'S DEPARTMENT OF ENVIRONMENTAL RESOURCES
MANAGEMENT WELLFIELD PROTECTION WORK; PROVIDING FOR AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, a proposal is being considered to implement a public
utilities fee based on last year's average treated water pumpage, or the
number of existing and proposed wells and the number of permitted
! facilities in the wellfield, to be used as a source of funding for the
i County's Department of Environmental Resources Management (DERM) Wellfield
Protection work; and
WHEREAS, based on last year's average treated water pumpage of
3,901,392 gallons or the number of existing and proposed wells and the
number of permitted facilities in the wellfield, the City of Delray Beach
I would be assessed the amount of $19,506.00 or $52,023.00, respectively,
. for the fiscal year; and
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WHEREAS, the adoption of this ordinance establishes direct
taxing authority over municipal utilities by the County for the purpose of
supporting a County program and is beyond the authority set forth in
Sections 1.3 and 3.3 of the Palm Beach County Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of Delray Beach,
Florida, vigorously opposes and objects to an amendment to the Palm Beach
County Unified Land Development Code, which provides for a proposed public
utilities fee as a source of funding for the County's Department of
Environmental Resources Management Wellfield Protection work.
Section 2. The City Commission of the City of Delray Beach,
Florida, is opposed to this utility fee and further believes that DERM is
expanding its regulatory program beyond the intent of the Wellfield
Protection Ordinance by proposing said fee and that the Board of County
Commissioners is exceeding the authority as set forth in Sections 1.3 and
3.3 of the Palm Beach County Charter in attempting to assess such a fee
upon municipal utilities.
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Section 3. This Resolution will become effective immediately
upon passage, a~d the City Clerk is hereby directed to forward a copy of
the same to the Department of Environmental Resources Management, the ;
Board of County Commissioners, the Palm Beach County Municipal League and i
all other appropriate agencies.
PASSED AND ADOPTED in regular session on this the 7th day of
June, 1994.
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i f2DVTrfflJ/'Jv tifl Jlo *
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- 2 - Res. No. 47-94
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[ITY OF DElRAY BEA[H
CITY ATTORNEY'S OFFICE 2f)1) :-;W hI A\"E.\'t..:E . DELRAY BEACH, FLORIDA 33444
F.\CSI:--llLE .;U7278.~755 Writer I s Direct Line
(407) 243-7091
MEMORANDUM
DATE: May 19, 1994
TO: city Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Leqality of the Proposed Public Utilities Fee
Florida Statutes Sec. 373.023(2) states that, "No state or
local government agency may enforce, except with respect to
water quality, any special act, rule, regulation, or order
affecting the waters in the state controlled under the.
provisions of this act".
The Palm Beach County Charter in Section 1.3(1) limits the
the power of Palm Beach County to enact Wellfield Protection
ordinances within the parameters set forth in Section 3.3 of
the Charter.
Section 3.3 of the Palm Beach County Charter does not expressly
permit the imposition of fees, but instead permits Palm Beach
County to protect the health, safety, and general welfare of
all the residents of Palm Beach County by enacting ordinances
to accomplish those purposes, including a Countywide Ordinance
relating to the protection of wells and wellfields by providing
criteria for regulating and prohibiting the use, handling,
production and storage of certain deleterious substances which
may impair present and future public potable water supply,
wells and wellfields.
The aforesaid provision of the Florida Statutes and the Charter
of Palm Beach County appear to prohibit the implementation of
the proposed public utilities fee on the number of gallons
pumped from the aquifer. In addition, the State of Florida,
not Palm Beach County, has the ownership rights to the aquifer.
In addition, our office believes that this fee is in actuality
a tax which is not authorized.
Based on the foregoing, it is our office's belief that the
public utilities fee, as proposed is not legally enforceable.
@ Pnnted on Recycled Paper
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city Commission
May 19, 1994
Page 2
-Please call if you have any questions.
cc Davi Harden, City Manager
William Greenwood, Director of Environmental Services
Diane Dominguez, Director of Planning and Zoning
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ORDUlANCE NO.
1 AN OltDINMOE 01' TIl~ f'Ohl\D or COUNTY
~ COKHI8810N!lRB Oi' P1ILM ~IH\CH COUNTY,
3 ,W1UD^ AMENDING 'I'HS UNIFIED LANO
4 OIVBLOPHENT COOl, ORDJ~MCB 92-20, AS
5 AHENDBD, AMINOINO eunSECTION '.lX, FE!S,
6 AMINDING BIOTIoN 9,3 TO ADD SUBSEO'I'ION
7 t.!P, PUBLIC U'l'ILIT;eS nil AHlNDINQ
8 SBOTION P.J TO APD BUaSflC'l'10N '.3Q,
9 .ILLrIELD PROTBCTION lOND' PROVIDING FOR
10 ~.P.~~ Of LAWS IN CONFLIOT, PROVIDING FOR
11 BZV.RADI~ITY, PROVIDInG FOR INCLUSION IN
12 'rH. CODE or IJ\WS 1Jl'O ononn\NCU 1
1) PROVIDINa FOR AN Z~Fza~IVI DATZ.
14 WHIIRIAS, Palm Beach county enacted ordinancQ 92-20,
15 commonl y known as the Un it hd Lftnd DtJvulopment COdlU and
H ,",1":lAS, the Soard of County Commi..ionor. enaoted
11 ordinance 91-29, commonly known a~ the Palm S~ach Cou"nl:.y
19 Wal1field ProtectIon ordinance and incorporat.d it into tho
19 Unified Lftnd Oevelopment Coda at ..otion 9.3, and
20 WlIEIlrlA8, the BoarQ of county commi..ioner. hss
21 deter1Jllned that the alllel1dmente contained In thi. Ordinance
22 turthor8 the Intent and policy to ensure, under the Palm Baach
23 County Wellfl.1d Proteotion ordinance, the continued health,
24 eataty, welfare, and quality or the environment for r..ident.
25 ot and vlaitotB to PalM Beaoh County.
26 NOW, '1'HPJRBrORI, 81. IT ORDAIN!!D BY THlI BOMU> 07
27 COU~y aOKNI8.ION~R. or PALM IRACH COUNTY, FLORIDA, that'
28 .".'1' 1.
;:9 seotion 9.3 or the unified L&nd Oevelopment Cod., a. enacted
30 by ordinance 92-20 and amendod trom time to time, is horoby ..
",
H amendod ftA follo~8:
32 8USFA1\T 1. SectIon 9,3K, ~, is hereby r;mendad by addlnq
J3 th8 followin9 subsections I
H 9, Permit hDdiric~tion Fee. The rea for modification or a
3S corroit dU, to oonstructiQn or recon~tructlon ot a facility ~s
36 oatabliahed by the aDproved Ces ~ch~dul~
J7 l.P. . Annual UUlity F.-. An ahn~l fft~ _ball be rmauIred of
]B !1l.l....cotabl. w~tGr -DubHc utqitieajn palm Beach 9,QlW.tv ~liloh
:)9 pumD Qroundwnt~s grovid.d for in ..c~ion 9,~.P.. aI1~ tha
40 &poroved re. Sohedule,
r:;~" 1) 1
~v~~
,
85/11/19'34 11: 48 407-E83- 3375 1~,C1F'Et:.T'1 :~ i,,!HI c.: F.;:....I."1c=..
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1 lL..... Wdyer. ~he rees d~9C~ib~u in ;~~ro~ 1. thl:gu.gh 9. of
2 thIs subsec.tion are ......!.vlicl for fAmi t in ODQrated bv P!\iE
J ~h~~mlclP~Llt.h:L~llhl.n....fll..lJn l'eMh Coun.t.Y. and all
4 ~le watu ..IDIbl1c util it,;ln-~lLm!!llP Qt'Qund~
5 BUDI~nT 2. sactlon 9.J 18 hereby amandad by addln9 'Ubsectlon
6 P, ~Q~UTILITI~S~, 88 to11Qws:
7 h- PUBLIC U~ILITIES FE~
8 L. Ml10 utili~Jes P'ee...u This fee Bhll.ll~
9 to all DotAbh ....ater ~ublic utilitJ.k;s 1n PaJIlI.J!811ch county
10 whi9D-R~mD aro~ndw~~er. TIlL fele shaH be bft.sed eit:.har UDon
11 the amount o! treated a(Q~ndwatQr cumD~d Qr upon t~. numbQr Q'
12 ~l1s that are perm! t.t.ed as Qm&rg:.~ru:Y standQy wlIlls, whlo1levu'
1J .lI-.Jv:eat.el'. The fee b~n t'.l\9 number of P.um.ll.t.U
H emerq.ncy ~tandbv ,~ Shall b~blishoQ Qy thu !lDDrOV'~
15 rea saltedule. The toti~ ree ba.~a u~n the amouot of tr.at~~
16 9roundwatar blllllDe.d in anY aiyeI1J:;1l1e;Jdar year shall bLJ!~
17 t~_ t.h8 eXDenaes lnQurI:~ in carryinq out the DrOyin~lW. of
19 ~hi. ,.ctlon in the suo~~~pin9 ,180111 YQar. 1mss oroqram t.as
19 ~eDoslted that Year _in-~h~~f181d prQtectlon Iun~ as fi~t
20 forth in.. 88ctlon 9.:1. Q ..__The amount of h3' collected ~rolU..l.li
21 ~~bl1c \1t1Iit.iJm._\!lltJer thj B ~s.Qotion 1n any aiv~n
22 rille.l v.a~ shall not exceed tl1-a ,n~unt Drovlded tor in tpQ
aJ ~~roved Fee SchedUle.
24 lL. rtu_. bUIi1 UDon the Al1IOUf\t of tn~~lId
25 ~~~at,r RumQ~q-W111 ~a calculat3d an rollo~8:
26 1.ll Qommenoinq 9ctgber 1. 19U. and contin~ill~
27 everY october UtIareaft.er. on estimated ann\ll..l fee lIball bll
28 ,.Jculahd based .mL. the totlll trel1tod groundwater PUlilDf!J1
~9 s)urlna the immediatelY t>recedln<LMlendar vearl COlllllStlCtllS1
30 Q,g.t.\llW:- 1. 1995 . and conttnuinq Gverv vear thereafter. t.he
Jl t.timat.d annual teos-AhAil_pe ad1u6tgd based upon tha aatu&l
J2 tptal finlsb~qroundwater pumDltd dlJr.J,n9 t.he ImmOdiately
')J nxaQ~~lna calendar y~ar. In any gtven vear. if the a.eimat3d
34 rea i8 great,,!: -.tbAn the l\d.i.\.u:tsd r u.... a credit-for Milt
2
I
. O~,i 17/1 '3'34
11: 40 4>J7 -1083- 3 ,:75 '~:C{r-'i.::ETT:::, :",It~i-:-E .'
~;:"'_1C.
1 llttJu:..ance Bh<1.lL!;/!LjUij21.i1uL!llI.4.inJ;~~t.h~t ut:i11ty. s_ UI;il'i\llt~J
2 t..u...Js1r the cu['renL.Y.lliU:l-1L.!;.h.~..Jlli.t.J1!l~tad tee iL..l~.~jL~
J AStlYJlt&9J.~l. di I' (enO~iLrJhl1~....imJJ.1~~~
4 l.I.UillY.!11...au;lmate~ fee for thiLQMrr:.(' nt, 'lear.
~ ill ~stlrna t!lQ.-.!urJ.----.Ill U~ Qf minulJ .-AllY
6 A.4iu.~~U be dU.9.-ADd Q....inq cQ;i'rn.encina Jan\'a~ 1.......lll~
7 ,nd every J~n~~-1_thereatt~rl in th~ al~~rnatlv3. ~ utl11t~
a Aub1.d t:o~~io.n..mav. sUbjeot to ERM Opp,nl.Yall cnt~
9 1nt.iL.An.....llStt.lLftl11ent. ....1 th ERM to ...RJlY._~ lllmua 1 fee in t\l(jl..l.Y--~
10 equal month4Y_.inJitallments,
11 ltUBPAnT ), S~ot1on 9.J 1a hQroby omendod by addinq subueotion
12 9. :10, WELLFIE:wL.f.BQl'&.c:nON rUtI];!. liS tollow.,
1'3 a.... Wel1field ProtftctLQn~
14 The We llC 1alC! P~oteotlon fund shall bl,} .U.tAhHflhed
15 .t..UJot ivtt Oc,ctober 1. l!l94J.DtLtb~1 oonllht oC all few
16 colleoted t1od.u:... sUbsection K, ._aj..l-PJ.:'~LQti.<1!lJrolll sllle o(
17 We~lf~.~J(~ion_M80s pub11~~-b~~
16 ~I..dll from feQs collecte~--bY~lm suoh County tg;t
19 chot20opyina ot W~llriold Protq~~!on lilo. an~
20 all tn'o~ from fees. collectGd l:lY.. J>l!I.1m D\1!lch County fo;.:
21 ~.w.G.g.r_.lIl2.Qi torina cory 1call..-llmc;LLcolhctad herein ahill
22 be used fo~_ _!lQ~e purpOSL-9J::.~~2_t1!' c:ollta of
2J wol\t19~~rotectlon activj~i~~ ~n2~~~nd~r thiQ ~~
014 ~QU..l. REPEAL OJ LAwe IH-qQllf~~~
25 All local laws and ord inanCI'HI applying \:0 the
016 uninoorporated area of Palm g.ach County in conrlict with any
27 provlalon oC thig ordinance are her~by r~p.aled to the extent
28 ot any .uch conflict.
29 nCTIOli 3. .fHiVERl\BILITY I
30 If any geotlon. p!lrngrapI1, lJentenciS, cJ,Q\l6e, phrase,
:H or word ot this ordinance 1s tor any reabon held by th. Court
32 to be unconstitutional, inoperative or void, such holding
33 ghatl not affect the remaind.r or thia ordinanoo,
:J4 8BCTIOH 4, ~8IOH IN THB CQQ~LLAWI ~~ ORDIHA~~
35 The provision of this nrdinance _hall become and bG
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":5.'1 i,' 1 '3'34 11: 40 407-55'3-3375 ''':Uf~:bl:..l r ,::;, ',.'H.i.. f::. f-'i-il.:lt.. .;:-;
"I" . - 1'," .'J . I _
-. . .
1 made a part ot the cod. of laws and ordlnancoH of Palm Beach
2 county, Florida. ThG Sece.l.olltJ ot: the ordinallce llIay be
:) renumbered or relettored to accomplish su<:,h, Ilnrl the word
4 "ordinance" may be changod to "sE/ction," "article," or !lny
5 other appropriate word.
Ii &~CTIOH 5. BFFBCrlVI DATU,
7 'rho provisions ot: this ordinanc. Bhll11 bocome
9 eftectivo upon receipt of acknowledgom@nt by the Socretary of
9 state,
10 APPROVED UD ADOPTED by the Board or County
11 cOIll~i9.ioner6 ot Palm Beach County, on th. .(.\!ty
12 or - , 19 .
- ---
13 PALM ~E~CH COUNTY, FLORIDA,
14 BY ITS BOhnO OF COUNTY COMMISSIONERS
15 By
16 Chairman ---
1.7 APPROVED A3 TO FORM AND
18 LEG^~ SUFFICIENCY
19
20 COUNTY ATToRtmy
21 Aoknowled9omant by the D.partment ot stat. ot the st.t.
22 01 Florida, on tl1iG , tha -- day of
3J , 19
----.....- ---
24 ."ICTIVI D~T't Acknow1odQemen~ trom ~ho Depftrtmoht of
25 Statu reoeived QI1 the ~ dllY of , 19 ,
26 at ,H. and tiled in the otftce of the
27 Clerk or the Board ot County commhaioner. ot palm Buch
28 county, Florida.
4
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {lJ1rl
SUBJECT: AGENDA ITEM i 9 N - MEETING OF JUNE 7. 1994
CHANGE ORDER NO. 9/CHAZ EOUIPMENT COMPANY. INC.
DATE: JUNE 3, 1994
This is before the Commission to consider add Change Order No. 9
in the amount of $11,600 and 15 day extension of contract time to
Chaz Equipment Company, Inc. to install drainage lines on Pelican
Lane.
This is part of the Roadway Reconstruction Plan (Projects East of
the Intracoastal), and is for a storm drainage system to
alleviate ponding on Pelican Lane between North Andrews Avenue
and A-1-A
Recommend approval of Change Order No. 9 to Chaz Equipment
Company, Inc. , with funding from Stormwater Utility (Account No.
448-5411-538-31.90).
/1
Ll;,-~ 6-0
,
Agenda Item No.: ~
AGENDA REOUEST
Date: May 11, 1994
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: May 17, 1994
Description of item (who, what, where, how much): Staff requests City
Commission to approve add Change Order #9 to Chaz Equipment CO"2g~or the
Roadway Reconstruction Plan (Projects East of the Intracoastal ( in the
amount of $11,600.00. Change Order #9 is for a storm drainage system to
alleviate pending from stormwater on Pelican Lane between N Andrews Ave and AlA.
Schedule "A" attached to Change Order #9 reflects the items to be constructed
and the respective unit prices. Also included in the Change Order is an
increase in the Contract Time of fifteen (15) calendar days.
Funding Source is the stormwater utility Fund 449 5411 ~JO J1.90 fur
$11,600.00. 44i-~#1-5~ .fl/1<J
ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES/~
Recommendation: Staff of Change Order #9
Department Head a w..-w
signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: YE /NO
Funding alternative (if applicable) N .
Account No. & DescrGlOion .-).-u C' <--6<<-lfIJATfJ2_....fe-lACktJ ~7S
Account Balance I I (2011
City Manager Review: f!j/NO tH
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen9202.doc
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: WILLIAM H. GREENWO~~ P.~
DIRECTOR OF ESD ro
DATE: May 12, 1994
SUBJECT: ROADWAY RECONSTRUCTION PLAN (EAST OF INTRACOASTAL)
(PELICAN LANE DRAINAGE IMPROVEMENTS)
PROJECT No. ~ 9'1-041
-------------------------------------------------------------------
Attached is an Agenda Request for the Regular Commission meeting on
May 17, 1994, requesting Change Order #9 for the referenced project
to Chaz Equipment co., Inc. The change order amount is $11,600.00.
Also included is a fifteen (15) calendar day time extension to the
Contract.
The scope of work encompasses the construction of a new storm
drainage system on Pelican Ln between N. Andrews Ave and 'AlA to
alleviate ponding resulting from stormwater. The Engineering
Division has received numerous complaints from adjacent residents
regarding the ponding problem. Improvements include three Type 'c'
inlets, eighty lineal feet of 15" RCP exfiltration piping and
associated pavement repairs. All improvements are to be
constructed in accordance with the items and unit prices per
Schedule "A" attached to Change Order #9.
The funding source is the stormwater utility Fund account no. 448-
5411-538-31.90 for $11,600.00.
Please place this item on the agenda for commission approval.
WHG:kb
Attachments
File: Project No. 92-02 (D)
Memos to city Manager
AR9202.C09
,
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 9 PROJECT NO. 92-02, 93-15 DATE:
PROJECT TITLE: Roadway Reconstruction Plan (Projects East of Intracoastal Waterway)
SE 5th street (Pavement and Utility Improvements)
TO CONTRACTOR: Chaz Equipment Co., Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Construct new storm drainage system at low pavement area on Pelican Lane between N.
