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08-24-93 Regular .. - .. DEl!lAY BEACH , 1. O. 0" CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING , . AUGUST 24. 1993 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. COMMISSION CHAMBERS 1993 The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by' the City. Please contact Doug Randolph, (407) 243-7127, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and off i.cial action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less (10 minutes for group presentations). The Mayor or presiding officer has descretion 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 members present. 4 City Commission Regular Meeting 8/24/93 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or 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 August 3, 1993 Regular Meeting of August 10, 1993 6. Proclamations: A. I Have a Dream Week - August 23 through 28, 1993 B. Sickle Cell Disease Month - September, 1933 C. City of Pulaski, Tennessee Week - September 5 through 11 , 1993 D. The National Council of Jewish Women's Day of the Working Parent - September 9, 1993 7. Presentations: A. U.S. Representative E. Clay Shaw , B. Florida League of Cities Certificate of Appreciation for the City of Delray Beach's Participation in the 1993 City Innovations Showcase. 8. Consent Agenda: City Manager recommends approval. A. INITIATION OF ANNEXATION: Authorize staff to initiate annexation action for Discount Auto Parts, Delray Medical Center and Sunset Pine Condominiums, located on the north side of West Atlantic Avenue between Barwick Road and Military Trail, with initial municipal zoning of NC (Neighborhood Commercial), POD (Planned Office District) and RM (Medium-Density Residential), respectively. B. INTEGRITY LEADERSHIP TRAINING: Approve the expenditure of $12,880 from the Federal Forfeiture Assets Fund (Account No. -2- .. City Commission . Regular Meeting 8/24/93 115-2112-521-49.90) for Integrity Leadership Training for all Police Department employees. C. AMENDMENT TO INTERLOCAL AGREEMENT WITH LAKE WORTH DRAINAGE DISTRICT: Approve the amendment to theinterlocal agreement with the Lake Worth Drainage District which extends the time by which the City Tennis Center will annex into the District until July 21, 1994. D. APPROVAL OF RIGHT-OF-ENTRY AND LICENSE AGREEMENTS: Approve right-of-entry and license agreements with property owners in conjunction with utility construction east of the Intracoastal Waterway. E. WAIVER OF BOND REOUIREMENTS/POMPEY PARK AND COMMUNITY CENTER PROJECTS: Waive the bond requirement for Hoffman Airconditioning Company in conjunction with the Pompey Park/Community Center projects. F. RESOLUTION NO. 75-93: A resolution assessing the costs for abatement action required to board up an unsafe structure at 34 N.W. 3rd Avenue. G. RESOLUTION NO. 76-93: A resolution assessing the costs for abatement action required to remove nuisances from 25 properties located within the City. H. RESOLUTION NO. 78-93: A resolution assessing the costs for abatement action required to remove nuisances from eight ( 8 ) properties located within the City. I. AWARD OF BIDS AND CONTRACTS: 1. Radio System - Highland Beach Fire Station - Motorola Communications and Electronics, Inc. in the amount of $15,150.31 with funding from Special Project Fund - Other Machines/Equipment (Account No. 115-2313-522-64.90) . 2. Demolition of Old Central Fire Station - Cobra Clearing Corporation in the amount of $11,500 with funding from 1992 Bond Anticipation Note - Central Fire Station (Account No. 227-2311-522-61.56). 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 August 9, 1993 through August 20, 1993. B. RECOMMENDATION TO PALM BEACH COUNTY BOARD OF COMMISSIONERS: Consider requesting that the Palm Beach County Board of County Commissioners deny a rezoning and conditional use petition which would allow a communication tower on property situated in the City's Planning and Service Area (Country Manor) . Planning and Zoning Board recommends approval. -3- ,. ',I'I>, City Commission Regular Meeting 8/24/93 v'C. REOUEST FOR CONDITIONAL USE APPROVAL: Consider a request for conditional use approval to establish a lumberyard (Causeway Lumber Company) , on the north side of West Atlantic Avenue, between Congress Avenue and the E-4 Canal, in the MIC (Mixed Industrial/Commercial) zone district. Planning and Zoning Board recommends approval, subject to conditions. JD. BENCHES AND TRASH RECEPTACLES IN THE DOWNTOWN AREA: Consider assuming maintenance responsibility for benches and trash receptacles in the Downtown area. /E. DECADE OF EXCELLENCE BONDS - SECOND ISSUE: Consider whether the Second Issue of the Decade of Excellence Bonds will be sold by competitive or negotiated bid process. fi. SURVEY RESPONSE REGARDING BOUNDARIES OF OUR REGIONAL PLANNING COUNCIL: Consider staff's response to the survey distributed by the Growth Management and Strategic Planning Unit of the Office of the Governor with regard to the boundaries of the Regional Planning Councils. A. CHANGE ORDER NO. 4 AND REOUEST FOR FINAL PAYMENT/JACK HARDY: Consider a change order in the net add amount OJ $39,008.80 and request for final payment in the amount of $39, 08.80 from Jack Hardy for completion of the Alleyway Reconstruction Phase I project; with funding from Renewal and Replacement Manhole Rehabilitation (Account No. 442-5178-536-61.84) . jH. RELOCATION OF TRAFFIC SIGNAL/N.W. 5TH AVENUE: Consider Palm Beach County's proposal to relocate the traffic signal located on the northwest corner of N.W. 5th Avenue at a cost of $14,000; with funding from 1992 Bond Anticipation Note - Central Fire Station (Account No. 227-2311-522-61.56). Jr. APPOINTMENT TO THE OCCUPATIONAL LICENSE EOUITY STUDY COMMISSION: Appoint one member to the Equity Study Commission. j J. SOUTH COUNTY FORUM STEERING COMMITTEE: Consider appointing two Commissioner members to serve as primary and alternate members on the South County Forum Steering Committee. .j r. SE-S AOD'tnOlU)) - 10. Public Hearings: v0' ORDINANCE NO. 49-93: An ordinance amending the Code of Ordinances relative to Occupational Licenses. vi. RESOLUTION NO. 77-93: A resolution adopting the rates and non-ad valorem assessment roll for annual stormwater management assessments. 11.jComments and Inquiries on 'Non-Agenda Items from the Public-Immediately following Public Hearings. JA. City Manager's response to prior public comments and ~nqUirieS . . B. From the Public. -4- ,. ',I'" ,. r . City Commission Regular Meeting 8/24/93 12. First Readings: A. ORDINANCE NO. 50-93: An ordinance rezoning land presently zoned RM (Multiple Family Residential - Medium Density) to PRD (Planned Residential Development);' said land being a portion of Tracts A and B, Lago Del Rey and a portion of the Plat of Lago Del Rey, Plat II A. Planning and Zoning Board recommends approval. If passed public hearing September 14th. B. ORDINANCE NO. 51-93: An ordinance amending Land Development Regulations Section 4.4.13 (D) to add "wash establishment or facilities for vehicles" as a conditional use in the CBD (Central Business District) zoning district. Planning and Zoning Board recommends denial. If passed public hearing September 14th. C. ORDINANCE NO. 52-93: An ordinance adopting Plan Amendment 93-1. Planning and Zoning Board recommends approval, subject to conditions. If passed public hearing September 14th. D. ORDINANCE NO. 53-93: An ordinance adopting the new Official Zoning. Map. Planning and Zoning Board recommends approval. If passed public hearing September 14th. E. ORDINANCE NO. 54-93: An ordinance amending the Land Development Regulations by amending Section 4.4.21 "Community Facilities (CF) District", Subsection (B) to add "Cemeteries" as a principal use; and by amending Section 4.4.22, "Open Space (OS) District", to delete "Cemeteries" as a principal use. Planning and Zoning Board recommends approval. If passed public hearing September 14th. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -S- Ilt ',11 ,.' .. . . . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION DELRAY BEACH , l 0 . I D .- REGULAR MEETING - AUGUST 24. 1993 - 6:00 P.M. , PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS 1993 AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: K. REHABILITATION OF LAWN BOWLING COURT/VETERANS PARK: Consider awarding the bid for rehabilitation of the Lawn Bowling Court at Veterans Park to Dutch Construction Company, via Change Order No. 3, in the amount of $10,210.71 with funding from 1992 Bond Anticipation Note - Veterans Park Redevelopment (Account No. 227-4126-572-61.63). '. ., , , . PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: ~~AITY MANAGER VIA: '\.. VI KOV 1?~~ECTOR DIANE DOMINGUEZ, PRINCIPAL PLANNE~v\JL FROM: SUBJECT: SITE PLAN MODIFICATION FOR PHOENIX RESTAURANT DATE: AUGUST 18, 1993 As you are aware, there are two items scheduled for the August 24th City Commission meeting which relate to the proposed modifications to the Phoenix Restaurant: the appeal of the site plan, and consideration of the request to accept an in-lieu fee for the required parking. We have been informed by architect George Brewer, who is the agent for the project, that the owner would like to withdraw the petition as it currently stands (see attached letter) . Mr. Brewer has indicated that the project is being scaled down, therefore, the plan as submitted will not be implemented. Thus, the related items can be withdrawn from City Commission consideration at this time. /dd c: Allison Harty, City Clerk ~& C15P'f pc I g/811/<13 ~ uJ ~ ~~ r ~ " . - ........ ....- -- .~ ~ ......i.I . B.40ESIGNS ARCHITECTURE. SPACE PlANNING GEORGE BREWER . 204 N.W. 9TH STREET DELRAY BCH, FL 33444 . '-407-272-7301 August 17,1993 Jeff Perkins Planning and Zoning Department City of Delray Beach 100 N.W. 1st. Avenue Delray Beach, FL 33444 RE: Minor site plan modification for 6 South Ocean Blvd. Dear Jeff: As per our telephone conversation, My client regrettably request to have our application withdrawn from consideration. I'll be in touch with you in the near future to inform you of our progress and design changes. Ge ge Brewer Project Architect .. .. - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS 1 FROM: CITY MANAGER (r ! SUBJECT: AGENDA ITEM it q 0.. - MEETING OF AUGUST 10. 1993 IN-LIEU OF PARKING FEE/PHOENIX RESTAURANT AND BAR DATE: August 6, 1993 We have received a request from the Phoenix Restaurant and Bar, located at 6 S. Ocean Boulevard, to pay the in-lieu of parking fee rather than provide the additional parking spaces required as a result of their planned building expansion. In the Central Business District parking is to be provided at the rate of one space per 300 square feet of new floor area. The Phoenix would be required to provide approximately seven parking spaces. Land Development Regulations Section 4.4.13 (G) (1) (C) allows the payment of an in-lieu of fee of $2,500 per required space, upon approval by the Commission. Because of the extremely limited site area, no parking can be provided on the sitej therefore staff recommends approval of the request to pay the in-lieu of fee. Recommend approval of the payment of the in-lieu of parking fee in the amount of $17,500 from the Phoenix Restaurant and Bar in conjunction with their planned building expansion. .~ p~ ~ r:: yiv ~ ;!~ ~r p~ td ryrJ opp1 ()pJ (JI ~/ ~) .. ,. . ~.~ ,U-,t \ C I T Y COM MIS S ION DOC U MEN TAT ION /' TO: /' DAVID T. HARDEN, CITY MANAGER ( \ , '\ \' j\/' \ /. - \ " ,~- \ l" , I ,_:-' '- ~ ~'"'- \......J : ~'/ THRU: DAVID J. KOvAcs, DIRECTOR--- D~P~RTMEN~ OF pANNING AND ZO, NING ~ -~4/~~ . FROM: / .1Ef?I:E6'iNS, ASSISTANT PLANNER SUBJECT: MEETING OF AUGUST 10, 1993 APPROVAL OF PAYMENT OF $17,500 FEE, IN-LIEU-OF REQUIRED PARKING FOR THE EXPANSION OF THE PHOENIX, 6 S. OCEAN BOULEVARD. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of payment of $17,500 in-lieu of providing the required parking for a proposed expansion of a business in the CBD (Central Business District), pursuant to LDR Section 4.4.13(G) (1) (c). The subject property is the Phoenix Restaurant and Bar, located at 6 S. Ocean Boulevard. It is located south of Atlantic Avenue, on the west side of Ocean Boulevard. BACKGROUND: The subject property is an existing restaurant and lounge, located at 6 S. Ocean Boulevard. The current development proposal is an expansion of the existing restaurant incorporating the following: * Addition of 1,898 square feet of building area in the form of a 1,299 square foot mezzanine and the addition * of 538 square feet of floor area to the rear of the structure, and the expansion of the outdoor dining area by 6l square feet. * Raising the roof of the structure from l4' to 27' (30' to the top of the parapet) to accommodate the mezzanine addition. * Change of elevations, incorporating a concrete facade with aluminum awning structures and a decorative railing around the outside dining area. " City Commission Documentation In-lieu-of fee - 6 S. Ocean Boulevard Page 2 In the CBD (Central Business District), parking is to be provided at the rate of 1 space/300 square feet of new floor area) . Because of the extremely limited site area, no parking can be provided on the site. LDR Section 4.4.l3(G)(1)(c) allows the payment of an in-lieu-of fee of $2,500 per required space, with City Commission approval. In order to meet parking requirements the applicant is petitioning the Commission for approval of payment of the fee, in-lieu-of required parking for the current development proposal. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: SPRAB considered this item at its meeting of July 28, 1993. The Board voted 6-1 to approve the site plan modification and 4-3 to approve the elevations. RECOMMENDED ACTION: By motion, approve, acceptance of payment of $17,500 in-lieu of required parking for the expansion of ' the building at 6 S. Ocean Boulevard. Attachments: * Location Map * See Documentation for "Approval of a Landscape Waiver for the expansion of the Phoenix..." for reductions of the site plan and elevations. - '. '. - . .' . J I ~~ T I - , lilli/II j / I T I I ~I u! """""l I HI ;z j " 1- THO&,lAS STREET J J 1 f--- I-- I-- I ~ ~ I--- ~ ~ f--- < .Sf r w fll h :>~ f-- ~~ 11= - r-- 0 >- 2: LOWRY STREET < I I ~ I-- Jll I -/ 1 3: I--- ~" a: -...: ~ ~ I ~'"""" r-- lAJ f--- ~ ~ ~ c < I ~ tj~ ~ < 3: r-- If-- ~J / ..........- ~~ h J J rm n- h J An.ANllC A VENUE .'~ 2 I I J rn .rrrm l&J n~ <( lLJ L.. r-- - --- --- )... () - ~ ~ ~" - --- --- I I - --- --- 0 - f-- f-- J I ~~ ~ -----. ! ~ C ....J I FI () I 'I < - .... .I I 7 ~, T f> f- en < Z - ...J 0 ;:) <{ I u J 0 -J I- < en f- a: U ~ J ~ r r-- <{ 2: j Z - - I OCEAN TERR. I~ j I-- I-- - I-- I--- ~ ~ 0 - 1 J J" Ids Alu .1 ~ J j ~ ~~ I I I T THE PHOENIX I S1EET " . ~ [IT' DF DElRA' BEA[H 100 "L "/:J. 1 s;: A\j E .,-,~ l; ~:- . U:'~:...r4..;"/ b~':\;,_:"i ~_~_:'. 0~\ ~:';~.:.: . ..: ~ :'. 24,l .~ :j~1C) ~ ...-..~-...---' ij-- August 16, 1993 Mr. George ~rewer B-4 Designs 204 NW 9th Street Delray Beach, FL 33444 Re: Minor site plan modification for the Phoenix, 6 S. Ocean Boulevard, Delray Beach. Dear Mr. Brewer: The following information is provided to you as designated agent for the above referenced project. The site plan modification and elevations were approved, with conditions by the Site Plan Review and Appearance Board (SPRAB) at its meeting of July 28, 1993. However, all decisions of the Board can be appealed to the City Commission. The Board's approval of the Phoenix expansion has been appealed by the City Commission. The appeal is scheduled for action at the August 24th Commission meeting. The meeting begins at 6:00 and is held in the City Commission Chambers, Delray Beach City Hall. If you require further information, feel free to contact me at 243-7325. Sincerely, ~(~' -- J f kkins ssistant Planner I I c: Project File I - n 11~~.. ~~...... ",...JQ",... ....._ _~ . 11.~ II _1.[,. David J. Kovacs, Director, Planning and Zoning Department T ;-, - E;- i ";:, f'J... i\'1 " .. '. . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fflJ1 SUBJECT: AGENDA ITEM;' 9~ - MEETING OF AUGUST 10. 1993 REPORT OF APPEALABLE LAND USE ITEMS DATE: August 6, 1993 This item is before you for acceptance of the report of decisions made by the various development related boards during the period July 26, 1993 through August 6, 1993. The following actions were considered during this reporting period: The Planning and Zoning Board did not hold a regular business meeting during this reporting period. Site Plan Review and Appearance Board: -Approved (5-2 vote) the architectural elevation plan (neon light and awning addition) for Abbey Road Grill. -Approved the architectural elevation plan (color change) for Seta Corporation. -Approved the landscape plan to allow a dumpster enclosure in conjunction with a multi-family development (Wright By the Sea). -Approved the architectural elevation plan (color change) Chevron Gasoline Station. . -Approved the architectural elevation plan (color change) for Boca Rey Plaza. -Approved (5-2 vote) the architectural elevation plan (color change) for Mr. Shifter's Attic. -Approved the architectural elevation plan (color change) for Terrapin Station. -Approved the architectural elevation plan (temporary order ~ kiosk) for McDonalds. -Approved (6-1 vote) a minor modification for Phoenix Restaurant; approved (4-3 vote) the architectural elevation plan; ~f~' and recommended approval of a waiver request to eliminate bH I~ foundation plantings. I 3-APproved a minor site plan modification, architectural elevation 1(j.1./ q and landscape plans for Guiding Light. 1P g -Approved the architectural elevation and landscape plans for Calvary Baptist Church. Historic Preservation Board: -Granted a Certificate of Appropriateness to allow exterior design modifications at 303 N. Swinton Avenue. A detailed staff report is attached as backup material for this item. '. '. . C'I{ rY] C I T Y COM MIS SI 0 N DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: Q~~ DEPARTMENT OF PLANNING AND ZONING !.tofrU^- a/!tr, FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF AUGUST lO, 1993 REPORT OF APPEALABLE LAND USE ITEMS JULY 26, 1993 THRU AUGUST 6, 1993 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of July 26, 1993, through August 6, 1993. 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 lO day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it pro v ides tha t the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1- The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. '. . City Commisison Documentation Report of Appealable Land Use Items July 26, 1993 thru August 6, 1993 Page 2 PLANNING AND ZONING BOARD MEETING (No Regular Business Meetinq was held durinq this period) SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JULY 28, 1993 1- Approved the architectural elevation plan (addition of neon lighting to an awning) for Abbey Road Grill, located within the Linton International Plaza at Linton Boulevard and S.W. 10th Avenue (Vote 5 to 2). 2. Approved the architectural elevation plan (color change) for Seta Corporation, located on the east side of Congress Avenue wi thin the Lembo Lupo Park ,of Commerce (Vote 7 to 0) . 3. Approved the landscape plan to allow a dumpster enclosure associated with a multi-family development Wright By the Sea, located on the east side of A-I-A, south of Linton Boulevard (Vote 6 to 0). 4. Approved the architectural elevation plan (color change) for Chevron Gasoline Station, located at the northeast corner of Atlantic Avenue and Congress Avenue (Vote 7 to 0) . 5. Approved the architectural elevation (color change) for Boca Rey Plaza, located at the southeast corner of Military Trail and Linton Boulevard (Vote 7 to 0). 6. Approved the architectural elevation (color change) for Mr.Shifter's Attic, located at the southwest corner of NE 6th Avenue and 2nd Street (Vote 5 to 2). 7 . Approved the architectural elevation plan (color change) for Terrapin Station, located on the east side of Federal Highway, south of Gulfstream Boulevard (Vote 7 to 0). 8. Approved architectural elevation plan (for a temporary order kiosk to be used at the drive-up window) for McDonald's located within the Delray Crossings Shopping Center at Linton Boulevard and Waterford Place (vote 7 to 0) . 9. Approved a minor site plan modification on a 6 to 1 vote for Phoenix Restaurant associated with the addition a of 1 , 898 sq. ft. of building area in the form of a 1,299 square foot mezzanine and the addition of 538 square feet of floor area to the rear of the structure. Also, the development proposal involves the expansion of the outdoor dining area by 6l square feet, raising the roof of the structure from l4' to 27' and changing the elevations by incorporating a concrete facade with aluminum awning structures and a decorative railing. The Board approved the architectural elevation plan on a 4 to 3 vote (LaSalle, Talbot and Marsh dissenting) . Concurrently, the Board recommended to the City Commission approval of a landscape waiver request to eliminate foundation plantings. The Phoenix Restaurant is located on the west side of A-I-A, south of Atlantic Avenue. '. , . City Commisison Documentation Report of Appealable Land Use Items July 26, 1993 thru August 6, 1993 Page 3 lO. Approved a minor site plan modification, architectural elevation plan and landscape plan associated with the construction of a parking lot and a l60 sq. ft. building addition for the Guiding Light, located on the east side of North Federal Highway, north of Bond Way (Vote 6 to 0). 11. Approved the architectural elevation plan and landscape plan associated with a fellowship hall addition for Calvary Baptist Church, located at the southwest corner of SW 10th Street and SW 8th Avenue (Vote 6 to 0). The site plan was previously approved by the Board. No other appealable items were considered by the Board. However, the following agenda items required Board action. * Approved the business sign for Shell Gasoline Station, located at 380 Linton Boulevard (Vote 6 to 1). * Approved the business sign for Mr. Gifts, ,located at 648 E. Atlantic Avenue (Vote 4 to 3). * Tabled the request to modify the master sign program for the Linton Square Shopping Center in order to give the applicant an opportunity to readdress the size of the tenant panels (7 to 0). HISTORIC PRESERVATION BOARD MEETING OF AUGUST 4, 1993 A. Granted a Certificate of Appropriateness to allow exterior design modifications for a single family dwelling at 303 N. Swinton Avenue (Vote 4 to 0). No other agenda items requiring the Board's action were considered. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map .. . . , . . LOCATION MAP FOR CrN COMMISSION MEETING L-.1O CANAL --- i . WI IDA ItOM L--I MWIIT ._,.,..~ IWIIT & . I a LCIWSON IOULlVAIID I ~ I I , z ~___. If ... ---.---.-.-- . .---.- I L-. CMAL C-II CNW. CII'Y 1111'S --.-.-...... S.P .RAB. rTEMS: H.P.B. ITEMS: r .... , 1. - ABBEY ROAD CRIU A. - J03 N. SWINT'ON AVENUE 2. - SETA CORPORATION I 3. - WRICHI' BY lHE SEA ~ 4. - CHEVRON GASOIJNE STATION 5. - BOCA REV PlAZA N .. - aIR. SHlFTER'S ATTIC 7. - n:RRAPIN STATION - .. - Mc:OClfW.DS ~ DELRAY CROSSINGS) t. - PHOENIX NJRANT CIIY OF DELMY lEACH, R 10. - GUIDINC UGHT P1ANNINO DEPNmENT 11. - CA1.VIRt BAPTIST CHURai "",..- ,. . - ~" , [ITY DF DELAAY BEA[H 100 NW. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407 :243, 7000 PROCLAMATION WHEREAS, 1993 marks the 30th anniversary of the historic 1963 March on Washington; and, WHEREAS, the 1963 march helped pressure Congress to pass major civil rights legislation; and, WHEREAS, that march marked the time in history and the site for Dr. Martin Luther King, Jr. I s famous "I Have A Dream" speech; and, WHEREAS, as Americans we should all reflect on the sacrifices made by some Americans for the civil and human rights of all Americans as we prepare for the diverse world of the 21st Century. NOW, THEREFORE, I, THOMAS E., LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of August 23, 1993, as "I HAVE A DREAM WEEK" in Delray Beach, Florida, and urge all of the citizens of Delray Beach to join the South Palm Beach National Organization For Woman and the South Palm Beach Chapter NAACP on Saturday, August 28, 1993 between 2:00 and 4:00 P.M. at the South Palm Beach County Courthouse, 200 W. Atlantic Avenue, Delray Beach, to celebrate the progress which has been made in the area of civil/human rights and to reflect upon the remaining struggle. 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 24th day of August, 1993. MAYOR THOMAS E. LYNCH SEAL - ~A '. ,. . ,.""" >> [ITY DF DELIAY BEAEH 100 N W 1st AVENUE DELRAY BEACH. FLORIDA 33444 407'243-7000 PROCL-U/A [[ON WHEREAS, The Sickle Cell Foundation of Palm Beach County, Inc. , is the only organizatLon providing services to Sickle Cell patients and their families; and, WHEREAS, The Sickle Cell Foundation of Palm Beach County, is also instrumental in aiding in the dissemination of knowledge about the disease through education of the public; and, WHEREAS, The Sickle Cell Foundation of Palm Beach County, provides Sickle Cell disease and Sickle Cell Trait counseling to individuals and their families as well as support group sessions; and, WHEREAS, The Sickle Cell Foundation of Palm Beach County provides education assistance and scholarships for students with Sickle Cell disease; and, WHEREAS, The Sickle Cell Foundation of Palm Beach County assists with screening and testing on an individual basis in individuals and their familiesi and, WHEREAS, The Sickle Cell Foundation, Inc. , and the WPOM Radio station are hosting its Twelfth Radio-Thon in order of raising monies to support the activities of the Foundation; and, WHEREAS, A Red and White Ball will be held to provide additional funding to help the Sickle Cell Victims and their families. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on beha lf of the City Commission do hereby declare the month of September, 1993 as SICKLE CELL DISEASE MONTH in the Ci ty of Delray Beach, Florida, and all citizens are urged to support the activities and those afflicted with this disease. 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 24th day of August, 1993. MAY 0 R THOMAS E. LYNCH SEAL 05 '. ;'1" . - ~., '.# '. [ITY DF DELIA' BEAEH r t~ \ 100 N.W 1st AVENUE DELRAY BEACH. cLOR!DA 33444 .107 :::'4--; - PROCLAil1A TION WHEREAS, the All America City Award, presented annually slnce 1949 by the National Civic League and sponsored by the Allstate Foundation, recognizes excellence in strengthening the problem-solving capacity of America's communities; and, WHEREAS, on May 2l, 1993, Pulaski, Tennessee was named one of the ten All America Cities by the National Civic League; and, WHEREAS, Pulaski's recognition as one of America's best communities was based on the following projects submitted in its All-America City Award application: ** An all-volunteer committee made up of civic activists, business people and local leaders developed a marketing plan to recruit new industry, resulting in the creation of 1,200 new jobs. ** Pulaski citizens joined together to combat racism by establishing an annual Brotherhood Week, and by the voluntary closing of all downtown businesses during a white supremacist march. ** Crime and drug activity has been reduced in the City's public housing sector through self-help initiatives and skill building programs. WHEREAS, Pulaski's outstanding accomplishments are an inspiration to the citizens of Delray Beach, Florida. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of September 5, 1993 through September 11, 1993 as "CITY OF PULASKI, TENNESSEE WEEK" in Delray Beach, Florida, and aCknowledge the accomplishments of Pulaski and hereby congratulate Pulaski on its "People Helping People" spirit. 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 24th day of August, 1993. MAY 0 R THOMAS E. LYNCH SEAL 0G .. '. ,,::~"', ,j; [ITY DF DELIAY BEAEH 100 NW, 1st AVENUE DELRAY BEACH, FLORIDA 33444 "07 ?"c' PROCLA,~IA TION WHEREAS, the well-being of our families is central to the well-being, strength and success of our societYi and, WHEREAS, there are an increasing number of Americans who balance work responsibilities with demands of caring for children and elderly relativesi' and, WHEREAS, there is a critical need for both workers and businesses to learn more about child and elder care optionsi and, WHEREAS, new solutions must be sought to help achieve a balance between work and familYi and, WHEREAS, the National Council of Jewish Women has a lOO-year history in working for the well-being of families of all socioeconomic, religious, racial and ethnic backgroundsi and, WHEREAS, the National Council of Jewish Women is forging partnerships in communi ties around the country to broaden employer and general public awareness of dependent care issues and to implement strategies for meeting those needs. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim September 9, 1993 as THE NATIONAL COUNCIL OF JEWISH WOMEN'S DAY OF THE WORKING PARENT and urge all governments, employers, public officials and citizens to make a commitment to meet the dependent care needs of employees today and from this day forward to improve the lives of all of the families of the City of Delray Beach. 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 24th day of August, 1993. MAY 0 R THOMAS E. LYNCH SEAL 0D ., ,,~ ," MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CI TY MANAGER tn1 SUBJECT: AGENDA ITEM # ~ J1 - MEETING OF AUGUST 24. 