Andrews Ave and AlA to alleviate ponding. Scope of work to be per attached Schedule "A".
Payment will be made at the respective unit prices for actual field measured quantities.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $1,349,381. 45
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 541,253.50
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,890,634.95
COST OF CONSTRUCTION CHANGES THIS ORDER $ 11,600.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,902,234.95
PER CENT INCREASE THIS CHANGE ORDER .9 %
TOTAL PER CENT INCREASE TO DATE 41 %
INCREASE IN CONTRACT TIME OF FIFTEEN (15) CALENDAR DAYS FOR THE WORK INCLUDED IN THIS
CHANGE ORDER
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable.
for Chaz Equipment Co., Inc.
(SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source 448-5411-538-31.90 Stormwater Utility Fund
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
William H. Greenwood, Director Thomas E. Lynch, Mayor
of Environmental Services
ATTEST:
APPROVED: By:
City Attorney City Clerk
,
Roadway Reconstruction Plan
(Streets East of Intracoastal)
Project No. 92-02
Change Order #9
Pelican Ln Storm Drainage between N. Andrews Ave and A1A
Schedule "A"
Contract Item Description +/- c.o. Unit Total
Item No. #9 Qty Price
--------------...-----------------------------------------------------------------------------------
1 Maintenance of Traffic 1 LS $460.00 $460.00
8 Asphalt Parking Replacement 15 EA $33.00 $495.00
15 Sod 5 Sy $2.60 $13.00
21 Type "C" Inlet 3 EA $1,410.00 $4,230.00
32 15" Slotted RCP Exfiltration Trench 80 LF $41.40 $3,312.00
-- Pavement Removal/Replacement 700 SF $3.70 $2,590.00
-- Mobil ization 1 LS $500.00 $500.00
----...--------...-
Amount of Change Order #9 $11,600.00
Contract Amount thru Change Order #8 $1,890,634.95
--.._-------..._--
Revised Contract Amount thru Change Order #9 $1,902,234.95
---------------
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SR IA1A
CITY of DELRA Y BEACH PELICAN LANE
ENVIRONMENTAL SERVICES DEPARTMENT ~~ DRAINAGE IMPROVEMENTS
434 SOlITH SJINTON AVENUE, DELRAY BEACH, FIDRlDA 33444-
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
,
FROM: CITY MANAGER (J1 /
SUBJECT: . AGENDA ITEM i /0 A - MEETING OF JUNE 7, 1994
ORDINANCE NO. 29-94/KOCH HOUSE HISTORIC DESIGNATION
DATE: JUNE 3, 1994
This is second reading and public hearing for Ordinance No. 29-94
repealing Ordinance No. 162-88 wherein the Koch House at 777
North Ocean Boulevard was designated as an historic building, and
enacting this ordinance to provide a corrected legal description.
There was an error in the legal description in the original
Ordinance. Lot 22 should not have been included in the
description, and this ordinance will clear up any title
irregularities or confusion.
On May 17, 1994, Ordinance No. 29-94 was passed on first reading
by a 4-0 vote.
Recommend approval of Ordinance No. 29-94 on second and final
reading.
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[ITY OF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 21HJ ~W [sf AVENUE" DELRAY BEACH, FLORIDA 33444
FACSI.\tILE .W; 2;S.n55 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: May 11, 1994
TO: David Harden, City Manager
Diane Dominguez, Director of Planning and Zoning
FROM: Susan A. Ruby, City Attorney
SUBJECT: Koch House - Historic Oesiqnation
There was a scrivener's error in the legal description in the
original Ordinance No. 162-88 which designated the Koch house
as a historic building. Lot 22 should not have been included. .
Pat Cayce, Historic Preservation Planner, has confirmed that a
scrivener's error was made.
Recently, our office was contacted by Cindy Van Buskirk, Legal
Assistant for Alan J. Werksman, Esq. who pointed out the error
which impacted the closing of the adjacent property (Lot 22).
In order to correct the error, I have drafted the attached
ordinance which should be recorded to clear up any title
irregularities or confusion.
Please call if you have any questions. Please place this
ord" ance on the City Commission's agenda for consideration.
Attachment
cc: Pat Cayce, Historic Preservation Planner
koch2 " Bar
p~ IS'-~ '-1-0
S 1/7/91..{
@ Printed on Recycled Paper /ZA
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ORDINANCE NO. 29-94 I
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 162-88
WHICH DESIGNATED THE KOCH HOUSE LOCATED AT 777 NORTH
OCEAN BOULEVARD, LOT 21 AND LOT 22 OF BLOCK D, PALM i
BEACH SHORE ACRES, AS RECORDED IN PLAT BOOK 7, PAGE
38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, AS A HISTORIC BUILDING; AND ENACTING THIS
ORDINANCE TO PROVIDE A CORRECTED LEGAL DESCRIPTION
SHOWING THE DESIGNATION AS LOT 21 ONLY; PROVIDING A ;
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN ,
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EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board, at a meeting held
on November 29, 1988, unanimously recommended the designation of the
Koch House as a historic building; and
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I WHEREAS, the City Commission of the City of Delray Beach
passed on second reading on January 10, 1989, Ordinance No. 162-88
which accepted and designated the Koch House as a historic building;
and
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WHEREAS, the legal description contained within Section 1 of
Ordinance No. 162-88 included Lot 22 and Lot 21 of Block D, Palm Beach
Shore Acres, as recorded in Plat Book 7, Page 38, of the Public
Records of Palm Beach County; and
WHEREAS, the correct legal description for the Koch House is
Lot 21 of Block D, Palm Beach Shore Acres, as recorded in Plat Book 7,
Page 38, of the Public Records of Palm Beach County, Florida; and
i WHEREAS, the City Commission desires to correct the
scrivener's error by deleting all references to Lot 22.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Ordinance No. 162-88 is hereby repealed and
this ordinance is enacted to read as follows:
That the following described building in the City of
Delray Beach, Florida, is hereby designated as a
historic building:
The Koch House, 777 North Ocean Boulevard, located on
Lot 21, Block D, Palm Beach Shore Acres as recorded
in Plat Book 7, Page 38, of the Public Records of
Palm Beach County, Florida.
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Section 2. That the Planning Director of the City of Delray
Beach, Floridq., shall upon the effective date of this ordinance, amend
the Zoning Map of Delray Beach, Florida, to show, in an overlay
manner, the above designation.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
i Section 5. That this ordinance shall become effective
! immediately upon passage on second and final reading.
j PASSED AND ADOPTED in regular session on second and final
I reading on this the 7th day of June, 1994.
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.1 " MAYd'/R
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; ATTEST:
o &um YJ)J1', HAl Jill /do_Thy
C1.ty Clerk
First Reading May 17, 1994
Second Reading June 7, 1994
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tl'/\
SUBJECT: AGENDA ITEM i I 0 B - MEETING OF JUNE 7. 1994
REHEARING OF SIGN CODE WAIVER REOUEST/BORROW BROTHERS
RENT-ALL
DATE: JUNE 3, 1994
This is before the Commission to conduct a public hearing and
reconsider a request from Borrow Brothers Rent-All for a sign
code waiver to LDR Section 4.6.7(E)(7) which provides that a flat
wall sign may not exceed 15 percent of the building face per
business or tenant. Borrow Brothers Rent-All, located at 320
North Congress Avenue, is requesting permission to erect a 65
square foot sign (13 by 5 feet) instead of the 54 square foot
sign allowed by code.
Community Improvement previously recommended denial of the waiver
request since it was felt the size of the sign could conform to
code if excessive verbiage were eliminated. The Site Plan Review
and Appearance Board concurred, but recommended approval of the
waiver with the condition that the word "West" and the telephone
number be deleted.
The Commission initially heard this request at public hearing on
February 8, 1994, at which time the petition was denied. Scott
Kleinman, President and owner of Borrow Brothers, believed the
Commission was not aware of all of the facts concerning the sign
and asked for the opportunity to present additional information.
At the May 3, 1994, meeting Commission agreed to rehear the
petition.
Mr. Kleinman proposes that since he owns the building, the
maximum signage allowed should be based on 15 percent of the
total building face as opposed to calculating the maximum sign
allowed on the actual space occupied for each business or tenant.
Using his interpretation, the maximum sign size is 108 square
feet. An existing business sign on the building is 35 square
feet, leaving 73 square feet available which would accommodate
his 65 square foot sign.
Staff has concerns about this method of interpretation. It is a
substantial deviation from the traditional method of determining
sign size and sets a precedent affecting many areas. Staff,
therefore, recommends denial of the request for waiver to Section
4.6.7(E)(7) of the Land Development Regulations governing maximum
sign size.
f7Jrdwn !6 dvru; ~
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. Agenda I tem No.: / 0 B
'AGENDA REQUEST
Da te: 5f31/94
Request to be placed on:'
X
Regular Agenda Special Agenda Workshop Agenda
When: 6/7 f94
Uescription of agenda item (who, what, where, how much):
Sign CaGe Waiver Request
Borrow Brothers
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommenda t ion: Denial
Department Head Signature. ~"'-/ ~~""-~--
( .
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (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:
City Manager Review:
Approved for agenda: ~E'/ NO {;V/
Hold Until: ~/ '
Agenda Coordinator Review:
Received: ·
Action: Approved/Disapproved
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER ~
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT' ~
FROM:
RE: SIGN CODE WAIVER REQUEST/BORROW BROTHERS/PUBLIC HEARING
DATE: MAY 30, 1994
ITEM BEFORE THE COMMISSION:
Public Hearing and City Commission consideration on proposed
wa1ver to the City Land Development Regulations Section
4.6.7(E) (7) govern1ng sign size. The hearing 1S a
reconsideration of a denial from City Commission at the regular
meeting of February 8, 1994.
BACKGROUND:
Scott Kleinman, President and owner of Borrow Brothers, appeared
before the Commission at the required Public Hearing on February
8th, 1994 for a waiver to the Sign Code Section 4.6.7 (E) (7) , to
approve the installation of a flat wall sign that exceeds the
maximum size allowed. City Commission denied his request.
Mr. Kleinman appeared before the Commission on May 10th
requesting permission for a second hearing on this matter. He
stated at the time that he had new information to present to the
Commission that may change their vote. Staff contacted him to
determine what the new or additional information was. He 1S
propos1ng that since he owns the building, the maximum signage
allowed should be based on 15% of the total building face as
opposed to calculating the maximum sign allowed on the actual
space occupied for each business or tenant. Using his
interpretation, if the calculation for allowable slgnage was
based on 15% of the building face, the maximum sign size 1S 108
sq. ft. Under his proposed interpretation, since Mr. Fixit/Auto
Clean's business existing sign is 35 sq ft, the 65 sq ft slgn
proposed by Borrow Brothers would be allowed (65 + 35 = 100) ,
because the combined total square footage for both signs do not
exceed 15% of the total building face.
Section 4.6.7(E) (7) provides for one maJor identification slgn
calculated at 15% of building face per business or tenant. The
maximum size sign allowed has, therefore, been determined on the
space occupied by each business or tenant. The method being
proposed by Borrow Brothers 1S a substantial deviation from the
traditional method of determining slgn Slze and 1 n my opinion,
sets a precedence affecting many areas. As an example, any
shopping center - - staff would be considering tenant slgnage
existing at the time of the request, thus allowing for changes 1n
sign sizes based on what already exists.
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City Commission Meeting
June 7, 1994 - Borrow Brothers
Page 2
Additionally, the same interpretation could penalize some strip
centers, glven the fact that the code states that the maximum
slgn size allow could not exceed 160 sq. ft. While this may work
for a smaller building, it would work 1n the reverse for a
building that was a little larger with two or three tenants.
Any future sign processing would be difficult if not impossible
to enforce ~to the number of times tenant turnovers may occur.
It would be staff's opinion that the Commission not approve the
waiver request based on Mr. Kleinman's proposed interpretation of
the code.
RECOMMENDATION:
Staff 1S recommending City Commission denial of the request for
wa1ver to Section 4.6.7 (E) (7) of the Land Development
Regulations governing maximum sign size.
LB:DQ
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Borrow.CC
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t I,~l
SUBJECT: AGENDA ITEM # /2-A - MEETING OF JUNE 7, 1994
FIRST READING FOR ORDINANCE NO. 54-94/BANKER'S ROW
ASSESSMENT ROLL
DATE: JUNE 3, 1994
This is first reading for Ordinance No. 54-94 which certifies and
adopts the assessment roll for the Banker's Row Assessment
District (B.R.A.D.) .
On February 22, 1994, the Commission adopted Resolution Nos. 13-94
and 14-94 which declared a necessity for public improvements along
N.E. 1st Avenue, between N.E. 2nd Street and N.E. 3rd Street
(Banker's Row). The improvements were to consist of street paving,
side-street parking and street lighting, as well as sidewalks and
associated landscaping. These resolutions imposed a special
assessment on properties within B.R.A.D. to pay twenty-five percent
(25%) of the cost of the improvements at the rate of $212.42 per
year for nine ( 9) annual payments. This is in accordance with the
Tri-Partite Agreement between the Banker's Row Homeowners
Association, the CRA and the City.
The Banker's Row public improvements project was substantially
complete on June 1, 1994. The next step is to formally adopt the
assessment roll by virtue of Ordinance No. 54-94.
Recommend approval of Ordinance No. 54-94 on first reading. If
passed, public hearing on June 21, 1994.
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ORDINANCE NO. 54-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION
AND ADOPTION OF THE ASSESSMENT ROLL FOR THE BANKER'S
ROW ASSESSMENT DISTRICT; PROVIDING FOR RECORDING OF
SPECIAL ASSESSMENT LIENS; AUTHORIZING THE FINANCE
DIRECTOR TO COLLECT THE SPECIAL ASSESSMENT; AUTHORIZING
THE ENFORCEMENT OF UNSATISFIED LIENS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission for the City of Delray Beach,
Florida, is authorized to impose special assessments pursuant to
Article 8.4 of the Land Development Regulations of the City of Delray
Beach; and
WHEREAS, pursuant to Article 8.4 of the Land Development
Regulations, the City Commission did adopt, on February 22, 1994,
Resolution No. 13-94 and Resolution No. 14-94, which declared the
necessity for certain public improvements on N.E. 1st Avenue, between
N.E. 2nd Street and N.E. 3rd Street; and
WHEREAS, Resolution No. 13-94 declared a necessity for
public improvements to include improved sidewalks and associated
landscaping along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd
Street in Delray Beach, Florida, and established a Special Assessment
District known as the Banker's Row Assessment District ("B.R.A.D.")
for this area; and
WHEREAS, Resolution No. 14-94 declared a necessity for
public improvements to include street paving, street-side parking and
street lighting along N.E. 1st Avenue between N.E. 2nd Street and N.E.
3rd Street in Delray Beach, Florida, and established a Special
Assessment District known as the Banker's Row Assessment District
("B.R.A.D.") for this area; and
WHEREAS, pursuant to the Tri-Partite Agreement entered into
by the Banker's Row Homeowners Association ("B.R.B.A.") , the City of
Delray Beach Community Redevelopment Agency and the City of Delray
Beach, Florida, B.R.H.A. agreed to pay twenty-five percent (25%) of
the construction of the improvements, not to exceed a total of
$32,500; and
WHEREAS, the aforesaid Resolution Nos. 13-94 and 14-94
imposed a special assessment on properties within B.R.A.D. in order to
pay twenty-five percent (25%) of the public improvements which are
part of the Banker's Row Neighborhood Plan; and
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WHEREAS, pursuant to Resolution Nos. 13-94 and 14-94, the
property owne~s subject to this special assessment shall each pay nine
( 9) annual assessments in the total annual amount of $212.42; and
WHEREAS, the public improvements along N.E. 1st Avenue,
between N.E. 2nd Street and N.E. 3rd Street, were substantially
complete as of June 1, 1994; and
WHEREAS, the City Commission shall examine and approve the
assessment roll for the Banker's Row Assessment District and, subject
to required publication of the roll and notice, shall meet on a
certain date and hour for the purpose of hearing objections to the
assessment roll. If no objections are made by persons affected by the
assessment roll at the time and place specified in the required
notice, or if objections having been made are deemed insufficient by
the City Commission, the Commission shall thereupon adopt an ordinance
levying the assessments as shown by the assessment roll; and
WHEREAS, the owne r of each parcel within the Banker's Row
Assessment District for which an assessment is levied shall thereafter
be responsible for payment thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, does hereby adopt the aforementioned preamble in its
entirety.
Section 2. That the City Commission of the City of Delray
Beach, Florida, hereby adopts and certifies the assessment roll for
the Banker's Row Assessment District, as set forth in Exhibit "A"
hereto which is incorporated herein.
Section 3. That the City Clerk is hereby directed to record
a lien in the Public Records of Palm Beach County, Florida, for each
of the properties listed on the assessment roll attached hereto as
Exhibit "A" in an amount equal to the "Total Assessment Amount"
indicated on the assessment roll. The lien shall be enforceable
pursuant to Article 8.4 of the Land Development Regulations of the
City of Delray Beach, Florida, including the collection of attorneys
fees in the event the lien remains unsatisfied at the conclusion of
the assessment period.
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Section 4. That the Finance Director is hereby directed to
collect, on ap annual basis, from each of the properties listed on the
assessment roll the amount indicated as the "Annual Assessment
Amount". At the time when the assessment is paid in full, the Finance
Director shall notify the City Clerk who shall record a Satisfaction
of Lien in the Public Records of Palm Beach County, Florida.
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 3 - Ord. No. 54-94
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EXHIBIT "A" TO ORDINANCE NO. 54-94
ASSESSMENT ROLL
BANKER'S ROW ASSESSMENT DISTRICT
ANNUAL NUMBER TOTAL
ASSESSMENT OF ANNUAL ASSESSMENT
PROPERTY DESCRIPTION AMOUNT ASSESSMENTS AMOUNT
12 43 46 16 01 066 0091 $212.42 9 $1,911.78
248 N.E. 1st Avenue
Cynthia Bush-Leeds Tr
320 E. 92nd Street #4EE
New York, NY 10128
12 43 46 16 01 066 0101 $212.42 9 $1,911.78
238 N.E. 1st Avenue
Bertram & Marceline Wasserman
238 N.E. 1st Avenue
Delray Beach, FL 33444
12 43 46 16 01 066 0120 $212.42 9 $1,911.78
234 N.E. 1st Avenue
Bertram & Marceline Wasserman
238 N.E. 1st Avenue
Delray Beach, FL 33444
12 43 46 16 01 066 0131 $212.42 9 $1,911. 78
226 N.E. 1st Avenue
William & Barbara E. Murray
226 N.E. 1st Avenue
Delray Beach, FL 33444
12 43 46 16 01 066 0151 $212.42 9 $1,911. 78
218 N.E. 1st Avenue
David Gerhardt
218 N.E. 1st Avenue
Delray Beach, FL 33444
12 43 46 16 61 000 0030 $212.42 9 $1,911.78
214 N.E. 1st 'Avenue
Raymond H. & Ruth M. Struble
4960 N.W. 3rd Terrace
Boca Raton, FL 33431
12 43 46 16 01 074 0010 $212.42 9 $1,911.78
247 N.E. 1st Avenue
Joseph B. Weed & Martha E. Kendall
P.O. Box 554
Los Gatos, CA 95031
12 43 46 16 01 074 0020 $212.42 9 $1,911.78
239 N.E. 1st Avenue
Corazon J. Wilson
c/o Charles P. Johnson Jr.
2170 S.E. 17th Street #204
Ft. Lauderdale, FL 33316
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Exhibit "A" to Ordinance No. 54-94
Banker's Row Assessment District
Assessment Roll - Page 2
12 43 46 16 01 074 0031 $212.42 9 $1,911.78
235 N.E. 1st Avenue
Melissa A. Fiorenza
235 N.E. 1st Avenue
Delray Beach, FL 33444
12 43 46 16 01 074 0041 $212.42 9 $1,911.78
231 N.E. 1st Avenue
Patricia Ann Merrill
231 N.E. 1st Avenue
Delray Beach, FL 33444
12 43 46 16 01 074 0051 $212.42 9 $1,911.78
227 N.E. 1st Avenue
Stephen & patricia Pescatore
12834 Elmford Lane
Boca Raton, FL 33428
12 43 46 16 01 074 0061 $212.42 9 $1,911. 78
223 N.E. 1st Avenue
Gene D. & Janet V. Fisher
43 S. Swinton Avenue
Delray Beach, FL 33444
12 43 46 16 01 074 0071 $212.42 9 $1,911.78
219 N.E. 1st Avenue
William O. Richardson
219 N.E. 1st Avenue
Delray Beach, FL 33444
12 43 46 16 01 074 0081 $212.42 9 $1,911.78
215 N.E. 1st Avenue
Cora L. Messer
215 N.E. 1st Avenue
P.O. Box 965
Delray Beach, FL 33447
12 43 46 16 01 074 0091 $212.42 9 $1,911.78
211 N.E. 1st Avenue
Richard & Barbara Kamhi
14051 Sims Road
Delray Beach, FL 33484
12 43 46 16 01 074 0101 $212.42 9 $1,911.78
203 N.E. 1st Avenue
Arthur Jr. & Rosetta M. Clark
3819 Cortez Lane
Delray Beach, FL 33445
12 43 46 16_ 01 074 0120 $212.42 9 $1,911.78
201 N.E. 1st Avenue
Robert & Ruth A. Siegel
4551 Catamaran Circle
Boynton Beach, FL 33436
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Exhibit "A" to Ordinance No. 54-94
Banker's Row Assessment District
Assessment Roll - Page 3
Resolution No. 13-94
Sidewalks & Landscaping Assessment . . . . $106.21/annum
Resolution No. 14-94
street Paving, Street-Side Parking
and Street Lighting . . . . . . . . . . . $106.21/annum
TOTAL ANNUAL ASSESSMENT
FOR NINE (9) ANNUAL PAYMENTS . . . . . . . $212.42/ANNUM
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf,7t 1
SUBJECT: AGENDA ITEM # I~ 13 - MEETING OF JUNE 7, 1994
FIRST READING FOR ORDINANCE NO. 26-94/REZONING A PORTION
OF LOT 8 OF LAKE IDA SHORES
DATE: JUNE 1, 1994
This is first reading for Ordinance No. 26-94 which rezones a
portion of Lot 8, Block 3, Lake Ida Shores, from R-1-AAA (Single
Family Residential) to R-1-AB (Single Family Residential) District.
The subject property is located on the west side of N.W. 8th
Avenue, between Eldorado Lane and Gardenia Terrace.
The Lake Ida Shores plat, recorded in 1957, contains lots with 80
ft. to 100 ft. frontages. It appears that the R-1-AAA zoning
classification was applied to this subdivision shortly thereafter.
In 1981, the north 20 feet of Lot 8 was deeded to Lot 7 (by
recorded warranty deed), although dedication in this manner was not
a legal method of subdivision. The resulting 60' substandard Lot 8
is an unbuildable lot under the current zoning district.
The R-1-AAA zone district requires a minimum lot size of 12,500
sq.ft., with a minimum frontage requirement of 100 feet. The
R-1-AB district requires a minimum lot size of 7,500 sq.ft., with
minimum frontage of 60 feet. If rezoned as requested, the property
would meet the minimum frontage and depth requirements of the
R-1-AB district and would become a buildable lot. The attached
staff report provides a detailed analysis of the rezoning request.
The Planning and Zoning Board formally reviewed this item at public
hearing on May 20, 1994, and forwarded it to the Commission with a
unanimous recommendation for denial, based upon the request being
inconsistent with policies of the Comprehensive Plan, specifically
Land Use Element Objective A-I, Housing Element, Policy C-2.4 and
Policy A-1.4; upon a failure to meet requirements of LDR Section
3.3.2; and upon a failure to provide a valid reason for the
rezoning as required by Section 2.4.5(D) (5).
In addition to the objections listed by Planning and zoning, in my
opinion approval of this request would constitute obvious spot
zoning, and would be invalid.
Recommend denial of Ordinance No. 26-94 on first reading.
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ORDINANCE NO. 26-94
AN:ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1-AAA (SINGLE FAMILY RESIDENTIAL)
DISTRICT IN THE R-1-AB (SINGLE FAMILY RESIDENTIAL)
DISTRICT; SAID LAND BEING LOC'ATED ON THE WEST SIDE OF
N.W. 8TH AVENUE, BETWEEN ELDORADO LANE AND GARDENIA
TERRACE; AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned R-1-AAA (Single Family Residential)
District; and
WHEREAS, at its meeting of May 16, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend that the
proposed change in zone district not be adopted; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the change is not inconsistent with the
Comprehensive Plan, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BE'ACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of R-l-AB (Single Family
Residential) District for the following described property:
Lot 8, less the North 20 feet, Block 3, LAKE IDA
SHORES, as recorded in Plat Book 25, Page 54, of the
Public Records of Palm Beach County, Florida.
The subject property is located on the west side of
N.W. 8th Avenue, between Eldorado Lane and Gardenia I
Terrace; containing 10,200 sq.ft., more or less.
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Section 2. That the Planning Director of said City shall,
upon the eff~ctive date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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
I
Second Reading
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- 2 - Ord. No. 26-94
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
FROM:
SUBJECT: MEETING OF JUNE 7, 1994
FIRST READING OF AN ORDINANCE REZONING A PORTION OF
LOT 8 OF LAKE IDA SHORES LOCATED ON THE WEST SIDE OF
N.W. 8TH AVENUE SOUTH OF GARDENIA TERRACE FROM R1-AAA
TO R-1-AB.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of a rezoning ordinance for a
portion of Lot 8 of Lake Ida Shores plat from R-1-AAA to
R-1-AB. The property is located on the west side of N.W.
8th Avenue just south of Gardenia Terrace.
BACKGROUND:
The Lake Ida Shores plat, containing lots with 80' to 100'
frontages, was recorded on June 25, 1957. The R-1-AAA zoning
district (created by ordinance G-234 March 26, 1956) appears to
have been applied soon after.
On August 27, 1981, 20' of Lot 8 was deeded to Lot 7 through a
metes and bounds description (warranty deed recorded in Plat
Book 3602 page 1158). Dedication by this method was not a legal
method of subdivision after the adoption of the subdivision
ordinance in November, 1977. The resulting 60' substandard Lot
8 is an unbuildable lot under the current zoning district.
In 1991, inquiries were made with respect to the potential to
build on the remaining portion of Lot 8. The applicant was
informed that Lot 8 no longer met the minimum lot frontage or
size required in the R-1-AAA zoning district (60' versus 100'
frontage and 10,200 sq.ft. versus 12,500 sq.ft.). The applicant
sought a variance to the minimum lot size and frontage from the
Board of Adjustments on June 6, 1991 (petition #868) and again
on November 4, 1993 (petition #878). In each instance the Board
of Adjustments denied the variance request based upon failure to
show a hards~i~ which was not self imposed. The applicant is now
requesting a rezoning of the remaining portion of Lot 8 to
R-1-AB. The property would meet the minimum frontage and depth
requirements of the R-l-AB district, and would therefore become
a buildable lot.
,--_....._-
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on May 20, 1994. One letter of objection was
received from the abutting property owner [Lot 7] (copy
attached).. Five members of the public spoke in opposition to
the request, citing devaluation of property and the potential
for incompatible development. After taking public testimony the
Board recommended denial on a unanimous 7-0 vote. The
recommendation of denial was based on the request being
inconsistent with policies of the Comprehensive Plan, more
particularly, Land Use Element Objective A-I , Housing Element,
Policy C-2.4 and Policy A-I.4. In addition the Board found that
the request failed to meet the required findings of
compatibility under LDR Section 3.3.2, and valid reasons under
LDR Section 2.4.S (D){S).
RECOMMENDED ACTION:
By motion, deny Ordinance 26-94 on first reading based upon the
request being inconsistent with policies of the Comprehensive
Plan, more particularly, Land Use Element Objective A-I ,
Housing Element, Policy C-2.4 and Policy A-I.4 and upon a
failure to meet requirements of LOR Section 3.3.2. and upon a
failure to provide a valid reason for the rezoning as required
by Section 2.4.S (D){S).
Attachment:
* Planning and Zoning Board Staff report
* Objection letter
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,
4NNING AND ZONING BOARD
{ OF DELRAY BEACH --- STAFF REPORT ---
MEETING OA TE: MY 16. 1994
AGENDA ITEM: V. B.
ITEM; REZONING OF A PORTION OF LOT 8. BLOCK 3. OF LAKE IDA SHORES
FROM R-1-AAA TO R-I-AB
GENERAL DATA:
Owner....................Network Financial, Inc.
Applicant................David Zedeck, Esq.
Location.................West side of NW 8th Avenue, south of
Lake Shore Drive.
Property Size............10,200 Square Feet
City Land Use Plan.......Low Density Residential
City Zoninq..............R-l-AAA (Sinqle Family Residential)
Proposed zoninq..........R-l-A-B (S1ngle Family Residential)
Adjacent. Zcninq...North: R-l-,\AA
East: R-l-AA (Single Family Residential)
South: R-l-AAA
West: SAD (Special Ac~ivities District)
Exis~ing Land Use........Vacant
Prop:sed Land Use........Re:onlng to R-I-A-B f~om R-l-AAA to
allc~ the cons~=~cticn of a s~n;le
family residence.
Water Service............Existing 8" water main in NW 8th
Avenue.
Sewer Service............Existing 8" water main in NW 8th V'~.
Avenue.
I
,
I T E M B E FOR E THE BOA R 0:
The action before the Board is that of makinq a recommendation
on a rezoning of a portion of Lot 8 of Lake Ida Shores from
R-l-AAA (.Single Family Residential) to R-I-AB (Single Family
Residential).
The property is vacant and located on the west side of N.W. 8th
Avenue between Eldarado Lane and Gardenia Terrace. The partial
lot would meet minimum lot dimensions under the proposed zoning
designation thereby making it a buildable lot.
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 UNO:
The Lake Ida Shores plat, containing lots with 80' to 100'
frontages, was recorded on June 25, 1957. The R-l-AAA zoning
district (created by ordinance G-234 March 26, 1956) appears to
have been applied soon after. A review of zoning maps from
1966 to the present confirms the application of the R-1-AAA
designation. Copies of zoning maps prior to March 1, 1966, were
not available.
On August 27, 1981, 20' of Lot 8 was deeded to Lot 7 through a
metes and bounds description (warranty deed recorded in Plat
Book 3602 page 1158). Dedication by this method was not a legal
method of subdivision after the adoption of the subdivision
ordinance in November, 1977. The resulting 60' substandard Lot
8 1s an unbuildable lot under the current zoning district.
In 1991, inquiries were made with respect to the potential to
build on the portion of Lot 8. The applicant was informed that
Lot 8 no longer met the minimum lot frontage or size of the
R-1-AAA zoning district (60' versus 100' frontage and 10,200
sq. ft. versus 12,500 sq. ft. ) . The applicant sought a variance
to the minimum lot size and frontage from the Board of
Adjustments on June 6, 1991 (petition '868) and again on
November 4, 1993 (petition 1878). In each instance the Board of
Adjustments denied the variance request based upon failure to
show a hardship which was not self imposed.
PRO J E C T DES C RIP T ION:
The rezoning request involves a change in zoning for a portion
of one residential lot having a frontage of 60' and a depth of
170' . Und<;!l' the current zoning the lot is unbuildable as it
does not meet the minimum lot size and frontage required for
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P & Z Staff Report for May 16, 1994
Rezoning Lot 8 of Lake Ida Shores
Page 2
development. The minimum lot size and frontage requirements
would be met under the proposed R-I-AB zoning district which has
minimum frontage. and lot size of 60' and 7,500 sq. ft.
respectively.
Z 0 N I N G A N A L Y S I S:
The subject parcels are currently zoned R-l-AAA (Single Family)
and the requested change is to RI-AB. The surrounding zoning is
Rl-AA (Single Family) to the west, R-l-AAA to the south and
north, and SAD (Special Activities District) to the west. The
existing uses are residential homes to the north, south and
east, and vacant (former Isles of Delray SAD) to the west.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part ot the ofticial record.
This may be achieved through information on the
application, the statf report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The parcel has a land use designation of Low Density
Residential. Both the existing and proposed zoning
districts are single family zoning districts, which are
deemed to be compatible with the Low Density Residential
Land Use Designations (Table L-6 Land Use Designation /
Zoning Matrix).
The rezoning request is to accommodate a proposal to build
a single family home to meet the minimum requirements of
the R-l-AB district. A single family home is allowed under
the R-I-AB zoning district.
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 stated pu=pose of the rezoning is to accommodate a single
family home. Water, sewer, solid waste, drainage, and parks and
recreation have been accessed or accommodated in the overall
subdivision development.
P & Z Staff Report for May 16, 1994
Rezoning Lot 8 of Lake Ida Shores
Page 3
Pursuant to Section 2.4.5(0) with all rezoning requests, traffic
information is required, which addresses the development of the
property under reasonable intensity pursuant to the existing
zoning and the proposed zoning. As the proposed zoning district
will allow the same use and will generate no additional trips,
the requ~rement for a traffic study has been waived.
Consistency: Compliance with the performance standards set
forth in Section 3.3.2 (Standards for Rezoning Actions) along
with the required findings in Section 2.4.5 (D) (5) (Rezoning
Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policiel found
in the adopted Comprehenlive Plan may be uled in making of a
finding of overall consiltency.
Comprehensive Plan policielz
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives and policies are noted:
Land Use Element, Objective A-l: Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and
other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
Housing Element, Policy C-2.4: Development of remaining vacant
properties which are zoned for residential purposes shall be
developed in a manner which is consistent with adjacent
development regardless of zoning designation. These policies
shall be implemented through the review process associated with
platting and site plan and shall be effective immediately.
The rezoning would allow development of a smaller single
family home on a smaller lot. The properties to the north
and south have been developed under the R-l-AAA district
regulations and to the east under Rl-AA district
regulations. The development under the proposed zoning
district would not be complimentary to the prevailing
subdivision development (see discussion under Section 3.3.2
of the staff report for further analysis).
HOUSing Element, Policy A-l. 4 : That these neighborhoods be
identified as "stable residential" on the housing map, that the
most restrictive residential zoning district which is applicable
is affixed on the zoning map, and that requests for rezoning tc
a different zone designation, other than Community Facilities be
denied.
,
P & Z Staff Report for May 16, 1994
Rezoning Lot 8 of Lake Ida Shores
Page 4
.
The subject parcel is located within a stable neighborhood
as indicated on the residential neighborhood categorization
map. The rezoning request is to a designation other than
CF (Community Facilities) and the requested zoning is less
restrictive" then the existing zoning, thus, consistency
with this policy is not met.
.Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are AS follows:
A) That a rezoning to other than CF within stable residential
areas shall be denied.
This standard, which is included in the LDRs,
incorporates Housing Element policies A-1.4 and A-2.4
of the Comprehensive Plan and is addressed above.
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 regulations exist to properly
mitigate adverse impacts from the new use.
While the allowed use (single family home) would be
similar to that allowed under the existing zoning the
R-1-AB zoning district has smaller lot sizes,
frontages and smaller minimum home sizes, which would
not be compatible with the prevailing residential
development.
The following comparison of development regulations
under the existing R-l-AAA (north and south) R-lAA
(west) and the proposed zoning district (R-l-AB)
empathizes the difference between the districts.
Min Actual Lot Lot Min
Lot Lot Size Width' Depth Floor
Size Frontage Area
R-1-AA 9,500 11,000 75' 100' 1,500
R-1-AAA 12,500 13,600 100' 110' 2,200
R-l-'AB 7,500 10,200* 60' 110' 1,500
* proposed partial lot 8
Setbacks Side Front Rear
R-l-AA 10' 30' la'
R-1-AAA 12' 35' 12'
R-I-AB 7 1/2' 25' 10'
.
P & Z Staff Report for May 16, 1994
Rezoning Lot 8 of Lake Ida Shores
Page 5 .
LDR COMPLIANCE:
Section 2.4.5(D)(5) (Rezoninq Findinqs):
Pursuant to Section 2.4.5(0)(1) (Findings), in addition to
provision. of Section 3.1.1, the city Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. The.e reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in clrcwutances which
make the current zoning inappropriate,
c. That the requested zoning is of aimilar intenaity as
allowed under the Future Land U.e Map and that it is
more appropriate for the property based upon
circumstances particular to the .ite and/or
neighborhood.
The applicant submitted a justification statement which states
that reasons (b) & (c) apply because of the following:
"The change in circumstances which makes the current zoning
inappropriate, is that some time prior to the applicants
obtaining title to the property, the prior owner deeded the
north 20 feet of the property to the adjoining neighbor.
The adjoining neighbor has not used said property, and has
received the benefit of the entire Lot 8 area by obtaining
ownership of the mere fraction of the property. Upon
looking at the property from the road, it would not be
possible to determine that this lot was in fact 10,200
square feet instead of 12,000 square feet as required in
the existing zoning, to wit: R-1AAA. Therefore, the
construction of a single family residence would be
consistent with the neighborhood development as a whole.
The requested zoning is of similar intensity as allowed
under the Future Land Use Map for the City of Delray Beach,
and it is more appropriate for the property based upon
circumstances particular to the site and entire
neighborhood. The proposed use is that of a single family
two-story residence, which would be similar in square
footage, as well as overall appearance as the residences
surrounding the subject property. At the current time,
the subject property has been denied all use by the City of
Delray Beach, a fact which has been confirmed by the
Directo!:' of Planr.ing for the City. To deny any rezoning
would perpetuate a tremendous burden upon the property
owner to pay taxes and maintain the property, while at the
I
.