1993 INITIATION OF ANNEXATION DATE: August 20, 1993 This item is before you to authorize staff to initiate annexation of Discount Auto Parts, Delray Medical Center and the Sunset Pines Condominium Development, located on the north side of Atlantic Avenue between Barwick Road and Military Trail, with initial City zoning of NC (Neighborhood Commercial), POD (Professional Office District) and RM (Multiple Family Residential), respectively. This annexation amounts to the calling in of water service agreements. The properties are contiguous to the City via the Highland Trailer Park to the east, Lloyds Tire Center to the west and the Barnett Bank to the south. Annexation will not create an enclave and services are being provided to the parcels similar to other properties within the City. There was some question as to whether the voluntary annexation applied to the entire Sunset Pines Condominium development as certain additional lands were added to the development after the execution of the water service agreement. These areas include a 3.181 x 720.391 strip along the west property line, a 271 x 1001 strip at the southwest corner of the development and a 60' x 336.33' strip at the northeast corner of the site. Generally, when there is a change in a development which modifies the boundaries the water service agreement must be amended to reflect those changes. In this case, the agreement was not modified; however, staff is of the opinion that the entire complex will be included in the annexation. The desired annexation completion date is prior to December 31, 1993. The annexation of these properties is consistent with the annexation policies contained within the City's Comprehensive Plan. Planning and Zoning Board review will occur with first reading of the annexing ordinance. A detailed staff report is attached as backup material for this item. Recommend approval of the initiation of annexation of Discount Auto Parts, Delray Medical Center and the Sunset Pines Condominium Development, located on the north side of Atlantic Avenue between Barwick Road and Military Trail, wi th initial City zoning of NC (Neighborhood Commercial), POD (Professional Office District) and RM (Multiple Family Residential), respectively. ., '11'1 ()J{ tlv, C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~D T. HARDEN, CITY MANAGER THRU: (~Avl"~S~1~ ~RTMENT OF P~NNING AND ZONING FROM: PA~~NIDR PLANNER SUBJECT: MEETING OF AUGUST 24, 1993 INITIATION OF ANNEXATION AND INITIAL ZONING FOR DISCOUNT AUTO PARTS, DELRAY MEDICAL CENTER AND SUNSET PINES CONDOMINIUM DEVELOPMENT. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of initiation of an annexation of Discount Auto Parts, Delray Medical Center and the Sunset Pines Condominium Development along with initial zoning of (NC) Neighborhood Commercial, (POD) Professional and Office District and (RM) Multiple Family Residential, respectively. The properties are located on the north side of Atlantic Avenue between Barwick Road and Military Trail. Pursuant to Section 2.4.5 (C) (1) (Annexation of Territory) the City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. BACKGROUND: Water service agreements for the subject parcels were signed on April 23, 1979 & April 27, 1981 (Sunset Pines Condominiums), February 14, 1991 (Delray Beach Medical Center) , and June 29, 1993 (Discount Auto Parts). Within each water service agreement the standard annexation clause was included. For additional background material see the attached annexation assessment document which is a part of a larger annexation analysis report available for viewing in the Planning and Zoning Department. '. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board did not review the initiation of the annexation request. The Planning and Zoning Board is scheduled to review the actual annexation at their October l8, 1993 meeting. RECOMMENDED ACTION: By motion, initiate the annexation of Discount Auto Parts, Delray Medical Center and the Sunset Pines Condominium Development along with initial zoning of (NC) Neighborhood Commercial, (POD) Professional and Office District and (RM) Multiple Family Residential, respectively. Attachment: * Annexation Assessment * Annexation location map * Location map * Aerial Photograph * Proposed Zoning Map y:sunset/pd '. ANNEXA TION AREAS ~ L-30 CAIW. ,_,___'_____4________________'__ I ~ I .... Ii i Go LAIC[ IDA IlOAD ".1ST f , ~ 1 SW2ST ll~'~~~)~)l:: 'C .. .. .. : .. .... , . .. .. .. ' ! .. .. + .. AREA ,.. w a .. AREA '8 t I .. .. + I .. .. .. .. LOWSON IOUUVARD I ; UNTON IOUUVAIID 8 )0. f J .. , .!. -.--.-----.........-......--.---.--... I hM CANAl. N ANNEXATION AREAS ANNEXATION AREAS AS DESIGNATED IN THE FUlURE LAND USE EL.D.tNET (POUCY B-3.4'. OF THE CrrY'S COt.lPREHENSIVE PlAN. CITY OF DElRAY BEACH, FL PlANNING DEPARTMENT LEGEND: I IolU I arr U~ -.--.-.- I ....y 1 893 D.lM SCAU '. '. '. LOCA TION MAP ... ~ ~I:.J ~o I ~ I ~ I ~ 1.~r~I~I~t I . FRAN WOOD DRIVE I II 12 II 10 ~ . - - - -! - L---- ..------ I>>@ 1 .'24 7-02 - - (" - ".,010 "c. - / , - 720 9.~7 AC" III . .1.~O QR482GP\459 IS . o RJ61f>PI667 @) , . .' 125 ..-,..' I 4." 2- ~'- I - ... ./ , I j 714 a -n:DAC. I - "" I ~e~ , ~~~ ~ 4.1 4~O . I SR-806 DELRAY ( A/K /A ATLANTIC AVE) , 01 l~t." Ol@ 140.71 ~ ~ . ~ .:. I @ ~ 10 23.1 -: 724 - -'" GOLF ~ - . - ,. ',I'" PROPOSED ZONING DESIGNA TIONS '"'''''''' "'" {""""~~"~""}""{,,,~,,~~,,,,,,,,,,,,,,I,, """"""" '" " " s" " " " " " " " 'o~ " " " " " "" "'FRAN( ES' , """"'''' "" "" "'"'''' "I" .l' " " J " " J " l: " " ,', ,: ,-...., , ' ""~}'1-.." " " " " ,I,,, """""""""" "'''''' " "" ffi' '" , ", , , , , , ' , , ]. , 't ' , , , , , , , , , '''''''''' '" ~, " ., ",,,,,,,,,1,, """lS"'.... ...J '}:4 WQor: " " 'DR' , ~ ...., , " " ' '"",, ' 0.. "" " " " " " " , " , " " " ",.(~ " " " " c.3." " " " " r'- " " , " " 'r- " "" " '" """'"'' " " , , " """" ""'"'' '\" "r'-"'\,""~'" "'" ~,,~"""""'" """ ~"""'" '\" ,,,,, r-..'" "",... "'''' , '" , , ,M>\URl.~ , , , , , 't):' ' , " "" "'" '" ,"" 'ClR , , , , " , , , , , , , , , "'''' """'''''~1'''''''' ""J'''1''''1''1~~'''''''''''\' . .., .. ,: "" , , , , , , , , , , , , , ,,}J~ -,...;.,[ '''''''''''''''' "', , \\\\\\\\ '"i:. :;.. - PINE GRC?~ _ DR. ~ :::: C:::~ /V /V Cl f-. 0L~ ,- ~ :;: :::::: ~ c ~ ~ :::::::;: C3 ;lR r1li::::~//~/ ~//a:: M ~ '" :::::: :::::: :::::: ---- :::: :::::: PC ~ ~t~ ~~ ::~ ~~ CF '-i~~ '" ::::~ ~~ ::::::---- / 1 ~ --' /...-1\ ~ // y~ jRJ ~ ;:';j v /:;: ~~";U /~~----~ 'J ....r.:. /~/ /~c:::;:.~ ":!::l --'~/ /~ / /3 r"",< l:} --,VI/ /0/ /101 ~ ..... /////Vu ~ ~Q" ::: ;::::: ::::: r:: ::::r: ~ ~ 'A LJ. &Il ii' ~ CD \ ~Iif~ ~I (~ ~C A T L ANT I C AVENUE QC - " / A ~ PRO - ~ 0 - 0 t- <( Vl 0 UJ -- 'Q: Q: P( 0 ~, - )C u.. nr 0 >- 8 w ~ ~ ffi - OS <( ;5. i I--- I I I I N ZONING DESIGNATIONS - COUNTY JURISOICTlON ~ SUBJECT PROPERTY PROPOSED CITY OF DElRAY BFACH, Fl ~ ~ ZONING C PC EXISTING ~ PlANNING OEPARTNENT G CITY ZONING "" -,"' - '. ANNEXATION ASSESSMENT: Annexation Authority: The authority to annex each of subject properties is contained within executed water service agreements. The applicable paragraphs are Not 5 in the Discount Auto Parts agreement and Not 7 in the Delray Medical Center and Sunset Pines Condominium water service agreements. In each of the aforementioned paragraphs the owners of the properties have agreed that the execution of the water service agreement is considered a voluntary petition for annexation pursuant to Florida Statute l71.044 and that all subsequent transferees, grantees, heirs, successors and assigns of owner shall be bound by this annexation agreement. Each of the water service agreements has been duly recorded. Land Development Regulation Section 2.4.5 (C) (Annexation of Territories) states the City can initiate an annexation of private property if said right has been delegated via provisions of a-water service agreement. Area to be Annexed: The area to be annexed will include one half of Atlantic Avenue to the south, the Discount Auto Parts site, Delray Medical Center, and the Sunset Pines Condominiums. The Sunset Pines Condominium property includes a 60' drainage easement (verses fee simple ownership) for Lake Worth Drainage District. The metes and bound descriptions representing the totality of the area to be annexed are available in the Planning and Zoning Department. Water Service Agreements: In reviewing the legal descriptions in the water service agreements for Sunset Pines Condominiums several discrepancies have been identified. These discrepancies indicate that certain areas of the Sunset Pines Condominium development are not covered by City water service agreements. These areas include; * A 3.18' x 720.39' strip along the west property line * A 27'x lOO strip at the southwest corner of the development. * A 60' x 336.33' strip at the northeast corner of the site (Lake Worth Drainage Easement area). '. <. Annexation Assessment Sunset Pines/Discount Auto/ Delray Medical Center Page 2 The 3.18' strip was added to Sunset Pines Condominium after the execution of the water service agreements associated with abandonment of a 6 ' easement area abutting the west property line. The 27'x 100' strip is a result of an incorrect legal description provided in the water service agreement executed on April 27, 198!. The 60' x 336.33' strip is a result of Lake Worth Drainage District returning 60' of fee simple canal right-of-way to Sunset Pines Corporation on November 13, 1985 in exchange for a 60' drainage easement. This area was then incorporated into the Sunset Pines Condo after the executed water service agreement had excluded the fee simple right-of-way. Infrastructure Analysis: Streets: The subdivision streets were created as common areas and as such not delineated as right-of-way tracts in the condominium documents. It is noted that access to the subdivision (Sunset Pines Drive) from Atlantic Avenue is via a private access easement (Medical Center Drive). The Palm Beach County property appraisers map does not show the private access easement which crosses the Delray Medical Center parcel as a road. A site visit was conducted on July 9th 1993 with the City's Traffic Engineer. The streets within Sunset Pines were found to be in excess of the standard 24' width and in adequate condition. A few pot holes were noted and upon closer inspection revealed a substandard asphalt depth of less than an inch over stabilized base. The streets are currently privately owned and maintained. The streets do not have sidewalks. Given the above the Sunset Pines streets will not be taken over by the City (ownership or maintenance) with annexation and any deficiencies in the street system will remain the Condominium owners responsibility. Delray Medical Center has access from Delray Medical Center Drive while Discount Auto Parts parcel has direct access from Atlantic Avenue. Street Signaqe and Markinqs: The site visit of July 9th, 1993 revealed signage and marking deficiencies within Sunset Pines including: * Non-existent stop signs * Non-existent stop bars * Non-existent speed limit signs '. -. Annexation Assessment Sunset Pines/Discount Auto/ Delray Medical Center Page 3 Signage and marking on private streets within the subdivision will continue to be the responsibility of the Sunset Pines Condominium Association after annexation. Sewer: The Sunset Pines Subdivision is sewered by the municipal sewer system. The 8" sewer mains within the subdivision gravity flow to the north and then east to Lift station Not 86. Lift station Not 86 was recently relocated to the east side of Barwick Road to the Barwick Middle School site. Within the Sunset Pines condominium documents, public utility companies are granted the right to install, connect, and maintain, from time to time, sewer mains across the entire property (within the common elements and limited common element areas) . The City currently maintains the existing sewer system and would continue to do so upon annexation. Although a blanket easement exists over the property the condominium documents can be amended without City participation. Given the above it may be appropriate to require dedication of specific utility easements as the opportunity presents itself. The Delray Medical Center is on the municipal sewer system with a service lateral which gravity flows to the north into the sewer system within Sunset Pines. Discount Auto parts currently under construction will access a new sewer main being installed on the north side of Atlantic Avenue. As outside City uses, the above properties are paying a 25% surcharge for sewer service. With annexation the city will lose this associated revenue. Water: The Sunset Pines subdivision is on City water and contains fire hydrants which meet the required residential spacing of 500 I. Each of the 66 condominium units has an individual water meter. The City currently maintains the water mains within the subdivision and would continue to do so upon annexation. Within the Sunset Pines condominium documents, the public utility companies are granted the right to install, connect, and maintain, from time to time, water mains across the entire property (within the common elements and limited common element areas) . As previously mentioned, (under sewer) although a blanket easement exists over the property the condominium documents can be amended without City participation. Given the above it may be appropriate to require dedication of specific utility easements as the opportunity presents itself. Water service for the Discount Auto Parts and Delray Medical Center parcels is provided from an existing 12" main along the north side of Atlantic Avenue. An additional fire hydrant is being installed along Atlantic by Discount Auto Parts. .. Annexation Assessment Sunset Pines/Discount Auto/ Delray Medical Center Page 4 As outside City uses the above properties are paying a 25% surcharge for water service. With annexation the city will lose the associated revenue. Drainaqe: Upon field inspection of the Sunset Pines subdivision no signs of drainage problems were noted. The subdivision roadways have swale drainage which overflows into storm water drainage structures which discharge into the L.W.D.D. L-33 canal to the north. Adequate on-site drainage is provided for the two commercial properties along Atlantic Avenue. With annexation. both the commercial and residential properties will be subject to the City's Stormwater Assessment Fee. Land Use Analysis: The proposed initial zoning designations of (RM) Multiply Family Residential for the Sunset Pines Condominium and (POD) Professional and Office District for Delray Medical Center are consistent with the existing uses. The RM district has a density range of 6-12 units per acre. The Sunset Pines Condominium has a existing density of 7.55 units per acre. The proposed initial zoning of (NC) Neighborhood Commercial for the Discount Auto Parts store is being applied as a condition of the water service agreement executed by City Commission on June 29, 1993. Application of the Neighborhood Commercial zoning designation would make the Discount Auto Parts store a nonconforming use but would allow limited retail expansion of other types. The (POD) Proffessional and Office District, (RM) Multiple Family Residential, and (NC) Neighborhood Commercail zoning districts are consistent with the underlying City Future Land Use designation of Transitional. ASSESSMENT OF OUR ABILITY TO ANNEX: The properties are contiguous to the City via the Highland Trailer Park to the east, Lloyds Tire Center to the west and the Barnett Bank to the south. Annexation will not create an enclave and services are being provided to the parcels similar to other properties within the City. The executed water service agreements contain the voluntary annexation clause granting the authority pursuant to LDR Section 2.4.5(C) and Florida Statute 171.044 for the City to annex these properties. It is clear that the voluntary annexation applies to the entire Sunset Pines condominium development even though within the water agreements certian areas were added after execution. These areas include; '. Annexation Assessment Sunset Pines/Discount Auto/ Delray Medical Center Page 5 * A 3.l8' x 720.39' strip along the west property line associated with abandonment of a 6' easement area abutting the west property line ( 3 ' to each abutting property owner). * A 27'x 100 strip at the southwest corner of the development as a result of an incorrect legal description. * A 60' x 336.33' strip at the northeast corner of the site (Lake Worth Drainage Easement area) as a result of Lake Worth Drainage District returning 60' of fee simple canal right-of-way to Sunset Pines Corporation on November 13, 1985 in exchange for a 60' drainage easement.. The desired annexation completion date is before December 31, 1993 to assure that property tax revenue from these areas will be generated for the City in 1994. Given this goal the following schedule of annexation should be followed. * Initiation of the annexation by City Commission on August 24, 1993. * Public Hearing by Planning and Zoning Board on October 18, 1993 * First reading by City Commission on October 26, 1993 * Second and final reading on November 9, 1993 (dual public notice notice) or November 23, 1993 (separate notice) DESIRABILITY OF ANNEXATION: Upon annexation i *the streets within Sunset Pines will remain private and the maintenance responsibility of the condo association. *the existing city water and sewer systems will continue to be maintained by the City. With annexation the City will lose the 25% surcharge currently collected from these properties. *the City will receive additional property tax revenues, storm water assessment fees and per capito( state revenue sharing rebates. There are no zoning or land use issues which would hinder or thwart annexation. Full analysis of all issues will be contained within the annexation staff report prepared for annexation action. The annexation of these properties is consistent with the annexation policies contained within the City's Comprehensive Plan and given the above, annexation should be initiated at this time. '. -. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS i l)7", I FROM: CITY MANAGER ' - SUBJECT: AGENDA ITEM # <6' B - MEETING OF AUGUST 24: 1993 INTEGRITY LEADERSHIP TRAINING/POLICE DEPARTMENT DATE: August 20, 1993 This item is before you to approve the expenditure of $12,880 from the Federal Forfeiture Assets Fund (Account No. 115-2112-521-49.90) for Integrity Leadership Training for all Police Department employees. The seminar consists of seven (7) two day sessions conducted by Mr. Neal E. Trautman during the period September 1993 and January 1994. The sessions will be held at the Duncan Conference Center. Mr. Trautman's fee is $1,600 per seminar or $11,200 for the entire session. Under the agreement with Mr. Trautman, he will provide all necessary written materials and supplies and instruction. The cost of using the Duncan Conference Center is $1,680. A copy of Mr. Trautman's proposal and the cost-out for the Duncan Center is attached as backup material for this item. Recommend approval of the expenditure of $12,880 from the Federal Forfeiture Assets Fund (Account No. 115-2112-521-49.90) for Integrity Leadership Training for all Police Department employees. ~ '. DELRAY BEACH Delray Beach Police Department tIe:I:II AII.America City 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 1 I II I ' (407) 243.7888 Fax (407) 243.7816 IL)L) \ MEMORANDUM TO: David T. Harden, City Manager FROM: Richard G. Overman, Chief of Police DATE: August 11, 1993 SUBJECT: INTEGRITY LEADERSHIP TRAINING As discussed earlier, I have negotiated the attached proposal for Integrity Leadership training with noted author, Neal E. Trautman. Seven two-day sessions will be presented to all Police Department employees at the Duncan Conference Center between September and January, 1994. Funding for this program should come from the Federal Forfeiture Assets Fund (115 2112 521 49.90), not to exceed $12,880 (Seminar - $11,200, Conference Center - $1,680). Your approval and that of the City Commission will be greatly appreciated. RGO/whc/phc Attachments COMMITTED TO THE IMPROVEMENT OF THE QUALITY OF LIFE DUNCAN CONFERENCE CENTER Episcopal Diocese of Southeast Florida 15820 S. ~1i1itary Trail · Dclray Beach, FL ~)a48-+ ~1-07 -4DG.4 V)() · Fax 407 --lDG-172G :\IL :\or1l1<ln K. Ross. Exectlti\'e Diredor Chief Richard Overman Ilttqt(hD# Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, FL 33444-3695 243-7888 FAX 243-7816 Dear Rick, I am pleased to confirm the following dates and information with you regarding the "Leadership & Ethics .. programs for the c it y of Delray Beach Police Department. Sept. 27-28 Mon/Tues Sept. 29-30 Wed/Thur Times: 8:00am - 4:00pm Nov. 1-2 Mon/Tues Guests: # 30 Nov. 10-11 Wed/Thur Facility: Conference Bldg. Nov. 22-23 Mon/Tues Set-Up: Tables & Chairs/Classroom Dec. 16-17 Thur/Fri AM Set-Up: Coffee/Muffins $ 1.50 per Jan. 11-12 Tues/Wed ( 1994) Fee-Room: $ 75.00 daily Total Daily Charqe= $ J20.00 Tax-exempt We can provide a lunch meal with ~dv~nc~ (3 day) notice for offices who would like with the following: Minimum Count of Guests: 15 Cost Per Person $ 6. :) 0 [we will not bill ,the city for this, but will collect cash at each meal~ Again let me share Rick, we at the Duncan Center are supportive of the many pro-active changes you are bringing about at our city police department, and want to continue to enable such to occur in order to improve the quality of life for all the citizens of Delray Beach. Thank you for asking to use t:1e Duncan Center and for serving as our Police Chief. sinC7elY, i-/ rJNtv'j ~~ Norman K. ~s ~.ugus t 6, 199 ---_.~ -_._~-- " "'. 'iII"_ ' :,~';c_ _,~',:;,"> Law' Ent6rcemenf"-"'" August 3, 1993 Richard G. Overman Chief of Police Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444 Dear Chief Oyerman: Enclosed is a proposal and agreement for the NationallDs1itmle of Law EDfoftement Ethics to provide seven .....rity Leadenhip seminars for the Defray BeKh Police DepBtment- Please return one copy for my records. Feel free to give me a call if any revision or clarification is needed. Although I will be out of town a great deal during August, my office can always contact me. lt will be a pleasure working 'with you. I believe your agency will soon be a National ethics role model. Sincerely, ~a" / .- Neal E. T an Director NET /brs Enclosure . . 950 S. WiQtu..faIIU>r.. Suite 325 , CasselJlerrv. ~ 327QZ ~ - ,. J<, ...... .' . La. 'Enforcemen('-." MiSconcW.t( Q,g- Centu Proposal Integrity Leadership Seminar The Delray Beach Police Department Delray Beach, Florida 950 S. Winw:...f.l.l:i..Pr.. Suite 325 Casse~berrv. ~2701 ~ ~ . Course Features -Jc Needs Assessment Conducted Six weeks prior to the course, questionnaires provided by The National Institute of Law Enforcement Ethics and documentation from your agenCy will be assessed by The National Institute of Law Enforcement Ethics to determine Leadership training needs. III COUl'5e Cusjomized To Your Needs If appropriate, learning goals and objectives, course content and instruction will be adapted to meet needs identified by your needs assessment or special ' instructions. III Highly In~ractive Instruction Learning retention is greatly reinforced through: *. Self-assessment exercises, * Role-play scenarios enhanced through sound effects, physical exercises and tape recordings, * Sub-group exercises, and * Class exercises. . Insnucted By National Authority Your course will be instructed by Neal E. Trautman. Materials on Mr. Trautman's background are enclosed. II DOCumeldadOD Generated Written attendance, pre and post-tests and student evaluations are provided for your records. III E8dcal Decision-Making Although. one of the most crucial areas of law enforcement training, officers have never received training in how to make ethical decisions. The ethical decision-making process is simple, yet very effective. After learning the process, realistic, stressful training scenarios greatly enhance learning. '. .'~~J!I~~~~~~;;:'~ ~~., :.~ ~~"-'c'.~~_ ?:~)~ . ~~-< -,ti'ir~ --~~: J"~' - - -. ,~--~?~~ . ~~:.:' - ~- .-'~;:' - -#':~~f~_, ''''rl Agreement The Nadonalloscitu1e of Law Enforcement Ethics will provide: A basic ethics related leadership needs assessment, if requested, All necessary written materials and supplies (including a quality participant manual for each participant.) Two days of exceptional instruction, per seminar. Approximately 30 participants will be in each seminar. Seven seminars, conducted on the dates of [ September 27 & 28, 1993 n. September 29 & 30, 1993 m. November 1 & 2, 1993 N. November 10 & 11, 1993 V. November 22 & 23, 1993 VI. December 16 & 17, 1993 VII. Janua.y 18 .1r11, 1994 , JI~/'1- All required funding related to travel, All required funding related to instructor's hotel, Course documentation The Delray Beach Police Deputment will provide: An adequate classroom setting. A fee of $1600 per seminar. for a total of SII,200. Said fee shall be payable in three payments of $3,733 on: September 27. 1993 November 10. 1993 January 13. 1994 I agree m the conditio.. of this .ree~nt. ~~ / -- Richanl G. Ove...... Neal E. Tnw DiRcmr Chief of Police NadonallDstieut!.of Law Enforcement Ethics De1nIJ Beach Police Department OaR a;;- ~ ~ /'P"P J Date ,--- , NEAL E. TRAUTMAN You may know Mr. Trautman as a founder of The Law Enforcement Television Network, the nation's largest provider of enforcement training. As the Network's director of Training, he was responsible for all aspects of training provided to 120,000 officers dally. While an officer, he was awarded the following: · Decoration for Heroism, 1974 . Officer of the Year, 1976 . Pollee Excellence Award, 1978 . Nominated National Officer of the Year, 1980 · Runner up, County Officer of the Year, 1981 . National television recognition, homicide Investigation, 1984 · Meritorious Police Duty Medal, 1984 · Decoration for Heroism, 1985 . Training Subject Matter Expert, Florida Pollee Standards & Training Commission Mr. Trautman was founder and charter president of the nationally respected Florida Criminal Justice Trainer's Association. He served as editor of the Florida Police Training Officer's Association Newsletter for three years and has written numerous articles related to law enforcement training and professionalism. He has authored the following textbooks: LA W ENFORCEMENT TRAINING LA W ENFORCEMENT IN-SERVICE TRAINING PROGRAMS LA W ENFORCEMENT - THE MAKING OF A PROFESSION A STUDY OF LAW ENFORCEMENT 50 THINGS TEENS CAN DO TO FIGHT DRUGS HOW TO STOP POLICE CORRUPTION HOW TO BE A GREA T COP and forthcoming STANDARDS FOR SECURITY AND LA W ENFORCEMENT AGENCIES Professional affiliations Include the following: . International Association of Chiefs of Pollee, Education & Training Committee, former member . National Institute of Law Enforcement Ethics, executive director . American Society of Law Enforcement Trainers, chairperson, Development Committee . National Sheriff's Association, Ethics and Training Committee, former member . Florida Criminal Justice Training Officer's Association, founder STANDARDS & TRAINING IN C. Law Enforcement Training and Expert Witness Services 135 East Bahama Rd Winter Springs Florida 32708 (407) 699-4012 (800) 446-4049 Fax (407) 699-2172 ,. ; [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE :\'" ',\\, 1" :\VENUE . DELRAY BEACH, FLORIDA 33444 F.'\\ ',;!':il.F ,\;r;:7S-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: August 12, 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Amendment to Interlocal Agreement Between the City and Lake Worth Drainaqe District The Lake Worth Drainage District and the City entered into an Interlocal Agreement wherein the City agreed that it would annex into the Lake Worth Drainage District by July 21, 1993. An extension of time is necessary (until July 21, 1994) to accommodate the McGrew appeal now presently before the Fourth District Court of Appeal. Therefore, our office requests that this Amendment to the Interlocal Agreement be approved by the City Co~sion extending the time to annex into the Lake Worth Drainage District until July 21, 1994. By copy of this letter to David Harden, City Manager, our office requests that this Interlocal Agreement be placed on the City Commission's August 24, 1993 agenda for approval. Please ~ have any questions. SAR.ci cc David Harden, City Manager Alison MacGregor Harty, City Clerk William Greenwood, Director of Environmental Services William G. Winters, Manager Mark A. Perry, Esq. lwdd2.sar ,. RETURN TO: LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, FL 33484 PREPARED BY: MARK A. PERRY, ESQ. Perry & Schone, P.A. 50 SE Fourth Avenue Delray Beach, FL 33483 AMENDMENT TO INTERLOCAL AGREEMENT THIS AMENDMENT TO INTERlOCAl AGREEMENT entered into this the _day of , 1993, by and between the LAKE WORTH DRAINAGE DISTRICT, a Special Taxing District, of the State of Florida, whose mailing address is 13081 Military Trail, Delray Beach, Florida 33484, hereinafter referred to as "DISTRICT" and CITY OF DELRA Y BEACH, whose mailing address is 100 NW First Avenue, Delray Beach, Florida 33444, hereinafter referred to as "DELRAY BEACH". WHEROO, the parties entered into that certain Interlocal Agreement made the _ _ day of , 1992, by and between LAKE WORTH DRAINAGE DISTRICT and CITY OF DELRA Y BEACH, as recorded in Official Records Book _, Page of the Public Records of Palm Beach County, Florida; and WHEREAS, "DELRA Y BEACH" desires to extend the term of the Interlocal Agreement for one (1) year from July 21,1993 until Ju!y 21, 1994; and WHEREAS, "DISTRICT" has agreed to said extension, subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, "DISTRICT" and "DELRA Y BEACH" agree as follows: 1. That the above recitals are true and correct. 2. "DISTRICT" and "DELRA Y BEACHL" agree to extend the term of the Interlocal 1 '. ,. Agreement for one (1) year from July 21, 1993 until July 21,1994. IN WITNESS WHEREOF, the parties have hereunto executed this Amendment to Interlocal Agreement the day and year first above written. APPROVED AS TO FORM LAKE WORTH DRAINAGE DISTRICT AND LEGAL SUFFICIENCY A Special Taxing District By: Mark A. Perry, Legal Counsel JOHN I. WHITWORTH, III, President 13081 Military Trail Delray Beach, FL 33484 Attest: WILLIAM G. WINTERS, Secretary 13081 Military Trail Delray Beach, FL 33484 [Seal] APPROVED Asr-O FORM CITY OF DELRAY BEACH AND LEGAL SUFFICIENCY By: Susan A. Ruby, City Attorney THOMAS E. LYNCH, Mayor 100 NW First Avenue Delray Beach, FL 33444 Attest: City Clerk 100 NW First Avenue Delray Beach, FL 33444 [Seal] 2 '. ,. STATE OF FLORIDA COUNTY OF PALM BEACH . I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared JOHN I. WHITWORTH, III and WILLIAM G. WINTERS, the President and Secretary, respectively, of the LAKE WORTH DRAINAGE DISTRICT, known to me, and who did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the day of , 1993. NOTARY PUBLIC Printed Name of Notary State of Florida My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH I HER~CERTIFY that on this day, before me/an officer duly authorized in the State' and County aforesaid to take acknowledgments, personally appeared THOMAS E. LYNCH and , the Mayor and City Clerk, respectively, of the CITY OF DELRA Y BEACH. They are personally known to me and did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this the day of ,1993. NOTARY PUBLIC Printed Name of Notary State of Florida My Commission Expires: [C:\l WDD\DElRA Y.EXT] 3 '. " . ... J'1\ ,10 v [ITY DF DELRAY'BEA[H - CITY ATTORNEY'S OFFICE 20D !