P & Z Staff Report for May 16, 1994
Rezoning Lot 8 of Lake Ida Shores
Page 6
.
same time denying any use except for open space. The
property was never intended under the land use provisions
of the City of Delray Beach to be open space, nor is it a
desirable a-I ternati ve since the property has water
frontage, and in fact may create an attractive nuisance in
its current vacant state. A zoning change to R-1-AB would
benefit the City of Delray Beach and the immediate
community, since it would allow the property to be utilized
according to its highest and best use as intended under the
land use plan".
The change in circumstances i.e. sale of a portion of the lot by
the previous owner by metes and bounds to the owner 0 f Lot 7,
occurred in 1981 (pursuant to documents submitted by the
applicant) . As subdivision of this nature required platting the
parcel was illegally subdivided. A plat showing the subdivision
would have been denied as the resulting Lot 8 does not meet
minimum frontage or square footage requirements of the zoning
district. The previous owner's illegal subdivision of the
property is not a valid reason for rezoning.
The second reason cited was that the requested zoning is of
similar intensity as allowed under the Future Land Use Map, and
that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood. While
the requested zoning may be of similar intensity it is not more
appropriate than the existing zoning under which the balance of
the subdivision has been constructed.
REV I E W B Y o THE R S:
The parce 1 is not within the area which requires review by the
Community Redevelopment Agency, or the Historic Preservation
Board.
Neighborhood Notice:
Property owners within 500 feet of the subject properties have
received notice of the Public Hearing. In addition, the
following organizations have received courtesy notices of the
rezoning petition:
Charlotte Lees Pres of Lake Ida Homeowners Assoc.
Dave Henninger of Lake Ida Homeowners Association
Jack Sergio of Lake Ida Homeowners Association
'A SSE SSM E N T AND CON C L U S ION S:
The proposed rezoning is being sought to allow development of
the subs~an~ard parcel with a single family home. The proposed
zoning designation would allow development of a smaller home
.
P & Z Staff Report for May 16, 1994
Rezoning Lot 8 of Lake Ida Shores
Page 7
,
(1,500 sq. ft. minimum versus 2,200 sq.ft.) on a smaller lot
(10,200 sq. ft. versus 12,500 sq. ft. ) and allow reduced setbacks
(25 ' versus 35' ~ront), (7 1/2' versus 12' side), and 10' versus
12' rear) .
The resulting single family home and lot would not be consistent
with the existing single family development. This
inconsistency, along with failure to provide a valid reason for
the rezoning, and conflicts with the Comprehensive Plan policies
in the Housing and Land Use Elements, provides substantial
reason to deny the rezoning.
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Section
2.4.5(0)(5) (Valid Reasons for Rezoning), Section 3.3.2.
(A)&(D) (Standards for Rezoning) and policies of the
Comprehensive Plan.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, Section
3.3.2, Section 2.4.5 (D) (5) and policies of the
Comprehensive Plan.
S T A F F R E COM MEN 0 A T ION:
Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Section
2.4.5(0)(5) (Valid Reasons for Rezoning), Section 3.3.2.
(A)&(D)( Standards for Rezoning) and policies of the
Comprehensive Plan.
Report prepared by: Paul Dorling, Principal Planner
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City of Delray Beach, ~~~ Fla. 33444
Planning & Zoning Board, ~\,
city Hall,
Delray Beach, Phone: 407-276-2384
Fla. 33444.
Mon. May 9th 1994
Dear Sirs:
Re Public Hearing on zoning of
Lot 8 (less N. 20 feet) , Blk 3,
Lake Ida Shores, Plat Book 25,
Page 54.
Due to business commitments I regret I will be unable to attend the
May 16 hearing on proposals to rezone the above lot from R-l-AAA to
R-l-AB. However, I would like to make strenuous objections to any
rezoning proposal and would appreciate this letter being read and
entered into the records of the meeting.
Network Financial Corp., owners of the property in question, have been
trying for years to have Lot 8 rezoned because, frankly, it is unsuitable
as a home site. Over the years, existing zoning restrictions have forced
home buyers and builders to encroach on the original platting to meet
lot-frontage requirements. Lack of pre-planning by developers resulted
in this tiny lot being isolated in the middle of an area of fine homes.
To exempt this lot from the very zoning restrictions that created this
showcase neighborhood would be to the detriment of the subdivision and
the city. If we are to making zoning exemptions so that one developer can
build on one inferior lot, we would be making a mockery of the very same
zoning laws that are designed to protect homeowners and enhance the city.
The developer has already indicated to me that he wants to build a
two-story home on the lot - solely because it is too narrow for a
conventional home. Twelve years ago I had to purchase extra footage so that
my home would meet zoning regulations. Are we now going to change the rules
and penalize me for this? The skyscraper mentality that would put a two-stOl
house on Lot 8 would result in an incongruous eyesore in our neighborhood,
I
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would lower property values in the area, and would affect the tax base
of the city.
Our neighborhood does not need any more homes - and our street does
not have room for any more homes. Future development of our area and
our city should be along already established guidelines. Careful
attention to the planning of Delray Beach is what has made our municipality
beautiful and won it the honor or being named an All-American City. ~ow
that Delray has come so far, why break the rules to line the pockets of
developers who will eventually move on and leave us with a legacy detrimental
to our area?
I have called Delray Beach home for 21 years and am proud of my city.
I would not like to see it spoiled by one over-zealous developer.
Thank you for your consideration.
Yours sincerely, .~
(Malcolm Hayes)
,
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER F'/1 i
SUBJECT: AGENDA ITEM # jj.. d - MEETING OF JUNE 7, 1994
FIRST READING FOR ORDINANCE NO. 30-94/LDR AMENDMENT TO
ALLOW AUCTIONS AS AN ACCESSORY USE IN THE MIC DISTRICT
DATE: JUNE 1, 1994
This is first reading for Ordinance No. 30-94 which amends Section
4.4.19(C) of the Land Development Regulations by adding "auctions"
as an allowable accessory use in the Mixed Industrial and
Commercial (MIC) District.
The proposed amendment will permit the conducting of auctions as an
accessory use only, incidental to an existing principal use. In
response to concerns regarding the impact of the use on adjacent
businesses, it also requires that parking be provided pursuant to
the requirement for a general commercial use (4.5 spaces per 1,000
sq. ft. of gross floor area). If parking is determined to be
inadequate, an alternative would be to limit the use to hours when
the majority of neighboring businesses are closed (evenings,
weekends) . If a determination can be made that adequate parking
exists, or that parking will be adequate if the use is limited to
certain hours, the use can be approved at an administrative level.
The Planning and Zoning Board formally reviewed the proposed text
amendment on May 16, 1994, and forwarded it to the Commission with
a unanimous recommendation for approval.
Recommend approval of Ordinance No. 30-94 on first reading. If
passed, public hearing on June 21, 1994.
f~ :J - 0
ref:agmemol1
.
. "
_.. __ __. _ ,.____u..-
ORDINANCE NO. 30-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19(C) OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY ADDING AUCTIONS AS AN ALLOWABLE
ACCESSORY USE IN THE MIXED INDUSTRIAL AND COMMERCIAL
(MIC) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of May 16,
1994, and has forwarded the change with a unanimous recommendation of
approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is not inconsistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.19, "Mixed Industrial and
Commercial (MIC) District", Subsection 4.4.19(C), "Accessory Uses and
Structures Permitted", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal
use:
(1) Parking lots
(2) Refuse and service areas
(3) provision of services and repair of items
incidental to principal uses
(4) Storage of inventory, equipment or materials,
within a structure or in an approved outside location
,
,
J1l The conducting of auctions incidental to a
principal use, and subject to the provision of parking at the
rate required for general commercial uses
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Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective 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
I
- 2 - Ord. No. 30-94
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, ~ MANAGIf', ~--
FROM: DIANE DOMINGUEZ, !, W~ ~"'JJ~
DIRECTOR OF PLANNING 0 IN .
SUBJECT: MEETING OF JUNE 7, 1994 "- '
LOR AMENDMENT ALLOWING AUCTIONS AS AN ACCESSORY USE
IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to Section 4.4.19 of the Land
Development Regulations, MIC zoning district. The
amendment would add "auctions" as an allowable accessory
use.
B A C K G R 0 UNO:
This amendment came about as a result of a request made by the
owner of an antique store in the Delray Commercial Center
(formerly the Linpro Center) , for a similarity of use
determination. The request was that the Planning and Zoning
Board find the use "auctions" to be similar to other retail uses
allowed in the MIC zone. The Board cons idered the request at
its meeting of April 18, 1994. While the members felt the use
was similar, they had concerns which led to the initiation of a
text amendment rather than simply a determination that the use
is similar. The attached Planning and Zoning Board staff report
describes the background and proposed amendment in greater
detail.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board formally reviewed the proposed
text amendment at its meeting of May 16, 1994. Other than the
applicant's representative, there was no public testimony on the
item. The Board voted 7-0 to recommend that the amendment be
approved.
R E COM MEN D E D ACT ION:
By motion, approve the amendment to LDR Section 4.4.19(C) adding
the following as an allowable accessory use in the MIC District:
(5) The conducting of auctions incidental to a principal
use, and subject to the provision of parking at the rate
required for general commercial uses.
Attachment:
* P&Z Staff Report & Documentation of May 16, 1994
T:CCAUCM:I:C.DOC
I
,
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT -
MEETING OF: MAY 16, 1994
AGENDA ITEM: V .-E. LDR AMENDMENT ADDING "AUCTIONS" AS AN
ALLOWABLE ACCESSORY USE IN THE MIC DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on an LDR amendment
which would allow the conducting of auctions as an
accessory use in the MIC (Mixed Industrial and Commercial)
zoning district.
BACKGROUND:
At its meeting of April 18, 1994, the Planning and Zoning Board
considered a request for a Determination of Similarity of Use
regarding auctions in the MIC zone. An owner of an antique
furniture business in the Linpro Center (N.E. corner of Congress
Avenue and S. W. 10th Street) wanted to hold auctions on an
occasional basis to clear out excess inventory. Although retail
sales is permitted in the district, "auctions" is not a listed
use. Auctions are listed as a permitted use in the CBD, Ge, and
PC zoning districts. Thus, the request for a determination was
presented to the Board.
During the discussion of the item, Board members voiced several
concerns. While they felt that the use is generally similar to
other uses permitted in the district, there were concerns about
the potential impacts of the use on neighboring businesses,
particularly as it relates to parking. The MIC district allows
a variety of uses, many of which have a lesser parking
requirement than a retail or assembly type of use. It was felt
that if auctions are permitted in the distict, such a request
should be subject to a review by staff as to the availability of
parking.
PROPOSED AMENDMENT:
The proposed amendment (copy attached) , would permit the
conducting of auctions as an accessory use only, incidental to
an existing principal use. It would also require that parking
be provided pursuant to the requirement for a general commercial
use (4.5 spaces per 1,000 sq. ft. of gross floor area). Prior
to approving auctions at a particular location, the business
would have to verify that parking was available. In the case of
the Linpro Center, this would involve a review of the square
footage of all of the existing businesses, and the number of
spaces available. If the parking were determined to be
inadequate, an alternative would be to limit the conducting of
V.E.
.
Planning and Zoning Board Staff Report
LOR Amendment RE: Auctions in HIC
Page 2
auctions to hours when the majority of the business are closed
(evenings, weekends). Thus, administrative relief for the
double counting of spaces for an off-hours use would have to be
granted by the Director of Planning and Zoning before the use
would be permitted pursuant to LOR Section 4.6.9(C)(8)(b).
ANALYSIS
The proposed amendment allows the addition of a use which is
similar to other uses permitted in the district. It also
provides some restrictions to address the concerns related to
the impact of the use on adjacent businesses. These
restrictions involve the limiting of auctions to an accessory
use, subject to a parking requirement that is greater than that
which is typically provided in an HIC zoned development. Any
requests to hold auctions at property zoned HIC will be subject
to a review by staff as to the availability of parking. If a
determination can be made that adequate parking exists, or that
parking will be adequate if the use is limited to certain hours,
the use can be approved at an administrative level.
RECOMMENDED ACTION:
By motion, recommend to the City Commission that the following
language be added to LOR Section 4.4.19(C):
( 5 ) The conducting of auctions incidental to a principal
use, and subject to the provision of parking at the rate
required for general commercial uses.
'Attachments:
* Proposed ordinance
TIPZAUC.DOC
Report prepared by:
,
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Section 4.4.19--MIC Zoning District
(C) Accessory Uses and Structures Permitted: The following
uses are allowed.when a part of, or accessory to, the principal
use:
( 1 ) .Parking lots
(2 ) Refuse and service areas
. (3) Provision of services and repair of items incidental-
to principal uses
(4) Storage of inventory, equipment, or materials, within
a structure or in an approved outside location.
ill The conducting of auctions incidental to a principal
use, and sub1ect to the provision of parking at the rate
required for general commercial uses.
. ..
T1MJ:CA.UC.DOC
I
< J~'~~11l~\F\
CHARLES P. RANDALL, P.A. ' J;'~~ ~JJ)
ATTORNEY AT LAW 4 \~(':..
_ A?1 '17"+
THE COURTYARD, SUITE 150
5301 NORTH FEDERAL HIGHWAY G & ZONING
BOCA RATON. FLORIDA 33487 PlANNlN
(407) 995-0990
FAX (407)995-9988
ADMITTED PRACTICE BEFORE
FLORIDA STATE & FEDERAL TRIAL COURTS
CALIFORNIA US TAX COURT
VIA HAND DELIVERY
April 1, 1994
City of Delray Beach
Planning and zoning Board
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Application of Keisarian Antiques for
Determination of Similarity of Use
Dear Sir/Madam:
I represent Keisarian Antiques USA, Inc. located in the Delray
Commercial Centre, 955-975 South Congress 'Avenue, Delray Beach, FL
33445. My client is a United States subsidiary of a well-known
European antique house which specializes in the importation and
sale of museum quality antiques acquired from European Landed
Estates.
My client wishes to conduct monthly auctions of estate antiques
from its Delray Commercial Centre location. The auctions are
expected to draw a maximum of 50 people at anyone time. The
location is 4,700 square feet in size and contains both men's and
women's restrooms.
Keisarian was under the impression at the time it entered into the
Lease with the Centre that such activities were permitted under the
existing zoning laws. It has recently come its attention that the
applicable zoning is Mixed Industrial and Commercial. This zoning
is apparently not the correct zoning for such auctions to take
place.
Respectfully, my client and my self would like the opportunity to
meet with the Planning and Zoning Board for the purpose of
obtaining from Determination of Similarity of Use to allow the
auction activities as outlined above. In this respect and with the
limited auction frequency which is contemplated by such use, the
activity resembles the furniture and home furnishings
classification as described in Section 4.4.19 (4)(e) of the City's
Administrative Code. My client requests the hearing time at your
first available opportunity.
.
Letter to Delray Planning and Zoning Board -
Dated April 1, 1994
page 2
Please call if you have any questions.
Very truly yours,
dt-le~
Charles P. Randall
CPR:rnd
\Scon'ZoaiDglleI03.31
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
,
FROM: CITY MANAGERf'7" (
SUBJECT: AGENDA ITEM # I~D - MEETING OF JUNE 7, 1994
FIRST READING FOR ORDINANCE NO. 3l-94/LDR AMENDMENT
CREATING SECTION 4.4.27, "OSR (OPEN SPACE AND RECREATION)
DISTRICT
DATE: JUNE 2, 1994
This is first reading for Ordinance No. 31-94 which amends the Land
Development Regulations by creating a new zoning district to be
known as the OSR (Open Space and Recreation) District.
This amendment is proposed in response to direction from the
Commission in February, 1993, to refine the CF (Community
Facilities) District. It, along with the proposed amendments to
the CF and OS (Open Space) zoning districts, is intended to provide
a zoning category which clearly delineates the types of use it is
intended to accommodate. The attached staff report provides
additional background and analysis of the OSR District. Basically,
it is intended primarily for outdoor recreational uses such as golf
co~rses and city parks with active facilities such as ballfields.
The Planning and Zoning Board formally reviewed this item at its
meeting of April 18, 1994, and forwarded the amendment to the
Commission with a unanimous recommendation of approval. Staff has
subsequently proposed the inclusion of "Residential facilities for
temporary occupancy by participants of recreational programs" as an
accessory use in the OSR district in order to accommodate the
residential facilities at the Bucky Dent Baseball School.
Recommend approval of Ordinance No. 31-94 on first reading. If
passed, public hearing on June 21, 1994.
p~ 4/0
ref:agmem014
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DA~~CrTY MANAGER
FROM: Dr ,~ J J - ~':...J
DIRECTOR OF PLANNI & ZING
SUBJECT: MEETING OF JUNE 7, 1994
LOR AMENDMENT CREATING SECTION 4.4.27, OSR (OPEN SPACE.
AND RECREATION) DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the Land Development
Regulations.
....... ~, The amendment creates a new zoning district to be known as
the OSR (Open Space and Recreation) District.
B A C K G R 0 UNO:
This amendment is the result of direction given by the City
Commission in February of 1993, during consideration of changes
proposed to the CF (Community Facilities) District. Those
changes involved a renaming of the district to IFS (Institutions
Facilities and Services), and the provision of flexibility in
some of the development standards and allowable uses. During
the discussion of the amendment, the Commission noted that the
district was quite broad in scope, in that it accommodated uses
ranging from parks and ballfields to government centers and
hospitals. Direction was given to create two separate zoning
districts from the CF zone: one that would accommodate
services and institutions, and one that would be applied to
recreational facilities. The resulting new zoning district is
the OSR (Open Space and Recreation) District.
A N A L Y S I S
The OSR District is intended primarily for outdoor recreational
uses such as golf courses and city parks with active facilities
such as ballfields. It is also appropriate for recreation
centers that involve outdoor oriented activities, such as the
Catherine Strong center and Pompey Park. As a result of the
creation of this district, golf courses will be deleted as an
allowable use in the Open Space district, and golf courses
throughout the City will be rezoned to OSR. The OSR as proposed
provides additional clarification as to the types of accessory
uses that will be permitted in conjunction with golf courses and
other active recreation areas.
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City Commission Documentation
LDR Amendment Creating OSR District
Page 2
~~,..
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 18, 1994. At the suggestion of members of the
Hamlet Golf-and Tennis Club, the Board recommended that language
be added which allowed for private recreational facilities
operated .in conjunction with golf courses. The Board voted 7-0
.to recommend approval of the amendment.
During its discussion of the related rezonings of facilities
from CF and OS to OSR, a question was raised regarding the
residential facilities at the Bucky Dent Baseball School.
Because such facilities are not listed as allowable in the OSR
district, the Board recommended that the facility remain zoned
CF. However, that creates other complications, as parks and
ballfields are being deleted from the CF district. A more
appropriate approach would be the inclusion of the use.
"Residential facilities for temporary occupancy by participants
of recreational programs" as an accessory use in the OSR
District.
RECOMMEND E D ACT ION:
By motion, approve the LDR amendment creating Section 4.4.27,
Open Space and Recreation District as attached, with the
addition of the following under Section 4.4.27 (C) Accessory
Uses and Structures Allowed:
(7) Residential facilities for temporary occupancy by
participants of recreational programs.
Attachment:
* Ordinance by others
or z CCOSRLDR. DOC
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ORDINANCE NO. 31-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW
SECTION 4.4.27, "OPEN SPACE AND RECREATION (OSR)
DISTRICT" ; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of April 18,
1994, and, by unanimous vote, forwarded the change with a recommendation
of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new Section 4.4.27, "Open Space and
Recreation ( OSR) District", to read as follows:
Section 4.4.27 Open Space and Recreation (OSR) District:
(A) Purpose and Intent: The Open Space and Recreation (OSR)
Zone District is established in order to most appropriately identify
parcels of land which are used primarily for recreational or public
purposes in an outdoor setting (e.g. a swimming facility). Thus, it is
generally applied to parks, golf courses, and situations where public
recreational facilities may exist. It also accommodates the operation
of activities licensed by the City. I
I
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The OSR District is deemed compatible with all land use
, designations shown on the Future Land Use Map.
(B) Principal Uses and Structures Permitted: The following I
types of use are allowed within the OSR District as a permitted use: i
I
(1) Parks, public or private, active or passive,
including playgrounds, ballfields, interpretative
trails, educational exhibits, and the like
,
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(2 ) Recreational facilities such as swimming pools,
tennis courts, exercise and activity rooms
( 3) Golf courses (public or private) , including
clubhouses with restaurants, meeting rooms, pro
shops, and similar facilities
(4 ) Cemeteries and mausoleums, public or private I
( C) Accessory Uses and Structures Allowed: The following I
I
types of use are allowed when a part of, or accessory to, the principal I
use:
(1) Parking lots
I (2 ) Restrooms, rest areas, picnic facilities
i ( 3) Administrative and maintenance buildings I
I I
I I
(4 ) Boat ramps
I (5) Concessions and services provided under a license
,
I agreement with the City of Delray Beach
I i
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(6 ) Storage of inventory, equipment, and materials, I
within a structure or in an approved outside
location
(7 ) Residential facilities for temporary occupancy by i
participants of recreational programs ,
(D) Conditional Uses and Structures Allowed: There are no i
listed conditional uses in the OSR District. If a use is so i
!
contemplated, it may be more appropriate to seek CF District zoning. I
i
(E) Review and Approval Process: The use of any land within I
the OSR District must be pursuant to a site and development plan which
has been approved by the Site Plan Review and Appearance Board pursuant
to Sections 2.4.5(F), (H) and ( I) , as appropriate.
I
(F) Development, Supplemental, and Special Regulations: All i
standards for the development and/or use of property zoned OSR shall be I
established pursuant to the site and development plan.
I
Section 2. That all ordinances or parts of ordinances which !
are in conflict herewith are hereby repealed.
- 2 - Ord. No. 31-94
,
Section 3. That should any section or provision of this
ordinance or al)Y portion thereof, any paragraph, sentence or word be
declared by a. court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective 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
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- 3 - Ord. No. 31-94
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER{:fv'\
SUBJECT: AGENDA ITEM # I~€ - MEETING OF JUNE 7, 1994
FIRST READING FOR ORDINANCE NO. 32-94/LDR AMENDMENT TO
SECTION 4.4.21, "CF (COMMUNITY FACILITIES) DISTRICT
DATE: JUNE 2, 1994
This is first reading for Ordinance No. 32-94 which amends the CF
(Community Facilities) zoning district by clarifying its purpose
and intent, amending the types of uses allowed, and modifying
certain special regulations to allow for the relaxation of the
district boundary requirements.
This amendment is associated with the creation of the OSR District
in that it deletes from the CF District those uses which will now
be permitted under OSR zoning (i.e., golf courses, city parks
having active outdoor components such as ballfields, and
cemeteries) . It continues to accommodate public and private
facilities for governmental, religious, educational, health care
and social service purposes, and is also applied to certain large
scale recreation centers such as the municipal tennis complex.
Churches and places of worship are now proposed to be allowed in
the CF zone as a principal use rather than a conditional use. The
proposed changes to the district boundary requirements will allow
for more flexibility in the provision of buffers and landscape
treatment.
The Planning and Zoning Board formally reviewed this item on April
18, 1994, and forwarded it to the Commission with a unanimous
recommendation for approval.
Recommend approval of Ordinance No. 32-94 on first reading. If
passed, public hearing on June 21, 1994.
p~ 4---0
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID ~. HARDE~MANAGER .
FROM: . DIANE DOMINGUEZ ~~
DIRECTOR OF PLANNING & Z NING
SUBJECT: MEETING OF JUNE 7, 1994
LDR AMENDMENT TO SECTION 4.4.21, CF (COMMUNITY
FACILITIES DISTRICT)
'ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the Land Development
Regulations.
The amendment involves changes to the CF (Community
Facilities) zoning district.
B A C K G R 0 U N D:
This item is associated with the amendment creating the OSR
(Open Space and Recreation) zoning district. The OSR District
is intended to be applied to outdoor oriented recreational
facilities such as golf courses, ballfields, and the like.
Concurrent with the creation of the OSR zone, both the CF and
the OS (Open Space) districts are being modified. For
additional background information, see the documentation
regarding the creation of the OSR district.
A N A L Y S I S
The amendment will delete from the CF District those uses which
will now be permitted under OSR zoning. Those uses include
recreation facilities such as golf courses, and city parks
having active outdoor components such as ballfields. The CF
District will continue to be applied to certain large scale
recreation centers such as the municipal tennis complex.
Another modification to the district would allow churches in the
CF zone as a principal use rather than a conditional use. This
change is appropriate in that churches currently have to go
through both a rezoning and conditional use process to establish
their facilities, followed by the site plan review process.
That level of review is excessive for this type of use--most of
the relevant issues can be addressed through the rezoning and
site plan processes.
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City Commission Documentation
LDR Amendment to the CF District
Page 2
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Additional changes to the CF zoning involve the relaxation of
the district boundary requirements. Currently there is a set
requirement to provide a 10'-15' buffer along the front and side
streets. Additional requirements listed in Section 4.6.4,
Special District-Boundary Treatment state that when adjacent to
residential districts, the CF zoned property must provide a
minimum landscaped setback of 15', or must provide a 10' setback
and a wall or hedge. In some instances these requirements have
proven to be excessive given the type of development proposed.
A related amendment would delete the language in 4.6.4.
entirely. This amendment would replace it with language within
the CF zoning regulations itself which will allow for more
flexibility in the provision of these buffers and landscaped
treatment.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 18, 1994. The Board voted 7-0 to recommend
approval of the amendment to the CF District as attached.
R E COM MEN D E D ACT ION:
By motion, approve the amendment to Section 4.4.21, Community
Facilities District as attached.
Attachment:
* Ordinance by others
T:CCCFLDR.DOC
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ORDINANCE NO. 32-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY CLARIFYING PURPOSE AND INTENT, TYPES OF
USES ALLOWED, AND DEVELOPMENT, SUPPLEMENTAL AND SPECIAL
REGULATIONS FOR THE ZONE DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
zoning Board reviewed the subject matter at its meeting of April 18,
1994, and, by unanimous vote, forwarded the change with a recommendation
of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the I
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.21, "Community Facilities (CF)
District", of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
Section 4.4.21 Community Facilities (CF) District:
(A) Purpose and Intent: The Community Facilities (CF)
District is a special purpose zone district primarily, but not
exclusively, intended for tittltttes locations at which facilities are i
provided to w~tiM serve publicL in~ semi-public and private purposes. I
It/t~/il~~/i~~lte~//t~/te~~lite~/~t~~etttei/s~~~~tte~//t0/i/ttinifet//0f
~eieI0~e~t/ti~~ts' Such purposes include governmental ~sesl//t~~tt~ei,
religious, educational, health care, social service, and special
facilities Ln$ttt~tL~ns. It is also applied to regulated properties
subjected to a transfer of development rights pursuant to Section I
4.6.20. i
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The CF District is deemed compatible with all land use
designations shown on the Future Land Use Map. !
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(B) Principal Uses and Structures Allowed: The following
types cf use ar~ allowed within the CF District as a permitted use:
(1) GovernmentalL tatilitie~ such as: civic centers,
courts, courthouses, temporary holding facilities, fire stations,
governmental offices, public health facilities, law enforcement offices
and facilities, post offices, public utility facilities (e.g., lift
stations), water storage tanks, water treatment plants, water wells,
wastewater treatment plants, drainage facilities.
(2) Community, tatilitie~ such as: civic centers,
community centers, community theatre, cultural facilities and
auditoriums, arts and crafts centers, libraries, museums, public parking
10tst/pat~Ln~ and garages.
(3) pat~s/llan61//tRecreation, tatilitie~ such as:
community centers, pat~st/~alltie1611 tennis centers, swimming centersl
~61t/t6ntses/w~it~/ateI6penlt6/t~e/pn~lit.
(4) Service~ 0tie~te~l/tatilitie~ such as: Abused
Spouse Residences, Child Care Centers, Day Care Centers, ~t0~p//H0~e~
teteZslXllandllXX Community Residential Facilities with six or less
occupants.
J2l Religious, such as: churches and places of worship
with attendant uses of day care, pre-school, educational facilities, and
with other normal educational (Sunday school) and recreational
facilities, and support facilities (e.g., parsonage).
(!~) Restricted usage allowed pursuant to an ordinance
enacted to sever development rights under a Transfer of Development
Rights (TDR). (See Section 4.6.20).
~61/It.e1J.eteties
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
(1) Parking lots and garages
(2) Service and refuse areas
(3) Cafeterias, snack bars, restaurants, exercise
facilities, etc., when contained in the same structure as the principal
use.
- 2 - Ord. No. 32-94
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(4 ) Storage of inventory, equipment, or materials,
within a struct~re or in an approved outside location.
(5 ) Concessions and services provided under a license
aqreement with the City.
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses:
(1) Health Care, such as: Adult Congregate Living:
Continuing Care; Homes for the Aged; ani\ Nursing Home s ; tatLlLtLesJ
Substance Abuse Treatment Facilities; Hospitals, with or without
helipads and associated laboratories, treatment centers, rehabilitation
centers, and testing facilities; and Mental Health Treatment Facilities
including residential care.
~lr//g~~~taftie/A~~~e/ttea~eftt/taitlttte~I
~~r//t~~ti~e~/an~/plaie~/~t//w~t~~ip/wit~/atteni\ant//~~es
~t/~al/iateJ/ptef~i~~~IJ/ei\~iati0nal//taiLlitie~'/ani\/wit~/~t~et//n~t~al
ei\~iat10~al/~g~~~at//~i~~~IY/a~i\//teiteati0nal/taiilttiesJ//ani\//s~PP0tt
taiillties/~e'~/'/pat~0na~esrl
(.2) EducationalL tatilitLe~ either public or privateL
and vocational schools except for training or programs which can be
conducted in multipurpose buildings or offices (e.g., a dance school,
real estate school, etc.) which may be located in various commercial
districts.
(Sl) ~t~~p//ft~~esJ///te1el///tttl Services, such as:
Community Residential Homes with seven or more occupants.
~61//ft~spLtals'/wLt~/~t//wit~~~t/~elipai\s/and//ass~tLate~
la~6tAt6tLes'/tteat~ent//tentets'//te~a~LlitatL~n/tentets'//and//testLn~
fACLlLtLes'
~1Y//Mefttal///ftealt~///tteat~ent///tatilitie~///Lntl~i\in~
tesLdentLAl/CAtel
~Sr//Pti*atell/0petate~/pat~in~/1~t;/an~/~ata~esJ
~~r//~et~~e/tta~;tet/gtati0n~
~x~r//gtai\i~;/a~~/atena~
- 3 - Ord. No. 32-94
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~tly//ttiri~~~ttat!~ri/~tatt~ri~//ari~/tetmtrial~//~~t~/a~//~~~
~tat!~ri~'/tatl~al/ttat!~ri~'/tatt/~t~~att~/~m~te/t~ari/~rie/tattyt
~t2y//~ttlttl/tattlttte~/t~t~/a~/~~wet/ttari~fet/~tatt~ri~t
l!l Transportation, such as: bus stations, railway
stations, taxi dispatch (more than one taxi), and park and ride areas.
l2l Special Services and Facilities, such as: privately
operated parking lots and garages; stadiums and arenas; refuse transfer
stations; power transfer stations; and communication towers.
(E) Review and Approval Process:
(1) In established structures, principal and accessory
uses shall be allowed therein upon application to, and approval by, the
Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by
the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F),
2.4.5(H), and 2.4.5(I).
(3) Conditional uses must be approved pursuant to
Section 2.4.5(E).
(F) Development Standards: The development standards as set
forth in Section 4.3.4 shall apply as guidelines for site development.
While deviations from these standards are allowed, each deviation must
be specifically approved by the Site Plan Review and Appearance Board.
(G) Supplemental District Regulations: The supplemental
district regulations as set forth in Article 4.6 shall apply.
(H) Special Regulations:
(1) Wtt~iri/t~e/ft0rit//lit~/~et~it~/iri~//irif/~tteet//~t~e
The perimeter setback area, when provided, t~e/ftt~t//teri/feet//~t0'y
a~~tttri~/t*e/tt~*t+0f+wif shall be a landscaped area within which no
paving shall be allowed except for driveways and walkways leading to
structures on the premises. Such driveways and walkways shall be
generally perpendicular to the property line. 0ri/l~t~//wtt~/A//~ept~
~teatet/t*a~/t*tee/~~~~te~//feet/~J~0,y'/t~e//ft0rit/lit~/liri~~ti~e//itea I
~~all/~e/ftftee~/feet/~tS,y/t~/~e~t~t
- 4 - Ord. No. 32-94
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(2) When this zone district is adjacent to residential
zoning, the perimeter landscape area should be increased to a depth of
fifteen feet (15') ; or, as an alternative, either a wall, decorative
fencing, or hedging should be installed for aesthetic and buffer
purposes.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective 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
- 5 - Ord. No. 32-94
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt!J1/1
SUBJECT: AGENDA ITEM # /~F - MEETING OF JUNE 7, 1994
FIRST READING FOR ORDINANCE NO. 33-94/LDR AMENDMENT TO
SECTION 4.4.22, "OS (OPEN SPACE) DISTRICT"
DATE: JUNE 2, 1994
This is first reading for Ordinance No. 33-94 which amends the Open
Space zoning district by clarifying its purpose and intent and by
amending the types of uses allowed within the district. It is
associated with the creation of the OSR District in that this
amendment deletes from the OS District those uses which will now be
permitted under OSR zoning, including golf courses and city parks
having active outdoor components such as ballfields.
The OS District will continue to be applied to passive parks and to
the municipal beach. This amendment also provides clarification as
to the types of accessory uses that are appropriate under Open
Space zoning.
The Planning and Zoning Board formally reviewed this item on April
18", 1994, and forwarded the proposed amendment to the Commission
with a unanimous recommendation for adoption.
Recommend approval of Ordinance No. 33-94 on first reading. If
passed, public hearing on June 21, 1994.
p~ 6 ~o
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~~~~ITY MANAGER
FROM: . DI OMIN ,
DIRECTOR OF PLANNIN
SUBJECT: MEETING OF JUNE 7, 1994
LDR AMENDMENT TO SECTION 4.4.22, OS (OPEN SPACE)
DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the Land Development
Regulations.
The amendment involves changes to the OS (Open Space)
zoning district.
B A C K G R 0 U N D:
This item is associated with the amendment creating the OSR
(Open Space and Recreation) zoning district. The OSR District
is intended to be applied to outdoor oriented recreational
facilities such as golf courses, ballfields, and the like.
Concurrent with the creation of the OSR zone, both the OS and
the CF (Community Facilities) districts are being modified. For
additional background information, see the documentation
regarding the creation of the OSR district.
A N A L Y S I S
The amendment will delete from the OS District those uses which
will now be permitted under OSR zoning. Those uses include golf
courses and city parks having active facilities such as
ballfields. The OS zone will continue to be applied to passive
parks, including those with excercise and/or interpretive
trails, and to the municipal beach. This amendment also adds
language concerning allowable accessory uses, in order to
further clarify the types of activities that are appropriate in
the OS District.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 18, 1994. The original language in the
amendment would have deleted the use "parks" altogether, in
,
, .
City Commission Documentation
LDR Amendment to the OS District
Page 2
-,~-
order that the zone be reserved specifically for passive open
space uses such as retention areas, water bodies, and the beach.
However, several residents in attendance at the meeting
expressed concerns over the potential commercialization of city
parks that were to be rezoned OSR. The suggestion was made that
the OS zoning be applied to passive parks such as Barwick, Lake
Ida, and .the beach parks, and that the OSR be applied to parks
that have an active component such as ballfields.
After discussion, the Board voted 7-0 to recommend approval of
the amendment to the OS District as provided in the attached
ordinance.
R E COM MEN D E D ACT ION:
By motion, approve the amendment to Section 4.4.22, Open Space
District as attached.
Attachment:
* Ordinance by others
T: CCOI9LDR. DOC
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ORDINANCE NO. 33-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.22, "OPEN
SPACE (OS) DISTRICT" , OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DEL RAY BEACH, FLORIDA, BY
CLARIFYING PURPOSE AND INTENT OF THE DISTRICT, AND
AMENDING TYPES OF USES ALLOWED WITHIN THE ZONE
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of April 18,
1994, and, by unanimous vote, forwarded the change with a recommendation
of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.22, "Open Space (OS) District", of
the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 4.4.22 Open Space (OS) District:
(A) Purpose and Intent: The Open Space (OS) Zone District is i
established in order to most appropriately identify parcels of land
which are used primarily in an open space manner. Alt~0~@~/tCreated to
reflect some of the open space areas as shown on the Future Land Use
Map, the OS District w..~t/~1.$0//'b~ is applied to portions of land ,
development projects which are primarily open space in nature (e.g. ,
i ~61t/t6nt$es/An4 water bOdies) and to other open space areas, including
the municipal beach, which are normally not to have intense use or
commercialization.
I
The OS District is deemed compatible with all land use
designations shown on the Future Land Use Map.
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(B) Principal Uses and Structures Permitted: The following
types of use are allowed within the OS District as a permitted use:
(1) Passive p1arks, public or private
(2 ) Water bodies and/or water management tracts within
development projects.
( 3) Excess parcels located along the Interstate Highway
System, canals, and similar parcels which should be retained for open
space and aesthetic purposes.
(4) ~~lt/t~~ts~sJ/~~~llt/~t/ptltat~
The municipal beach
ill Drainage retention areas
(C) Accessory Uses and Structures Allowed: The follo~ing
I types of use are allowed when a part of, or accessory to, the principal
,
, use:
!
i (1) Parking lots
I
(2) Restrooms, rest areas, picnic facilities
(3) Interpretative trails, jogging and exercise courses
I
i
~'Y//~~rf//t0~ts~///tl~~*0~s~J//pt0///s*0PJ///~.l~t~~.~t~
'hnL1.4LnfJs
( 5.!) Lifeguard stands, headquarters and necessary support
facilities
ill Maintenance facilities
ill Boat ramps
I
(D) Conditional Uses and I
Structures Allowed: There are no I
I
listed conditional uses in the OS District. If a use is so
contemplated, it may be more appropriate to seek CF District zoning.
i
(E) Review and Approval Process: The use of any land within ,
I
the OS District must be pursuant to a site and development plan which \
has been approved by the Site Plan Review and Appearance Board pursuant ,
to Sections 2.4.5(F), (H) and ( I) , as appropriate. ,
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- 2 - Ord. No. 33-94
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(F) Development, Supplemental, and Special Regulations: All
standards for the development and/or use of property zoned OS shall be
established pursuant to the site and development plan.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective 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. I
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MAYOR
ATTEST:
City Clerk
First Reading
Second Reading i
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- 3 - Ord. No. 33-94
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t?v'!