\\\' 1st, AVENUE' DELRAY BEACH, FLORIDA 33444 F,\CS::--l1LE 407:27S,.n55 Wr~t_r'. O~r_ct L~n_ (407) 243-7090 MEMORANDUM Date: August 18, 1993 To: City Commission ~ From: David N. Tolces, Assistant City Attorne Subject: Right of Entry Agreements with Various Property Owners - Roadway Reconstruction East of Intracoastal Waterway ( ICW) Before you for approval are agreements with various property owners whose property may be affected by the roadway recon- struction east of the ICW. As the agreements are identical, rather than provide you with each agreement, the following page includes a list of all property owners who have entered into the agreement with the City. ------ provides that the City will restore the owner's The agreement land to its original condition upon completio~ of the construction. The owner agrees to hold the City harmless for any damage to ' the owner's property resulting from the construction. If you have any questions regarding these agreements, please call. DNT:sh Attachment cc: David Harden, City Manager Ralph Hayden, City Engineer Cheryl Leverett, Executive Assistant entry.dnt 'S.D. .. '. . Road Construction Plan Project No. 92-02 Property OWners List for Construction Agreements Mary Lawless Jerry R. OWings & 32 Salina Avenue Edward F. Terczak, Jr. Delray Beach, FL 33483 P.O. Box 1058 Delray Beach, FL 33447 Michael A. Orlando 36 Salina Avenue G.W. & Christine R. Longstreet Delray Beach, FL 33483 16 Bronson Avenue Delray Beach, Florida 33447 Suranart & Pratin Tanvejsilp 3887 Barkis Avenue Thomas A. Mithilde A. Fanning Boynton Beach, FL 33436 71 Bronson Avenue Delray Beach, FL 33483 Jennie, Mildred & Marion Cousins l220 E. Atlantic Avenue Atlantic Center Delray Beach, FL 33483 c/o Paul Ferber Co., Inc. 76 S.E. 5th Ave. Andre & Mary J. Stevens P.O. Box 1929 85 Salina Avenue Delray Beach, FL 33447 Delray Bea~ FL 33483 Landex Hotel Corp Karen N. Seijas llll Homestead Rd. W. 43 Stoneybrook Road Lehigh Acres, FL 33936 Montville, NJ 07045 Coral Cove Condo Assoc. Frances Brewster Inc. 88 S. Ocean Blvd. P.O. Box 2757 Delray Beach, FL 33483 Palm Beach, FL 33480 Bahama House of Delray Beach Huntingdon Assoc. LTD Condo Assoc. 2600 N. Military Trail, #230 72 S. Ocean Boulevard Boca Raton, FL 33431 Delray Beach, FL 33483 Williamsburg Inn Condo Assoc. l8 Salina Avenue Delray Beach, FL 33483 '. ,. - ~ Beach Lots, Delray West 90 Ft of East 180 Ft of North 1/2 of Lot 20 Lying West of Salina Ave. AND" . , WHEREAS, as part of this project, the CITY is willing to reconstruct the OWNER'S land to provide for improved drainage and paving in conjunction with the CITY'S improvements, and restore the OWNER'S land, property, facilities and/or vegetation to its original condition upon completion of the project at no expense to the owner. 'WHEREAS, the proposed work excludes modifications or improvements to existing building structures. NOW, THEREFORE, in witness of the above and in consideration of the CITY agreeing to conduct the aforesaid utility construction and/or modifications, and to restore the property to its original condition, and for other good and valuable consideration in hand received, OWNER hereby grants unto the CITY, their Employees, Agents, Contractors, Sub-contractors, and/or Assigns the license and right to enter upon said land of OWNER for the purpose of conducting utility construction or modifications. Page 2 of 4 o. ,. - ~ ~ each constituting an original upon the terms and conditions above stated on the date first set forth above. ~tZ~' o ER/AGENT ~ ~ CITY,OF DELRAY BEACH, FLORIDA ATTEST: City Clerk Approved as to Form: -- city Attorney Page 4 of 4 " '. 1\ "-/"( :rAil L ! ~~'.;; .;::; DElR ~ ',' i ~' ~;; . ,t,. ~:. , r ; ['\ r' r' ~, , ( r 1:.; i I \ :). ,; :\ .:.-'..:...... 'h\~," t ~ r!'../ ~', t I,? Wr~~_r'. D~r_a~ L~n_ (407) 243-7090 MEMORANDUM Date: August 19, 1993 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Waiver of Bond Requirements - Pompey Park and Community Center Improvements Hoffman's Air Conditioning, Inc. I received the attached memorandum from Howard Wight requesting that the City Commission waive the bonding requirements for Hoffman's Air Conditioning. The City Commission has the authority to waive the bond requirements as stated in the memorandum. The City's Environmental Services Department does not have an objection to waiving the bond requirements. If you have any questions, please call. DNT:sh Attachment cc: David Harden, City Manager Cheryl Leverett, Executive Assistant waiver.cInt ~E '. I ~ CITy ~TTORNEY'S OFFICE TEL No. 407 278 4755 Aug 20,93 1 : 1 S P.Ol MemOral)dum Date: AU9\lst 18, 1993 TO: David Tole.., Assistant city Att~ Prom: Howard Wiqht, construction Man1' Re: Mechanical contract - Pompey ~nd Community center(93-45) waive pertormance/paymant Bond HOffman's Air Conditioning, Inc. has been awarded the Contract tor the above referenced Project. They were the only contractor who submitted a bid. Their bid/contract amount is $Z7,760.00. On TUesday, August 17, 1993 Scott Hotfman, president of Hottman's Air Conditioning, called me to discuss the problems he was having ..curin9 the performance/payment Bonda required .by the Contract docum.nts.C... attached letter dated 8/17). H. does not have a reCJUlar bonclinq line and. i. tryinq to secure Bonds tor this particular project. He requested that the Bond be waived tor this particular project and he would provide the city with release ot liens, etc. in lieu ot the Bond. . Hottman's has done repair work for the City on an on-goinq basis and a180 provided the air conditioninq units required for the Vlr9inia Slims Tenni. Tournament. AS far as I know the city has been satisfied with their work and their business practice.. I know fr~er.onal experierice that securing' a bonding line is a rather 10n9 and complicated process. since they were the only bidder tor the Project waiving the bond requirements would not make a material difterence 1n the determination ot the low bld. Secau.e of the above and the simplicity of the project I do not think waivin9 the Bond requirements would cau.e any problems. The city should require some concessions from aoftman's in lieu of the Bonda to offset the waiver. These should include release of liens trom suppliers, a written one-year warranty statement as would be provided with the 80nd and a 2' of Contract amount credit or -$555.20 to cover the Bond premium cost that should have been included in their Bid. { have re:viewed this wi th Ralph Hayden and Richard Corwin and they have no problem with waiving the Bonds. Hoffman's is ready to return the executed Contracts without the Bonds and start the Project. If you concur with the above we would appreciate you placing this item Qn the August 24 Commission agenda 1n order to expedite start of the Project. Filet 93-45D cc: Ralph Hayden, city Engineer RiChard Corwin, Public Works Director '. CITY RTTORNEY'S OFFICE TEL No, 407 278 4755 Rug 20,93 1:19 p,O;-:; . . . .- . . H[I~;7FMf.INN"~;) A I j;' CCJNI'" I"r I ONJ I-.JG. I NC. lO(l() AS.!!. .l t:;".' r,';~~;f~7 BGYNTON B~ACH.FL.~j~3~ AIJ6L,;~T ,t 1 ~ 1 ";:;1:3 I; l r Y OF DF.:i RAY m;~:":tCH 100 N.W. t En AliI:: OELRA)' E~EHCt"'. FL. :'::,:_~44 ,+ ATTN: HOWf'!RD "'" r f;iJ-,.r r:':Aft HOWARD. AS PER OUR PHONE CONVERSATION QN G-17~10~5. t,: E~ : f;'f./MFF.: ,,' F()f'.~', PROJEC1' ..q~-4 ~I. THE FLOf" rrl'~ PERF U~:Mi'oI\ll;t: f<lJNL' In u.... "I' f.)r:r-: fHFa:,~ ~JE1-'::r.~s TO Sf CURE AND MO:5'T' l.HTI.YI:W ,)~'iB W J LL Bf~ l..UMr-'L.EiE /} nL:~~I:-)~'I~', WE SECURE IT. WE WmJLr. i._II<f:: T~l CD,'~r:u~: it: I t-iE (..HJf'-I: f~S F'It:CJP05ErJ r:\l\l\.';' SHQl.t PF;:ClijF OF F'AYMENl !:.iN AU, EClU li..".tL~, N I Hl'~r.) 5Uf~CO!':'U'lCIED toJOFI;: IN LIEU OF THE FLOR.l.I.:('l l-'ERFOf;'M?'I!\lC:: BI,',I.i[,.. I j.: Y U HAVE AN'{ Fur.:l'rlER QL:7~:~'rr (IN:. H_L:::; :)[: 1~;,~!HrL" !'IF ,';'1 .;'~. -.;.~.- ,:'~.I,~ ;~'-. of SlN' '.Rf:~"', sc~n T. '{"'''N PM!S I DENT HOFFI'1ANN' S A I fe: COf\lr~: l'_':'IIW: J N.:::. -...... . -- ,. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tM SUBJECT: AGENDA ITEM i ~F - MEETING OF AUGUST 24. 1993 RESOLUTION NO. 75-93 DA TE : August 20, 1993 This is a resolution assessing costs for abatement action required to board up an unsafe building located on property at 34 N.W. 3rd 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 $66.00 remains unpaid. Recommend approval of Resolution No. 75-93 assessing costs to board up an unsafe building located on property at 34 N.W. 3rd Avenue. '. '.11,' ,. f I I. RESOLUTION NO. 75-93 A RESOLUTION OF THE CITY COMMISSION OF THE' CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES 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 Chapter 165, of the Code of Ordinances, 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 Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of 1 the City of Delray Beach, the Building Official or his designated representative has inspected said land (s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 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 unsafe building and detailed report 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 Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within 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 wi thin 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 au'thority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, ! 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 Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 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 condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Oelray Beach, pursuant to Chapter 165, of the Code of Ordinances 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 i5 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 165.42 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 binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Oelray Beach is 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 assess- ment 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 proper- ty, 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. 75-93 : 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 andothet 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 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 the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1993. MAY 0 R ATTEST: City Clerk t i ! I . - 3 - Res. No. 75-93 '. NOTICE OF ASSESSMENT Date TO: Willie Mae and Days Richardson ADDRESS: c/o Dorothy Reeder 7 Patton St., Iselin, NJ 08830 PROPERTY: 34 NW 3rd Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION: Lots 7 and 8, Block 36, Town of Delray according to Plat Book 5, Page 38 of the official records of Palm Beach County, FI You, as the record owner of. or holder of an interest in, the above- described property are hereby advised that a cost of $66.00 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 7-1-93 that the Building Official has 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 5-6-93 at a cost of $66.00 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 Build~ng Official. BY ORDER OF TilE CITY COHMISSION. City Clerk . .. " .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'r1 SUBJECT: AGENDA ITEM :it <g"(;. - MEETING OF AUGUST 24. 1993 RESOLUTION NO. 76-93 DATE: August 20, 1993 This is a resolution assessing costs for abatement action required to remove nuisances on 25 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. 76-93 assessing costs for abating nuisances on 25 properties located within the City. " "I',' ~ . RESOLUTION NO. 76-93 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 !i OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH : ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF H 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 !I BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- . MENTS. ;j I, WHEREAS. the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- :i tence of a nuisance upon certain lots or parcels of land, described in :1 the list attached hereto and made a part hereof, for violation of the II provisions of Chapter 100 of the Code of Ordinances; and, i WHEREAS. pursuant to Section 100.20. 100.21 and 100.22 of the ii Code of Ordinances of the City of Delray Beach, the City Manager or his I 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 wi thin 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 ,I a hearing pursuant to Section 100.21 and 100.22 within the time limJ.ts :i prescribed in said notice and Chapter 100 of the Code of Ordinances, or III if the property owner(s) did request and receive a hearing. said prop- I erty owner(s) failed and/or neglected to abate such nuisance(s) within I the time designated at the hearing wherein a decision was rendered !I adverse to the property owner ( s); and, 11 WHEREAS, the City of Delray Beach, through the City Administra- ii tion or such agents or contractors hired by the City Administration was Ii 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 I! subject nuisance(s) existing thereon as described in the notice; and. :1 ,I WHEREAS, the Ci ty Manager of the City of Delray Beach has, i pursuant to Chapter 100 of the Code of Ordinances of the City of Delray i' 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, Ii WHEREAS, the City Commission of the City of Delray Beach, II' pursuant to Chapter 100 of the Code of Ordinances desires to assess the il cost of said nuisance (s) against said property owner( s) , " ,I " " = -.. -.- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid wi thin thirty (30) days after mailing of the notice describ~d 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 withi' 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. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8 ) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. I Section 5. That in the event that payment has not been Ii received by the City Clerk within thirty (30) days after the mailing il 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 I I 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 , 1993. I I I MAYOR ATTEST: City Clerk - 2 - Res. No. 76-93 '. - > COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOTS 3 & 4, BLK 72, THOMAS G. MURRAY & $295.44 TOWN OF DELRAY, PB 10, DEBORAH L. 'NOCERA 15.00 (ADM. COST) P 57, PUBLIC RECORDS, 6159 LA VIDA TERRACE (RECORDING) PALM BEACH COUNTY, FL BOCA RATON, FL 33433 (309 S SWINTON AVE) LOT 25, BLK 23, TOWN VIOLA BROWN $163.26 OF DELRAY, PB 10, P 69, 36 S.W. 6TH AVENUE 70.,00 (ADM. COST) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-2534 (RECORDING) ,BEACH COUNTY, FL (SW 6TH AVE) LOT 23, BLK C, RIDGE- R.P.I. MANAGEMENT CORP. $172.00 WOOD HEIGHTS, DELRAY, C/O TOM WALKER 70.00 (ADM. COST) PB 14, P 44, PUBLIC P.O. BOX 110637 (RECORDING) RECORDS, PALM BEACH MIAMI, FL 33111 COUNTY, FL (1106 SW 7TH AVE) LOT 5, BLK 7, OSCEOLA SCOTT & JANE E. LAYMAN $100.00 PARK, PB 3, P 2, WILLIAM & MARILYN HUTCHESON 70.00 (ADM. COST) PUBLIC RECORDS, PALM 225 N.E. 25TH STREET (RECORDING) BEACH COUNTY, FL BOCA RATON, FL 33431 (618 SE 4TH AVE) LOT 6, BLK 7, OSCEOLA SCOTT & JANE E. LAYMAN $ 85.00 PARK, PB 3, P 2, WILLIAM & MARILYN HUTCHESON 70.00 (ADM. COST) PUBLIC RECORDS, PALM 225 N.E. 25TH STREET (RECORDING) BEACH COUNTY, FL BOCA RATON, FL 33431 (622 SE 4TH AVE) LOT 39, DELRAY BEACH GERALD J. SOLOMON $331.76 ESTATES, PB 21, P 13, 17096 NORTHWAY CIRCLE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BOCA RATON, FL 33496 (RECORDING) BEACH COUNTY, FL (2345 N. FED HWY) LOT 2, BLK 22, TOWN OF EDDIE & YVONNE L. ODOM $104.38 DELRAY, PB 10, P 38, 3905 LOWSON BLVD. 70.00 (ADM. COST) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33445 (RECORDING) BEACH COUNTY, FL, (SW 6TH AVE) -3- Res. No. 76-93 '. LOTS 22 & 23, BLK 95, FREDRICK HOFFMAN $102.00 LINN'S ADD TO OSCEOLA 498 HARDWOOD PLACE 70.00 (ADM. COST) PARK, DELRAY, PB 1, BOCA RATON, FL 33431 (RECORDING) P 133, PUBLIC RECORDS, PALM BEACH COUNTY, FL (238 SE 4TH AVE) LOT 53, FAIRCREST YOLLY P. VERZOSA $ 20.00 HEIGHTS AMND. PLAT, 1090 AMSTERDAM AVENUE #7K 70.00 (ADM. COST) PB 42, P 68, PUBLIC NEW YORK, NY 10025 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (2147 SW 36TH TERRACE) , LOT 12, BLK 2, SOUTH- CATHERINE J. JODRICE & $ 73.00 RIDGE, PB 13, P 38, HENRY VATY 70.00 (ADM. COST) PUBLIC RECORDS, PALM 300 STERLING AVENUE (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444 (300 STERLING AVE) LOT 96, TROPIC ISLE, JAMES & ELIZABETH A. GINESI $ 66.00 PB 34, P 23~, PUBLIC 363-A BRICKYARD ROAD 70.00 (ADM. COST) RECORDS, PALM BEACH FREEHOLD, NJ 07728-9668 (RECORDING) COUNTY, FL (SPANISH TRAIL) LOT 12, BLK 96, LINN'S THOMAS S. MC DERMOT $116.00 ADD TO OSCEOLA PARK, 347 S.E. 3RD AVENUE 70.00 (ADM. COST) DELRAY, PB 1, P 133, DELRAY BEACH, FL 33483 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (347 SE 3RD AVE) LOT 2 & N6' OF LOT 3 J. WILSON CORAZON $ 73.00 (LESS W5' RD R/W), C/O CHARLES P.JOHNSON,JR.ESQ. 70.00 (ADM. COST) BLK 74 (OLD SCHOOL 2170 S.E.17TH STREET, STE 204 (RECORDING) 'SQUARE HISTORIC FT. LAUDERDALE, FL 33316 DISTRICT), TOWN OF DELRAY, PB 11, P 12, PUBLIC RECORDS, PALM BEACH COUNTY, FL (239 NE 1ST AVE) E43.16' OF LOTS 7 & 8 G & Z AUTO CARE INC. $223.00 (LESS 528.25' RD R/W) 4525 W. ATLANTIC AVENUE 70.00 (ADM. COST) THEREOF, HIGHLAND DELRAY BEACH, FL 33445 (RECORDING) TRAILER PARK, PB 24, P 213, PUBLIC RECORDS, PALM BEACH COUNTY, FL (4525 W ATLANTIC AVE) -4- Res. No. 76-93 N35' OF LOT 3, BLK D, J. & MARIA URDIALES $150.00 , RIDGEWOOD HEIGHTS, 1107 S.W. 7TH AVENUE 70.00 (ADM. COST) DELRAY, PB 14, P 44, DELRAY BEACH, FL 33444 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (1107 SW 7TH AVE) LOT 13, BELLEHAVEN GREGORY J. HIBBS $204.00 UNIT B, PB 27, P 27, 600 S.W. 4TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM FT. LAUDERDALE, FL 33315-1071 (RECORDING) BEACH COUNTY, FL (343 SW 11TH AVE) LOT 19, BLK 2, ATLANTIC J.D. & EARLINE MONROE $ 39.00 PARK GARDENS, PB 14, 32 EARLE STREET 70.00 (ADM. COST) P 56, PUBLIC RECORDS, HARTFORD, CT 06120-1714 (RECORDING) PALM BEACH COUNTY, FL (39 SW 13TH AVE) S50' OF N300' OF E135' FRANCES L. GERMAN EST. & $ 59.00 OF BLK 13, TOWN OF WALTER WADE 70.00 (ADM. COST) DELRAY, PB 1, P 3, 33 S.W. 1ST AVENUE #1 (RECORDING) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (24 SW 6TH AVE) LOTS 14 TO 16, INC. , ESTERVINA MOREDA $ 69.20 BLK 1, SOUTHRIDGE, P.O. BOX 1953 70.00 (ADM. COST) PB 13, P 38, PUBLIC DELRAY BEACH, FL 33444 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (REIGLE AVE) LOTS 17 TO 20, INC. , ESTERVINA MOREDA $ 73.20 BLK 1, SOUTHRIDGE, P.O. BOX 1953 70.00 (ADM. COST) PB 13, P 38, PUBLIC DELRAY BEACH, FL 33444 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (REIGLE AVE) LOT 29, BLK 1, SOUTH- ROBERT E. ASSANTES & $ 51. 00 RIDGE, PB 13, P 38, FRED WENISCH 70.00 (ADM. COST) PUBLIC RECORDS, PALM 1228 S.W. 4TH COURT (RECORDING) BEACH COUNTY, FL BOCA RATON, FL 33432-7131 (321 STERLING AVE) E'LY225.40' OF N300' D.E. & ANNIE B. GERMAN $ 62.87 OF S330' OF SE 1/4, 103 CLUB MEADOW ROAD 70.00 (ADM. COST) SUB OF SEC. 12-46-42, LANTANA, FL 33462 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (BRANDON DRIVE) -5- Re s. No. 76<<'>93 '. LOTS 23 TO 28, INC. , HAGGERTY ASSOC. PRT. $ 89.20 , BLK 5, SOUTHRIDGE, 101 N. FEDERAL HWY. 70.00 (ADM. COST) PB 13, P 38, PUBLIC BOCA RATON, FL 33432 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (DOUGLAS AVE) N 1/2 OF LOT 13, BLK ETHEL MACKEY $ 39.00 30, TOWN OF DELRAY, C/O SHIRLEY M. WALLACE 70.00 (ADM. COST) PB 1, P 3, PUBLIC 1120 N.W. 64TH STREET (RECORDING) RECORDS, PALM BEACH MIAMI, FL 33150-4231 COUNTY, FL (124 SW 4TH AVE) LOT 17, BLK 2, SOUTH- JEAN & FLEURINA C. PAUL $ 63.00 RIDGE, PB 13, P 38, 320 STERLING AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING) BEACH COUNTY, FL (320 STERLING AVE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDSj DECLARED NUISANCE. -6- Res. No. 76-93 ., . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t1~ SUBJECT: AGENDA ITEM it <6'H - MEETING OF AUGUST 24, 1993 RESOLUTION NO. 78-93 DATE: August 20, 1993 This is a resolution assessing costs for abatement action required to remove nuisances on eight (8) 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. 78-93 assessing costs for abating nuisances on eight ( 8 ) properties located within the City. '. dl ;" . '" .--.- -~-- - RESOLUTION NO. 78-93 A RESOLUTION OF THE CITY COMMISSION O~ 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 wit~ written , notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 i 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 propertYi and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof d~d 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, I .. '. WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance{s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DeLRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid wi thin 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 Lien shall be mailed, along with the Notice of Assessment and this resolution. - 2 - Res. No. 78-93 '. , Section 4, That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8 ) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of as'sessment, 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 , 1993. MAY 0 R ATTEST: City Clerk - - 3 - Res. No.78-93 I I '. COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 17, BLK 23, TOWN OF BERTHA P~ESTON $ 40.00 DELRAY, PB 10, P 69, 1001 W. 3RD STREET 70.00 (ADM. COST) PUBLIC RECORDS, PALM RIVIERA BEACH, FL 33404 (REC. COST) BEACH COUNTY, FL (217 SW 6 AVE) LOT 4, BLK C, WEST HATTIE L. HARDWICK EST. $ 99.00 SIDE HEIGHTS, DELRAY, C/O GEORGE QUAIL 70.00 (ADM. COST) PB 13, P 61, PUBLIC 302 BAINBRIDGE ST #4-C (REC. COST) RECORDS, PALM BEACH BROOKLYN, NY 11233 COUNTY, FL (37 NW 10 AVE) S150' OF E50'~ BLK 18 H. & HAZEL CLEM $ 63.00 (LESS E20' R/W), TOWN 3 SUMMER ST 70.00 (ADM. COST) OF DELRAY, PB 1, P 3, NORWALK, CT 06851-4503 (REC. COST) PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 2ND ST) E100' OF N50', BLK 18 JULIA SCADLOCK $ 45.00 TOWN OF DELRAY, PB 1, C/O LAWRENCE SCADLOCK 70.00 (ADM. COST) P 3, PUBLIC RECORDS, 2621 BOWEN RD SE #104 (REC. COST) PALM BEACH COUNTY, FL WASHINGTON, DC 20020-6649 (248 NW 5TH AVE) LOT 10, BLK 25, TOWN DAVID HARGROVE $ 63.00 PB 5, P 2, PUBLIC 220 NW 4TH AVE 70.00 (ADM. COST) RECORDS, PALM BEACH DEERFIELD BCH, FL (REC. COST) COUNTY, FL 33441-1727 (419 NW 3RD ST) S90' OF Nll0', BLK 21/ DAVID HARGROVE & $ 92.00 LESS W175', TOWN OF MATTIE B. HUDSON 70.00 (ADM. COST) DELRAY, PB 1, P 3, 220 NW 4TH AVENUE (REC. COST) PUBLIC RECORDS, DEERFIELD BCH, FL PALM BEACH COUNTY, FL 33441-1727 (2 SW 5TH AVE) -4- Res. No.7~93 '. - . - LOTS 12-14, INC. & RPI MGMT CORP & $ 68.00 LOT 16, CARVER SQ., HAMPTON RIE, INC. 70.00 (ADM. COST) PB 27, P 55, PUBLIC 1300 BAXTER ST #215 (REC. COST) RECORDS, PALM BEACH CHARLOTTE, NC COUNTY, FL 28204-3053 (SW 2ND CT & SW 2ND TER) LOTS 9 & 10, BLK 6, C. F. JR. & $ 59.00 ATLANTIC GARDENS DELRAY, CYNTHIA M. RIDLEY 70.00 (ADM. COST) PB 14, P 63, PUBLIC 137 SW 12TH AVE (REC. COST) RECORDS, PALM BEACH DELRAY BEACH, FL COUNTY, F'L 33444-1533 (133 & 137 SW 12TH AVE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDSj DECLARED NUISANCE. -5 - Res. No.78-93 '. <. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM # ~ :r - MEETING OF AUGUST 24. 1993 AWARD OF BIDS AND CONTRACTS DATE: August 20, 1993 This item is before you to approve the award of the following bids and contracts: 1. Radio System - Highland Beach Fire Station - Motorola Communications and Electronics, Inc. in the amount of $15,150.31 with funding from Special Project Fund - Other Machines/Equipment (Account No. 115-2313-522-64.90). 2 . Demolition of Old Central Fire Station - Cobra Clearing Corporation in the amount of $11,500 with funding from 1992 Bond Anticipation Note - Central Fire Station (Account No. 227-2311-522-61.56). Recommend approval of the award of the above bids and contracts with funding as indicated. .. . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager ~ FROM: Ted Glas, Purchasing Officer ~~ DATE: August 17, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - AUGUST 24, 1993 - PURCHASE AWARD RADIOS FOR HIGHLAND BEACH FIRE STATION Item Before City Commission: The City Commission is requested to approve the purchase of two-way radio equipment from Motorola C & E, Inc., at a total cost of ~50.31._ Per the Finance Deiartment, funding is from: th~\~n~ . -~y-- ~\f' ( \IS- 013-622.-6,-, .qo ) . Background: Funds are allocated in the FY 92-93 budget to purchase radio equipment. A total of $ is budgeted for this purchase. Two-way radio equipment is available via Palm Beach County School Board Contract #SB-93C-177L. Non-contract items are also quoted with similar discounts from pub lished list prices. (Documentation attached). The Fire Chief has reviewed this contract, and recommends award to Motorola C & E, Inc., per attached memo. Recommendation: The Purchasing Officer concurs with the Fire Chief to award the purchase of various two-way radio equipment to Motorola C & E, Inc. , at a total cost of $15,150.31. Attachments: Memo from Fire Chief Documentation on School Board Contract c: Chief Koen '. Agenda Item. No.: AGENDA REQUEST Date: August 13, 1993 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: August 24, 1993 . Descripti.on of item (who, what, where, how much): Purchase of ,radio system components includin base station, mobile unit and portable radios for use b fire- rescue personnel and vehicles assigned to Town of Highland Beach (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 purchase in the amount of $15,150.31 with funding provided for in the transition budget Code #115-2313-522-64-90. to be paid by the Town of Highland Beach. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). -V~ ~- ~ ~ , Department Head Signature: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~)/ NO (if applicable) Funding alternative .' Account No. & Description: IIS,-2-<;,/?'-S27-.u.'4--QO Hff:tHLANI) prH~OrHEe r1A6H.4 Account Balance: qo,~, (119 CChcIP. City Manager Review: ~pproved for agenda: @/ NO 811 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved " [ITY DF DELIAY BEA[H FIRE DEPARTMENT MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: AUGUST 13, 1993 SUBJECT: PURCHASE OF BASE STATION AND OTHER RADIOS FOR HIGHLAND BEACH FACILITY The acquisition and installation of the base radio console and tone alert system for the Highland Beach Fire station is necessary for the efficient operation of this facility. In addition, several portable and mobile radios are also required. Two Requisitions have been prepared to facilitate this matter. Requisition No. 18519 is for the base console (control) station that activates the station alerting system in order to receive incoming emergency messages. This system is also provided with a back up battery charger so the system will be instantly self supporting in case of power loss. The installation also includes necessary antennas, a maintenance contract, labor cost and various miscellaneous parts for the installation of the speakers, decoders etc. within this facility. The purchase price of this equipment is $7,527.31. Requisition No. 18531 is for the mobile radio that will be installed in the paramedic rescue unit as well as six portable radios and accessory equipment assigned to on duty staff at this facility. Necessary charger units, cases, and the installation charge are included in the total purchase price of $7,623.00. This radio equipment will be paid for by the Town of Highland Beach through Code #115-2313-522-64-90. The total amount for this equipment is $15,150.31. Your concurrence with this request will be appreciated. \t~ IS.~ --.. -- -------~ Kerry B. Koen Fire Chief cc: T. Glas, Purchasing Officer FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRA Y BEACH, FLORIDA 33444 407/243-7400. FAX 407/265-4660 " ~ - '"- _' " -' . . _ '. . .'- August 16, 1993 City of Delray Beach Purchasing Department 100 NW First Ave. Delray Beach, FI. 33444 AUn: Mr. Ted Glas Purchasing Officer Dear Mr. Glas: Attached hereto is the information you requested concerning the pricing on my two quotations for the Fire Dept. dated 7/21 and 7/22. I have included pertinent documents from the School Board bid, and several price pages from our price book for your reference. As I mentioned on the phone, some items do not have a price page reference. For example, item #8, the THN6318 cabinet from the 7/21 quote lists out at $1,067.00. Also, item #14 represents various drop ship items supplied through our service shop from other manufacturers. The nine items listed under item #14 average 30% in discount from list price when we purchased them. From that number, we marked up 1/3 to cover our handling costs, our engineering design costs, etc. I trust this latter will provide the information you desired. Also, our supplying all equipment specified and installing same, will ensure our being able to be responsible for the system, which is an important aspect of the project. Best regards, MOTOROLA COMMUNICATIONS & ELECTRONICS, INC, f?~ it e'~ James D. Carlson Southern Division '. " TEL: Jan 16,04 8:08 No.OOl P.02 f?~ /gDI July 22, 1993 City of Delray Beach Fire Dept. 101 W Atlantic Ave. Delray Beach, FL 33444 Attn: Chief DouQlsa Trawick Dear Chief Trawick: On behalf of Motorola, I am pleased to submit this quotation for the HT600 and MT1000 portable and the Spectra mobile radio. All pricing herein is per the Palm Beach County School Board contract #SB-93C-177L, expiring 3/2/94. Our quotation is as follows: Item Qty Description Unit Price Ext 1 5 H44SVU7160_N. HT600, 6 freq. $689.00 / $3.445.00. . , 4 watts, UHF, rapid charge battery. 1a 5 H90', TOT NC 1b 5 H124, heliflex antenna NC 1c 5 H319, swivel case 35.00 175.00 1d 5 NMN6156, speaker/mic 62.00 310.00 / 1e 1 NTN4666, multi-unit rapid charger. 377.00 377.00 I TOTAL: $4,307.00.. ( 2 H44GCJ7190_N, MT1000, 99 $1,036.00 $1,036.00 I' i '._ \ 1 I' \ \ channel, rapid charge battery. '. TEL: Jan 16,04 8:08 No.OOl P.03 " 28 1 H251 , TOT NC 2b 1 H124, heliflex antenna NC 2c 1 H314, leather swivsrl case 49.00 49.00 ./ 2d 1 NTN4633, single unit rapid charger 50.00 50,00 TOTAL: $1,135.00 ..,Fe-( (2.toY '\ - r \JAU 3 1 TA4FW, Spectra mobife for EMS $1,496.00 $1,496.00 \)c \/ :l. r 3a 1 079W, 110 watts/UHF 375.00 375.00 . I 3b 1 loatsll 310.00 310.00 . TOTAL: $2,181.00 All prices are firm until 3/2194. Terms are net 30 days. Shipment is fob destination. Delivery can be made in 2-3 weeks from receipt of order at our office. Thank you for this opportunity to provide Motorola products and services. I look forward to serving you and the City of Defray Beach. RespectfUIIY'J 6- ~-~ 39 es D. Carlson ' MOTOROLA COMMUNICATIONS & ELECTRONICS, INC. Southeast Division '. .- ILL" Jd.11 l--"ULl lLl-4U HU.UUL t-'.UL ~ . Eeq 1'65l? JUly 21. 