SUBJECT: AGENDA ITEM # /;'6 - Y - MEETING OF JUNE 7, 1994
FIRST READING FOR ORDINANCE NOS. 34-94 THROUGH 52-94/
REZONING VARIOUS RECREATIONAL/PASSIVE FACILITIES TO OSR
(OPEN SPACE AND RECREATION) OR OS (OPEN SPACE)
DATE: JUNE 2, 1994
This is first reading for nineteen ordinances which rezone certain
recreational or passive facilities throughout the City to either
OSR (Open Space and Recreation) District or OS (Open Space)
District. The affected properties include golf courses (both
public and private), parks (active and passive), recreation centers
and the municipal cemetery. A complete listing is attached to the
staff report.
These rezonings are of a "housekeeping" nature and result from the
creation of the OSR (Open Space and Recreation) zoning district.
The properties being rezoned to OSR are now currently zoned either
OS or CF (Community Facilities) . The properties being rezoned to
OS are now currently zoned CF.
The Planning and Zoning Board formally reviewed this item at public
hearing on April 18, 1994. A unanimous recommendation of approval
was forwarded to the Commission for all of the proposed rezonings,
with two exceptions. The Board voted to retain CF zoning on the
Catherine Strong Center (Ordinance No. 39-94) and the Bucky Dent
Baseball School (Ordinance No. 51-94) based on the nature and
extent of activities occurring at those locations. However, both
of these centers contain ballfields, which are being eliminated
from the CF district under the proposed amendment, and would become
nonconforming uses under CF zoning. To avoid this, and because the
activities at both facilities are primarily recreation oriented,
application of OSR zoning is the most appropriate. Staff has
incorporated language in the OSR district which would accommodate
temporary living quarters for program participants as an accessory
use. This makes the housing at the Baseball School a conforming
use.
Recommend approval of Ordinance Nos. 34-94 tbrough 52-94,
inclusive, on first reading, based on positive findings with
respect to Chapter 3 (Performance Standards) of the LDRs, policies
of the Comprehensive Plan, and LDR Section 2.4.5(E) (5). If passed,
public hearing on June 21, 1994.
ref , agmerno13 ~ ~ !f ~O
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~. CITY MANAGER
FROM: . D E ~ IN
DIRECTOR OF
SUBJECT: MEETING OF JUNE 7, 1994
ORDINANCES 34-94 THRU 52-94, REZONING VARIOUS
RECREATIONAL FACILITIES TO OSR (OPEN SPACE AND
RECREATION) OR OS (OPEN SPACE)
ACTION REQUESTED OF THE COMMISSION: -"'....
The action requested of the City Commission is that of
approval of the rezoning of nineteen recreational
facilities to OSR (Open Space and Recreation) or OS (Open
Space) . The properties being rezoned to OSR are now.
currently zoned either OS or CF (Community Facilities)".
The properties being rezoned to OS are now currently zoned
CF.
The subject properties are located throughout the City, and
include both public and private recreational facilities.
B A C K G R 0 U N D:
These rezonings are of a "housekeeping" nature, and result from
the creation of the OSR zoning district. The OSR District is
intended to apply to active recreational facilities such as golf
courses and city parks having ballfields and other active
outdoor components. For additional background and analysis
regarding the creation of the OSR and the related rezonings, see
the attached Planning and Zoning Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 18, 1994. During the public hearing portion of
the meeting several residents expressed concerns about the need
to protect City parks from becoming commercialized. As
originally proposed, the OSR district would have been applied to
virtually all City parks, whether passive or active. The OS
district would have applied to water bodies, the municipal
beach, and areas that are intended for passive open space
purposes.
,
City Commission Documentation
Rezoning of Various Parcels to OS or OSR
Page 2
As a result of the citizen comments, the Board voted to change
the OS district so that it would continue to apply to passive
parks such as the beach parks, and to parks that have jogging
trails and ~~cni~ facilities but no ballfields.
As a result of these changes, many of the parcels that were
originally proposed to be rezoned from CF to OSR were
recommended to be rezoned OS instead. Also, at the request of
William Sned, the owner of the 36 acre parcel south of Lake Ida
Road and west of Davis road, the Board decided not to include
that property in the rezoning action. It will remain zoned CF.
The Board had also voted to keep the CF zoning on the Catherine
Strong Center and on the Bucky Dent baseball school. They felt
CF was more appropriate for those facilities because of the
nature and extent of the activities that are conducted at those
locations. They were particularly concerned about the
residential facilities at the Bucky Dent school. However, both
of these centers contain ballfields, which are being eliminated
in the changes proposed to the CF district. Also, the
activities at both facilities are primarily recreation oriented,
thus the OSR is the most appropriate zoning. Staff has proposed
a change to the OSR language which would accommodate temporary
living quarters for program participants as an accessory use.
This will make the housing at the Bucky Dent school a conforming
use.
The attached table lists the properties that are recommended for
rezoning to either OSR or OS.
R E COM MEN D E D ACT ION:
By motion, approve the rezoning of nineteen parcels as provided
in the related ordinances.
Attachment:
* Table of subject properties and recommended zonings
* P&Z Staff Report & Documentation of April 18, 1994
* Ordinances by others
T:CCREZOSR.DOC
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PLANNING AND ZONING BOARD STAFF REPORT
MEETING OF: APRIL 18, 1994
AGENDA ITEM: V.G. CHANGE OF ZONING FROM CF (COMMUNITY
FACILITIES) AND OS (OPEN SPACE) TO OSR (OPEN
SPACE AND RECREATION) FOR VARIOUS RECREATIONAL
SITES
ITEM BEFORE THE BOARD
The item before the Board is that of rezoning several properties
throughout the City from OS (Open Space) or CF (Community
Facilities) to the newly created OSR (Open Space and Recreation)
District.
The subject properties include golf courses, parks, recreation
centers, and vacant land. The attached map and corresponding
list identifies the properties to be rezoned.
BACKGROUND
In February of 1993, the City Commission considered a
recommendation by the Planning and Zoning Board to make certain
changes to the CF zoning district. During its discussion on the
proposed amendment, the Commission noted that the CF zoning did
not seem to be appropriate for many of the uses permitted in the
district, such as ballfields, parks, and golf courses. The
Commission gave direction to create two districts: one that
would primarily accommodate services and institutions, and
another that would be more suited to outdoor recreational uses.
The resulting zoning district is the OSR, Open Space and
Recreation District. The OSR is intended to be applied to
outdoor recreational uses such as parks and golf courses, and
similar recreational facilities. Concurrent LOR amendments are
being processed to eliminate those uses from the CF (Community
Facilities) and OS (Open Space) districts.
It is appropriate that with the adoption of the OSR zoning
district, the zoning on the properties to which it was intended
to apply be changed.
PROJECT DESCRIPTION
The rezoning affects twenty (20) properties totalling
approximately 835 acres. All but five (5) of the sites are
publicly owned and operated. The sites include four (4 ) golf
courses, the municipal cemetery, eleven (11) park sites, one
privately owned vacant parcel, and three facilities that are
youth-recreation oriented (Boy Scout Hut, Bucky Dent, Catherine
Strong) . The golf courses are currently zoned OS, and the
remaining facilities and properties are currently zoned CF. All
are to be rezoned to OSR.
The attached list provides size and ownership information for
each of the properties.
V,G,
,
P & Z Staff Report
Rezoning from CF and OS to OSR
Page 2 -
Z 0 N I N G A N A L Y 5 I 5
REQUIRED FIND.ING~ (Chapter 3):
Future Land Use Map: The use or structures must be allowed
in the zoning district and the zoning district must be
consistent with the land use designation.
The requested change is from OS and CF to OSR. As stated in the
Purpose and Intent statement of the OSR District Regulations,
OSR zoning is deemed to be compatible with all land use
designations shown on the Future Land Use Map. All of the uses
which currently exist on the subject properties will be
permitted uses in the OSR District.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to level of service standards established
within the Comprehensive Plan.
The change of zoning to OSR will reflect existing uses, and will
not have an impact on level of service standards.
Section 3.3.2 (Standards for Rezoninq Actions)r The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That rezoning to other than CF within stable residential
areas shall be denied (Housing Element A-2.4).
Many of the subject properties are located within stable
residential areas, and are currently zoned either CF or OS. The
OSR zoning was created from those two districts, and includes
uses that were previously allowed in CF and OS. The perIni t ted
uses, such as parks, golf courses, and cemeteries, are
appropriate in stable residential neighborhoods.
D. That the rezoning shall result in allowing land uses which
are de.med compatible with adjacent and nearby land uses
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
As noted above, the proposed OSR zoning includes uses that were
previously permitted in either the CF or OS districts, and will
reflect existing uses. Thus, a finding of compatibility can be
made.
.
P & Z Staff Report
Rezoning from CF and OS to OSR
Page 3
LOR COMPLIANCE:
Section 2.4.5(D)(5) Rezoning Findings:
Pursuant to Section 2.4.5(D)(1), Findings, in addition to
provision" of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of a similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicable reasons are "b" and "C" above. The amendments
proposed to the OS and CF zoning districts will delete many of
the uses currently in existence on the subject properties.
Unless the properties are rezoned to OSR, those uses will become
nonconforming. The OSR zoning is of a similar intensity as the
CF zoning district, and will be as appropriate for the
properties as the CF designation.
Development Standards
As currently provided in the OS zoning district, development
standards for properties zoned OSR shall be established pursuant
to the site and development plan. There are no specific
limitations as to setbacks, height, minimum open space
requirements, etc. , thus, the rezoning will not create
nonconformities with respect to those standards. All new uses
must be established through the site plan review process.
REV I E W B Y 0 THE R S
Notification of the rezoning has been provided to Palm Beach
County Parks & Recreation Department, Facilities Planning
Department, and Land Development Division; to the Hamlet,
Sherwood Park, and Del-Aire golf course operators; to the Falls
of Delray (Bucky Dent School), and to William Sned (owner of
vacant site west of Davis Road). Courtesy notices were also sent
to various community groups and homeowners associations
throughout the City. As many of the parcels are located in the
CRA district. the rezoning and text amendments were presented to
the CRA Boa..cd at its meeting of April 13, 1994. The Board
expressed no concerns.
I
P & Z Staff Report
Rezoning from CF and OS to OSR
Page 4 '"
ASS E SSM E N T AND CON C L U S ION
The OSR zoning d~strict was created to specifically apply to the
types of recreational and outdoor uses that are currently in
place on the subject properties. With the creation of the OSR,
many of those uses are being deleted from the CF and OS zoning
districts. It is appropriate that the subject properties be
rezoned accordingly in order to reflect the desired changes.
A L T ERN A T I V E ACT ION S
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter
3.3.2 (Compatibility), and that pursuant to Section
2.4.5(D)(5) the rezoning fails to fulfill at least one of
the reasons listed.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(E)(5).
S T A F F R E COM MEN D A T ION
Recommend approval of the rezoning request from OS (Open Space)
to OSR (Open Space and Recreation), and from CF (Community
Facilities) to OSR for the parcels identified in Appendix A
(attached), based upon positive findings with respect to Chapter
3 (Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, and Section 2.4.5(E)(5).
Attachments:
* Appendix A - Subject Properties Please Note: The att:achaIe1ts have Deen
* Appendix B - Location Map revised to reflect the properties that
are recamB1ded for rezoning to either
COR or CE.
Report prepared by: Diane Dominguez
T:OSRREZ.DOC
I
_ _..- _._ _ .._0< __ _"'_"_<_'~ _.-.- - -. .. . - . --- -
--.--.-.----- - _..~---- .-- -. -.- _.- --. . --- - -~ -- -- ~- - --.- --
ORDINANCE NO. 34-94
AN. ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS DEL-AIRE GOLF COURSE, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM OS (OPEN SPACE) DISTRICT TO
OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND
BEING GENERALLY LOCATED SOUTH OF LINTON BOULEVARD, ON
THE EAST SIDE OF MILITARY TRAIL; AND AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned OS (Open Space) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, 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 April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
Tracts G and H, DEL-AIRE GOLF CLUB FIRST ADDITION, as
recorded in Plat Book 37, Pages 163 through 166, of
the Public Records of Palm Beach County, Florida; and
Tract M, DEL-AIRE GOLF CLUB SECOND ADDITION, as
recorded in Plat Book 39, Pages 66 and 67, of the
Public Records of Palm Beach County, Florida; and
Tract C (less PB 39, Page 66) together with Tracts D
and F, DEL-AIRE GOLF CLUB, as recorded in Plat Book
35, Pages 1 through 4, of the Public Records of Palm
Beach County, Florida (known as Del-Aire Golf
Course) .
The subject property is generally located south of
Linton Boulevard, on the east side of Military Trail;
containing 200.27 acres, more or less.
, /:lG
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-
- . . -P' -,_ . -~. -- -~ - ..-....- - -- .-.. .--.
..-.-... _. ._-- ------.------.--- -. --..----- - - ...-----.-------..-- -- .-.-----
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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 0 f , 1994.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 34-94
.
CITY OF DELRAY BEACH. FLORIDA
L-JO CNW..
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os to OSR CF to os CF to OSR
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1 34-lJ4 8 3lJ-lJ4 11 44-lJ4 18 4lJ-lJ4
N 2 3S-lJ4 7 400-84 12 45-lJ4 17 5O-lJ4
:5 38-lJ4 S 41-lJ4 13 48-lJ4 18 :11-84
4 . 37-94 9 42-94 14 47-84 1lJ :12-94
CITY OF DElJtAy KACH. F\. .3 3!-lJ4 10 43-94 15 48-lJ4
PI.NlNHG DEPMNENT
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____,.._~._. ...,._ _. - __.____.__""_..'.__,_.._.___.._ .__..____________._,._ ___. ____ ._..._.,__.. ___,_.u.__.__,__.___,_ ._.._____._..__,.__.
ORDINANCE NO. 35-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS THE HAMLET GOLF COURSE, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM OS (OPEN SPACE) DISTRICT TO
OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND
BEING GENERALLY LOCATED ON THE SOUTH SIDE OF ATLANTIC
AVENUE, BETWEEN MILITARY TRAIL AND DOVER ROAD (IF
EXTENDED); AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned OS (Open Space) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, 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 April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
A parcel of land in Section 13 and Section 24,
Township 46 South, Range 42 East, known as The Hamlet
Golf & Tennis Club Golf Course, more particularly
described as follows:
That portion of the North Half (N 1/2) of Section 24,
Township 46 South, Range 42 East, lying east of State
Road 809 (Military Trail), and north of the L-35
Canal Right-of-Way; LESS the following: The Plat of
BOUGAINVILLA, as recorded in Plat Book 32, Page 56,
Palm Beach County Public Records; the Plat of
FOXPOINTE, as recorded in Plat Book 32, Page 107,
Palm Beach County Public Records; the Plat of
LAKEWOODE - SECTION I, as recorded in Plat Book 33,
Page 103, Palm Beach County Public Records; the Plat
of LAKEWOODE - SECTION II, as recorded in Plat Book
If).. f/
,
.
._._____.___.~... __,_~ "__._4'___ ..
33, Page 105, Palm Beach County Public Records; the
Plat of EVERGREENE, as recorded in Plat Book 33, Page
150; Palm Beach County Public Records; the Plat of
LAKEWOODE - SECTION III, as recorded in Plat Book 34,
Page 99, Palm Beach County Public Records; the Plat
of PINELAKE, as recorded in Plat Book 36, Page 165,
Palm Beach County Public Records; the Plat of THE
ESTATES, as recorded in Plat Book 38, Page 61, Palm
Beach County Public Records; the Plat of THE ESTATES
IV, as recorded in Plat Book 47, Page 76, Palm Beach
County Public Records; the Plat of FOX HOLLOW, as
recorded in Plat Book 47, Page 106, Palm Beach County
Public Records; the Plat of GREENSWARD VILLAGE
SUBDIVISION (also known as Greensward Village
Condominium #1 and Greensward Village Condominium
#2), as recorded in Plat Book 29, Page 186, Palm
Beach County Public Records; that portion of the Plat
of SHERWOOD FOREST PLAT NO.1, as recorded in Plat
Book 62, Page 163, Palm Beach County Public Records,
lying in Section 24, Township 46 South, Range 42
East.
TOGETHER WITH:
That portion of the Southeast Quarter (SE 1/4) of
Section 13, Township 46 South, Range 42 East, bounded
on the North by State Road 806 (Atlantic Avenue), and
bounded on the West by the Plat of SHERWOOD FOREST
PLAT NO.1, as recorded in Plat Book 62, Page 163,
Palm Beach County Public Records, and bounded on the
East by the East Section Line of Section 13, Township
46 South, Range 42 East, and bounded on the South by
the South Section Line of Section 13, Township 46
South, Range 42 East; LESS the following: The Plat
of ARBORIDGE, as recorded in Plat Book 36, Page 132,
Palm Beach County Public Records; the Plat of THE
FAIRWAYS, as recorded in Plat Book 39, Page 62, Palm
Beach County Public Records; the Plat of THE ESTATES
II, as recorded in Plat Book 39, Page 97, Palm Beach
County Public Records; the Plat of THE ESTATES III,
as recorded in Plat Book 40, Page 64, Palm Beach
County Public Records; the Plat of KRAMER'S PLAT, as
recorded in Plat Book 64, Page 17, Palm Beach County
Public Records; the Plat of GREENSWARD VILLAGE
SUBDIVISION, as recorded in Plat Book 29, Page 186,
Palm Beach County Public Records.
- 2 - Ord. No. 35-94
..
"- - ~.'_._--.- --.
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,_.~--~----- - -~-.- -----. ---,-_.- .~---~
The subject property is generally located on the
south side of Atlantic Avenue, between Military Trail
and" Dover Road (if extended); containing l31.06
acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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. 35-94
I
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CITY OF DELRAY BEACH, FLORIDA
lAK! IDA RCMO .