1993 City of Oelray Beach Fire Department 101 W. Atlantic Ave. De/ray Beach. florida 33444 Altn: Chief Douglas Trawick Dear Chief Trawick: Following is our quotation for equipping the fire station to support the Highland Beach community. The control station will consist of the Spectra radio mounted in a desk top enclosure. It will have a power output of 20-40 watts. The control station will be local control with a desk mic provided. Additionaly, the control station will have a decoder module in it that will decode your alert codes and activate a relay output to control your station speakers for audio messages. This station will have emergency battery back-up constantly trickle charged so as to be fully charged at all times. This station will transmit through a ''Vagi'' antenna which shall be mounted on the side of the building near the roof line level. ~ The "Mintter II" alert monitor will be installed in a Campa cabinet. A vehicle charger will also be provided for 12 VOC connection and for an external antenna hook-up. The Minitor will be equipped with dual call capability, and will interface with a relay output to control the Klaxton alert unit. Items 1-13 are Motorola manufactured. Items 9-11 are per bid #SB-93C-177L for the Palm Beach County School Board dated 3/3/93, good until 3/2/94. All other Items are non-manufactured drop ship items from other suppliers. The antenna, fine, audio/alert system, miscellaneous items, are provided in the installation. Our priced equipment list follows. Item Qty Description 1 1 H04UMC1222_C, "Minitor W. alert monitor receiver $401.00 " ~to l 2 frequency. \, 2 1 R521 , omit second frequency ..40.00 ) 3. 1 R522, express 5 year maintenance 35.00 '. . --' ....... U.l 1 ..l- --./ , ,-.I~-t J..''''' ~ --"".i- j l U . V' '-' ~ I . V vi - 4 .1 R87, service manual . no charge 5 1 R97,duatcall 18.00 6 1 R690, vehicle charger, amplifier, relay deck. 76.00 '.. 7 1 NRN5030, vehicle lock kit 14.00 8 1 THN6318, campa cabinet with 19" vertical rails, 776.00 front and rear doors, vented doors. S\3<?>\n . 9 1 L99zx, Spectra control station, 470-512 MHz, 1 95000 '" _ \ ,,11.-- 20-40 watts, with desk mic, decoder module, and I . \. ~q~ relay output 10 1 346L, UHF final amplifier, 20-40 watts 525.00 11 1 L28, battery revert and trickle charge. 56.00 12 1 6881081 E65, manual 9.95 13 1 6880101 W39, manual 9.95 Items 1-13 Equipment Cost: $3,830.90 14 1 Miscellaneous items as fisted below a. Dual code decoder $350.00 '-b--:- 40 i:tIIIFJ nr batter)L. .~ c. RG8u Tx line, with connectors, 70' 68.60 d. AC surge protector 100.00 e. 10 dB gain 470 MHz yagi antenna, quantity of two 645.12 f. seven wall mount public address speakers 53."3 ~ ~"- 373.33 g. audio cable 294.00 h. auto reset (for PA alert) 235.00 i. Klaxon unit 120.36 Item 14 Equipment Cost ~ S ~ \ q "', o.t , I 15 1 Install: $1,510.00 '. ~ """"., ~~' I '" . ~ , ,~ "'-' ~ '-' ',-,' "'- . ~ v.., ~ I..- L- . . ~ In addition to supplying the hardware and installation of the above equipment, the dispatch consoles will be reprogrammed to accommodate the new station. All prices are firm for 90 days. Terms are net 30 days after shipment. Delivery can be made in approximately 12 weeks from receipt of order. Shipment is fob ., destination Thank you for this opportunity to propose Motorola products and services to meet your communication needs. I look forward to serving you. Respectfully, J ~~4.J L, ~tn . James D. Carlson MOTOROLA COMMUNICATIONS & ELECTRONICS, INC. Southeast Division '. . MEMORANDUM TO: David T. Harden. City Manager THROUGH: Robert A. Barcinski. Assistant City Manager FROM: Ted Glas. Purchasing Officer :;/J- DATE: August 17. 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - AUGUST 24. 1993 - CONTRACT AWARD DEMOLITION OF OLD CENTRAL FIRE STATION Item Before City Commission: The City Commission is requested to award a contract for the demolition of the old central fire station to Cobra Clearing Corporation. at a cost of $11.500. Per the Finance Department, funding is from: ~'C-e ~ c:).~ 1-;13 \1- ~ ~ -(p \ . s:b ,~~~~C~V\~\ ) . Background: Funds are allocated in the FY 92-93 budget for this work. A total of $ is budgeted. Scope of Service: Demolition of cbs structure (Central Fire Station) including slabs and driveways. Code Enforcement Division will handle sign-offs for utility disconnects before contractor starts work. Competitive quotations were received from four (4) contractors on August 04. 1993. (Quotation Requests were solicited instead of bids because of an earlier estimate under $10,000. Quotation Request 111653. Documentation on file in the Purchasing Office.) A tabulation of quotations is attached for your review. The Code Enforcement Administrator, and the Community Improvement Director have reviewed the quotations, and recommend award to Cobra Clearing Corporation. This firm has performed acceptable work for the City in the past. Cobra understands the work must be completed between September 15, 1993 and October 15, 1993, as instructed by the City. Recommendation: The Purchasing Officer concurs with the recommendation to award to Cobra Clearing Corporation at a total cost of $11,500. Attachments: Tabulation of Quotations Memo from Community Improvement c: Lula Butler '. .. " , Agenda I tern No. : AGENDA REQUEST Date: August 13, 1993 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: Al1gl1Rt 24.1993 Description of agenda item (who, what, where, how much): Contract Award - Demolition of Old Central Fire Station ORDIHAHCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Aw,qrd to low qllotation submitted by Cobra Clearing Corporation ~t ~ co~t nf $11.~00 00 ~ (~~ ~~/I4~ ~ / Department Head Signature: f!:Jli ,,1<13 Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involvinq expenditure of funds): Funding available: ~ NO Funding alternatives: . (if apPliNable). '. Account No. & Description: ;;1-.1- L.311- S 7,2 . {)r=sz; 13.A,N. Ce f{2AL- ri~r:; ,-~A . Account Balance: '7-],:;;):~a,. r City Manager Review: Approved for agenda: {!J/ NO lJ711 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. ~ . M E M 0 RAN DUM TO: Ted Glas, Purchasing Officer THRU: Lula Butler, Community Improvement Directo~b FROM: Richard Bauer, Code Enforcement Administrator ~ SUBJECT: VENDOR SELECTION RECOMMENDATION FOR DEMOLITION OF 101 WEST ATLANTIC AVENUE (FIRE STATION); QUOTATION REQUEST NO. 1653 DATE: August 5, 1993 I recommend that Cobra Clearing Corporation be selected to demolish 101 West Atlantic Avenue. Cobra was the low bidder at $11,500 and since all contractors bid against the same specifications, I recommend them for the job. Cobra, if awarded the bid, should understand that, at the current time, demolition must occur between September 15, 1993 and October 15, 1993. RB:mh '. . . CITY OF DURAY BEACH TABUlATIai OF BIDS Quotation Request #1653 Demolition of Old Central Fire Station I Cobra Clearing Thomas B. Pete's Trucking K & K VEHOCR : Corp Cushinl!: Demo & Demolition Wrecking Corp. TOTAL BID PRICE $11,500.00 $12,400.00 $13,494.00 $14,800.00 CCl'F'LETIai TIME 6 days 5 days 15 days 15 days CCM1EHTS/ EXCEPTIaiS '. .. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER eM SUBJECT: AGENDA ITEM # '1A - MEETING OF AUGUST 24. 1993 REPORT OF APPEALABLE LAND USE ITEMS DATE: August 20, 1993 This item is before you for acceptance of the report of decisions made by the various development related boards during the period August 9, 1993 through August 20, 1993. The following actions were considered during this reporting period: Planning and Zoning Board: -Approved a master plan modification to the Clearbrooke Subdivision to allow the addition of 14 zero lot line single family units (4-1 vote). Site Plan Review and Appearance Board: -Tabled the architectural elevation plan (neon light) for Ellie's Deli. -Approved landscape plan modification for perimeter fencing and access gate onto Germantown Road for Spring Harbor. -Approved landscape plan modification (perimeter fence without barbed-wire) for Foreign Car Engineer. -Approved the architectural elevation plan (collection station) for the Gulfstream Goodwill Collection Station. Historic Preservation Board: -Granted a Certificate of Appropriateness associated with facade changes for Scott House. A detailed staff report is attached as backup material for this item. ,. ',I'l .. il< E.'~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~D T. HARDEN, CITY MANAGER ... L OL_tW ~ uacS- THRU: D ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING 1 ~ {l~/h/tA r;'"' .... /.~ FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF AUGUST 24, 1993 REPORT OF APPEALABLE LAND USE ITEMS AUGUST 9, 1993 THRU AUGUST 20, 1993 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of August 9, 1993, through August 20, 1993. 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 pro v ides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. '. .. City Commission Documentation Report of Appealable Land Use Items August 9, 1993 thru August 20, 1993 Page 2 PLANNING AND ZONING BOARD MEETING OF AUGUST 16, 1993 A. Approved a master plan modification to the Clearbrooke Subdivision, which is located on the west side of Homewood Boulevard, south of Atlantic between Lago Del Rey and Woodlake Subdivisions. The modification is associated with the addition of 14 zero lot line single units (Vote 4 to 1) . No other appealable items were considered by the Board. The following agenda items which were considered by the Board will be forwarded to the City Commission as separate agenda items. * Recommended approval (5 to 0), of a rezoning request from Multiple Family Residential-Medium Density (RM) to Planned Residential Development (PRD) of a Portion of Lago Del Rey * Recommended approval (5 to 1), of a conditional use request to allow the establishment of a lumberyard in the MIC District for Causeway Lumber Company, located on the north side of West Atlantic Avenue, east of the E-4 Canal. * Recommended denial (5 to 1), of a LOR Text Amendment to add "Wash Establishments or Facilities for Vehicles" as a conditional use in the CBD Zoning District. * Recommended (5 to 0) that the City Commission forward a request to deny on the County Rezoning Petition (AR to RTU) to accommodate a Communication Tower, north of Country Manor. * Reviewed and commented on the ORC Report for Plan Amendment 93-1. This item was forwarded to the City Commission on a 4 to 1 vote. * Decided not to make a determination of similarity of use, and instead recommended a LOR Text Amendment to add Cemeteries to the Community Facilities District as a permitted use (Vote 6 to 0). SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF AUGUST 11, 1993 1- Tabled the architectural elevation plan (addition of neon lighting to the fascia of a restaurant) for Ellie's Deli, located on the west side of North Federal Highway, south of Gulfstream Boulevard (Vote 6 to 0). 2. Approved landscape plan modification for perimeter fencing and gating of the access unto Germantown Road for Spring Harbor, located on the west side of Congress Avenue south of Linton Boulevard (Vote 6 to 0). 3. Approved landscape plan modification (perimeter fence, without barbed-wire) for Foreign Car Engineer, located on the west side of Congress Avenue, north of Atlantic Avenue (Vote 6 to 0). 4. Approved the architectural elevation plan (collection station for Goodwill) for the Gulfstream Goodwill Collection Station, located on the west side of South Federal Highway, north of the C-15 Canal (5 to 1). '. " City Commission Documentation Report of Appealable Land Use Items August 9, 1993 thru August 20, 1993 Page 3 No other appealable items were considered by the Board. However, the following agenda item required Board action. * Denied the business sign for Baskin Robins, located at 14860 S. Military Trail. HISTORIC PRESERVATION BOARD MEETING OF AUGUST 18, 1993 x. Granted a Certificate of Appropriateness associated with facade changes for the Scott House, 19 Andrews Avenue (Vote 4 to 0). No other appealable items were considered by the Board. However, the following agenda item required Board action. * Accepted an application to nominate 622 N. Ocean Boulevard to the Local Register of Historic Places (Vote 6 to 0). RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map '. LOCATION MAP FOR CITY COMMISSION MEETING OF AUGUST 24. 1993 L-.JO CANAL - LAKl IDA lOAD I Lr-' ...IST SWIST r""'" L._ B LaWSON IOUI.[\IARD o i I I c:. >- , I ~ I ... :i .!. .~~~~-,_._._,_.~-,-,_._._~--- -- L-JI CANAL CITY LIMn -- S.P .RAB. ITEMS: P. & z. ITEMS: L lMLE J 1. - ElUE'S DELI A. - CLFARBROOK I 2. - SPRING HARBOR SCALE J. - FOREIGN CAR ENGINEERING .... - GUFSTREAM GOODWILL N COLLEcnON STATION H.P.B. ITEMS: - x. - SCOll HOUSE CITY OF DnRAY BEACH, FL PlANNING DEPARTNENT " '. . ' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM i CfB - MEETING OF AUGUST 24. 1993 RECOMMENDATION TO PALM BEACH COUNTY BOARD OF COMMISSIONERS DATE: August 20, 1993 This item is before you to request that the Palm Beach County Board of County Commissioners deny the rezoning and conditional use petitions to establish a communication tower on property situated in the City's Planning and Service Area (Country Manor). The proposal is to rezone the entire 5. 1 acre parcel of property currently zoned AR (Agricultural Residential) to RTU (Residential Transitional Urban) with a concurrent conditional use to accommodate a 150 foot commercial cellular communication tower on .70 acres at the northeast corner of the site. There are no plans to develop the remainder of the site at this time. While the City is not the decision making authority, the Commission has previously denied a similar request for a communication tower within the City's incorporated boundaries. It is therefore appropriate that the City forward a recommendation to the County as the proposed site is within the City's Planning and Service Area and as the proposal itself conflicts with the City's Comprehensive Plan. The Planning and Zoning Board at their August 16th meeting recommended that the Commission make a formal request to the Board of Commissioners for denial of the proposed rezoning and conditional use petitions. A detailed staff report is attached as backup material for this item. Recommend the City Commission make a formal request to the Board of County Commissioners for the denial of the proposed rezoning and conditional use petitions with regard to the establishment of a cellular communication tower at Country Manors. .. _II'" .. , cK tlfY1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: HARDEN, CITY MANAGER ~(lP'Z- AND ZONING FROM: SUBJECT: MEETING OF AUGUST 24, 1993 REQUEST TO THE BOARD OF COUNTY COMMISSIONER TO DENY A COUNTY REZONING PETITION (AR TO RTU) AND ASSOCIATED CONDITIONAL USE APPLICATION FOR A COMMUNICATIONS TOWER ACTION REQUESTED OF THE COMMISSION: The action before the City Commission is that of requestinq that the Palm Beach County Board of County Commissioners DENY a rezoning and a conditional use petition which would allow a communications tower on property situated in the City's Planning and Service Area. The project site is located north of Country Manor, between Military Trail and Barwick Road (see location map) . The subject property is under the jurisdiction of Palm Beach County, but within the City's Planning and Service Area. BACKGROUND: A request for accommodating a communications tower is being processed through the County. This request is similar to that which was rejected within the City limits two years ago (Holland property rezone to CF, Bell South applicant). The proposed site is witb~several hundred feet of the City boundaries. For a more detailed background description and project analysis, please see the attached Planning and Zoning Department Staff Report Memo. Presently, this item is scheduled for consideration by the County Zoning Commission on September 2nd. The item is before the City Commission so that a formal position may be communicated to the County Zoning Commission. '. " City Commission Documentation County Rezoning Petition--Bell South Communications Tower Page 2 PROD MEETING: This subject was discussed at a PROD (Progressive Residents of Delray) held on Monday, August 16th. Hugo Unruh, agent for Bell South was present. He stated that the tower design would be changed from the standard three-sided tower to a monopole structure, with the communications apparatus at the top. PROD has take a position in opposition to construction of a tower at the proposed location. The general feelings were that the tower would be too close to existing residential areas and that if this tower is allowed, other towers and obtrusive uses would be allowed also. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 16, 1993. Public testimony taken during the meeting was in opposition to the tower. The Board voted 5-0 (Currie and FeIner absent) to recommend that the City Commission make a formal request to the Board of County Commissioners for denial of the proposed rezoning and conditional use petitions, based upon the proposal's inconsistency with the City's Comprehensive Plan Policies regarding the preservation of stable residential neighborhoods. Further, the Board noted that such an action was consistent with the City's action on a similar request in May of 1991. RECOMMENDED ACTION: By motion, make a formal request to the Board of County Commissioners to DENY the proposed rezoning and conditional use petitions to accommodate a cellular communications tower pursuant to the recommendation of the Planning and Zoning Board. Attachment: * P&Z Staff Memos & Location Map T:TOWERCC.DOC '. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: AUGUST 16, 1993 AGENDA ITEM: IV.A. REVIEW AND RECOMMENDATION ON COUNTY REZONING PETITION (AR TO RTU) TO ACCOMMODATE A COMMUNICATIONS TOWER, NORTH OF COUNTRY MANOR ITEM BEFORE THE BOARD: The item before the Board is that of forwarding a recommendation to the City Commission on a proposed rezoning and conditional use petition for property that is currently within the City's Planning Area but under the jurisdiction of Palm Beach County. The property is proposed to be rezoned from AR (Agricultural Residential) to RTU (Residential Transitional Urban) with a concurrent conditional use to accommodate a commercial (cellular) communications tower. The subject property is located north of Country Manor, between Military Trail and Barwick Road (see location map). Currently, the site is vacant with no improvements. BACKGROUND: In July, 1993, the City's Planning Department received notice of a petition coming before the Palm Beach County Zoning Commission and Board of County Commissioners for action in August 1993. The petition was for case Z/CA93-20, which is a rezoning and conditional use request by Bell South Mobility to accommodate the above described cellular communication tower. Bell South has since received a postponement of the item to the September 2nd Zoning Commission meeting. They have indicated that they may seek a further continuation from the Board. On July 21st a Planning and Zoning Department Memo (copy enclosed) was sent to area homeowners associations that represent residents who might be affected by this action. With respect to the subject of communication towers, a similar petition was considered by the City in 1991, for property located within the City's jurisdiction. In May, 1991, the City received a petition to rezone a portion of the Holland property, located south of Linton Boulevard and east of Military Trail adjacent to the BocaRey Plaza, from POC (Planned Office Center) to CF (Community Facilities). Accompanying the rezoning request was a conditional use petition to allow the construction of a 150' Bell South communication tower. IV.A. '. P & Z Board Memo Staff Report County Rezoning Petition--Bell South Communications Tower Page 2 The rezoning and conditional use requests were heard at the June 17, 1991 Planning and Zoning Board Meeting. A recommendation of approval was made for both petitions by a vote of 5-2 (Krall and FeIner dissenting). The City Commission heard the rezoning and conditional use petitions at its June 25, 1991 meeting. During the rezoning hearing several residents expressed concerns over the proposed location and height of the tower, in that it would be visible from established residential neighborhoods. Based on these concerns, the Commission denied the rezoning by a vote of 4-1 (Mouw voting for approval) . The conditional use petition was not heard by the Commission due to the vote to deny the rezoning. PROJECT PROPOSAL: The applicant, Bell South Mobility, is proposing to rezone the entire subject parcel (5.1 acres) from AR (Agricultural Residential) to RTU (Residential Transitional Urban) . Also proposed is a conditional use request to locate a 150' commercial communications tower to be used for cellular phone transmission on .70 acres at the northeast corner of the site. There are no plans to develop the remainder of the site at this time. The reason stated for the use request is as follows: "The overwhelming public response and demand for the convenience of mobile communication continues to create the need for a network of receiving and transmitting antennae within all areas of Palm Beach County. The network of towers and supporting antennae is an essential component of the system, as well as the particular location and height of the tower. This is a critical element in the transfer of the signal as the mobile unit travels thru the network." ANALYSIS: The location within the City's jurisdiction where Bell South had proposed the previous tower is adjacent to uses that are primarily commercial. However, the opposite is true for the current Bell South proposal within the County's jurisdiction. The surrounding area has a City land use designation of RR (Rural Residential) and a County land use designation of MR-5 (Medium Residential--5 units/acre). The proposed County zoning for the overall parcel within which the tower site will be located is RTU (Residential Transitional Urban) , which is essentially a single family zoning district (see attached description of allowable uses) . The surrounding County zoning classifications are RTU and AR (Agricultural), and the property immediately to the south of the site, within the City's jurisdiction, is zoned RM. '. P & Z Board Memo Staff Report County Rezoning Petition--Bell South Communications Tower Page 3 In terms of existing development within the surrounding are, the multiple family development Country Manors is to the south, there are numerous single family developments to the east (including the Sabal Lakes Subdivision), and there are a few single family homes located just north of the proposed site. Future single family development can be anticipated in the RTU zoned property located in the County's jurisdiction. A 150' tower will be clearly visible from existing and future residential developments within the surrounding area. It is likely to have a significant impact upon the type and quality of any future development that takes place on the larger RTU parcel of which the tower site is a part. The City has several objectives and policies within its Comprehensive Plan which are intended to ensure the continued viability of its residential neighborhoods. Future Land Use Element Objective A-2 and Policy A-2.2, and Housing Element Policies A-1.4 and A-2.4 are directed toward preventing and eliminating uses which are inconsistent with adjacent land uses, particularly those that would create an incompatibility with areas that are classified as "stable" on the City's Neighborhood Categorization Map. All of the residential neighborhoods located within the City's jurisdiction and in the vicinity of the proposed tower location are classified as "stable." This proposal conflicts with the objectives and policies of the Comprehensive Plan regarding the protection and preservation of those areas. ASSESSMENT: While the City is not the decision-making authority on this issue, the site is within the City's Planning Area and it is appropriate that the City forward a recommendation to the County on this matter. A 150' cellular tower is an inappropriate land use at this location, as its visual impact will be detrimental to the existing surrounding residential properties. In addition, it is likely to detract from the quality of future residential development that will eventually occur in the surrounding area. The proposal is inconsistent with the City's Comprehensive Plan Policies regarding the preservation of stable residential neighborhoods, and the elimination of incompatible land uses. '. P & Z Board Memo Staff Report County Rezoning Petition--Bell South Communications Tower Page 4 SPECIAL NOTICE Special Notice of this proposal has been provided to the following persons representing homeowners associations and citizens groups: * William Brose, Country Manors Homeowners Association * Dr. Art Jackel, United Property Owners * Helen Coopersmith, Progressive Residents of Delray (PROD) * Jean Miner, Delray Beach Council of Communities RECOMMENDED ACTION: By motion, recommend to the City Commission that a formal request be made to the Board of County Commissioners for denial of the proposed rezoning and conditional use petitions to accommodate a cellular communication tower, based upon the proposal's inconsistency with the City's Comprehensive Plan Policies regarding the preservation of stable residential neighborhoods. Attachments: * Location map * Description of uses allowed in County RTU zoning district * Department memo (Special Notice) Report prepared by: Steven E. Taylor, Planner Reviewed by DJK on: Auqust 11, 1993 TI SSTOWe:R. DOC '. .. ..J \ I I I~ - .c ~r EEEfHm ~ I" '/ \. SUNRISE 8CM.!VAIlD I 1 I TO WER I SAII.li I.NCD ItOAD _ SITE l!! 1 ~ -1 :::i Q ~ oC( \ u 0 I I Q:: . lWOOIl ROAD >- I~ I.' tILL . !AI: IE :I ~ CANAL -. . . . . . .... CANAL. ~ A " 1./ Y tJ~~\~ -- 1 - "" ~II ~ ~ 0 ~,T ~ @ ~ 0 r ~ _ II ~ I"""" (j I' i~ I r ^- ~ r CtlUNlWT _Ii IllWl [ ~ ~O ~L~a OQ ; ~ o ~~ 0 ~ 0 In L A K E IDA R 0 A 0 .....,.\ Bll I I J !OIDJJ:P~ \ -\ I I - '" w.'1II . ,~ I ~ ~ I I I I I; I ,...-1-- _ =_ \1 ~ / I-- ----' I-- f-- __ ~ r-- >-- .-- - f-- -- . .....-'" - -- I ~ I-- - ~ - i- - >---< J. L [ ,== · == o~ . ~ / ~t\~7 ~ w - I ~ 1 7. . C1 ~,/'" rrw. '!l'IIl CT. ~Vfl eN llIEJI ~ \ / I I I I I \ I I I I I I riff -sT. I I BELL SOUTH MOBILITY , I It IlL.. 41H ST. '. RESIDEN1~IAL TRANSITIONAL URBAN DISTRIC1' (RTU) n. RTU distnct C<<rUpond. wl\h ~ Mt4ivm Jh~J S ()J)J) lad .... ...~ ill lb. f'vlu1T lAnd U.e E1M1~ of doe Con>prcJacm:vo 11oa. n.. . fon(lf'lo{~ Il..,..no 1\1~1<<1 \0 \be flurplt1nnltllY UK .Wlw-.s. u iD6;.;~.d .. Scc1joa 6.'.0. PER:MITTED USES: CONDITIONAL USE, CLASS B: Con&.re~ato livin, facility, Typo 1 NONE OlU'age ~o Homo occupation CONDITIONAL USE, CLASS A: Slogle-flUUlly SPECIAL USES: Cemet6ry Chur~ or place of worabip CommunicatloD tower, oommcrcial Accenory dwellina Day car. c.nw. IImlttd Air cu.tain iJ)ciacrator, temporary lilKtrical power facility Bed and Brenkrut Golf oourN Rtcycllog drop off biJ1 Government ~rvjce. NUrADl or cODvaletcent (acility PERMITTED SUBJECT TO DRC Park. public SITE PLAN: Scbool, elementary or MCODWY Solid ~te tI1lnI(or ltalion Water or Wa5towat6r Park. PQsivo .. Townhouse Utillty, minor Zero lot Une born' PROPERTY DEVELOP~mNT REGULATIONS ldINIMUM LOT DIMENSIONS: MIr-1MUM BLDG. SETBACKS: (Measured from the Buo BJde. LiD. [SKt. 6.S.GD Size: 10,000 .f Width: 85 feet FroDt: ZS fc~t Depth: 90 (~t Sid.: 10.5 feet Street: 10.S r..t MIN. DENSITY: 3.0 Rear: 20 feet MAX. DENSl1Y: 4.0 MAX. FAR: .35 MAX. BLDG. HElGHT: 3S feet MAX. BLDG. COVERAGE: JS~ . EXCEPTIONS TO PROPERTY DEVELOP1\ffiNT REGULATIONS 1. Previously created ru'odiviJioQl (prior to February Sf 1973). 2. At(eSSQry 5tructure!: An accusory buildin& ita the RTS and RTU diatricts ma)' bo located . mlnJmum o( 10' from the lido interior Jot line. Permitted acussor)' U5eS include satellite dish.., utility sheds, or detacbed gar-lei. 11W dOW~Dlls pro'1d~ u . ,.dC"IlCC ror alllrwlbl. aUII &lid Mstc dr>-noperal ~tnu.t1Il1 ..1thl. tat) tolllDllIltlrld. The .,tt" c.lIc"r'ltd to ref... to Ih. _",..".111. ....'1".. ."... N. t..,1I e..ll, l.N..I).......~ c..s. h,.......n... l.r.r..Il.a, l"Clquh~ID"s. ueS .ptdRc aN ",,,..a.,,.. '. J,' , ; , I I ! .-.. - ;, . . , I" . " 1'1 .:. li\ JUL 2 7 1993 Jil , PLANNING AND ZONING DEPARTMENT MEMO l~~i~~ u ~.U ------------...-----------..- TO: ~~RIBUTION LIST \" ~~~ FROM: 0 J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: JULY 21, 1993 SUBJECT: COUNTY REZONING TO ACCOMMODATE COMMUNICATIONS TOWER We have received notice of public hearing regarding a change in zoning from AR (Agricultural Residential) to RTU (Residential Transitional Urban) to accommodate a communications tower. The public hearings are scheduled as follows: * At County Planning and Zoning Board, 9:00 a.m., Thursday, september 2nd, @ 6th Floor, County Administration Center, West Palm Beach. * At Board of County Commissioners, 9:30 a.m., Thursday, September 23, 6th Floor, County Administration Center, West Palm Beach. The proposed location for this project is north of Country Manor, between Military Trail and Barwick Road. Please see the enclosed location map. The site is within the City's Planning and Service Area but is still under the County's land use jurisdiction. The tower is described as a 150 foot communications tower to be used for cellular phone transmission. Our staff is gathering information on the proposal. Steven Taylor is our staff person who is assigned to it. You may contact him at 243-7040 for more information. The County Planning Staff contact person is Julio Dumas. He may be contacted at 233-5219. DISTRIBUTION LIST: * William Brose, President, Country Manors Homeowners Association * Dr. Art Jackel, Chairman, United Property Owners * Helen Coopersmith, President, Progressive Residents of Delray (PROD) * Jean Miner, President, Delray Beach Council of Communities '. " . <.r otlntfty lD0n01lS ASS 0 C I A T ION, INC. August 13, 1993 Planning, Zoning ~ Building Commission 3400 Belvedere Road West Palm Beach, Florida 33406 Re: Zoning Petition Z/CA 93-20 Dear Commissioners: I am the President of Country Manors Association, Inc., a Home Owners Association of 440 Units with a population of approximately 650 persons. I am writing on behalf of the residents concerning the proposed change in Zoning to accommodate the erection of a Communications Tower by Bell South Mobility, on a parcel of land that abuts our property to the North. According to the application, "The structure has a proposed height of 165 feet above ground level......This gives an overall structure height above mean sea level of 183 feet. " At a meeting of the Board of Directors held on August 12, 1993, at which meeting a quorum was present the following RESOLUTION was adopted: BE IT RESOLVED that the proposed change in zoning from Agricultural/Residential (AR) to Residential/ Transitional/Urban (RTU) on said site as requested by Bell South Mobility for the purpose of establishing a Communication Facility will have an adverse impact on our Community and our quality of life; That the compatibility of the proposed change in zoning to accommodate the proposed Bell South Mobility Tower, with the adjacent land uses 1. e. private residences of Country Manors and other I oc a I residential developments is non-existent and will e f f ec t the quality of life and the value of property; The above RESOLUTION was unanimously adopted at the Board Meeting of August 12, 1993 and has not in anyway been mod i f i ed or rescinded but is in full force and effect. Very truly yours, . LJ,t~ident Board of Directors' . '" ,. o . 