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CITY LM1'S ---.---
os to OSR CF to os CF to OSR
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SCAI.L I.D. ORD, (# 1.0. ORD, , 1.0, ORO, , I,D, ORO, I
1 34-9-4 6 39-9-4 1 1 #-9-4 18 49-9-4
N 2 3.5-94 7 4.()-94 12 45-94 17 50-94
3 36-9-4 8 41-94 13 48-9-4 18 .51 -94
- 4 37-94 9 42-94 14 47-94 19 .52-9-4
CIIY OF DaJtA'( IKACH. Ft. 5 38-9-4 10 43-94 1.5 ~-94
PI.ANNINC DEPARNENT
-- QGTAL ... /JAIl S'YS'7DI --
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ORDINANCE NO. 36-94
AN-ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS SHERWOOD PARK GOLF COURSE, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM OS (OPEN SPACE)
DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT;
SAID LAND BEING GENERALLY LOCATED ON THE SOUTH SIDE
OF ATLANTIC AVENUE, BETWEEN WHATLEY ROAD AND THE
HAMLET SUBDIVISION; AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned OS (Open Space) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, 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 April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recrea tion) District for the following described property:
Tracts G-3 and G-4, SHERWOOD FOREST PLAT 1 , as
recorded in Plat Book 62, Pages 163 through 168, of
the Public Records of Palm Beach County, Florida
(known as Sherwood Park Golf Course) .
The subject property is generally located on the
south side of Atlantic Avenue, between Whatley Road
and The Hamlet Subdivision; containing 37.31 acres,
more or less.
I d. r
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Section 2. That the Planning Director of said City shall, I
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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
I
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- 2 - Ord. No. 36-94
,
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CllY OF DELRA Y BEACH t FLORIDA
.
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SCALI: 1.0. ORD, * 1,0, ORO. , 1.0. ORO. , 1.0, ORD, ,
1 34-94 6 39-94 1 1 +4-94 16 49-94
N 2 3.5-94 7 4-0-94 12 45-94 17 SO-94
3 36-94 8 41-94 13 46-94 18 51-94
- ... 37-94 9 42-9'- 14 47-94 19 .52-94
CITY OF DElRAY BEACH. Fl 5 38-94 10 43-9'- 1.5 +8-9'-
PI.ANNINQ DEPARNENT
-- DlGfTAL IIA$E IMP $YS"IDI --
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ORDINANCE NO. 37-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS THE DELRAY BEACH MUNICIPAL GOLF COURSE, AS
MORE PARTICULARLY DESCRIBED HEREIN, FROM OS (OPEN
SPACE) DISTRICT TO OSR (OPEN SPACE AND RECREATION)
DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE
SOUTH SIDE OF ATLANTIC AVENUE, EAST OF HOMEWOOD
BOULEVARD; AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned OS (Open Space) District; and
waE REAS , at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, 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 April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
A parcel of land in Section 18 and Section 19,
Township 46 South, Range 43 East, known as the Delray
Beach Municipal Golf Course, more particularly
described as follows:
I
That part of the North Half (N 1/2) of Section 19,
Township 46 South, Range 43 East, lying west of the i
I
west right-of-way line of the E-4 Canal, and east of
the east right-of-way line of Homewood Boulevard;
'i LESS the following: The Plat of FAIRWAYS OF DELRAY,
as recorded in Plat Book 54, Page 160, Palm Beach
I County Public Records; the Plat of HOMEWOOD PARK,
as
recorded in Plat Book 27, Page 81, Palm Beach County
Public Records; the plat of HOMEWOOD PARK REPLAT, as
I
, ~
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.
.
.,- - --
-.. .,--_.._.._----~. --- .-.-
recorded in Plat Book 29, Page l3, Palm Beach County
Public Records; that portion of GOLFVIEW ESTATES as
recorded in Plat Book 24, Page 50, Palm Beach County
Public Records, lying in Section 19, Township 46
South, Range 43 East, Palm Beach County, Florida.
TOGETHER WITH:
That portion of the West Half (W 1/2) of the
Northeast Quarter (NE 1/4) of Section 19, Township 46
South, Range 43 East, lying east of the west
right-of-way line of the E-4 Canal; LESS the
following: The Plat of CONGRESS PARK SOUTH, as
recorded in Plat Book 47, Page 98, Palm Beach County
Public Records.
TOGETHE R WI TH :
That portion of the South Half (S 1/2) of Section 18,
Township 46 South, Range 43 East, lying south of
State Road 806 (Atlantic Avenue), and lying west of
the east right-of-way line of the E-4 Canal, and
lying east of the Plat of GOLFVIEW ESTATES, as
recorded in Plat Book 24, Page 50, Palm Beach County
Public Records; LESS the following: The North 114.91
feet of the West 97 feet.
The subject property is generally located on the
south side of Atlantic Avenue, east of Homewood
Boulevard; containing 147.67 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in !
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a I
whole or part thereof other than the part declared to be invalid. !
I
I
- 2 - Ord. No. 37-94
.
I
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.
MAYOR
I
ATTEST:
City Clerk
First Reading
Second Reading
,
I
,
- 3 - Ord. No. 37-94
.
I
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CITY OF DELRAY BEACH. FLORIDA
L-JO CNCAL
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SCAI.L 1.0. ORD, * 1.0, ORD. * 1.0. ORD. , I,D. ORD, ,
1 34-94 8 39-94 11 44-94 18 49-94
N 2 35-94 7 4-0-94 12 45-94 17 SO-94
3 36-94 8 41-94 13 48-94 18 51-94
4 37-94 9 ""2-94 14 47-94 19 52-94
CIl'Y OF DE1.RAY BEACH, F\. 5 36-904 10 43-94 15 ~-94
PLANNING DEPARNEHT
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ORDINANCE NO. 38-94
AN .ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS BARWICK PARK, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO
OS (OPEN SPACE) DISTRICT; SAID LAND BEING GENERALLY
LOCATED AT THE NORTHEAST CORNER OF LAKE IDA ROAD AND
BARWICK ROAD; AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, 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 April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OS (Open Space) District
for the following described property:
A portion of Section 12, Township 46 South, Range 42
East, more particularly described as follows:
Commencing at the center of said Section 12, Township
46 South, Range 42 East, Palm Beach County, Florida;
thence run South 00 degrees 55' 16" East, 605.91 feet
along the West line of the Southeast Quarter (SE 1/4)
of said Section 12, to a point; thence run North 89
degrees 04' 44" East, 40.00 feet to the Point of
Beginning; thence South 79 degrees 49' 09" East,
189.81 feet to a point; thence run North 89 degrees
04' 44" East, 290.78 feet to a point; thence run
South 39 degrees 00' 15" East, 179.35 feet to a
point; thence run South 55 degrees 15' 56" East,
214.03 feet to a point; thence run South 00 degrees
06' 41" East, 387.53 feet to a point of the
intersection with the north right-of-way line of the
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80.00 foot wide right-of-way for Lake Ida Road;
thence run South 89 degrees 53' 19" West, 591.35 feet
along said right-of-way line to a point; thence run
North 00 degrees 06' 41" West, 125.05 feet to the
point of intersection with a curve concave to the
Northeast, having"a radius of 75.00 feet, a central
angle of 75 degrees 46' 24", and a chord bearing of I
North 38 degrees 48' 28" West; thence run 99.19 feet
along the arc of said curve to a point of tangency;
thence run North 00 degrees 55' 16" West, 14.60 feet
to a point; thence run South 89 degrees 04' 44" West,
110.00 feet to a point; thence run North 00 degrees
55' 16" West, 469.29 feet along a line 40.00 feet
east of and parallel with the west line of said I
I
Southeast Quarter (SE 1/4) to the Point of Beginning i
I
(known as Barwick Park). !
The subject property is generally located at the
northeast corner of Lake Ida Road and Barwick Road;
containing 9.68 acres, more or less.
Section 2. That the Planning Director of said City shall,
I
upon the effective date of this ordinance, amend the Zoning Map of the I
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
I 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.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 38-94
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CITY OF DELRAY BEACH, FLORIDA
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N 2 3~-94 7 4-0-94 12 45-94 17 SO-94
3 36-94 8 41-94 13 46-94 18 51-94
... 37-94 9 42-94 14 47-94 19 52-94
CITY OF llEI.ftAy &EACH. FI.. 5 38-94 10 43-94 1~ 48- 94
PUHNINC DEPARTUENT
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ORDINANCE NO. 39-94
AN -ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS THE CATHERINE STRONG CENTER, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY
FACILITIES) DISTRICT TO OSR (OPEN SPACE AND
RECREATION) DISTRICT; SAID LAND BEING GENERALLY
LOCATED ON THE EAST SIDE OF S.W. 17TH AVENUE, BETWEEN
S. W. 6TH STREET AND S. W. 7TH STREET; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, !
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
! WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend that the
proposed change in zone district not be adopted; and
i
I the City Commission of the City of Delray
WHEREAS, Beach,
Florida, finds that the change is not inconsistent with the
Comprehensive Plan, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
\
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recrea tion) District for the following described property: !
;
, (W 1/2)
The West Half of Lot 18, of the Subdivision
of Section 20, Township 46 South, Range 43 East, as
recorded in Plat Book 1, Page 4, of the Public
Records of Palm Beach County, Florida (known as the
Catherine Strong Center) .
The subject property is generally located on the
east side of S.W. 17th Avenue, between S.W. 6th
Street and S.W. 7th Street; containing 10.00 acres,
more or less.
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Section 2. That the Planning Director of said City shall, i
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
i PASSED AND ADOPTED in regular session on second and final
reading on this the day 0 f , 1994.
I
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1 MAY 0 R
ATTEST: ,
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City Clerk
First Reading
Second Reading
- 2 - Ord. No. 39-94
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CITY OF DELRAY BEACH, FLORIDA
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N 2 35-94 7 4()-94 12 45-94 17 SO-94
3 36-9" 15 41-94 13 46-9" Ie 51-94
4 .37-94 9 "'2-94 14 47-94 19 52-94
CITY OF DELRAY BEACH. Fl 5 36-94 10 4.3-94 15 4-8- 94
PlANNIHQ DEPARNENT
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ORDINANCE NO. 40-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS THE DELRAY BEACH MUNICIPAL CEMETERY, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY
FACILITIES) DISTRICT TO OSR (OPEN SPACE AND
RECREATION) DISTRICT; SAID LAND BEING GENERALLY
LOCATED ON THE WEST SIDE OF S.W. 8TH AVENUE, BETWEEN
S.W. 6TH STREET AND S.W. 10TH STREET; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, ,
AND AN EFFECTIVE DATE. I
I
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, 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 April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
Blocks 1 through 6, inclusive, and Block 17, DELRAY
BEACH CEMETERY, as recorded in Plat Book 24, Page 77,
of the Public Records of Palm Beach County, Florida;
and Blocks 7 through 11, inclusive, REPLAT OF DELRAY
BEACH CEMETERY, as recorded in Plat Book 28, Page 68,
of the Public Records of Palm Beach County, Florida;
and all of the PLAT OF PINE RIDGE CEMETERY UNIT B, as
recorded in Plat Book 31, Page 189, of the Public
Records of Palm Beach County, Florida; and all of the
PLAT OF PINE RIDGE CEMETERY UNIT C, as recorded in
Plat Book 65, Page 11, of the Public Records of Palm
Beach County, Florida; and all of the PLAT OF DELRAY
BEACH CEMETERY REPLAT, as recorded in Plat Book 31,
Page 89, of the Public Records of Palm Beach County,
Florida; and the East Half (E 1/2) of Lot 28,
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Subdivision of Section 20, Township 46 South, Range
43 East, as recorded in Plat Book 1, Page 4, of the
Public Records of Palm Beach County, Florida; and the
East Half (E 1/2) of Lot 26, Subdivision of Section
20, Township 46 South, Range 43 East (less Pine Ridge
Cemetery Unit B at Plat Book 31, Page l89; Pine Ridge
Cemetery Unit C at Plat Book 65, Page 11; and Auburn
Trace at plat Book 64, Page 184), as recorded in Plat
Book 1, Page 4, of the Public Records of Palm Beach
County, Florida (known as the Delray Beach Municipal
Cemetery) .
The subject property is generally located on the
west side of S.W. 8th Avenue, between S.W. 6th Street
and s.w. 10th Street; containing 30.07 acres, more or
less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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
- 2 - Ord. No. 40-94
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N 2 3~-94 7 40-94 12 45-94 17 SO-94
J 36-9~ 8 41-94 13 46-94 liS 51 -94
- .. 37-94 9 42-94 14 47-94 19 52-94
CITY OF DELRAY lKACH. FI. 5 38-94 10 43-94 1~ +6-94
PI..AHNtC DEPARNENT
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ORDINANCE NO. 41-94
AN-ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS POMPEY PARK, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM CF(COMMUNITY FACILITIES) DISTRICT TO
OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND
BEING GENERALLY LOCATED ON THE NORTH SIDE OF N.W. 2ND
STREET, BETWEEN N.W. 10TH AVENUE AND N.W. 13TH
AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, 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 April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ,
,
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
The South Half (S 1/2) of the Southwest Quarter (SW
1/4) of the Northeast Quarter (NE 1/4) of the
I Northwest Quarter (NW 1/4) (less East 25 feet road
right-of-way) of Section 17, Township 46 South, Range
43 East; and the North Half (N 1/2) of the Southwest
Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of
the Northwest Quarter (NW 1/4) of Section 17,
Township 46 South, Range 43 East; and the East Half
(E 1/2) of the Southeast Quarter (SE 1/4) of the
Northwest Quarter (NW 1/4) of the Northwest Quarter
(NW 1/4) of Section 17, Township 46 South, Range 43
East (less West 25 feet, South 25 feet and North 25
feet street right-of-way) (known as Pompey Park) .
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The subject property is generally located the i
on
north side of N.W. 2nd Street, between N.W. 10th
Ave"nue and N. W. 13th Avenue; containing 14.00 acres,
more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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 I
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I
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- 2 - Ord. No. 41-94
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CIIY OF DELRAY BEACH, FLORIDA
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N 2 3.5-94 7 40-94 12 45-94 17 50-94
J 3S-9~ e 41-94 13 48-9~ 1e 51-94
- 4 37-94 9 42-94 14 47-94 19 52-9~
CITY OF OELAAY BEACH. Fl.. 5 38-94 10 43-94 15 48-94
PI.ANNlNC DEPARNENT
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ORDINANCE NO. 42-94
AN. ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS LAKE IDA PARK, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES)
DISTRICT TO OS (OPEN SPACE) DISTRICT; SAID LAND BEING
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
INTERSTATE-95 AND LAKE IDA ROAD; AND AMENDING IIZ0NING
MAP OF DELRAY BEACH, FLORIDA, 199411; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHE REAS , the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
i WHEREAS, at its meeting of April 18, 1994, the Planning and
!
Zoning Board for the City of Delray Beach, 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 April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OS (Open Space) District
for the following described property:
That part of Section 8, Township 46 South, Range 43
East, lying east of Interstate-95 right-of-way, north
of Lake Ida Road, west of Lake Ida, northwest of the
E-4 Canal, and south of Lateral 30, LWOD Canal
(extended) ; and that part of the Southwest Quarter
(SW 1/4) of the Southeast Quarter (SE 1/4) of the
Northwest Quarter (NW 1/4) of the Southwest Quarter
(SW 1/4) lying northwesterly of the west right-of-way
line of the E-4 Canal as in OR 2374, Page 1791, in
Section 8, Township 46 South, Range 43 East; and
Triangular Parcel west of the E-4 Canal lying in the
North Half (N 1/2) of the Northeast Quarter (NE 1/4)
of the Southwest Quarter (SW 1/4) of the Southwest
Quarter (SW 1/4) in Section 8, Township 46 South,
Range 43 East (known as Lake Ida Park) .
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The subject property is generally located at the ;
northeast corner of Interstate-95 and Lake Ida Road;
containing 157.05 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
!
,
Section 3. That all ordinances or parts of ordinances in ,
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this i
i
ordinance or any portion thereof, any paragraph, sentence, or word be I
declared by a court of competent jurisdiction to be invalid, such I
decision shall not affect the validity of the remainder hereof as a ,
whole or part thereof other than the part declared to be invalid.
,
, Section 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.
MAYOR
ATTEST:
,
"
i City Clerk
First Reading
Second Reading
I
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i
!
- 2 - Ord. No. 42-94
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CITY OF DELRAY BEACH, FLORIDA
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1 3.-94 6 39-94 11 44-94 16 49-94
N 2 35-94 7 4-0-94 12 45-94 17 50-94
:5 38-94 8 41-94 13 48-94 1fS 51-94
- 4 37-94 9 42-94 14 47-94 19 52-94
CITY OF DELAAY 8OoCH, F\. 5 38-94 10 43-94 15 ~-94
PI.ANHIHC DEPARNEHT
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ORDINANCE NO. 43-94
AN -ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS LAKE IDA PARK (AT LAKE DRIVE), AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY
FACILITIES) DISTRICT TO OS (OPEN SPACE) DISTRICT;
SAID LAND BEING GENERALLY LOCATED ON THE WEST SIDE OF
LAKE DRIVE, NORTH OF DENVER ROAD; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE. j
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the I
rezoning, based upon positive findings; and
I
WHEREAS, it is appropriate that the Zoning District Map of I
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OS (Open Space) District
for the following described property:
The West Quarter (W 1/4) of Lot 1 as in DB912P40,
according to the Plat of Subdivision of Section 8 on
file in Plat Book 1, Page 4, of the Public Records of
Palm Beach County, Florida, lying east of Lake Ida,
west of Lake Drive, south of N.W. 12th Street, and
north of the centerline of N.W. 11th Street
(extended); known as Lake Ida Park (at Lake Drive).
The subject property is generally located on the
west side of Lake Drive, north of Denver Road;
containing 2.63 acres, more or less.
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Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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
j
I First Reading I
,
"
i
i Second Reading
!
'!
- 2 - Ord. No. 43-94
I
i I
I
, I
CITY OF DELRAY BEACH. FLORIDA
L-JO CNIAl.
IN<! IDA RCW)
NW21T ,
n
! L._,.
I
i ~
SW2ST j
~
i I
8 I ,
i
...
.!,
L-Je CNW.
CIf'Y LMI'I ----- CITY IN ITIA TED REZONINGS
os to OSR CF to os CF to OSR
I wu I
I
SCAIZ 1.0. ORO, (I 1.0. ORO. , 1.0. ORO. , 1.0, ORO, ,
1 34-94 6 39-94 11 44-94 18 49-94
N 2 3.5-94 7 40-94 12 45-94 17 50-94
3 36-94 8 41 -94 13 48-94 18 S 1 -94
4 37-94 9 42-9.4 14 47-94 19 .52-94
CITY OF DELftAy BEACH. Fl 5 38-94 10 43-9.4 1.5 48-94
PI..AHMNC DEPARNENt
-- DlfJlTAL II4SF I/AII $'rS1'DI --
.
.
.
___ __ ____u. ----------.---..-,.
ORDINANCE NO. 44-94
AN-ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS THE BOY SCOUT HUT PROPERTY, AS MORE
i
PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY :
FACILITIES) DISTRICT TO OSR (OPEN SPACE AND I
I
RECREATION) DISTRICT; SAID LAND BEING GENERALLY
LOCATED ON THE NORTH SIDE OF LAKE IDA ROAD, BETWEEN
N.W. 3RD AND 6TH AVENUES (EXTENDED); AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, 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 April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
That part of the East Half (E 1/2) of the South Half
(S 1/2) of Lot 5, Subdivision of Section 8, Township
46 South, Range 43 East, Palm Beach County, Florida,
lying north of Lake Ida Road right-of-way; and the
South Half (S 1/2) of the West Half (W 1/2) of Lot
12, a Subdivision of Section 8, Township 46 South,
Range 43 East, Palm Beach County, Florida (less east
294 feet and south 40 feet) ; known as the Boy Scout
Hut property. I
I
The subject property is generally located on the
north side of Lake Ida Road, between N.W. 3rd and 6th
Avenues (extended) ; containing 5.07 acres, more or
les s .