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'9119na23 ,"',.......................................... ..1. :,. :.:.:.:.:.:.:.:.:.:.:. :.:.:.:. :.:.:. :.:.:. :.:.:.:.:+ :.:. :.:. :-: .:.:.:. :.:.:.:.:. :':.:':':'.. , .............................................Mi. . . . . . . . . . .... . . . . . . ..... . , . a "1. r " . . . . . · . . . e..: . . . . . . . . . . . . . . , ~ I.' . le "I '", ,. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Z1f'v1 SUBJECT: AGENDA ITEM ~ 9c- - MEETING OF AUGUST 24. 1993 REOUEST FOR CONDITIONAL USE APPROVAL DATE: August 20, 1993 We have received a request for conditional use approval to establish a lumberyard (Causeway Lumber Company) on the north side of West Atlantic Avenue, between Congress Avenue and the E-4 Canal. The development proposal is to establish a lumberyard and lumber distribution facility for Causeway Lumber Company. The lumberyard will serve as the Causeway's Palm Beach County distribution facility and will be used to store and distribute building material products such as lumber, mill work and hardware. There are two 5,000 square foot structures on the site. The cinder block/stucco structure will house administrative offices and a showroom and the metal building will be used for storing perishable building materials in bulk form. Slightly more than one acre will be used for the storage of lumber. The business as described by the applicant will be limited to delivery (90%) and pick-up (10%). The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The site has been vacant for three years and somewhat neglected. The -improvements which will need to be made to the site will greatly improve the appearance of the property. At their August 16th meeting the Planning and Zoning Board recommended approval of the conditional use request (5-1 vote) , subject to conditions. A detailed staff report is attached as backup material for this item. Recommend approval of the conditional use request to establish a lumberyard (Causeway Lumber Company) on the north side of West Atlantic Avenue, between Congress Avenue and the E-4 Canal, subject to the conditions recommended by the Planning and Zoning Board. C~~ tc: 9fq/93 " MON 210:17 p.a2 AUG-23-93 . .1- i clo ~ Causevvay I 0\.0 U,S, .,. 8ONI'T" Sl'AINCI5. FLORIDA MAlUNQ AClOFlESS P,O lOll 1711, BONITA SPtllINCI$, ~~C)(IIlID.A ~31611 I' 'l'Illh t :l4, 1993 II I ,I II { , Dominguez (. I I '/ or Delray Beach I' I .1/111 i lIg An<.1 Zoning 1Il'd I Diane: I>uc to bU$iness concerns which have called me out 01 llJWII, j .till unfort.unately unable tv attend the meeting scheduled i" ' I (J I ~. the Delray City Commi::;sion for this evening. In addition, we also have some issues we would lik~ 1(, I,ldl ('tH. with your staff before appearing before the comrni h1, I (1I}. Your cooperation in our efforts l>as been most apprec I" \ I V(' lI,d WI' look forward to the meeting of September 7 . v', I 'J' 't' l' U 1 Y 'lours, If /r. ~ . '/ ,~ '(~ .,-.-/ ~1. ~;I_.ut t Whidden i', t"; i dl~nt " '. ';\ . (...." I ('jv'1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~~D T. HARD~~, CITY MANAGER ... '\ ~ l\V ',', i ~ '.>I -' '~, l(' ~h ~,---^'- '-~ '--.J " " THRU: DAVID J. KOVACS, DIREtToR DEPARTMENT OF PLANNING AND ZONING FROM: A. COSTELLO SUBJECT: MEETING OF AUGUST 24, 1993 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A LUMBERYARD FOR CAUSEWAY LUMBER COMPANY ON THE NORTH SIDE OF W. ATLANTIC AVENUE, BETWEEN CONGRESS AVENUE AND 'THE E-4 CANAL, APPROXIMATELY. 700 FT. WEST OF CONGRESS AVENUE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Conditional Use request to establish a lumberyard on a parcel of land zoned MIC (Mixed Industrial and Commercial). The subject property is located on the north side of West Atlantic Avenue, between Congress Avenue and the E-4 Canal, approximately 700 ft. west of Congress Avenue, and contains approximately 2.15 acres. BACKGROUND: Causeway Lumber Company is seeking to establish a lumberyard and lumber distribution facility at the property formerly occupied by David Jones Builder, Inc. (general contractors). The site was vacated by David Jones in 1990 and has since remained vacant. The lumberyard will serve as Causeway's Palm Beach County distribution facility and will be used to store and distribute building material products such as lumber, millwork and hardware. The existing 5,000 sq. ft. c.b.s. structure will house administrative offices (4,000 sq. ft. ) and a showroom (1,000 sq.ft.). The existing 5,000 sq. ft. metal building will be used for storing perisllable building materials in bulk form i.e. nails, roofing products, doors, bag goods, etc. Slightly more than one acre will be used for storage of lumber. The business as described by the applicant will be limited to delivery (90%) and pick-up by licensed contractors (10%). An analysis of the request is found in the attached Planning and Zoning Board Staff Report. '. City Commission Documentation Meeting of August 24, 1993 Causeway Lumber Company Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of August 16, 1993, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was public testimony taken that supported the proposed use and no testimony that opposed the use. After reviewing the staff report, the Board voted 5-1 (Kellerman dissenting) to recommend that the Conditional Use request be approved 'subject to the following conditions: A. That a complete site plan modification application be submitted pursuant to Section 2.4.3 of the Land Development Regulations, which addresses the "Items of Concern" identified in this Staff Report. B. That the district boundary buffering requirements (a hedge 4.5' at the time of planting and trees every 25') for the west property line be met to the fullest extent possible under Lake Worth Drainage District guidelines. C. That the area along Atlantic Avenue in front of the wall contain the minimum amount of parking necessary for this operation, and that landscaping be installed which wi'll enhance the upgrades and improvements being made elsewhere along the Avenue. D. That a service lateral connection be made to the existing water main along the north side of Atlantic Avenue and fire hydrants be installed along Atlantic Avenue. E. That the applicant work with staff to explore all means of having the billboard removed from the premises; that, at a minimum, there be no renewal of the billboard lease agreement; and, that the applicant not object to the removal of the billboard. F. That the equipment and stacked lumber be limited to a maximum height of 10'. G. That 11' of right-Of-way be dedicated for Atlantic Avenue. H. That a Boundary Plat be processed pursuant to Chapter 5 of the Land Development Regulations. RECOMMENDED ACTION: By motion, approve the Conditional Use request to establish a lumberyard (Causeway Lumber Company) subject to the findings and conditions as recommended by the Planning and Zoning Board. Attachments: * Exhibit "A" (Site/Sketch Plan) * P&Z Board Staff Report & Documentation of August 16, 1993 T:CCLUMBER.DOC . 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' ....... f~ ,- ./ 1.;:;" ., y..h,. ;/-/"tJ /-: .., - --- ...............-.......-:;: ~ f' ~~-('t- ......... L~'\ '. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: August 16, 1993 AGENDA ITEM: IILB. ITEM: Causeway Lumber Company - Conditional Use Request to Allow the Establishment of a Lumberyard in the MIC District 4 en en w It: 0 '~TL"'NTIC z 0 N ~ " .,,~ GENERAL DATA: Owner....................Resolution Trust Company Agent....................Richard K. Hollowell, Director Real Estate Recovery, Inc. Applicant................M. Scott Whiddon Causeway Lumber Company, Inc. Location.................North Side of W. Atlantic Avenue, between Congress Avenue and the E-4 Canal. Property Size............2.1S Acres City Land Use Plan.......Commerce City Zoning..............MIC (Mixed Industrial and Commercial) Adjacent Zoning...North: MIC East: HIC South: PC (Planned Commercial) West: R-lAA (Single Family Residential) Existing Land Use........Vacant Industrial Building. Proposed Improvement.....Establishment of a Lumberyard. The existing structures will be utilized . for administrative offices and storage. Water Servlce............Buildings not connected to the City's water system. Water Service available via service connection an existing 12" water main along the north side of Atlantic Avenue. Sewer Service............Septic system existing on-site. Sewer III.B. Service available 800' east of the orooertv. .. I T E M B E FOR E THE BOARD: The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request to establish a lumberyard (Causeway Lumber Company) . The subject property is located on the north side of W. Atlantic Avenue, between Congress Avenue and the E-4 Canal, and contains approximately 2.15 acres. A survey was submitted along with the Conditional Use application. Staff has identified items that will require the processing of a site plan modification pending approval of the Conditional Use. BACKGROUND: On November 8, 1988, the property was annexed into the City with the GC (General Commercial) zoning designation, pursuant to the City of Delray Beach Enclave Act (Enclave 66) via Ordinance No. 127-88. At the time of annexation, the property was occupied by David Jones Builder, Inc., general contractors. With the adoption of the City's Comprehensive Plan in 1989, the property's land use plan designation was changed from Commercial to Commerce. With the Citywide Rezoning of October I, 1990, the subject property was rezoned from GC to MIC (Mixed Industrial and Commercial) . The site was vacated by David Jones in May of 1990 and has since remained vacant. On July 2, 1993, an application for Conditional Use approval was submitted. The request is now before the Board for action. PRO J E C T DES C RIP T ION : The development proposal is to establish a lumberyard and lumber distribution facility for Causeway Lumber Company. The lumberyard will serve as the Causeway's Palm Beach County distribution facility and will be used to store and distribute building material products such as lumber, millwork and hardware. The existing 5,000 sq. ft. c.b.s. structure will house administrative offices (4,000 sq. ft.) and a showroom (1,000 sq. ft. ) . The existing 5,000 sq.ft. metal building will be used for storing perishable building materials in bulk form i.e. nails, roofing products, doors, bag goods, etc. Slightly more than one'acre will be used for storage of lumber. The business as described by the applicant will be limited to delivery (90') and pick-up by licensed contractors (10'). There will be a staff of 7 employees. The hours of operation will be Monday through Friday, 7:00 A.M. to 5:00 P.M., and Saturday, 7:00 A.M. to 1:00 P.M. .. P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 2 CON D I T ION A L USE A N A L Y S IS: CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to the following four areas: IFUTURE LAND USE MAP: I The use or structures must be allowed in the zone dist~ict and the zoning district must be consistent with the land use designation. The subject property has a Land Use Plan designation of Commerce and a MIC (Mixed Industrial and Commercial) zoning designation. The MIC zone designation is deemed co~sistent with the Commerce land use plan designation. Pursuant to Section 4.4.19(D)(4), within the MIC zone district, a lumberyard is allowed as a Conditional Use. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. I CONCURRENCY: I Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance ot a Certiticate ot Occupancy. These facilities shall be provided pursuant to levels ot service established within the Comprehensive Plan. Water and Sewer: To date no water and sewer plans have been submitted. Utility Billing records indicate that the existing structure is not connected to either the City's water or sewer system. It appears that the building is presently serviced by well and septic systems. * Water - Water service is available via an existing 12" water main located along the north side of west Atlantic Avenue adjacent to the subject property. Pursuant to Section 7.7.6, connection to the City water supply system is required when it is feasible. Therefore, a service lateral connection must be made to the 12" water main along Atlantic Avenue. P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 3 Presently, fire suppression is not provided to the site, as there are no fire hydrants along this section of Atlantic Avenue. The Fire Department has indicated that fire hydrants will be required at the southwest and southeast corners of the property and that the building will need to be automatically sprinkled. The hydrants can be connected to the existing 12" main. * Sewer - As previously stated, the existing structures are connected to a septic tank system and not to the City's sanitary sewer system. The nearest connection is to a lift station at the Chevron gas station, approximately 800' east of the property. Pursuant to Section 6.1.11(A), where sanitary sewerage systems are not reasonably accessible, individual septic tank systems may be used provided they meet Palm Beach County Health Department requirements and the sewer is not within 200' of the property. As the nearest sanitary sewer is 800' from the property, a sewer main extension and service lateral connection will not be required with this development proposal. Drainage: Presently drainage is retained on-site via landscape areas and other previous areas. With the site plan modification submittal, a preliminary drainage plan will need to be submitted as changes will be made to the site and additional paved surfaces will be installed. At this time, there are no problems anticipated. Streets and Traffic: A Traffic Study was submitted indicating that the proposed development (lumberyard) will not generate trips that are in excess of those generated by the previous use of a contractor's facility. The City's Traffic Engineer reviewed the study and determined that the development proposal complies with the Palm Beach County Traffic Performance Standards. The traffic generated by this development will not have an adverse impact on the level of service standards along Atlantic Avenue. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: Trash generated each year by the proposed use will generate approximately the same as the previous use (contractor's office) which generated 5.4 pounds per square foot of floor area. The trash generated can easily be accommodated by existing facilities, and thus, will not be significant with respect to level of service standards. '. P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 4 I CON.S I STENCY: I (Compliance with performance standards set fourth in Chapter 3 and required findings in Section 2.4.5(E) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency). A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies are noted: Conservation Policy 8-2.5 - Whenever new development or redevelopment is proposed along a wa-terway, a canal, an environmentally sensitive area, or an area identified via Policy B-2.1, an area equivalent to at least 10' of the total area 0 f the development shall be set aside in an undisturbed state or 25' of native communities shall be retained pursuant to Treasure Coast Regional Planning Commission Policy 10.2.2.2. Compliance with this Policy has been met by the existing open area adjacent to the west of the existing structures and parking lot. This open area is equivalent to 13' (12,980 sq.ft.) of the total area of the development. Traffic Element Table T-4 Atlantic Avenue - Pursuant to this Element of the City's Comprehensive Plan and the Palm Beach County Thoroughfare Plan, the ultimate right-Of-way width for this section of Atlantic Avenue (between 1-95 and Military Trail) is 120' . South of the centerline of Atlantic there exists 60' of right-of-way, however, north of the centerline there only exists 53' of right-Of-way, or a deficiency of 7' . In addition, the Palm Beach County Engineering Department has a road improvement plan which calls for a transition in the width of the roadway section west of the Congress/Atlantic intersection. That transition area will require an additional 4' of right-of-way, for a total dedication from the subject property of 11' in right-Of-way. This dedication requirement is supported in the City's Traffic Element Policy A-2.2, which states that right-Of-way dedications must include sufficient right-Of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Plan. SECTION2.4.S(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: " P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 5 A. Have a significantly detrimental effect upon the stabili ty of the neighborhood within which it will be located; B. Nor that it will hi.nder development or redevelopment of nearby properties. The subject property is bordered on the north and east by the MIC zone district, on the south by the PC (Planned Commercial) zone district, and on the west, beyond the E-4 Canal, by the R-1AA (Single Family Residential) zone district. The following are the existing land uses adjacent to the subject property: north of the property is Shaw Trucking,Inc.; south, across Atlantic Avenue is Congress Square shopping center; east is Consolidated Electric Supply; west, across the E-4 Canal, are single family dwellings (Breezy Ridge Estates subdivision). With respect to the adjacent industrial and commercial properties, the lumberyard should not have any adverse impacts. There is a 7' c.b.s. wall along the north, south, and east side of the property. The wall will screen the lumber that will be stored on the site. Additional screening, as discussed further under "Outside Storage", will need to be installed. Compatibility with the residential properties to the west is not a major concern. The lumber will be stored north and east of the building, and will be adequately screened from the res idences . However, the west facades of the existing structures have not been well maintained and must be repainted. Also, pursuant to Section 4.6.4(B)(2)(a) (District Boundary Treatment), where industrially zoned property does not directly abut residentially zoned property, but is separated from it by a street or waterway, a solid wall or continuous hedge 4.5' high at the time of planting should be provided along the boundary line. Thus, a hedge or wall must be installed along the west property line. Further, along the west side of the property, one tree every 25' must be installed [ref. Section 4.6.16(H)(3)(e)]. The hedge and trees should abut the west side of the structures, thus providing foundation plantings and trees to soften the west facade of the building. The requirement for landscape treatments along the west boundary may conflict with restrictions on plantings imposed by the Lake Worth Drainage District. At this time, it is unclear as to whether Lake Worth Drainage District has an easement or right-Of-way along this property. LWDD has informed the City that within easement areas it . will permit only low profile plantings i.e. hibiscus, ixora, etc. , which could be easily driven through if maintenance of the canal is required. In addition, a maximum height restriction may be placed upon such planting. Staff will work with the applicant and LWDD officials during the site plan modification process to ensure that the buffering requirements are met to the maximum feasible extent. " P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 6 With the installation of improvements as described in this report, the proposed use should not have an adverse effect on the adjacent neighborhood nor should it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: If the Conditional Use is approved, a site plan modification submittal complying with the Land Development Regulations will be required~ Along with the Conditional Use request, a survey was submi tted and reviewed by staff. Based upon staff's review. of the survey and site inspections, the following "Items of Concern" were identified. Technical comments, which include the items below, have been transmitted to the applicant and will need to be addressed with the site plan modification. I T EMS o F CONCERN: 1. Outside Storage Pursuant to Section 4.4.l9(D)(l), outside storage in the MIC may be allowed only in the rear yards and then only when screened from view from adjacent properties and public rights-of-way in a manner approved by the Site Plan Review and Appearance Board. The proposal is to keep most of the lumber within the area to the east side of the buildings. Technically, this area may be considered a side yard rather than a rear yard, as a rear yard is defined as the area between the building and the rear property line. The same limitation on the location of outside storage to rear yards also exists in the Industrial zoning district. However, both the MIC and I districts allow numerous conditional uses which conduct a major portion of their operations outdoors. Included among these uses are the rental and sales of modular buildings, storage lots for vehicles and construction equipment, ornamental stone cutting, and lumberyards. OutSide storage is a primary and integral part of these uses, rather than being an accessory use to the main operation, and it is not always.possible or desirable to limit the storage to rear yards. Thus, it may be appropriate for the Board to initiate an amendment to the Code to modify the guidelines regarding outside storage, especially as it relates to outdoor uses. The applicant has stated that the lumber that is to be kept outside will be stacked at a height to not exceed of 10' . As previously stated, most of the lumber will be in the area east of the buildings, which will adequately screen the . P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 7 lumber from the residences to the west. Along the north, south and east sides of the property, there is an existing 7 ' high c.b.s. wall which will provide some screening of the lumber from adjacent properties. However, as the lumber could be stacked 10' high, further screening is appropriate. This can be accommodated through the installation of trees adjacent to the interior of the wall. The wall with trees planted on the interior should provide an adequate buffer to the adjacent properties. 2. Fire Access The Fire Department has stated that the lumber stored outside must be accessible by driveways having a minimum width of 15', within the storage areas. Therefore, the site plan must show the driveways/aisles between the stacks of lumber. Disposition of this item will be handled by SPRAB during site plan review. 3. Parking Requirements Pursuant to Section 4.6.9(C)(s)(a), industrial uses (manufacturing, assembly, attendant offices) must provide 3 parking spaces per 1,000 sq. ft. of floor area devoted for such uses. In addition, 1 space must be provided per 1,000 sq. ft. of floor/use area devoted to storage and warehouse. The outside storage (use) area must be included in the parking calculations. Based upon the information submitted today, a total of 73 spaces are required where only 28 spaces have been provided. Pursuant to Section 4.6.9(C)(I)(g) (Reduction Allowed) , when, upon receipt and acceptance of special documentation, it is conclusively demonstrated that the number of parking spaces required for a specific use is appropriate to its application to a specific site, the body which acts on the attendant site plan (SPRAB) may reduce the parking requirements accordingly. The applicant has indicated that as the lumberyard involves the receipt, storage, and delivery of materials, there is very little need for permanent parking spaces. He intends to seek a parking reduction, which staff feels can be justified. 4. Loading Bays Loading bays must be located on the property and shown on the site plan [ref. Section 4.6.10(C)]. The bays should be delineated for customers (contractors) and distribution (business) purposes.. " P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 8 5. Driveway Relocations West Driveway - The Atlantic Avenue improvement plans call for relocation of the west driveway approximately 25' to the east. The driveway is . being relocated to accommodate the guardrail for the bridge expansion (6 lanes). With the relocation, the driveway will not be aligned with the entrance to the loading/storage area (west wall opening) and will require delivery trucks to make a number of turning movements. The applicant may want to cons ider redesigning this portion of the parking lot, so the driveway and wall opening are aligned. East Driveway - The City's Traffic Engineer has indicated that the east driveway onto Atlantic Avenue must be relocated approximately 20' further to the west. This will allow better alignment with the median cut and better left turn movements exiting the site. With respect to the east driveway, Causeway Lumber should consider contacting Palm Beach County Engineering Department to have the driveway modification incorporated into the Atlantic Avenue roadway improvement plans. Resolution .of this item will occur with the site plan action. As alterations to the site will occur along Atlantic Avenue, consideration should be given to eliminating excess paved area to enhance the beautification of Atlantic Avenue. (Refer to the discussion under Item 9 - Atlantic Avenue Beautification). 6. Wall Openings The driveway through the west opening in the wall currently accommodates two-way traffic. Presently, the opening is only 15' wide. The applicant has indicated that the west opening will be used for one-way traffic entering the lumberyard area and the east opening will be one-way exiting the yard area. If this is the case, the site plan modification will have to indicate signing and striping to ensure proper one-way traffic circulation. 7. Metal Frame Structure Pursuant to Section 4.3.4(K), within the HIC zone district, a 10' rear building setback is required. On the north side of the property there is an existing frame structure that is located along the north property line. The Chief Building Official has considered this a legal nonconforming situation. Information must be provided with respect to the intended use of the structure. Any remodeling work would be limited to 10' of the current replacement cost of the structure [Ref. LOR Section 1.3.6(A)]. It may be appropriate to have the structure removed. P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 9 8. Dumpster Location The survey did not show a dumpster location on the property. The dumpster locations and method of screening must be indicated on the site plan. Also, dumpsters should be provided which accommodate recyclable materials. Further, separate waste removal accommodations should be used for trash generated from the administrative offices and lumberyard function. 9. Atlantic Avenue Beautification The property has not been well maintained and its landscaping is in poor condition. At a minimum, the landscaping will need to be upgraded to comply with the current landscape code. With the unique aspects of the proposed use, (Le. the ability to have the use and parking contained almost entirely within the walled in area) the opportunity exists to have additional landscaping which will enhance Atlantic Avenue and support the efforts that have been made for its beautification. As the applicant previously stated, the parking demands for the lumberyard will be less than the parking spaces existing on the site. Therefore, consideration should be given to eliminating the center parking tier and converting it to a landscaped area. In order to allow for future expansions or conversions of the use, it may be appropriate to design the parking area so that additional spaces could be easily accommodated if necessary. o THE R I T EMS : Lake Worth Drainage District Easement Lake Worth Drainage District currently claims right-Of-way for the E-4 Canal which includes a portion of the existing buildings. The document which deeds the right-of-way to the District has not been submitted and the exact width has not been specified. Further, the District has been discussing options with Causeway Lumber's representative, with respect to the building encroachment. The details have not been submitted to the City. The item will be resolved with the processing of the site plan modification. Platting The subject property is unplatted and its legal description is one of metes and bounds. As part of the development proposal, rights-of-way dedications (Atlantic Avenue & E-4 Cana 1 ) are required. Therefore, it is appropriate that a boundary plat be processed pursuant to Section 5.1.1. With respect to the Atlantic Avenue dedication, a Palm Beach County right-Of-way deed must also be processed and recorded, with the O.R. Book and Page referenced on the plat. .. P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 10 Billboard There is an existing billboard located on the subject property. Pursuant to the City's sign regulations (LOR Section 4.6.7), the billboards are nonconforming signs and should be removed. The billboard is currently under a long term lease (expires year 2010), which may constitute an illegal subdivision. Presently, no information has been submitted regarding the legal aspects of the lease. Given the above situation, the new owners should cooperate with the City in seeking removal of the billboard. Left Turn Lane (Atlantic Avenue) Along Atlantic Avenue there is a median cut in front of this property. The cut does not include an eastbound left turn lane, and the Atlantic Avenue improvemeAt plans do not prov-ide for the installation of a left turn lane at this location. Thus, eastbound left turns cannot be accommodated into this site. The applicant has stated that a majority of the lumberyard's traffic will be westbound, and that the minimal number of eastbound delivery trucks will be routed to Congress Avenue, north of Atlantic, where they would then make a U-turn and return to the site. It is noted that if a problem does arise with left turn movements entering the site, alterations to the median may need to be made. REVIEW B Y o THE R S . . The development proposal is not located within a geographical area requiring review by the Downtown Development Authority or the Community Redevelopment Agency. Site Plan Review and Appearance Board: If approval is granted for the Conditional Use, a site plan modification submittal will follow. Final action on the site plan submittal rests with the SPRAB (Site Plan Review and Appearance Board) . The site plan must accommodate concerns raised through the conditional use analysis. Special Notice: Special Notice has been provided to the following homeowner's associations and citizen's groups: Delray Beach CounGil of Communities Hamlet Homeowner's Association Progressive Residents Of Delray (PROD) United Property Owners Woodlake Homeowner's Association .. , ,. P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 11 Public Notice: Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. Letters of objection, if any, will be presented at the Planni~g and Zoning Board meeting. ASS E SSM E N T AND CON C L U S ION : The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The site has been vacant and somewhat neglected for 3 years. The improvements which will need to be made to the site will greatly improve the appearance of the property. There are no significant issues that pertain to the proposed use. The "Items of Concern" identified in this report will be addressed in detail during the site plan modification process, and will provide substantial upgrading of the site and eliminate existing nonconforming situations. However, whether or not total compliance is met depends upon LWDD's disposition with respect to landscaping adjacent to the canal, the City Attorney's disposition regarding removal of the billboard, and the Chief Building Official's determination with respect to the nonconforming metal structure. A L T ERN A T I V E ACT ION S : L Continue with direction. 2. Recommend approval of the Conditional Use request for Causeway Lumber Company based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan, subject to conditions. 3. Recommend denial of the Conditional Use request for Causeway Lumber Company based upon a failure to make positive findings with respect to Section 2.4.5 (E)(S) (Compatibility) and Chapter 3, Sections 3.Ll(C) (Consistency) of the proposed use with adjacent land uses. R E COM MEN D E D ACT ION : Recommend approval of the Conditional Use request for Causeway Lumber Company based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan subject to the following conditions: P&Z Board Staff Report Causeway Lumber Company - Conditional Use Approval Page 12 A. That a complete site plan. modification application be submitted pursuant to Section 2.4.3 of the Land Development Regulations, which addresses the "Items of Concern" identified in this Staff Report. B. That the district boundary buffering requirements (a hedge 4.5' at the time of planting and trees every 25') for the west property line be met to the fullest extent possible under Lake Worth Drainage District guidelines. C. That the area along Atlantic Avenue in front of the wall contain the minimum amount of parking necessary for this operation, and that landscaping be installed which will enhance the upgrades and improvements being made elsewhere along the Avenue. D. That a service lateral connection be made to the existing water main along the north side of Atlantic Avenue and fire hydrants be installed along Atlantic Avenue. E. That the applicant work with staff to explore all means of having the billboard removed from the premises; that, at a minimum, there be no renewal of the billboard lease agreement; and, that the applicant not object to the removal of the billboard. F. That the equipment and stacked lumber be limited to a maximum height of 10'. G. That 11' of right-Of-way be dedicated for Atlantic Avenue. H. That a Boundary Plat be processed pursuant to Chapter 5 of the Land Development Regulations. Staff Report prepared by: Jeff Costello, Planner Report reviewed by David J. Kovacs on: August 11, 1993 Attachments: * Exhibit "A" (Survey) * Location Map JC/T I CAUSEWAY. DOC .. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM #: 9:]) - MEETING OF AUGUST 24. 1993 BENCHES AND TRASH RECEPTACLES IN THE DOWNTOWN AREA DATE: August 20, 1993 This item was postponed at the July 27th regular meeting in order to obtain cost estimates for the maintenance of the benches and trash receptacles in the downtown area. We have received a request from the Downtown Development Authority requesting that the City maintain and replace the benches and trash receptacles as needed. There was some question as to the City's responsibility for these fixtures. No official record is available which shows that the City accepted these fixtures for maintenance. However, staff does recollect that at least on one occasion the former City Manager directed that the benches and trash receptacles be painted and repaired. The estimated cost of immediate repairs is $550.00j thereafter, staff estimates it will cost $950 a year to maintain these fixtures. These estimates do not include the cost of City labor. Recommend acceptance of the maintenance responsibility for the benches and trash receptacles in the downtown area. ifl rkn to ~~ 0/- ((~ni::uxw~ ~ / tJ.J / C!I1uEIrT <l/;ffI l!eeJJ/J90n&J/ (!ou.UJ BE ChR-nqE.D fn ~S ~E S--o '. '. , r " / ':.'- L~ {'; . , ;,.... "tl'-lI"-'\--C',- , " [IT' DF DELRA' BEA[H 100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243..7000 MEMORANDUM TO: David T. Harden, City Manager FROM: {~Obert A. Barcinski, Assistant City Manager SUBJECT: REPAIR AND MAINTENANCE COST ESTIMATES - BENCHES AND TRASH CONTAINERS DOWNTOWN (DDA) DATE: August 5, 1993 The Public Works Division has completed a cost estimate to repair and maintain the benches and trash containers on Atlantic Avenue. The estimates are as follows: Immediate Need Repair existing Trash Containers = 14 $500.00 Paint (without labor cost) 50.00 Liner Replacement 0.00 $550.00 Future/Yearly Estimate Repair Trash Containers and Benches $500.00 Liner Replacement (150 @ $30 each) 450.00 $950.00 Estimates do not include City labor. Estimate need to repaint structures every 3-4 years. RAB:kwg THE EFFORT ALWAYS MATTERS '. '"' ~..'- i ..-r -~ 1P",-~' ~........ i [ITY DF DELAAY BEA[H 100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: PC> Robert A. Barcinski, Assistant City Manager SUBJECT: BENCHES AND TRASH RECEPTACLES IN THE DOWNTOWN AREA DATE: July 13, 1993 Official records kept by the City Clerk have been researched to try to determine whether the City accepted these benches and trash receptacles for maintenance. No records have been found. It is staff's recollection that the DDA bought and had the benches and trash receptacles installed at the time of the street-scape improvement's project. It is also staff's recollection that, at least on one occasion when Walter Berry was City Manager, we were directed to repair and paint the benches and trash receptacles and this work was done. I recommend that this item go to City Commission for action. RAB:mld 7/;;7/93 - !os!PO/7€L) '1-() Ob ffl-t'n 'is/. ot lft7f)uR/ mllllJ-IMlf/J t!C- (!osrS - Poss/~/E.- t.U(j~h();> /!em - THE EFFORT ALWAYS MATTERS 9E '. .. n c....vS:.. ~ 7 [IT' DF DELRA' BEA[H 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: Robert A. Barcinski, Assistant City Manager FROM: David T. Harden, City Manager~ SUBJECT: BENCHES AND TRASH RECEPTACLES IN THE DOWNTOWN AREA DATE: July 6, 1993 Please see the attached letter from the DDA. In the past, we have gotten conflicting reports about whether or not the City had ever accepted these benches and trash receptacles for maintenance. Please have this matter looked at again to try to make a final determination whether or not we have accepted them. If we have not accepted them, then I think the matter needs to go to the City Commission for action. DTH:nr Att THE EFFORT ALWAYS MATTERS '. " . tlI1 DOWNTOWN DEVELOPMENT AUTHORITY To: Alison MacGregor Harty(original~ity Of Delray Beach, Florida Joe Weldon Susan Ruby Joe Safford ~~I\~~ RECEIVED JUN 2 1 1995 June 16, 1993 ~/ CITY MANAGER'S OFFICE Mr. David Harden city of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL. 33444 Dear Mr. Harden: Several years ago when the DDA purchased the benches and trash receptacles along Atlantic Avenue, it then gave them to the City of Delray Beach. The City has maintained and replaced them as needed. We have been advised that the City cannot locate the documents conveying those items. Accordingly, I enclose a Bill of Sale to confirm the previous transfer so that the city will have some evidence of its ownership in its records. Vq:J;;Sj:}' MICHAEL M. LISTICK Chairman MMLjmlw Enclosure cc: Ms. Marjorie Ferrer 64 S.E. 5th Avenue 207 EB3t ,'\t1Bfltie Avenue, Delray Beach, Florida 33444 · 407-276-8640 ,. '.11 ,~ .. . BILL OF SALE, ABSOLUTE Know All Men by These Presents, That DOWNTOWN DEVELOPMENT AUTHORITY, City of Delray Beach, Florida, in the County of Palm Beach and state of Florida, party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) lawful money of the United states, to the CITY OF DELRAY BEACH, Florida, paid by party of the second part, the receipt whereof is hereby acknowledged, has granted,' bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the said party of the second part, their ~xecutors, administrators and assigns, the following goods and chattels: All trash receptacles and street benches owned by Party of the First Part located on East Atlantic Avenue, Delray Beach, Florida. This Bill of Sale is given to confirm a previous Bill of Sale which appears to be lost, destroyed or misplaced. To Have and to Hold the same unto the said party of the second part, their executors, administrators and assigns forever. AND they do, for themselves and their heirs, executors and administrators, covenant to and with the said party of the second part, their executors, administrators and assigns, that they are the lawful owners of the said goods and chattels; that they are free from all encumbrances; that they have good right to sell the same aforesaid, and that they will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said party of the second part, their executors, administrators and assigns against the lawful claims and demands of all persons whomsoever. . . . ~.~ In w~tness I have hereunto set my hand and seal thlS I~ day of , one thousand nine hundred and ninety- three (199 signed, sealed and delivered DOWNTOWN DEVELOPMENT AUTHORITY in the presence of us: ~ ~tku9<c~1~ ~ALL.X$~ '. .. . , STATE OF FLORIDA COUNTY OF PALM BEACH The fore . . . j(prJI lng lnstrument was acknowledged before me thls ____ day of , 1993, by MICHAEL M. LISTICK, Chairman of Downtow evelopment Authority, who is personally known to me or who has produced a Florida driver's license as identification and who did not take an oath. ~,,'\lII""11111 ~X~~ ~",'I. ?-ET l. l1r, 111/1/ ,$'~~~"""'" (('0'& ~ pri t me: ffJH.e6/'ftt!.Er L . we.ss~ ~ ..4~~\SSlD.te;;. ~ ~ NOTARY PUBLIC, STATE OF FLORIDA ~ ..- t,,<j (,\1.19 ;;;...(p~ ::: '$-~ '{Q~. ~ Serial No.: c..e.. c:t..t:>Q93<!- = : ~ (/)~ : -*. ..... -*- My commission expires: ..3//9 Jq 7 =z: : = ~~\ ICC269934 .:~~ ~"9.;.;':.8. ~ .9f..... ~~)-..~%1ed~..'5 ~ ~ ~.J"1Jn..1 ...~~ 7;;" z;-....%:, e:,~ :\~ '1111 C, 8T" ",.... "'11'11''''''\'' '. .. ,. .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM i LfE - MEETING OF AUGUST 24. 1993 DECADE OF EXCELLENCE BOND/SECOND ISSUE DATE: August 20, 1993 This item is before you to determine whether the second issue of the Decade of Excellence Bond Issue should be sold by the competitive or negotiated method. Attached as backup for this item is a chart which describes the general attributes that argue for a competitive versus a negotiated sale. Based on staff's review, we should be going competitive on the upcoming G.O. issue. The only reason to go negotiated would be to continue our relationship with Smi th Barney. Staff has been pleased with their investment banking services and would recommend their selection if the Commission opts to use the negotiated method. '. ,,",' " .. N...--: ~;;rIiOCI ~ Negotiated vs. Coml /n'"e lOL.l.. O~(//0 I'''' o/C,;"I't:'"': '7 rtr, 7 The following I t\,(:: ' S/1'')t,.( {~ a So/~ c..;>, '1 {~ ',' ... - ., ( a negotiated sale. The cr-v 7),( 7 ld 't ..- market conditions at v I' (.." "1 I rJ", (<} () , I -:. , lite or-t...1 t,!t"'~ a <'J T?; C?,O I'VE i/o-",,,, "-0 - , t;.. Is.. 7b Cd r,,7/''J V t. ~h/ :- 0';) " ? < .(,..L.i+7 II' ()/' Ir;: /,,' If - !/v /7/-1 '5:tv1/7/-r> ,..7!"'i'Ntf' '7' .1- 'V~ ~~",-Y'.,J rganizatio. PU;;y}:fd) l-vl /Ih./lL !""VCIIC.T^-1~)'.J7- .t /~/' r-'J~ .-::-(7;...0'(" r- Z Tbr~ Pr ( ). .' ,_""J! ~ - "- I _ _ v ,4 {"{I." ",~ <. (; "'1 'f c.::, ~ ~. " / ,.' ,-, , <V] /V'/~Sl()/,,"J ~ . VII\.)~ /tIr::'y'1 I~ C;o",,,~/ Ne:.z.;,CJ1/"?CO /$. IN/t7t7 i);E7 Active seconaary HUUA.... ~ a__ .. __. w I"'rrr ~/...7 ut investor base growing dealer interest "An or better Below single "An General obligation Project supponed revenues Conventional resolution and Unusual or weak covenants; cashflow; rate covenant and subordinated debt coverage Tren Stable Improving or u,nder stress Market Conditions Interest ates Stable, predictable market Volatile or declining market I emand Strong investor demand, good Oversold market. heavy supply ! , liquidity, light forward calendar Debt Structure Tax Status Tax-exempt. no concerns Taxable Debt InstrUment Traditional serial and term, full- Aggressive use of innovative bond coupon bonds structuring. derivative products, swaps, or variable-rate debt instruments . '. '. . Marketin2 Use of Underwnters Broad market pamcii>>ltion . Ability to select "best qualified" banker and direct business to local or regional fuTns Investors Process blind to ultimate investors Sale can be managed to achieve wide distribution or targeted allotments , Pre-marketing Limited need for pre-marketing - Specific pre-sale activity to generate commodity, marlcet pricing demand ! Flexibility in Timing Limited flexibility Greatest flexibility in timing Fine Tumng Structure Limited options given to bidders Unlimited abilfty to fine tune Cost Gross Spread Historically. spreads have been Recent data shows negotiated deals lower for competitive sales to have equal or higher spreads than competitive sales . Interest Rate Highest market price for commodity Best match of'product with specific offered on day of sale investor demand Preparation Resolution/Structure Issuer determines own preference Professional banking support and for managing more direct marketing input in balancing security for investor vs. flexibility for issuer Disclosure Issuer relies on own program Underwriters' counsel assists in the disclosure preparation of official statement '. .. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tr~1 SUBJECT: AGENDA ITEM i CfF - MEETING OF AUGUST 24. 1993 SURVEY RESPONSE REGARDING BOUNDARIES OF OUR REGIONAL PLAN- NING COUNCIL DATE: August 20, 1993 This item is before you to consider staff's response to the survey distributed by the Growth Management and Strategic Planning Unit of the Office of the Governor with regard to the boundaries of the Regional Planning Councils ( RPC s) . I have reviewed staff's response and believe that under no circumstances should we go into a RPC with Broward County. They would tend to dominate because of their population, and I see their problems and philosophy on growth management issues as quite different than ours. I do not believe that asking for a one County RPC is realistic. Therefore, based on trade areas, media markets and history, I believe we should generally support the present boundaries. l0\{~~ p~ b~O ,. "II" " ~I-, . 11./1 {/ I C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAV~ T. HARDEN, CITY MANAGER FROM: . ~jJku~ VID . KOVACS, DIRECTOR . DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 24, 1993 QUESTIONNAIRE - R.P.C. BOUNDARIES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of endorsement of a survey response. This survey (questionnaire) has been distributed by The Growth Management and Strategic Planning Unit of the Office of the Governor. BACKGROUND: The Executive Office of the Governor is required to undertake an in-depth analysis of the boundaries of Regional Planning Councils ( RPCs) . A survey (questionnaire) has been distributed to local governments in order to ascertain local input. Due to the nature (open-ended) of the questions it is appropriate that the response be endorsed by the City Commission. Attached is the questionnaire with responses as prepared by the Director of Planning. Please note that the Director's responses would result in a change in our relationship with the Treasure Coast Regional Planning Council. PLANNING AND ZONING BOARD CONSIDERATION: Due to the short response time, the Planning and Zoning Board has not reviewed this item. Their review is not required. ALTERNATIVE ACTIONS: 1. Endorse the responses, as prepared by the Director of Planning, and authorize transmittal of the survey. 2. Change the response and authorize transmittal. " '. City Commission Documentation Questionnaire - R.P.C. Boundaries Page2 3. Take no action and do not provide a response from the City. 4. Do not respond to the survey at this time, but first seek local coordination with other south county communities and our County Commission representatives. RECOMMENDED ACTION: Commission's discretion. Attachment: * Cover letter of August 2nd and the Questionnaire DJK/CCRPC . '. STATE OF FLORIDA ~ffi.e~ of t~~ (1inlt~rnnr .. THE CAPITOL U S 1993 TALLAHASSEE. FLORIDA 32399-0001 LAWIDN CHILES l:\TY ~\~ ; ~~ S; ()(\: GOVERNOR Augu'Jt 2, 1993 Dear Mayor: Chapter 93-206, Laws of Fiorida, also known as the ELMs legislation, recognizes the Regional Planning Council (RPC) as Florida's only multi-purpose regional entity that is positioned to plan for and coordinate intergovernmental solutions to growth related problems on greater-than-local issues, provide te.chnical assistance to local governments, as well as meet other needs of t.~e communities within each region. Recent amendments to Florida's growth management laws and programs have changed the focus and responsibilities of RPCs, and requires the Executive Office of the Governor complete a review of existing RPC boundaries by January 1, 1994. Tl~ assist my office in this review, please complete the en cll;jse9-. quest~~nnaire and r~turn it, usmg the enclosed self addressed fu"1d stamped envelope, ~n)1ti_~~~ This questionnaire represents a prim~-y tool and mechanism to gather input on RPC boundaries from local governments. In addition, our analysis will include a review of existing studies and resources on regional plarming issues. As necessa...ry, site visits and interviews with interested parties may also be conducted. Thank you for your assist:nce in this effort. Please feel free to contact me or Nels Roseland at (904) 488-7793 if you have any questions concerning the questionnaire or the RPC boundaries review. Sincerely, /) ,'0 . (*,e-J ~~_ 5. ~..tA._ J" Teresa B. Tinker, Policy Coordin3.tor 0Cf.- Growth Management and Strategic Planning Unit :) ,~ TBT/ncr 000 Enclosures '. ... c; co ... ~ '" 0- '" .. w ~ .... if n n n n i [ ~ I n I n ~t U a. .. '" j" f" ~:: J. n JI' -- n I" c:.. ~ it ... -... ~~ I · =1. . =. - I"n-... F::! jl k~~! t!' ti illt~! ~JJ i! rJ ~:. !.= ~;r E r e;t i... - ~t ~ ~- -'. if- ~{i;f~J1J:,[$lifiifjfPi o .: till- .. ~ts::rA-1 I: I.~. . ~- - - - - - - . ; u J i ~ ~ i i J ll- ,i II' I' J i it en:; - = (I = :; R;r i il F !.. ... I" I. ~ II I ~ i' )":; i I J i" F!. If = ~:a ~ I ii ~.t irn tn_ . ,ii- -- np .. n'l. ~= "d'ir (.:! ml sz- I ~~ " .: I I. I~" . = i' en" F I II ~ I Cl n. ... &,01. : 0. ===1 . 0 .. == it . . [~ e:" s 0 - Q. Cl n I" Q. 0 _!i- _ . 0 ... n - I. sa .... a ... c - =~ ~ - ==. _ 0 0 ~ ... Cl::: ~. r == !! '1;: _ B:::--' - p Q =' c: OQ s:: p; ~ t i - I '. .. Executive Office of the Governor Growth Management and Strategic Planning Policy Unit REGIONAL PLANNING COUNCILS BOUNDARIES REVIEW QUESTIONNAIRE August 1993 Chapter 93-206, Laws of Florida, requires that the Executive Office of the Governor conduct an in depth analysis of Regional Planning Council (RPC) boundaries. To assist in this study the following questionnaire was developed to gain insight from local government officials on the RPCs which serve their area. This questionnaire contains a few general questions describing the survey respondents, open-ended questions on the current RPC boundary structure, and scaled questions that help to rank and prioritize factors and criteria to be considered in the study. . ..~ 'r'~ ~^2~ "'f>~1:~ A. F. .'.;" I. GENERAL QUESTIONS ~:.::~:; :~~:",\~ .... "1; f';'.1),:- il:"~ ~~. N1'~~ . . This first set of questions provide general descriptive information. 1. Your name and title: ~ '=> 'M. d. '5 \.. ~ n G ~ 1vll~ 'i 0 ~ ) 2. Name of the local government that you represent: C,,~ o~ De\ e.~'-"\ --\S-e~C' ~ \ \. 3. Name of the RPC that serves your jurisdiction: l Q. ~ ~s lAA~ C'-':)o._'2I'+ t"r l D 4. Is your local government a member of your RPC? YFSLNO_ 5. Does your local government pay dues to your RPC? YES_NO~ ~',.M C1~~!. O\.I\().~tL etOl~uelt.))U,{,..~ {\L \(j;{!,M,ill ~. VO CA-. r1U Jtc~ Q'vv"\Ot..<..t- ~ ~ndDRAli~A ~~~ CXt~~ Pagel '. Regional Planning Councils Boundaries Study II. OPEN ENDED QUESTIONS The following questions help to capture the opinions, observations, and assessments of local governments concerning the existing RPC boundary structure. Please attach additional response sheets, if needed, to answer these questions. D' RZ'i' ~l r:l"~~r'>"'>" 6. Is your local government satisfied with your current RPC boundary?' .' . ft fa YES_ NO IX. 6A. If no, why is your local government not satisfied? TIDo <o'e~~\. ~ 1.)\'{ESZS\1'-( IN u.e3f1t-iI~\A~A\.. Qt--\i\R.Ac=rE~ lACJL Of- F~lA.~ O~ U.\2Df1~\.( R.~tk'\~L~nEt.\ t A~\) OCO~D \ \0 M\O~ lS~Ut~. t<"\:tM.01~. \.JX'~~IU\0 bt- Ot=~\CF.'\ 6B. If no to question 6, specifically, how would your local government recommend changing the RPC boundary? C~EF\\\D\..\. O~ ~ ~~?~~l~ K.~t-o\2- ? ~L~ ~t:.-ACt-t ca Lt!\ll'1 <of?- \le~~'j0 fW~ Pi O'f- TIt\::: COLANTL{ L~ t-\ N'S~t:.~ -CD S0\11~ \\.-O~\\)~. 6C. What advantages would be realized by these changes? ~ (be.\:.l"\lc:;\Z. C()\A\lAON \\L\L,\ (Qf \'S~-Wt~ ~ B3c l(3 ~t,D ~ ex... 'S\{'\~ CIDllf\1-'0- ~ 'rolk ~\l'l\J.",,,JJ'tf'- ck EU\S-IIT I.,e,G, ~lUJ\DW\.wtr cot&llo.e ~ , 6D. What disadvantages would occur by making these changes? ~~ "5y\'~ of ~ a\MJ~ C-"'1a --twO ~ U~ ~2' ~ DR' -- w,~ - 'A' g~""......., 1":0: ..... .' ;- - . r; iLIt; EOGI Growth Management and Strategic Planning Unit Page 2 '. Regional Planning Councils Boundaries Study Ill. CRITERIA RANKING QUESI10NS Chapter 93-206, Laws of Florida, requires that the boundary study consider 9 general factors or criteria, but does not define these criteria or specify how much weight or emphasis should be placed on them when examining RPC boundaries. RPC boundaries may be drawn in many ways. There may be no simple best way. However, some factors may be more important, have a greater influence, or have a higher priority than others when establishing RPC boundaries. For example, some jurisdictions of the state may view natural resource systems to be more important in establishing regional boundaries than economic development factors. We would like to know what you think is most important in determining RPC boundaries. Please review the next three pages of criteria and their definitions and rank them according to their importance in establishing regional boundaries using the following scale: . DU. . .1';: ""'~ . ~,,~ ~ ' f~ . ~ Ranking Questions Scale 1. Very High Priority = Significantly influences the establishment of boundaries 2. High Priority = Some influence in establishing boundaries 3. Neutral = Mayor may not influence the establishment of boundaries 4. Low Priority = Little influence in establishing boundaries 5. Very Low Priority = No influence in establishing boundaries 7. Local Government Preference: When evaluating the existing boundary structure the opinions, observations, and assessments of county or municipal governments represented by their elected officials are to be considered. When establishing Very High High Low Very Low RPC boundaries, Priority Pri~ty Neutral Priority Priority this criterion is a: 1 ~ 3 4 5 8. Population migration and change: Population change is impacted by birthrates, deathrates, the number of in migrants and out migrants. Net change in regional population is a result of these four factors. Significant population change in some RPCs has affected the types and demand for the services they provide. Minimal population change in other RPCs have played a lesser role in influencing these services and demand. When establishing Very High High Low Very Low RPC boundaries, Priority Priority.. ..NeUtral PC!)' rity Priority this criterion is a: 1 . ORA.' . \.3... 4 5 .,f l 1 '':' f . ,., k:l" t,.;:\ , :ti1 mJ ~ . EOGI Growth Management and Strategic Planning Unit Page 3 " . . Regional Planning Councils Boundaries Study DRAf! 9. Transportation networks: An interconnected transportation system, utilizing different types of transportation that provides for the movement of people and goods within specific urban and rural areas. These networks influence regional economies, population changes, and land use development. When establishing Very High High Low Very Low RPC boundaries, Priority Priority Neutral Priority Priority this criterion is a: 1 2 c:!) 4 5 10. Economic development centers and trade areas: Economic development centers are concentrated areas within a region where significant retail, trade, industrial and commercial activities are generated. Trade areas represent those areas that surround economic development centers and provide markets for the products and services generated from them. When establishing Very High High Low Very Low RPC boundaries, Priority Priority Neutral Priority Priority this criterion is a: 1 @. 3 4 5 11. Natural resource systems: Represents regionally significant areas such as natural habitats, air quality zones, areas critical to water su ly and water quality, and other sensitive environmental systems. Boundary changes may ce.systems between RPC districts and may affect the management and p fed with these areas. ~ When establishing Very High High Low Very Low RPC boundaries, ~ority Priority Neutral Priority Priority this criterion is a: 1 2 ~ 4 5 12. Federal program. requirements: Several RPCs administer and implement federal program requirements that include vocational and employment training, transportation planning, economic development training and other related programs. Possible modifications to the current RPC boundaries may affect the administration and implementation of these federal programs. When establishing Very High High Low Very Low RPC boundaries, Priority Priority Neutral Priority Priority this criterion is a: 1 QD 3 4 5 13. Regional air quality: Any area that does not meet the national primary or secondary ambient air quality standards as designated by the U.S. Environmental Protection Agency. Boundary changes may effect air quality planning and management. When establishing Very High High . Low Very Low RPCboB " '~ Priority Neutral Pr~ty Priority this ern." K ['i}r 234 5 ~ ;l~ ~_ EOG! Growth Management and Strategic Planning Unit Page 4 '. . . Regional Planning Councils Boundaries Study ., ~ 14. City and county economic relationships: Coordinated efforts between cities, counties, and regions that foster economic development, infrastructure facilities development, and financial partnerships. Examples of these coordinated efforts include city and county owned utilities, solid waste disposal sites, well field and stormwater treatment facilities, and public/private sector economic development partnerships. When establishing Very High High Low Very Low RPC boundaries, Priority Priority Neutral Priority Priority this criterion is a: 1 @ 3 4 5 IS. Media markets: Established television, newspaper, and radio transmission and distribution areas. Regional television and radio media markets are evaluated and designated by nation-wide marketing analysis and audience ratings organizations. Newspaper media markets are delineated by the circulation and distribution patterns of the state's largest newspapers. When establishing Very High High Low Very Low I RPC boundaries, Priority Priority N~ Priority Priority I this criterion is a: 1 2 UJ 4 5 I 17. Please provide any additional comments or concerns that you may have regarding your responses to the criteria ranking questions? ~. --. t _. I - ~."\.~ tt" ". '; ,. t~' J) t \~, N D\I{J:::; : II I( i< 1 :,. '1 ~ frVii. ....: I I 16. Provide any additional comments or recommendations regarding RPC boundaries that should be considered in this study. --rk ~{A~d ~I' cou,1. (fO~~~ O~ S~C>( m odd~ ~ 0. \'M;:>~-T~ CW\D"'tl Jrxok ~ ~~s. W: J'~1- ~U6i\ . r WltkC Gk G1 ~ ~ ~ ~\ y~~/or co leting this questionnaire. ~ \ :, ~ JY I I r.D RAtoI Growth Management and Strategic Planning Unit Page 5 j " " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM it erG - MEETING OF AUGUST 24. 