/;)., Q
I
,
.
.,
._._---_._-~,---- ---
i
Section 2. That the Planning Director of said City shall, I
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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 0 f , 1994.
i
i
!
i
i
MAY 0 R
! ATTEST:
I
City Clerk I
I
I
i
First Reading I
i
Second Reading I
I
I
I
I
- 2 - Ord. No. 44-94
,
" . .
CITY OF DELRAY BEACH. FLORIDA
L-JO CANAl
,
lJ,I(! IDA RCW)
n f
i L_,_
I
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SW2Sl' I
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LINTON IOI.UVMD f
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L-3a CNW.
CllY INITIATED REZONINGS
CITY ~ ---.-
os to OSR CF to os CF to OSR
I wu I
I
SCAI.L 1.0. ORD, , I,D. ORD, , I,D. ORD. I 1.0, ORO, ,
1 34-94 IS 39-94 11 44-94 16 49-94
N 2 35-94 7 4-0-94 12 45-94 17 50-94
3 36-94 8 41-94 13 46-94 18 51-94
- ... 37-94 9 42-94 14 47-94 19 52-94
CITY OF DElRAY BEACH. Fl 5 38-94 10 43-94 15 4-8-94
PI.ANNING DEPARNENT
-- DIOITAL ... IIAI' SYSTDI --
I
~
ORDINANCE NO. 45-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS PIONEER PARK, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO OS
(OPEN SPACE) DISTRICT; SAID LAND BEING GENERALLY
LOCATED NORTH OF S.E. 10TH STREET, WEST OF THE
RAILWAY RIGHT-OF-WAY; AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE i
DATE. I
WHEREAS, the property hereinafter described is shown on the j
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and !
i WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
: reviewed this item and voted unanimously to recommend approval of the
I rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the Zoning District Map of the City of i
Delray Beach, Florida, dated April, 1994, be, and the same is hereby .
amended to reflect a zoning classification of OS (Open Space) District
for the following described property:
The West Half (W 1/2) of Lot 4, West of Railway,
Block 1 (less road right-of-way), Subdivision of
Model Land Company, as recorded in Plat Book 1, Page
128, of the Public Records of Palm Beach County,
, Florida (known as Pioneer Park) .
I The subject property is generally located north of
S.E. lOth Street, west of the Railway right-of-way;
containing 1.5 acres, more or less.
!
i
I~ R
I
-
~,~~- ~...-.._.-
--.----.- ----.---.--.- '-..' - ~---_._,--'- ---'-"'-',---
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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
- 2 - Ord. No. 45-94
I
- .
CITY OF DELRAY BEACH. FLORIDA
L-JO CNW.
.-.-......-.-.-.-.-.......-.-.-.-...
i
i
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! lNCI IDA RCW) .
,
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SW2ST .
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,,-
L-3a CNW. c-15 CNW.
CITY INITIATED REZONINGS
CITY UIITS ---.-
os to OSR CF to os CF to OSR
I t.IU J
I
SCALf 1.0. ORD, , 1.0, ORO, , 1.0. ORD. I 1.0, ORO. I
1 34-94 6 39-94 11 44-94 18 49-94
N 2 3.5-94 7 40-94 12 4.5-94 17 50-94
;s 36-94 8 41-94 13 46-94 18 5' -94
- 4 31-94 9 4.2-94 14 41-94 '9 52-94
CITY OF llE1JtAy BEACH. FL 5 38-94 10 43-94 15 4.8-94
PVlNNIHC DEPAIt'NENT
-- DIl1f1'AL /lASE IIAI' S'r$1DI --
.
-
ORDINANCE NO. 46-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS MERRITT PARK, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO
OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND
BEING GENERALLY LOCATED ON THE NORTH SIDE OF S.W. 4TH
STREET, BETWEEN S.W. 2ND AND 3RD AVENUES; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE. I
I
!
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
I Zoning Board for the City of Delray Beach, as Local Planning Agency,
i reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
I !
,
j WHEREAS, it is appropriate that the Zoning District Map of ,
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City !
of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
All of Block 48, TOWN OF DELRAY, as recorded in Plat
Book 1, Page 3, of the Public Records of Palm Beach
County, Florida (known as Merritt Park) . I
,
The subject property is generally located on the
north side of S.W. 4th Street, between S.W. 2nd and I
3rd Avenues; containing 3.97 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
/~ S
.
-"- _. ..,,- ....-.,-. -. .-,-< .. ~_~A._
- --"',----".,,"-'-- ....._._----...~_._,.,._-'---.--_.-- --- +--_.. -.-
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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
- 2 - Ord. No. 46-94
,
I
- -
CITY OF DELRAY BEACH. FLORIDA
L-JO CNW.
,
IN(! IDA RCWl ,
,
SW2ST 1
i
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z f
8
r"-'
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101
L~ CNW. C-la CNW.
CITY IN ITIA TED REZONINGS
CITY LUIS -----
os to OSR CF to os CF to OSR
I WI..[ I
I
SCAI.L 1.0. ORD, /I to, ORD. Ii LO, ORD, , I,D, ORD. I
1 34-9~ 6 39-9~ 11 44-9~ 18 49-9~
N 2 35-94 7 4-0-94 12 ~5-94 17 SO-94
3 36-9~ 8 41 -94 13 415-9~ 18 51 -94
4 37-94 9 ~2-94 14 47-84 19 52-9~
CITY OF !lELAAY BEACH, F1. 5 38-9~ 10 43-94 15 4-8-94
Pl.ANNNC DEPARNENT
-- DKn'AL .. ""' S'tS1DI --
.
,
.
ORDINANCE NO. 47-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS VETERANS PARK, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES)
DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT;
SAID LAND BEING GENERALLY LOCATED AT THE NORTHWEST
CORNER OF ATLANTIC AVENUE AND THE INTRACOASTAL
WATERWAY; AND AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, 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 April, 1994, be amended to
I reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
All of Block 132, TOWN OF DELRAY, as recorded in Plat
Book 1, Page 3, of the Public Records of Palm Beach
County, Florida (known as Veterans Park) .
The subject property is generally located at the
northwest corner of Atlantic Avenue and the
Intracoastal Waterway; containing 3.512 acres, more
or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
/~ T
.
-
Section 3. That all ordinances or parts 0~ (rdinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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
- 2 - Ord. No. 47-94
,
. . -
CIIY OF DELRAY BEACH, FLORIDA
L-JO CANAl
._.-...__._.-._._.~._._._._.-....
lNCI IDA R(W) ,
,
1
SW2IT ,
i
~
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B , f
.-.-
I (.,-,
"
I
...
L-Je CNW. C-1a CNW.
CITY IN ITIA TED REZONINGS
QTY LM1'S ---.-
os to OSR CF to os CF to OSR
I wu I
I
SCALf 1.0. ORD, * 1.0. ORD, , 1.0, ORO. , I,D, ORD, ,
1 34-9<4 6 39-9<4 11 +4-9<4 16 49-9<4
N 2 3.5-94 7 4-0-94 12 45-94 17 SO-94
3 36-94 8 41-94 13 46-&4 18 .5 1 -94
" 37-94 9 42-94 14 47-94 19 .52-94
CITY OF DEl.RAY lKJ\CH. F1.. 5 38-94 10 43-94 1.5 48- 94
PI.ANHINC OEPARNENT
-- DKkrAL ... IMP S"tS1DI --
,
.. ....,._,._-_._...._,------_.,~
I
48-94 I
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS CURRIE COMMONS, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES)
DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT;
SAID LAND BEING GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF S.E. 7TH STREET AND S.E. 2ND AVENUE; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, ;
AND AN EFFECTIVE DATE. i
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, 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 April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE j
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
All of Currie Common, according to the Plat of
Osceola Park, as recorded in Plat Book 3, Page 2, of
the Public Records of Palm Beach County, Florida
(known as Currie Commons) .
The subject property is generally located at the
southwest corner of S.E. 7th Street and S.E. 2nd
Avenue; containing 3.11 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with 'the provisions of
Section 1 hereof.
/~ U
I
,
,.~_._._-_.._- ..'-.
Section 3. That all ordinances or parts of ordinances in I
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a I
, whole or part thereof other than the part declared to be invalid. I
I ,
I
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading. I
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAY 0 R
ATTEST:
,
,
!
City Clerk \
i
First Reading
Second Reading
I
j
I
- 2 - Ord. No. 48-94 I
I
I I
\ I
,
CITY OF DELRAY BEACH, FLORIDA
L-JO CNW.
._._-_._._._._.~._._._._.-..
l.'iK! lOA RO.\I)
SW2Sf
~
~
---- I
I
1'\
I
III
L.-3a CNW. C-15 CNW.
CllY INITIATED REZONINGS
CITY LUI'S ---.-
os to OSR CF to os CF to OSR
I WILf I
I
SCML 1.0, ORD. * 1.0. ORD. , 1.0. DRD, I I,D. ORD, I
1 34-94 6 39-94 11 44-94 16 49-94
N 2 3.5-94 7 40-84 12 45-84 17 50-94
3 36-9<4- 8 41-94 13 46-94 lIS 51-94
- 4 37-94 9 42-94 14 47-94 19 52-94
CITY OF DElRAY BEACH, FL 5 38-9<4- 10 43-94 1.5 48-94
PI.AHNINC DEPARNENT
-- OOT'AL ..... IIAI' S'l'S'l'Df --
.
--<-_._.__._. ---
,
ORDINANCE NO. 49-94 :
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS KNOWLES PARK, AS MORE PARTICULARLY DESCRIBED I
HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO OS
(OPEN SPACE) DISTRICT; SAID LAND BEING GENERALLY
LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO.1, SOUTH
OF S.E. 10TH STREET (EXTENDED); AND AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
i GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, 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 April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
i
Section 1. That the Zoning District Map of the City of i
Delray Beach, Florida, dated April, 1994, be, and the same is hereby I
amended to reflect a zoning classification of OS (Open Space) District I
for the following described property:
The West Half (W 1/2) of Lot 9, Subdivision of Model
Land Company (Less the North 100 feet of the East
219.07 feet) and Lot 25 lying east of U.S. Highway i
No.1, north of Block 2, as recorded in Plat Book 1, I
Page 128, of the Public Records of Palm Beach County,
Florida (known as Knowles Park). I
The subject property is generally located on the east
side of U.S. Highway No.1, south of S.E. 10th Street
(extended); containing 2.60 acres, more or less.
i
I~ Y
I
,
.
" ~ - ... --- ...
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
I 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.
i
I
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 49-94
.
. ,
CITY OF DELRAY BEACH, FLORIDA
L-JO CANAl
.-.---...-.-.-.-.......-.-.... ...
~ IDA RCMO ,
SW21T
~
I
; I
r"-'
..,-
I i
"
I
III
..-...
L-3a CNW.
CITY IN ITIA TED REZONINGS
aT'Y LMTS ----.-
os to OSR CF to os CF to OSR
I wu: I
I
SCALL I.D. ORD. f# 1.0. ORD, * I,D, DRD. , 1,0, DRO, I
1 34-9-4 6 39-94 11 +4-94 18 49-9-4
N 2 35-94 7 4-0-94 12 45-94 17 SO-94
3 38-9-4 8 41-94 13 48-9" 18 51-94
4 37-94 9 42-94 14 47-94 19 52-9'-
CITY OF llELRAY BEACH. F1.. 5 38-94 10 43-94 15 48-94
PUHNlNC DEPARNENT
-- DIf111"AL arc IMP S'YS7DI --
,
ORDINANCE NO. 50-94 \
AN-ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS MILLER PARK, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO
OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND
BEING GENERALLY LOCATED SOUTH OF LINTON BOULEVARD,
WEST OF THE FEC RAILWAY; AND AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE. I
I
WHEREAS, the property hereinafter described is shown on the !
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and I
,
: !
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency, I
reviewed this item and voted unanimously to recommend approval of the i
i rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of i
the City of Delray Beach, Florida, dated April, 1994, be amended to I
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I
1
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property: I
i
Lot 5, West of Railway, Subdivision of Section 29,
Township 46 South, Range 43 East, as recorded in Plat
Book 1, Page 4, of the Public Records of Palm Beach
County, Florida; and Lot 6 lying West of Railway
(less the westerly 60 feet of the southerly 60 feet I
I
road right-of-way) as recorded in Plat Book 1, Page
4, of the Public Records of Palm Beach County,
Florida (known as Miller Park) .
The subject property is generally located south of
Linton Boulevard, west of the FEC Railway; containing
21.67 acres, more or less.
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Section 2. That the Planning Director of said City shall, I
I
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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.
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MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 50-94
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CITY OF DELRAY BEACH. FLORIDA
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1 34-IH IS 39-114 11 +4-94 16 411-94
N 2 35-94 7 4-0-94 12 45-94 17 50-94
3 38-94 8 41-94 13 +6-94 18 51 -94
- 4 37-94 9 "'2-94 14 47-94 19 52-94
CITY OF DE1.RAY &EACH. Ft. 5 38-94 10 43-94 15 4-8-94
PLANNlNC OEPARNENT
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ORDINANCE NO. 51-94
AN .ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS THE BUCKY DENT BASEBALL SCHOOL, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY
FACILITIES) DISTRICT TO OSR (OPEN SPACE AND
RECREATION) DISTRICT; SAID LAND BEING GENERALLY
LOCATED SOUTH OF LINTON BOULEVARD, WEST OF THE FEC
RAILWAY AND IMMEDIATELY SOUTH OF MILLER PARK; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE. ,
1
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend that the
proposed change in zone district not be adopted; and i
!
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the change is not inconsistent with the
Comprehensive Plan, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
All of the FALLS OF DELRAY PLAT as recorded in Plat
Book 46, Page 148, of the Public Records of Palm
Beach County, Florida (known as the Bucky Dent
Baseball School).
The subject property is generally located south of
Linton Boulevard, west of the FEC Railway and
immediately south of Miller Park; containing 3.00
acres, more or less.
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Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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
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- 2 - Ord. No. 51-94
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CITY OF DELRAY BEACH. FLORIDA
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N 2 3:1-94 7 4-0-94 12 4-5-94 17 50-94
3 36-9-4 8 41-94 13 48-94 18 :11-94
- 4 37-94 9 4-2-94 14 47-94 19 :12-94
CITY OF DELRAY BEACH. FL 5 38-94 10 43-94 1:1 4-8-94
PI..AHNlHC DEPARNDIT
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ORDINANCE NO. 52-94 !
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS THE PARK ADJACENT TO SCHOOL SITE S-2, AS
MORE PARTICULARLY DESCRIBED HEREIN, FROM CF
(COMMUNITY FACILITIES) DISTRICT TO OSR (OPEN SPACE
AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY
LOCATED SOUTH OF GERMANTOWN ROAD, WEST OF FOXE CHASE
SUBDIVISION; AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, 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 April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
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' 27" East, 150.00
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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 (known as the
Park adjacent to School Site S-2).
The subject property is generally located south of
Germantown Road, west of Foxe Chase Subdivision;
containing 5.93 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective 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 I
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First Reading i
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Second Reading I
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- 2 - Ord. No. 52-94
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CITY OF DELRAY BEACH. FLORIDA
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1 34-1)4 6 39-1)4 1 1 44- 1)4 18 41)-1)4
N 2 35-94 7 40-94 12 45-94 17 50-94
3 36-94 8 41-94 13 46-1)4 18 51 -94
4 37-94 9 42-94 14 47-1)4 19 52-94
CITY OF DELRAY BEACH. FI. 5 38-94 10 43-94 15 48-94
PI..ANNINC DEPARNENT
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f1V\
SUBJECT: AGENDA ITEM # / ~ 2 - MEETING OF JUNE 7, 1994
FIRST READING FOR ORDINANCE NO. 53-94/REPEALING LDR
SECTION 4.6.4(E)
DATE: JUNE 2, 1994
This is first reading for Ordinance No. 53-94 which amends Section
4.6.4, "Special District Boundary Treatment", of the Land
Development Regulations by repealing Subsection 4.6.4(E),
"Community Facilities Zoning Adjacent to Residential Zoning".
As noted in the staff report, this LDR Section requires specific
boundary treatment whenever CF zoning is adjacent to residential
zoning. This has sometimes proven to be excessive. The proposed
amendment eliminates these specific requirements and replaces them
with the more flexible guidelines contained in the amendment to the
CF district itself.
The Planning and Zoning Board formally reviewed this item on April
18, 1994, and forwarded it to the Commission with a unanimous
recommendation of approval.
Recommend approval of Ordinance No. 53-94 on first reading. If
passed, public hearing on June 21, 1994.
p~ :)/0
ref:agmemo17
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
(1~ ~
FROM: DIANE DOMINGUEZ.. ': ~ 'J ~
DIRECTOR OF PLANNING & ZONING '.
SUBJECT: MEETING OF JUNE 7, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment deleting LDR Section 4.6.4 (E) ,
Community Facilities Zoninq Adjacent to Residential Zoninq.
B A C K G R 0 U N D:
The LOR section that is the subject of the attached ordinance,
4.6.4, provides specific regulations for the treatment of
boundaries between residential and nonresidential districts.
Currently, 4.6.4(E) requires that whenever CF zoning is adjacent
to a residential zone, a landscaped setback of 15' (or 10' and a
wall or hedge) is to be provided. In some instances this
requirement has proven to be excessive, as many of the uses
zoned CF (day care centers, churches, etc.) are quite compatible
with residential neighborhoods. This amendment would delete
these specific requirements. A related amendment to the CF
district itself will replace these requirements with a more
flexible guideline for the treatment of these boundary areas.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 18, 1994, along with the changes being made to
the CF district regulations. There was no public testimony
regarding this amendment. The Board voted 7-0 to recommend
approval of the amendment.
R E COM MEN D E D ACT ION:
By motion, approve the attached ordinance deleting LDR Section
4.6.4(E) in its entirety.
Attachment:
* Ordinance by others
T:CC464.DOC
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ORDINANCE NO. 53-94
AN ORDINANCE OF TaE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.4, "SPECIAL
DISTRICT BOUNDARY TREATMENT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF OELRAY BEACH, FLORIDA, BY
REPEALING SUBSECTION 4.6.4(E), "COMMUNITY FACILITIES
ZONING ADJACENT TO RESIDENTIAL ZONING" , IN ITS
ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of April 18,
1994, and has forwarded the change with a unanimous recommendation of
approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is not inconsistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.4, "Special
District Boundary Treatment", of the Land Development Regulations of
the City of Oelray Beach, Florida, be, and the same is hereby amended
by repealing Subsection 4.6.4(E) , "Community Facilities Zoning
Adjacent to Residential Zoning", in its entirety.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
,
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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
- 2 - Ord. No. 53-94
I