1993 CHANGE ORDER NO. 4 AND REOUEST FOR FINAL PAYMENT/JACK HARDY DATE: August 20, 1993 This is a change order in the net add amount of $39,008.80 for final plus/minus as-built quantity adjustments and sanitary sewer line replacement in conjunction with the Central Business District (CBD) Alleyway Reconstruction Project. The original contract allowed for some sanitary sewer replacement based on TV inspections. However, upon excavation, additional sections of various sewers were found to be in worse condition than anticipated. This required additional work above that initially estimated. We have also received a request from Jack Hardy, Inc. for final payment in the amount of $39,508.80. Staff has reviewed this project and found it to be satisfactorily complete. Detailed documentation is attached as backup material for this item. Recommend approval of Change Order No.4 in the amount ofo$39,008.80 and the request for final payment in the amount of $39,508.80 from Jack Hardy, Inc. for completion of the CBD Alley Reconstruction Project; with funding from Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). ~ OJJiuJ ~ f~ jJOJj/l~ WmrJU/JL ~ Y&-~- -i ~9 c)o g. ?o .) ~ 6-0 " '.11 I~ . Agenda Item No.: AGENDA REOUEST Date: August 10, 1993 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: August 24, 1993 Description of item (who, what, where, how much) : Staff requests City Commission to approve add Change Order #4 final closeout Change Order to Jack Hardy, Inc for CBD District Alleyway Reconstruction Project (91-53). Change Order #4 is for final plus/minus as-built quantity adjustments based on actual field measured quantities extended at the Contract unit prices. Amount of Change Order #4 is $ 39,008.80. Funding Source shall be 442-5178-536-61.84 for the utility items for an add amount of $45,150.00; and a credit in the amount of 6,141.20 to 225-3162-541-61.43 for the remainder of the work. $20,231.30 will be reimbursed back to the City (Decade of Excellence) by the CRA. This will be for paver block and header curb requested and per 4/7 letter from Mr. Harden to Chris Brown of the CRA. Final reimbursement is based on measurements of actual installed quantities and are referenced per June 21 letter attached. Staff also requests authorization for final payment to Jack Hardy, Inc. in the amount of $39,508.80 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/HQ Recommendation: Staff Recommends approval of Change Order #4 Final incorporating the above revisions and that final payment be made to the Jack Hardy, Inc. Department tV&~-,,- .iJ ~'l,4 3 Cl1fte~ Signature: r Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~ired on all items involving expenditure of funds): Funding available: E /NO Funding alternative (if a~l~ble) Account No. & DE.40Pqio~t-S"8-~.013t ~ HAN~ gettA~ Account Balance ~. j City Manager Review: &/NO rfII1 Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on 1\genda: __ Action: -. - - Approved I D isapprovEld Agen534.doc '. " . , DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden city Manager THRU: William H. Greenwood Dir. of Environmental Services FROM: Ralph E. Hayden, P.E.~ city Engineer DATE: August 19, 1993 SUBJECT: Agenda Request - August 24 Meeting CBD Alley Reconstruction Project Attached is an agenda request and backup information to close-out the City's contract with Jack Hardy, Inc. for the reconstruction of the Central Business District Alleys (Project No. 91-53) . This fInal change order is for a credit of $6,141.20 to the Decade of Ex.cEdlence ]~und , Account No. 225-3162-541-61.43, and for an additional payment of $45,150.00 from the utility Fund Account No. 442-5178-536-61.84. The Community Redevelopment Agency will also reimburse the Decade of Excell(mce Fund Accounl: No. 225-3162-541-61.43 in the amount of $20f231.30 for work requested by the CRA. The additional funds from utilities is for sewer mains recons"l:ructed in addit:ion to the original contract amount and paid for at the contract unit price. Additional sewer mains were rl::!placed .to resolve conflicts that were not originally anticipated and well beyond the amounts allowed for based on TV inspecl:ions conducted prior to construction. Cracked and deteriorated pipes that were not discovered until the mains were excavated and exposed. For final accounting, staff requests approval of Change Order No. 4 in the amount of $39,508.80 to close-out the contract. RH:JR:mm File: Project No. 91-53 (D) Memos to City Manager RH153809.MRM .. . , CIn OF DELRAY BEACH CBANic)E ORDER 'I~O ORIGINAL CON'rRACT CHANGE NO. 4, Final PROJI:CT NO. 91-53 DATE: PROJECT TITLE: Central Business Distric:t Alleyway Reconstruction Project TO CONTRACTOR: Jack Hardy, Inc. YOU ARE HEREBY REQUE;STED TO MM(E THE For,LOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. - -- JUSTIFICATION: Final as-built measured quantity adjustments for Original Contract and Change Orders 1-3 as referenced and itemized per Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $483,771.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $193,248.84 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $677,019.84 COST OF CONSTRUCTION CHANGES THIS ORDER $ 39,008.80 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $716,028.64 PER CENT INCREASE THIS CHANGE ORDER 16 % - - TOTAL PER CENT INCREASE TO DATE 48 % - CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable. for Jack Hardy, Inc. (SEAL) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER 225-3162-541-61.43 -$ 6,141.20 All other work Environmental Services Department 442-5178-536-61.84 $45,150.00 Water/Sewer Rehab FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: Ralph E Hayden, Thomas E. Lynch, Mayor City Engineer ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK C0534.doc '. -0:1 ~~~~~~~~~~~~~~WWWWWWWWWWNNNNNNNNNN~~~-~-~~~~ ~_. WN~O~o:I~~~~WN~O~o:I~~~~WN~O~o:I~~~~WN~O~o:I~~~~WN~O~o:I~~~~WN- i~ ~~nn~~-<~~~~N~~nn-no~~~~~~>~n~~n:~~o~n->~~~~>~e~~o:Io:Imn ~ " III 0 !z 0 " [-." ., &." = ~ II g 0 :I g .,::S::S::S::S 0:1 ~ Q, III 0 = III 0 "::s::s ., " c: i Q,,, III ., " Q," III N = = = III .... - :S*flo~:S ~~!!:. a.~;"'l$. ?~....!.~~~~ = =~'<?><g~~~{l~1~~'~?~B~'o; =C)C)n~:: ~ ~-.,.,o 110_.... <-< .,....:Immnn~~ II 011.,~ .,-111 n:l n.,xllllll....~., ~ ;;lQI :J II rD -. m !!!I :J"" AI n CD CD C 'C ,... ..., AI II ID m CI tn1J iiJ CD., ... ... n :J - en en en :r. < CD ..... ,... AI I: -. 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N - . oooooo~---~oooooooooOOOOOON~O~~ooooo~ooo~oo~woooooo~- ~ : , - oooooo~-~-ooooooooooooooooooo~ooo~oo~oooooooooooooo_- ~ ~ ~ J~ ~~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ 0 "V1_0~O~_~___WONooooooooooooowo~owoO~O~_O___"'OONNOOOOOO___ ~ II . II 0:1 ... ~ 1I000~00~-~-~000000000000000N~~~~0000~-000~oo~~000000-- ~ II II U ~ Nt:: N :: "OOOOOO~-~-~OOOOOOOOOOOOOOONOOO~OOOOO~OONOOOO--OOOOO_- - II II II - II N N -. nOOOOOO~-~_~OOOOOOOOOOOOOOONOOO~OOQOO~OO-~OO~WOOOOOO~- ~ II " - - II N ~ -" II ~ W -0 .... N -.. "OOOOOO----~OOOOOOOOOOOOOOONO~O-OOOOO~O~N-OO~WO~OOOO~- ~ II II U... N \II ~.... 0.. ~ II ~ ~ 0 ... ~ -... ~ ~ -~ " . CHANGE ORDER tl1 Alley between NW 11th Ave and NW 12th Ave CBD ALLEY I As-built Totals I Orig C.O. #1 Totals -------------------------------------- I -------------------------------- I ----------------------------.--- Bid I Total/ Unit Total I Total/ Unit Total Item Description Unit I Units X Price .. I Units X Price .. -------------------------------------------------------------------------- I -------------------------------- Paving and Drainage 1 Clearing & Grubbing lS I 1 x $3,000.00 .. $3,000.00 1 x $3,000.00 .. $3,000.00 2 Grading/Embankment CY I 175 x $7.00 .. $1,225.00 175 x $7.00 .. $1,225.00 3 1 1/2" Type SolI I Asphalt SY I 585 x $3.50 .. S2,047.50 561 x $3.50 .. $1,963.50 4 8" Limerock Base SY I 622 x $5.00 .. $3,110.00 597 x $5.00 .. $2,985.00 5 12" CClq)8cted Subgrade SY I 659 x $0.45 .. $296.55 632 x $0.45 .. $284.40 6 5' Concrete Sidewalk, 4" ThicklF I 30 x $12.50 .. $375.00 10 x $12.50 .. $125.00 7 Sol id Sod SF I 1631 x $0.50 .. $815.50 1995 x $0.50 .. $997.50 8 12" X 18" OVal RCP LF I 150 x $20.50 .. $3,075.00 150 x $20.50 .. $3,075.00 9 15" RCP IF I 200 x $17.50 .. $3,500.00 208 x $17.50 .. $3,640.00 10 Type "CO Inlet EA I 1 x 5950.00 .. 5950.00 1 x $950.00 .. $950.00 11 4' Dia Manhole EA I 3 x $950.00 .. $2,850.00 2 x $950.00 .. $1,900.00 12 Conn to exist Str/Pav't Repl EA I 1 x $950.00 .. $950.00 1 x $950.00 .. $950.00 13 Adjust sanitary lateral EA I 2 x $500.00 .. $1,000.00 2 x $500.00 .. $1,000.00 14 Sodding & Grading SF I 1977 x SO.50 .. S988.50 I 2850 x $0.50 .. $1,425.00 15 Asphalt Drive Reconstruction SY I 80 x $10.00 .. $800.00 I 100 x $10.00 .. $1,000.00 16 Concrete Drive Reconstruction SF I 690 x $2.50 .. $1,725.00 I 625 x $2.50 .. $1,562.50 Sanitary Sewer 1 8" DIP (0-6) IF I 276 x $27.50 .. $7,590.00 I 276 x $27.50 .. $7,590.00 18 Manhole (0-6) EA I 1 x $1,200.00 .. $1,200.00 I 1 x 51,200.00 .. $1,200.00 19 Single Service EA I 5 x $600.00 .. $3,000.00 I 3 x $600.00 .. $1,800.00 20 Double Service EA I 4 x $700.00 .. $2,800.00 I 4 x $700.00 .. $2,800.00 21 Connect to Existing Manhole EA I 1 x 5750.00 .. $750.00 I 1 x $750.00 .. $750.00 -------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------- $42,048.05 $40,222.90 ============ ============ ,. CHANGE ORDER #2 Block 117 Sewer Replacement CBD ALLEY I As-built Totals Orig C.O. .1 Totals ------------------------------------------------------ I -..-.-------------------------.-- ------.--.--.------.--.--.------ Bid I Total/ Unit Total Total/ Unit Total Item Description Unit I Uni ts )( Price = Uni ts )( Price = --.--.-----.------.--------------.--------------.---------.,.------------------------.---.-. -------------------------------- 1 Install MH #7 (precast) LS I 1 x S3,500.00 = S3,500.00 1 x S3,500.00 .. $3,500.00 2 15" $OR 35 sewer main from MIf #7 to MH #112 LF 154 x S100.00 = $15,400.00 147 x $100.00 .. $14,700.00 3 Install MH #112 (precast) LS 1 x S2,500.00 = S2,500.00 1 x $2,500.00 . $2,500.00 4 15" $OR 35 sewer main from HIf #112 to MH #113 LF 403 x S70.00 = $28,210.00 395 x $70.00 .. $27,650.00 5 Install MH #113 LS 1 x S1,178.00 .. S1,178.00 1 x $1,178.00 .. S1,178.00 6 Reconstruct existing Sewer I.llteral LF 111 x 140.00 .. 14,440.00 60 x 140.00 .. S2,400.00 7 Install traffic bearing lid cleanout EA 3 x $160.00 .. 1480.00 9 x $160.00 .. $1,440.00 8 Repair brick pavers SY 25 x $29.00 .. $725.00 28 x $29.00 .. $812.00 9 Repai r Type , f I Curb LF 23 x $9.00 .. $207.00 20 x $9.00 .. $180.00 10 Repair thermo pavement marking LS o x $850.00 .. SO.OO 1 x $850.00 . $850.00 11 Maintenance of Traffic LS 1 x $1,850.00 .. $1,850.00 1 x $1,850.00 . $1,850.00 12 Repair Asphalt in Atlantic Ave SY 58 x $25.00 .. $1,450.00 117 x $25.00 .. $2,925.00 13 Subgrade/rock restoration in Alley 117 SY 417 x 16.82 .. $2,843.94 417 x 16.82 .. $2,843.94 ============================================================================================================================== 162,783.94 162,828.94 ============ ==========-. ,. '''1'' . CHANGE ORDER #3 Block 92 and 109 revisions CBD ALLEY I As-buil t Totals I Orlg C.O. #3 Totals ------------------------------------------------------- I ---------------------.--------.-- I ----------.-.------------------- Bid I Total/ Unit Total I Total/ Unit Total Item Description Unit I Uni ts X Price = I Units X Price = -------.---------.--.----------.------------------------------.-----.-----.----------------- I -------...-.-----..--..--..--.----- Block 92 Clearing & Grubbing/Earthwork/Main of Traf LS I 1 x $11,500.00 = $11,500.00 1 x $11,500.00 · $11,500.00 18 Drop Curb LF I 10 x $5.50 " $55.00 20 x $5.50 " $110.00 20 Type '0' Curb LF I 1300 x $5.85 = $7,605.00 1300 x $5.85 = $7,605.00 21 Header Curb LF I 607 x $7.25 " $4,400.75 1020 x $7.25 " $7,395.00 23 Pavement Reconstruction SY I 2654 x $8.90 = $23,620.60 3500 x $8.90 = $31,150.00 51 Concrete Wheel Stops EA I 54 x $10.50 " $567.00 48 x $10.50 " $504.00 52 Parking Lot Striping LS I 1 x $500.00 = $500.00 1 x $500.00 " $500.00 Additional Layout and Survey LS I 1 x $950.00 = $950.00 1 x $950.00 = $950.00 22 Paver Blocks Sy I 240 x 529.00 = $6,960.00 240 x $29.00 = $6,960.00 10 Sewer Laterals LF I o x 520.00 = 50.00 75x $20.00 = $1,500.00 PVC ConcIul t LF 796 x $6.60 = $5,253.60 400 x $6.60 " $2,640.00 Block 109 A ~ater Main Replacement 1 Remove existing 6" Cast iron water main and Install new 6" DIP w/flttings LF 274 x 519.00 = $5,206.00 275 x $19.00 = $5,225.00 5 6" Gate Valve EA 4 x $350.00 = $1,400.00 4 x $350.00 " $1,400.00 6" x 6" Tapping Sleeve and Valve EA 2 x $850.00 " $1,700.00 2 x $850.00 " $1,700.00 7 Water Service reconnection LF 94 x 511.60 " $1,090.40 100 x $11.60 · $1,160.00 Recomect to 2" Galvanized wain LS 1 x $900.00 = $900.00 1 x $900.00 " 5900.00 76" MJ Caps w/thrust blocks EA 2 x $100.00 = $200.00 2 x $100.00 = $200.00 B Parking Lot Revisions Clearing & G..ubbing/Earthwork/Maint of Traf LS I 1 x $3,500.00 = $3,500.00 I 1 x 53,500.00 " 53,500.00 Stop Signs/Stop Bar EA I 2 x $275.00 = 5550.00 I 2 x $275.00 " $550.00 3" PVC irrigation sleeves LF I 280 x $6.60 " 51,848.00 I 280 x $6.60 = $1,848.00 22 Paver Blocks SY I 103 x $29.00 = $2,987.00 I 100 x $29.00 " $2,900.00 =================================:==========================::=================================================================:== Totals $80,793.35 $90,191.00 ------------- ============ ------------- RECAP SUMMARY Grand Total for As-built Quantities $716,028.64 Less Contract Amount Thru Change Order #3 ($617,019.84) --..--.-----.... Net Add Amount of Change Order #4 Final 539,008.80 ------------- ------------- ,. <III" .. . CHANGE ORDER SUMMARY Change Order Amount Description #1 $ 40,222.90 Additional alley added between N. w. 11th Avenue and N. W. 12th Avenue. #2 $ 62,828.94 Unforeseen water and sewer work because of collapsed lines (Alley 117) . #3 $ 79,612.00 Additional parking improvements at Blocks 92,100 and 109 (CRA will reimburse portion of this work) . $ 10,585.00 Additional water and sewer to be upgraded and replaced in con- junction with parking improve- ments. Replacement of deterio- rated lines. #4 $ 39,008.80 Unforseen sewer line replacement (various locations) and miscel- laneous plus/minus as-built adjustments. NOTE: All sewer lines were TV inspected prior to construction and allowance was made to replace deteriorated sections. Upon excavation, sections of these sewer lines were found to be in a greater state of deterioration than was determined by the TV inspection. CHOROER.KT RH " .... ~ ..c:l . U "lj G) 'i c:d~J:: G) 0 ~N:;j t ~() e; :< 0 G) '"It' -=J::~ 0 1': rn ~ ZOOJ:: ll.1n N~ rz:I~"'" l.O N 01 m~>: ZI '"It' . - O? 0.-4 N 01 rz:IE-o e::m - ~~I>- - U. .. ~,Q ;::J 0 ;::J~ e:Z OO~ ~ Z~ 0..... u e 1:l ~ll. - G) ~ 0 a ~ <'>z In_ ~f 'N .... 01 .~ 0 In . u,E N ~ -+oJ ~ - f .g 0_ rlJE-t N G) .r-t u .... ~ Q :::> In '-' rIJ ~ l.O rIJ E-t l t,; Q) U) 0) ;",0 ~ ~zci to .r-t 0 Z ll.~-:g rIJ u ~ 0 ::l () 0 ~N .... ~ ~.!; N N ~O:c:d ~i P:=e - ~ co co o~() r-4 ll. 0)'" E~,g ~~i aj~ r- * A ~ ~~ ~ ~~~ -+oJ~ ~~ ~r&l~ Q)< CQ~i u ~. m ~~! ~ ~ 0 ~:9 :9 ~~Q ~ ...:l '" i N ~ ...c:dN ~oo N . Z... .... O;a~ ~co o . -= 0 'O!il ~ e::li= . Sz Z ~ ~~~ ~ ~u~; 10 - S 01 ijli S:!IDNVH:) % ~~I '. [ITY OF DELRRY BEA[H ENVIRONMENTAL SERVICES DEPARTMENT 434 SOUTH SWINTON AVENUE. DEL RAY BEACH. FLORIDA 33,144 'lU//24:l.13(J1) . Il:LlCOPIER: 407/24:3-7060 June 21, 1993 Ronald R. Hoggard, Jr., AI CP community Redevelopment Agency 207 E. Atlantic Avenue Delray Beach, Florida 33483 Re: Central Business District Alley Reconstruction Project Project No. 91-53 Dear Ron: Below is a list and associated costs of the units of items constructed at the request of the CRA. The cost of these items, constructed in the alleys an~ parking lots of Blocks 92, 100 and 109 of the referenced project, is to be reimbursed to the City buy the CRA. The unit price of the paver blocks was determined by subtracting the unit price of the pavement reconstruction from the unit price of the paver block installation ($29.00/sy - $8.90/sy = $20.10). I. Block 92 1. Paver blocks: 339 sy @ $20.10/sy = $ 6,813.90 2. Header curb (for pavers) : 607 lf @ $ 7.25/lf = $ 4,400.75 3. Replaced sidewalk on . SW 4th Avenue (pavers): 54 sy @ $29.00/sy = $ 1,566.00 4. Type D curb (on 4th Ave): 98 lf @ $ 5.85/lf = $ 573.30 5. 6" sewer lateral at Elwood's BBQ: 72 lf @ $20.00/lf ='$ 1,440.00 Subtotal = $14.793.95 . . THE EFFORT ALWAYS MATTERS '. .. Ronald R. Hoggard, AICP June 21, 1993 Page 2 II. Block 100 1. Paver blocks: 53 sy @ $20.10/sy = $ 1,065.30 2. Header curb (for pavers): 91 lf @ $ 7.25/lf = $ 659.75 3. Type D curb 70 lf @ $ 5.85/lf = $ 409.50 The type D curb was required along a portion of alley 100 due to the grade difference between the parking lot, constructed by the CRA, and the alley pavement. Subtotal = $ 2.134.55 :III. Block 109 1. Paver blocks: 103 sy @ $20.10/sy = $ 2,070.30 2. Header curb (for pavers): 170 If @ $ 7.25/lf = $ 1,232.50 Subtotal = $ 3.302.80 TOTAL REIMBURSABLE FOR ALLEYS 92, 100, 109 = S 20.231.30 Please make the check payable to the City of Delray Beach. Call me a t243-7326 if you have any questions or comments. sincerely J-~;~ Jim Reyno , P.E. Chief Design Engineer JR: jr C:\91-53\CRA.doc cc: File 91-53 (D) '. ,. w .--' ./ I / I / )DiY Of DELRAY DEA[H II'" ,,\," '<" ,.'\ \.' '.1' II' . I" I fI", ", r~f h,'" r t '11t'f1.~ ., t.1'11 . ~ '" ., ~ -..., AprJ17, 1992 Mr. Christopher J. Brown, Executive Director Community Redevelopment Agency One s. E. 4th Avenue Delray Beach, Florida 33483 .' . ~. . Re: Alley Improvement Projl~Gt #91'-53 Dear Chris: We have received bids for the reconstruction of the alleys in the Central Business District, and we, have identified certain costs that should be paid by the CRA. These costs are for work you requested and are above the basic construction. The items that were ttlentified in the bid are listed below: - 1. Bid Item #21 - Header Curb (at Paver Blocks) ( U?I1) 260 LF @ $7.25/LF $ 1,885.00 - . -0 ".. 2. Bid Item #22 - Concrete Paving stones (Adjusted the cost of the. paving stones to include credit from the cost of pavement reconstruction.) $29.00/SY 645 (paving stones) @ =- $18,705.00 =- 5,740.50 (CJk) $12,964.50 3. Bid Item #40 - street Light Pull Boxes (DPtj- ) 15 @ $220.00 ea. =- $ 3,300.00 4. Bid Item #41 - PVC Conduit (Elept.ric;.al) 5,610.00 (dq.-) 850 LF @ $6.60/LF MM( I fY/5trfim Total = $23,759.50 PIEl8se remember this is a unit price contract, and the contractor will be paid for what is installed. These figures should be sufficient to cover the actual cost. A copy of the complete bid is enclosed for your files. Please make a check out to the City of Delray Beach for the tot:al amount above. We will maintain records of the actual construction completed and will refund any remaining money at the completion of the project or ask for more funds, if required, as needed. , "I r: I It":' ^, \' I.' I .. r\ I! " I I I I:': ,. 1"-' " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [jiv1, SUBJECT: AGENDA ITEM :It 71-1 - MEETING OF AUGUST 24. 1993 RELOCATION OF TRAFFIC SIGNAL/N.W. 5TH AVENUE DATE: August 20, 1993 This item is before you to approve the relocation of the traffic signal located on the northwest corner of N.W. 5th Avenue. Due to the widening of the northwest corner of Atlantic and N.W. 5th Avenues, the present signal pole must be relocated out of the paved area. Staff has negotiated a price of $14,000 with the County to relocate the signal pole and rebuild the overhead signal equipment. The price does not include fire pre-emption devices. At the time the agenda was complete, staff was still investigating this project. Any additional information found will be provided at Tuesday evening's meeting. Recommend approval of the relocation of the traffic signal located on the northwest corner of N.W. 5th and Atlantic Avenues, at a cost of $14,000 with funding from 1992 Bond Anticipation Note - Central Fire Station (Account No. 227-2311-522.61.56). '. '. . Agenda Item No.: AGENDA REQUEST Date: August 18, 1993 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: August 24, 1993 Description of item (who, what, where, how much): Staff requests City Commission to approve the cost of $14,000 payable to Palm Beach County Board of County Commissioners for the traffic signal modification at the corner of W. Atlantic Ave and N.W. 5th Ave. Due to the widening of N.W. 5th Ave, the present signal pole must be relocated out of the paved area. Funding for this work is form 227-2311-522-61.56 in the amount of $14,000. ORDINANCE/RESOLUTION REQUIRED: YEsf9 DRAFT ATTACHED YEsG) Recommendation: Staff Recommends approval. Department He~ Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review~ired on all items involving expenditure of funds): Funding available YE VNO Funding alternati s (if a~lic~ Account No. & DescriPUOn~J-lOll-S2.2.Jo(-~ 8.A. . C ~rzE. sTt\ . Account Balance ~"t""J,., 4-. City Manager Review: @/NO rH Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved " ,. DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER (!; ~ THRU: Ii/l. fil' ~~ WILLIAM H. GREENWOOD DIRECTOR OF ENVIRONMENTAL SERVICES RALPH E. HAYDEN, P.E.~ CITY ENGINEER FROM: VICTOR MAJTENYI r#ft. CONSTRUCTION MANAGER TECH II - DATE: AUGUST 18, 1993 SUBJECT: FIRE STATION HEADQUARTER TRAFFIC SIGNAL POLE RELOCATION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Due to the widening of N. w. 5th Avenue at Fire station Headquarters, the present signal pole must be relocated out of the paved area. The pole having primarily County signal control devices on it is claimed by the County as their property and responsibility. Therefore, they will not let any contractor outside of their approved list work on this project. The negotiated cost for this pole relocation is $ 14,000.00 and does not include fire pre-emption devices. Attached is an agenda request for Commission approval. VM:kt cc: Chief Kerry Koen, Fire Department Howard Wi~,~ File: 91-58 ( ) (A) VM818.kt '. " r 1- S8 A Board of County Commissioner.., County Administrator Mary McCarty, Chair Robert Weisman Ken L. Foster, Vice Chairman Karen T. Marcus Carol A. Roberts Department of Engineering Warren H. Newell r:..~ "l :. t ~;j g: ~{n and Public Works .. Burt Aaronson Maude Ford Lee .. -- August 11, 1993 Victor Majtenyi City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 SUBJECT: w. ATLANTIC AVENUE AND N.W. 5TH AVENUE TRAFFIC SIGNAL MODIFICATIONS Dear Mr. Majtenyi: As a follow-up to our telephone conversation on Tuesday, August 10, 1993, the Palm Beach County Traffic Division offers the following revised cost estimate for the traffic signal modifications associated with the widening of N.W. 5th Avenue at W. Atlantic Avenue. We estimate that the traffic signal modifications (without fire pre-emption) will cost approximately $14,000.00. This cost will cover relocating the traffic signal pole on the northwest corner of the intersect i on and rebu il ding the overhead signal equipment. It 'is my understanding that the City of Delray Beach does not wish to pursue signal fire pre-emption or fire station warning flashers at this time. If the City of Delray Beach wishes to proceed with the above-mentioned signalization project, please forward a check in the amount of $14,000.00 to this office, made payable to the Palm Beach County Board of County Commissioners. If you have any further questions, please contact me at 684-4030. Sincerely, Christopher R. Mora, P.E. Traffic Engineer - Traffic Division CRM: sb File: Intersections "Atlantic Ave. W & 5th Ave. NW/SW" Municipalities "City of Delray Beach" H:\crm\Atlan.5th "An Equal Opportunity - Affirmative Action Employer" @ printed on recycled pape' Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000 ,. " , 0 ~ " \-' 1-1 - ..... ' . , '. r5 0' ,,' Q ,0 ~. - u.I " . - , H; ~ en: ' ~ ';" ~" H"~' == ~fQ ~ i!: '" W ' ".n :. I" .' \' . ~ . ' CI:S . ' LlJ Eo! ~1" 0 CQ . .. en; ,.' ,en ~ e :' c( .,',>C:( ('- "': 1'" ..;'~ Z ' ~ ~ c s' \0 >< S ~ H:CC uJ c)' ' ' ,1 ("~"" "" j f ~; ..J ' . ~.~ ~ ~.:- 0 e:i ~ ~:f ~ ,; ~ ~. ~<:E ~ ' . \ . O'!:~' >- ~ '" e\ ~ .. ~ l) Q !:l 0 S tIl;rl ll! !.l frl' :1<( . '] ~ oct ." . ..,.~, ~ =e~ ' ''''0", ~I~" :> ......:E:ECl , ,cn,\~ H !:l.t ECI~gt:lCQ' .~ () ~. en za:~ :'1' . ;.' , , I lL. ' · 0 CQ ~ . 0 ~ ~..J c..J olS - W en ' , 0 ' ~~ :z: 0' ~H~ ~~Q ~ . .. lei ~ ':E~en I "@lH~O~ Iilo~ H 0: ~ Z 0:'= ~O .... . :r I '.. en ~ ~ ~ H ~ H B UJ >- 0 c( CO;: a: l.!) - f enen :z: H!:l.t~~a':z: ~ I- C) ~,... zO 0: ..' >t~~~~O ~en:Z:' 5~en ~ ffi ~ i! ,~w::c 'I i, ~~Q~~~';-&lH~":'ollo"':2 !!l ii: ~ ~w~ ! oHen :z:en H:;) c( I- I- 'h is l8 ~ ~ i ~ H~ ~ ~,! ,~ "~ q :?: ~ w ~~.. o~8 H~~ H i!: ..J ..J C ,~w~ I' .' M ..c.- , _.~; Q ~ ,en ~ c( c( u.:, m I 0 ',I " r Z . ' . . .' . a ,: cD: ,..; . . .. ~ N M ~In co 0'), 0: en: ct ~"'. r. .... .. ,~' ' . CD I W lI'l. " U -' .' ~ ~ lie " ,toN w l.!) :E , '~IT z ~~ ~ " . ,..... co ' .... ct~ ii: ix> . ...-....... II) .. . '\I' ' x -'z ... ~ lL. ' , (1._ ,en ''''i" ' LlJ hJ' , ~ O:!i en ~ ' :.G ~, i~ :J: ...,. ., .~, ..... . >x III Q.w ~ . .~ .. en ,I" " I ,f i lL. . I'. t" ' . ,. ", ',.~ 0 . ~" r I " ~ ., '~ - J.~~ ...~.~, '. . " " ' ". ~ '. ~,:::r -/ .{I :>_ ': ::. ;';: ",-"l:,' I ,.. "')' . . 'I ' .: . I t ,: I " ~~ ' .. I I ,: , . , ',/- ': "Z " '1:/1, . , , ~J ~'~;,'rr'" .' ,<:( .,......1 p...' - - o ::>>- " ty> . : .0 a: ,'C>>'" 0: }, W 104 LlJ ,', ~ ' >- ,,' ~, . ~;..J ,'LlJ.... t: " ," 'l::: . .. ...J ..J (.) . " , ' " . '. ~ 4 ,..J::> g , ~ "',' - . I.t cf ft: ",' '"00 ... '. ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAG~R t,~'l SUBJECT: AGENDA ITEM # cr-1: - MEETING OF AUGUST 24, 1993 APPOINTMENT TO THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION DATE: AUGUST 20, 1993 At the June 1st workshop meeting, it was the consensus of the City Commission to establish an Occupational License Equity Study Commission for the purpose of reviewing the City's license classification system and accompanying rate structure. Such a commission is a requirement of the Occupational License Tax Bill 364 as a precursor to the City adopting a new ordinance reclassifying licenses and increasing rates which is a potential source of additional revenue. At the August 10th regular meeting, the Commission approved Resolution No. 74-93 providing for the establishment of the Occupational License Equity Study Commission as an ad hoc committee to consist of five (5 ) members. Members are to be representatives from the business community in Delray Beach, and may serve on other advisory boards/committees concurrently. It is anticipated that the commission will meet for approximately eight ( 8) months or until the study is complete. Appointments made on August 10, 1993, are as follows: Mark Little (by Commissioner Smith) Dr. Frank Shapins (by Commissioner Alperin) Dan Burns (by Commissioner Ellingsworth) Robert Hayes (by Mayor Lynch) Commissioner Randolph requested his appointment to the Equity Study Commission be deferred to the August 24th regular meeting. Recommend appointment of a fifth member to the Occupational License Equity Study Commission to be made by Commissioner Randolph. ~ $UUuxk ref:agmemo6 5-0 " " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER e~1 SUBJECT: AGENDA ITEM i 9-:f - MEETING OF AUGUST 24. 1993 SOUTH COUNTY FORUM STEERING COMMITTEE DATE: August 20, 1993 This item is before you to nominate two Commission members to serve as primary and alternate members on the South County Forum Steering Committee. The Steering Committee will adopt a mission statement and work program, participate in fund raising and select participants for the Fall Forum. The first meeting will be held on Thursday, August 19, 1993 from 4:00 P.M. to 6:00 P.M. in Commissioner McCarty's conference room at the South County Governmental Complex located at 345 S. Congress Avenue. Future meetings will be held twice monthly on the 2nd and 4th Wednesdays, at the same location. Recommend nomination of two Commission members to serve as the primary and alternate members on the South County Forum Steering Committee. ~ Oifw ' o / Or) to- 'l7. WXJ ) ~LW-6- Cl /~ /f)w)]{kJ CUv~- 5--0 '" , BOard of County Commissioners County Administrator Mary McCarty, Chair Robert Weisman '( M, L. roster, Vice Chairman :1 T. Marcus Department of Planning, Zoning & Building Carol A. Roberts Warren H. Newell Burt Aaronson Maude Ford Lee The Honorable Mayor Thomas E. Lynch August 12, 1993 City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 . '9Qj \ i) \ , Dear Mayor Lynch: ~. Gaze into your imaginary crystal ball for a moment. What do the next 20 or 30 years hold for Palm Beach County? With an additional 900,000 residents anticipated, how will local governments accommodate needs and provide services while maintaining our quality of life? Should development continue "westward," or should growth be directed to existing infrastructure in the cities? - - These are questions being investigated by the Urban Form Study. This is an ongoing effort, a continuation of the process that was described at the Planning Division presentation you were invited to attend at Commissioner McCarty's South County office a few months ago. Over the last several months four reports have been completed documenting existing conditions addressing various land use options. The next step is the formulation and evaluation of four alternative land use scenarios -- or land use "options" which will provide a vision and overall long range plan for our future. This is your opportunity to participate in this conceptual future direction affecting residents countywide! A steering committee is being created to select participants and prepare for a two day South County Forum. This event, to be held this Fall, will address these scenarios and involve representatives from each city, business leaders, school board representatives, county commissioners, planners, water managers as well as residents from Boynton Beach to Boca Raton and the border cities of Broward County. Would you please take a moment to name an elected official from your municipality and an alternate who can serve on the steering committee and be part of this exciting process? Please call Wendy DiSesa at 233-5334 as soon as possible to designate your Steering Committee representatives or if you have any questions. Steering Committee duties include adopting a mission statement and work program, fundraising and selecting participants for the Fall forum. Your voice is critical in defining South County's future vision. The first meeting will be held on Thursday, August 19th from 4:00 to 6:00 pm in Commissioner McCarty's conference room in the South County Governmental Complex located at 345 S. Congress Avenue in Delray Beach. Future meetings wilt be held twice monthly on the 2nd and 4th Wednesdays, at the same location. Sincerely, ~ John Corbett, Chairman Palm Beach County Land Use Advisory Board cc: Chairman Mary McCarty, Palm Beach County Board of County Commissioners David Harden, City Manager "An Equal Opportunity - Affirmative Actiun Fmplll\l>T @ printed on recycled paper 800 13th Street West Palm Beach, Florida )3~06 (407) 233.:;)(1(1 .. , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERztJv\ SUBJECT: AGENDA ITEM i l1K - MEETING OF AUGUST 24. 1993 REHABILITATION OF LAWN BOWLING COURT/VETERANS PARK DATE: August 231 1993 This item is before you to consider awarding the bid for rehabilitation of the Lawn Bowling Court at Veterans Park to Dutch Construction Company 1 via Change Order No. 31 in the amount of $10/210.71. At the August 10th regular meetingl the Commission approved Change Order No. 31 except for Item No. 3 - Rehabilitation of Har-Tru surface at Lawn Bowling courts. It was the consensus of the Commission that the $10/210.71 cost for the Har-Tru surface rehab seemed too high and that other quotes should be obtained. This work was originally included in Change Order No. 1 to the contract with Dutch Construction. At that time the estimate for the work was $3/104. SubsequentlYI Nidy Company 1 the subcontractor notified Dutch Construction that they could not perform the work at the price quoted due to excessive weathering on the court. They estimated that the project would need approximately 21 times more Har-Tru material. Their new estimate is $13/326. Staff has verified the cost through a second estimate from AM Courts ($10/210.71) and recommends that the project be awarded to Dutch Construction Company 1 via Change Order No. 3. A staff report detailing the history of this item is attached as backup material. Recommend approval of the award of bid for rehabilitation of the Lawn Bowling Court at Veterans Park to Dutch Construction Company 1 via Change Order No. 31 in the amount of $10/210.71j with funding from 1992 Bond Anticipation Note - Veterans Park Redevelopment (Account No. 227-4126-572-61.63). ~~ 5-0 '. " DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER ~ '/70 THRU: WILLIAM H. GREENWOOD DIRECTOR OF ENVIRONMENTAL SERVICES RALPH E. HAYDEN, P.E.~/ CITY ENGINEER ~ FROM: VICTOR MAJTENYI ~ CONSTRUCTION MANAGER TECH II DATE: AUGUST 20, 1993 SUBJECT: VETERANS PARK (91-49) REHABILITATION OF EXISTING LAWN BOWLING COURT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Back in February 1993, the Nidy Co. was asked to submit a cost for rehabilitating the existing lawn bowling court to match with the new section being added. This cost was approved by ci ty Commissioners on April 20, 1993 for $ 3,104.00 in Change Order #1 to the contract for Dutch Construction. On June 18, the Nidy Company sent a letter to Dutch Construction Co. stating that it could not do the work for the price quoted in February. Their claim is that there has been excessive weathering on the courts during the period from February to June, and therefore creating a need for about 21 times more Har-Tru material (3-4 tons to 70 tons). The new cost is now $ 13,326.00. It is our opinion that the real reason for the price increase is that Nidy made an error in the original quote. For twice the thickness in court depth, they are requiring 21 times the material in tonnage. Because of this discrepancy and to check validity of pricing by Nidy, an estimate was obtained from "AAA" Courts for the same scope of work. "AAA" Courts was the tennis court subcontractor for the Tennis Center project. Their estimate was reflected in Change Order #3 as $ 10 ,-210~ 71 and included 63 tons of Har-Tru material. 1 of 2 '. " A The options open to the City at this time are: 1. Request Dutch Construction to hold to their price per contract Change Order #1 and perform the work. This option would ultimately require Dutch Construction to absorb the approximate $ 7,000 disparity themselves. In their current financial condition Dutch may not be fiscally able to absorb this cost. 2. Have the City's purchasing Department solicit three quotes for the work and have the work performed outside of this contract, or 3. Resubmit to Commission to have the work performed as change order to Dutch's contract as proposed in Change Order #3. The last option, #3, is the one that we recommend in order that the project not be delayed any longer. It is evident that Nidy made a mistake in their initial estimate, and that their latest quote is more reflective of the scope of work involved. This was also confirmed through "AAA". staff feels the quote by "AAA" is reasonable and fair for the scope of work. Please advise. VM: kt File: 91-49 Vfl>H818.KT 2 of 2 '. .. 're'. , Schedule "A" change Order '3 ~ Project Number: 91~49 Project Name: Veterans Park tem Total Co_nts No. D.scription -------------------------------------------------------------------------------------------------------------------- 1 Furnish and inst.ll new plaqu.s on north side of VFW $2,154.00 Arch D.sign Chang. - Existing plaqu.. cannot b. r.located memorial monumentinew plaque. to b. identical to plaque. for new plaque. including credit for not relocating existi on south side of memorial plaqu.. 2 R.-work structural brae.. on awning. at .huffle board $1,017.45 Arch.De.ign Change - As-built an'll. bracing imped.s courts to provide ped..trian ace.... ped..trian acce.s to .idewalk. 3 R.habilitation of Har-Tru .urface at Lawn Bowling court. $10,210.71 Unfore.een Condition - March ".torm of the century" due to exc...iv. weath.ring from March storm. mat.ri~l required for court refurbi.hing 4 Furni.h and install 5" mounting plate. to new canopy $270.00 Arch D..ign Change - Plate. required to properly mount lights at .huffleboard court awning.. fixture. to canopy 5 Remove additional buried concrete at land.cape i.land. $998.54 Unfor....n Condition - Additional buried concrete was in existing parking lot .ncountered in excavating 1and.caped i.land. located in the exi.ting parking ar.a we.t of Veterans Park 6 Furnish and install irrigation to tree. in playground $585.00 Arch D..ign Change - Irrigation for this area was not areas. included in original Contract. 7 (Credit) - Delet. 2" water meter for 1rrigat1oniex1.t1ng ($240.00)Arch D..ign Change - New meter not requ1red a. existing m.ter was utilized meter on-aite was utilized 7 Straight.n tree.iremove/replace .od damaged by FPL $2,769.00 Owner Reque.ted - Re.toration/repair work required due to concurrent work by FPL 9 R.place/repair curb and brick paver. damaged by FPL $2,027.00 Owner Reque.ted - Re.toration/repair work required due to concurrent work by FPL 10 Replac. 2" x 3" PT wood "diak bumper" at .nd of .huffle- $991.00 Own.r Requ.ated (park.) - Reque.t from players at Park board court. with 1" PVC ho.e material 11 At new plant.r at south .nd of new .huffleboard court. $2,940.00 Owner Requ..ted (Park.) - to reduce maintenance requ1remen r.place .od with loriape planting. and mulch duplicate of adjacent plant.r to the ...t ---------------- Total n.t add Change Order .3 $23,722.70 ---------.-- ,. '. . MEMORANDUM - TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t7t't SUBJECT: AGENDA ITEM i \0 A- - MEETING OF AUGUST 24. 1993 ORDINANCE NO. 49-93 DATE: August 20, 1993 This is the second reading of an ordinance amending Chapter 110, "Occupational License Generally" , of the Code of Ordinances to bring the City's code in compliance with Florida Statutes relative to the Occupational License Tax Act. The following items are included in the proposed amendment: -Requires an occupational license for all permanent business locations or branch offices operated within the City. -Requires that applications for licenses be submitted prior to August 1st of each year. -Establishes a cut-off date of September 30th after which unpaid license fees are considered delinquent. -Establishes a expiration date of September 30th for all licenses. -Provides for the transfer of a license when there is a bona fide sale of the business and establishes the fee for such transaction. The amendment also' includes a civil action and penalties clause. Further changes to the code are expected from the Occupational License Equity Study Committee. At the August 10th regular meeting, the Commission passed Ordinance No. 49-93 on first reading by a 5-0 vote. Recommend approval of Ordinance No. 49-93 on second and final reading. f~ .5 -0 '. .. o. // . ., '-J, 1'\ MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT L~ RE: AMENDMENTS TO CODE OF ORDINANCE CHAPTER 110 .OCCUPATIONAL LICENSES GENERALLY. PURSUANT TO CHANGES ADOPTED BY FLORIDA LEGISLATURE UNDER SB 364 DATE: AUGUST 6, 1993 ITEM BEFORE THE COMMISSION: - - First reading of Ordinance No. 49-93 amending Chapter 110 of the City's Code of Ordinances pursuant to changes adopted under SB 364 governing Occupational Licenses. BACKGROUND: SB 364 adopted by the Florida Legislature in 1993 provides for changes to F .S. Chapter 205, "Occupational License Tax Act." Some of the changes were made effective immediately and affect the 1993/94 licensing year. Other changes are to be enacted by Ordinance pr ior to October, 1995 based on recommendations from the Occupation License Equity Study Committee that will be appointed by the Commission at this regular meeting. Staff is therefore proposing the amendments to specific sections of Chapter 110 of the Code of Ordinances to be in compliance with Chapter 205, F.S. RECOMMENDATION: Staff is recommending approval to the amendments to various sections of Chapter 110, "Occupational License Generally," on first reading and adoption of the same after the required public hearing. LB:DQ B:OLamend.MEM/LCB '0 - I r I I I Section 1. That Title XI, "Business Regulations", Chapter 110, "Occupational Licenses Generally" , Section 110.02, "License i Required", of the Code of Ordinances of the City of Delray Beach, I Florida, is hereby amended to read as follows: I No person shall engage in or manage any permanent I I business location or branch office for any business, profession or occupation set forth in this chapter, 1 I within the limits of this city, unle~s a city license shall have been procured from the Building Official of J the city. One license shall be issued to each person I upon receipt of the amount hereinafter provided in this I chapter, and this license shall be signed in the name of the city by the Building Official. Section 2. That Title XI, "Business Regulations", Chapter 110, "Occupational Licenses Generally" , Section 110.03, "Application Da te ; Date License Due and payable", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Application for any license shall be made on or subsequent to gepte~et//l August 1 of each year, and all licenses shall be deemed to be delinquent if not paid on or before 0tt6~et/l September 30 of each year. In the event that 0tt6~et//1 September 30 falls on a weekend or a holiday, the tax shall be due and payable on or before the first working day following 0tt0~~t//l September 30. Section 3. That Title XI, "Business Regulations", Chapter 110, "Occupational Licenses Generally" , Section 110.04, "Duration; i Expiration Date", of the Code of Ordinances of the City of Delray I Beach, Florida, is hereby amended to read as follows: I No, license shall be Lttrled valid for more than one year and all licenses shall expire on 0tt6~et//1 September 30 of each year, except as otherwise provided in this chapter. I Section 4. I That Title XI, "Business Regulations", Chapter 110, "Occupational Licenses Generally", Section 110.07, "Transfer of License", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety, and a new Section 110.07, "Transfer of License", is hereby enacted to read as follows: - 2 - Ord. No. 49-93 '. '. . "I Section 8. That this ordinance shall become effective ten 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 , 1993. MAY 0 R ATTEST: City Clerk First Reading . Second Reading I - 4 - Ord. No. 49-93 '. .. . ORDINANCE NO. 49-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI," "BUSINESS I REGULATIONS" , CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF I DELRAY BEACH, FLORIDA, BY AMENDING SECTION 110.02, I "LICENSE REQUIRED" , TO PROVIDE FOR LICENSES FOR I ! PERMANENT BUSINESSES OR BRANCH OFFICES; BY AMENDING , SECTION 110.03, "APPLICATION DATE; DATE LICENSE DUE AND i I PAYABLE" , TO PROVIDE FOR PAYMENT DATES; AMENDING SECTION 110.04, "DURATION; EXPIRATION DATE", TO PROVIDE FOR AN EXPIRATION DATE FOR EACH LICENSE; BY REPEALING I SECTION 110.07, "TRANSFER OF LICENSE", AND ENACTING A NEW SECTION 110.07, "TRANSFER OF LICENSE", TO PROVIDE I FOR INCREASED FEES FOR LICENSE TRANSFERS; ADDING A NEW SECTION 110.10(C) TO PROVIDE FOR CIVIL ACTION AND I PENALTIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the State Legislature enacted Section 205.065, F.S. , in 1992 to provide that occupational license tax may be levied on any person who maintains a permanent business location or branch office with the local municipality for any business, profession or occupation; and ! WHE REAS , said Section 205.053, F. S. , provides that the local municipality shall sell all licenses beginning on August 1st of each , year and the same will expire on September 30th of the succeeding year; and WHEREAS, said Section 205.043, F.S. , provides that any " business license may be transferred to a new owner and location when there is a bona fide sale of the business, said payment of a transfer fee of up to ten percent (10%) of the annual license tax, but not less than $3 nor more than $25; and WHEREAS, said Section 205.053, F.S. , provides for penalties, including court costs, reasonable attorney fees, additional administrative costs and a penalty of up to $250; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to conform its occupational license ordinance with Chapter 205, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I I '. . " , I Any business license may be transferred to a I (A) new I owner, when there is a bo~a fide sale of the business, I upon payment of a trans fer fee of up to ten percent i (10%) of the annual license tax, but not less than i $3.00 nor more than $25.00. j ill As permitted by Florida Statutes, applicable section of F.S. , all business licenses may be transferred for the business for which they were taken out when there is a bona fide sale or transfer of the property used and employed in the business as stock in trade, but the transferred license shall not be held good for any longer time or period than from which it was originally issued. The original license shall be surrendered to and filed with the Building Official at the time application for transfer is made, and the transferred license shall be of the same force and effect as the original license. Both parties involved shall be in agreement with the transfer of the license and shall sign a transfer application. At the time any license is transferred, the person applying for the transfer shall pay a fee of up to ten percent (10%) of the annual license tax, but not less than $3.00 nor more than $25.00. Section 5. That Title XI, "Business Regulations", Chapter 110, "Occupational Licenses Generally", Section 110.10, "Delinquent Payment; Additional Penalties", of the Code of Ordinances of the City I of Delray Beach, Florida, is hereby amended by adding a new subsection I (C) to read as follows: (C) Any person who engages in any business, occupation I O;-profession covered by this chapter, who does not pay the required occupational license tax within 150 days after the initial notice of tax due, and who does not obtain the required occupational license is subject to civil actions and penalties, including court costs, reasonable attorney fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to $250. Section 6. That all ordinances or parts of ordinances which are in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. - 3 - Ord. No. 49-93 '. . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt'?<./ SUBJECT: AGENDA ITEM i /0 ,..l? - MEETING OF AUGUST 24. 1993 RESOLUTION NO. 77-93 DATE: August 20, 1993 This is a resolution establishing a budget for the Stormwater Utility System; establishing the rates for fiscal 1994 Stormwater Management assessments and certifying and adopting the Stormwater Management Assessment Roll. The rates are the same as they have been for the last three years. The proposed budget for the Stormwater Utility Fund is attached as backup material for this item. The assessment roll will be placed in the Commission chamber for review prior to Tuesday evening's meeting. Recommend approval of Resolution No. 77-93. ~ 5~o " . '" ---- RESOLUTION NO. 77-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER MANAGEMENT ASSESSMENT ROLL. WHEREAS, the City Commission of' the City of Delray Beach, I Florida, did, on July 6, 1990, adopt Ordinance No. 21-90, which provides for the creation and establishment of a City-wide Stormwater Management System; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on April 27, 1993, adopt Ordinance No. 35-93 which I amended Chapter 56 of the Code of Ordinances of the City of Delray Beach, Florida, to provide for the method of establishing and collecting Stormwater Management Assessments; and, WHEREAS, the statutory authority for the creation and implementation of Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, has found that owners, tenants and occupants of propert '/ within the geographical boundaries of the City will derive a special benefit from the effective management of stormwater and other surface water and from the operation, maintenance and expansion of thE: stormwater management system; and, WHEREAS, Ordinance No. 21-90, as amended, establishes tha:: the rate for Stormwater Manag~ment Assessments for each parcel withi:~ the benefited area, other than with respect to non-assessed property, shall be established- each year by resolution of the City Commissior. ; and, * I l! WHEREAS, Ordinance No. 21-90, as amen.ded, provides that such rate resolution shall not be adopted prior to the establishment of an operational budget for the system or prior to conducting a rate hearing as required by applicable law; and, WHEREAS, Ordinance No. 21-90, as amended, provides that such budget shall include, but not be limited to a capital element, a debt service element and an 0 and M element and further requires that the rate hearings and rate resolution shall clearly establish what portion I of the Stormwater Management Assessment reflects the capital element, i the debt service element, if any, and the 0 and M element; and, i I WHEREAS, Ordinance No. 21-90, as amended, provides that the I initial stormwater budget shall also include, but not be limited to, I all costs of creating the system, including legal fees and expenses and the fees and expenses of the Consulting Engineer, the reimbursement of the City's general fund for any monies (other than the proceeds from voter-approved debt) appropriated to pay the cost of making additions, extensions and improvements to the existing system; and, WHEREAS, a budget of operation for the year ending September I 30, 1994, is set forth herein in Exhibit "A" and is established in i I conformity with the requirements of Ordinance No. 21-90, amended, ! as i and Chapter 56 of the Code of Ordinances of the City of Delray Beach, Florida; and, WHEREAS, billing and collection of the Stormwater Management Assessment shall be accomplished utilizing the uniform method of collection; and, WHEREAS, a rate for Stormwater Management Assessments for the various classes of property (other than non-assessed property) within the benefited area shall be calculated as provided in Ordinance i No. 21-90, as amended, and as further set forth in Exhibit "B" to this i resolution; and, I WHEREAS, a public hearing on this resolution setting the ! rates and adopting the budget and for the purposes of adopting and certifying a stormwater assessment role was duly noticed; and, WHEREAS, the City, upon adoption of the budget and rates, I shall review the stormwater assessment roll to determine its ; conformity with the proposed rate resolution and if upon the i completion of such review the City shall be satisfied that the Stormwater Management Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt said resolution and I I i 2 Res. No. 77-93 - - '. - ---------- ---- ratify and confirm the Stormwater Management Assessment Roll and certify that the Stormwater Management Assessment Roll is correct and proper and is to be used in collecting the Stormwater Management Assessments. Thereafter, the City Commission, if no objections are made by persons affected by the assessment roll at the public hearing or if objections having been made are deemed insufficient by the City Commission, shall thereupon adopt the assessments as shown by the Assessment Rolli and, WHEREAS, the owner of each parcel within the benefited area for which a stormwater assessment is ievied shall thereafter be responsible for payment thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, does hereby adopt the aforementioned preamble in its entirety. Section 2. That the City Commission of the City of Delray Beach, Florida, does hereby adopt, after public hearing, the budget as established in Exhibit "A" hereto which is incorporated herein. Section 3. That the City Commission of the City of Delray Beach, Florida, does hereby adopt, after public hearing, the rates as set forth in Exhibit liB" which is incorporated herein. Section 4. That the City Commission of the City of Delray Beach, Florida, hereby adopts and certifies the Stormwater Management Assessment Roll. PASSED AND ADOPTED in regular session on this the 24th day of August, 1993. MAY 0 R ATTEST: City Clerk - 3 - Res. No. 77-93 '. EXHIBIT "A" PREPARED 08/20/93 BUDGET PHEPARATION WORKSHEET PAGE' FOH FISCAL YEAR 94 MANAGER'S ACCOUNT DESCRIPTION RECOMMENDED STORM WATER UTILITY FUND STORM WATER UTILITY ADMINISTRATION 12-10 REGULAR SALARIES/WAGES 22490 21-10 EMPLOYER FICA 1720 22-10 GEN'L EMP RETIREMENT 1240 23-10 LIFE INSURANCE 110 23-20 DISABILITY INSURANCE 240 23-30 HEALTH INSURANCE 2530 24-10 WOHKERS' COMPENSATION 100 25-10 UNEMPLOYMENT COMPENSATION GO -- -- - ------- , PERSONAL SERVICES 28490 31-30 ENGINEERING/ARCHITECT 50000 31-90 OTHER PROFESS SERVICES 35250 32-10 AUDIT/ACCOUNTING F~ES 250 34-90 OTHER CONTRACTUAL SERVICE 24750 45-10 GENERAL LIABILITY 18960 49-10 ADVERTISING 380 49-22 SHARE OF ADMIN EXP 43950 - --- - ---"--- , OPERATING EXPENSES 173')40 63-90 OTHER IMPROVEMENTS 390000 ----------- . CAPITAL OUTLAY 390000 91-01 TRANSFER TO GENERAL FUND 30000 ----------- , NON-OPERATING 30000 . '* ADMINISTRATION 622030 '. . EXHIBIT "A" PREPARED 08/20/93 BUDGET PREPARATION WORKSHEET PAGE FOR FISCAL YEAR 94 HANAGEH'S ACCOUNT DESCRIPTION RECOMMENDED STORMWATER SYSTEM ~~INT 12-10 REGULAR SALARIES/WAGES 95450 14-10 OVERTIME 4990 21-10 EMPLOYER FICA 7680 22-10 GEN'L EMP RETIREMENT 5280 23-10 LIFE INSURANCE 530 23-20 DISABILITY INSURANCE 1010 23 30 HEALTH INSURANCE 10130 24-10 WORKERS' COMPENSATION 7680 25-10 UNEMPLOYMENT COMPENSATION 210 .~ - - - - .. . PERSONAL SERVICES 133010 34-70 PHOTO/MICROFILM SERVICES 100 34-78 REPAIR & UPKEEP CANALS 4000 34-90 OTHER CONTRACTUAL SERVICE 4000 40-10 TRAVEL & TRAINING 1070 41-15 PORTABLE PHONE/BEEPER 40 44-30 EQUIPMENT 400 44-45 VEHICLE RENTAL-GARAGE 11820 46-20 EQUIPMENT MAINTENANCE 900 46-30 VEHICLE MAINT-GARAGE 4180 46-90 OTHER REPAIR/MAINT COST 13200 51-10 STATIONERY/PAPER/FORMS 200 51-90 OTHEH OFFICE SUPPLIES 100 52 10 FUEL/LUBE VEHICLES 3780 52-11 fUEL/ OIL OTHER 250 52-20 GEN'L OPER SUPPLIES HOKO 52 22 UNIFORMS/LINEN SERVICE 4100 52-21 BUILDING MATERIALS 2.100 52-27 EQUIPHENT < $500 16')0 53 20 REPAIRS - DRAINAGE 22900 54 20 MEMBERSHIPS 50 54-30 TRAINING/EDUCATION COSTS 400 OPERATING EXPENSES 83520 64-25 HEAVY EQUIPMENT 12700 64-90 OTHER MACH/EQUIPMENT 8240 ---------_.- . CAPITAL OUTLAY 20940 " STORMWATER SYSTEM MAINT 237470 '* . STORM WATER UTILITY 859500 * '" * '" 859500 ***** STORM WATER UTILITY FUND 859500 ----------- 859500 '. ~ EXHIBIT B Total 12 Month Property Description Rate Structure Assessment .. Single Family ($2.l5/Mo./ERU)(ll Mo.)(lERU) Residential $ 1.7.00 Condominium ($2.25/Mo./ERU)(12 Mo.)[Condo Factor $ 27.00 X CF* (ERU/Unit)) single Owner Multi- Family Residential ($2.25/Mo./ERU)(12 Mo.) $ 27.00/ERU Non-Residential Developed ($2.25/Mo./ERU)(12 Mo.) $ 27.00/ERU Undeveloped ($2.25/Mo./ERU)(12 MO.)(1.20 ERU/AC) $ J2.40/AC All properties within the Lake Worth Drainage District, as indicated by the Palm Beach County name-address-legal file (HAL) shall receive a discount. All properties for which the City does not provide tor the maintenance 0 f street drainage systems ahall receive a 25' discount. 'It A specific condo factor (0.0 - 1.0) has been determined for each condominium development. A list of thoBe factors is attached. - EXHIBIT B City of Delray Beach Environm~ntal Services Department Stormwater Utility Division February 19, 1991 Condominium Factors .........................-.....--........... Condominium Property 1.0. ERU/Unit .---...--......... -.-.~.-*-_... .as_:!!!:~~!!I!!! 1 Admiral Apts. 1243461648 0.70 2 Anchorage 1243461663 0.36 - 3 Balmoral 1243462119 0.57 4 Banyan.House 12lt34621l8 0.52 5 Banyan Tree Villa 12lt3462130 0.96 6 Bar Harbour 1243461636 0.39 1 Barr Terrace 1243461644 0.38 8 Barrton Apts. 1243462122 0.46 9 Beach Cabanas 1243461667 0.64 10 Beekman 1243460941 0.70 11 Bermuda High 1243462814 Loa 12 Bermuda High S. 1243462815 0.94 13 Bermuda BiSh W. 1243462841 1.00 14 Brooks Lan. 1243462129 1.00 15 Cambridle 1243462823 1.00 16 Captain. Walk 1243463333 0.86 17 Calla n.l Mar 1243lt62125 0.49 l8 Chevy Chase 1243460940 0.70 19 Churchill 1243462 J J2 0.60 20 Coastal House 1243462825 0.41 .. . l,,;ondOJlUrllWlI i'aC~OrlO .___.-.----.----..---..-.~---=s..=~=.-~ss-~ Condominiwu Property 1.0. ERU/Unit ----------.-..--.- ...--.......&- s........ ----.--. - 21 Commodore Apts. 1243461649 0.70 22 Coral Cove 1243461654 0.70 ~3 Costa Del Rey 1243462835 0.63 24 Costa Del Rey N. 1243462846 0.77 25 Court of Delray 12.43462829 0.40 26 Crest 1243461657 0.79 27 Del Hubour 1243462824 0, J2 28 Del Haven 1243462121 0.74 29 Delray Deh Club 1243462834 '0.47 30 D81ray Estates 1243461910 0.55 1243461913 1243461915 1243461926 ~l Delray Harbour C1. 1243462142 0.44 32 Delray Oaks 1243463002 0.95 33 Delray Oaks W. 1243463014 0.95 34 Delray Summit 1243461633 0.41 35 DomainB Delray 1243462143 0.91 36 Dover House 1243461678 0.48 37 Ea.t Haven 1243461637 0.70 1243461638 38 lastview ViII. Sq. 1243462845 1. 00 39 Eastwinds 1243'63019 0.69 40 800 Ocean Pl. 1243460942 1.00 41 Environment I 1243463017 0.93 42 Fairway 1243461911 1.00 43 Fall Ridse 1243462036 1.00 Condominiwn Property 1.0. ERU/Unit =....__..__....... ..~_~__....D.. --....... 44 First Encounter 1243461818 0.70 45 Goltvlew Culony' 1243401929 1,00 46 Gresenswar4 Vill. 1242462403 0.91 47 Grove 1243461659 0.99 48 Hamilton House 1243462127 0.77 49 Harbour Villas 1243462839 0.56 50 Harbourside I-III 1243462126 0.67 51 High Point 1242461310 0.76 1242461311 1242461312 1242461313 1243461807 1243461808 1243461809 1243461810 52 Imperial Manor 1243461631 0.70 53 Imperial Villa$ 1243461914 0.96 54 Inlet Cove 1243460960 1.00 .55 Innar Circle 1243461652 0.72 56 Jardin Delmu 12'.3461658 0.B3 57 Lago Del Rey 1243461918 0.86 1 24 'J 4 6 1 Y J2 1243461935 1243461937 58 Lakeview Gr..ns 1242462405 0.90 59 Landings of 0.8. 1243460954 0.63 60 Lavers Racquet Cl. 1243462916 0.99 1243462921 61 Linton Ridge 1243462040 . 0.39 62 Linton Woods . 1243462131: 1. 00 63 Hanor House 12434616AS 0.67 64 Martel Arms 1243460950 1. 00 ~ Condominium Factors = __..___.........___......=.--.....:s... Condominiwu Property I.D. ERU/Unit __~ ---..=~_._ ~__d.._____... =~...... 65 New Monmouth 1243461632 0.70 66 Ocean Aire 1243461642 0.70 1243461643 67 Ocean East 1243461650 0.70 68 Ocean Place 1243461674 1.00 69 Ocean Terrace 1243461634 0.-70 70 Outrigger 1243462812 1.00 1243462813 71 Palm Square 1243461651 0.70 72 Palm Trail 1243460944 0.70 1243460945 73 Palm Villas 1243461927 1. 00 74 Park View Manor 1243461640 0.55 75 Penthouse Delray 1243462816 0.41 76 Pines of Delr.y 1243461916 0.72 77 Pines of Delray W. 1243461928 0.75 78 Plum 1243461Cl64 1. 00 79 Sabal Pine 1243463001 0.85 80 Sabal Pine East 124346JOO6 0.93 81 Saba! Pine South 124346JOOio 0.87 82 Sealate Manor 1243461639 0.51 83 S.agate Towers 1243461645 0.49 84 58astone Apts. 1243460961 0.34 85 South Ocean 1243462836 1.00 86 South Shore Club 1243462137 1. 00 87 Southridge 1243462046 1. 00 88 Southr1dg8 Villag_ 1243462039 0.90 Condominium Factors .............-................--............ Condominium Property 1. O. ERU/Unit -- -~._..... ....-.-------- ....--- -- 89 Southwinds 1243463022 0.69 90 Spanish River 1243'61671 0.34 91 Spanish Trail 1243462832 0.59 92 Spanish Wells 1242462503 0.72 1242462504 93 Talbot House III 1243461682 0.70 94 Town & Country 1243462913 0.57 95 Tropic Bay 1-17 124]462826 0.61 96 Tropic View 1243462859 1.00 97 Valhalla 1243460948 1.00 98 Waterv!.w Apt.. 1243462120 0.67 99 Waterway North 1243460955 0.92 100 Wedgewood 1243461641 0.70 101 Wil1iam5burg Inn 1243461b56 0.70 102 Windemere House 1243461655 0.63 103 Winston 1243461670 0.56 104 Woodb1"oOKe 1243461931 0.66 105 Country Manors 1242461204 1.00 I 06 Coach Gat. 1243461668 0.97 107 Tahiti Cove 1243461672 0.79 108 Berkshire I 1243462133 0.79 109 Pines of Oelray N. 1243460705 0.99 110 Serena Vista 1243463310 1.00 III Pelican Point. 1243463234 LOa ~ Condominium Factors .~.........._~d....___..--...-~--......._e. . Condominium Property 1. D. ERU/Unit -------------.-... -------------- =...--- \12 Tropic Harbor 1243462817 0.49 1243462818 1243462819 1243462820 1243462822 1243462827 1243462828 113 Oelray Prof. 1243460726 1.00 114 Marly 1243460949 0.58 115 Delray Golfview 1243461922 0.57 116 Barkeshira II 1243461673 1.00 417 Waterway East 1243461662 l.00 118 Vacation B.ach 1243461677 0.10 119 Miramar Gardens 1243461681 1. 00 120 Tropic Isle 1243462842 0.70 121 Fed Saving$ 12434609.56 0.10 122 99 5eabreeze 12434616A6 0.69 123 Cov. Apt. 12434616A7 0.10 124 One t-en Apts 1243461681 0.10 125 Haddan Delray 1243461682 0.70 126 1002 Inaraham 1243461653 0.70 121 1000 Ocean Terr. 1243461660 0.10 128 Vacan.t 1 1243461665 0.70 129 1&2 ApU. 1243461666 0.50 130 210 SI 1 Ave 124346166-9 0.70 131 355 BIdS' 1243461674 1.00 132 336 Venetian 1243461616 0.10 133 303 Gleason 1243461679 0.70 . , Condominium Factor~ ........................--.................. Condominium Property 1.0. ERU/Unit .---------.-...... ---.....--.... aa...___ ! 134 Vacant 2 1243461686 0.70 1243461687 1243461688 - 135 160 S.!. 6th 1243461689 1.00 136 Storall 1243461838 0.70 137 Vacant 3 1243461940 0..70 138 876 17th Ave 1243461943 0.70 139 Glfenze.U 1243462051 0.10 140 900 S.W. 1'th 1243462054 0.70 141 16244 S. Military 1242462512 0.70 142 900 S. Ocean 1243462123 0.70 143 1705 Del Harbor 1243462136 0.70 144 1020 Casuarina 1243462148 0.70 /45 Vacant 4 1243462149 0.70 /46 50.5 S.!. 6th 1243462156 0.70 147 1040 Del Harbor 1243462157 0.70 /48 1708 S. Ocean 1243462837 0.70 149 The Points 1243463223 0.69 12434632) 1 ~------..------.........----..~~~e..___.___. '. . . - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS jU.A FROM: CITY MANAGER t.; ,,( SUBJECT: AGENDA ITEM # /a.. A - MEETING OF AUGUST 24. 1993 ORDINANCE NO. 50-93 DATE: August 20, 1993 This is the first reading of an ordinance rezoning land presently zoned RM (Medium Density Residential) to PRD (Planned Residential Development); said land being a portion of Tracts A and B, Lago Del Rey and a portion of the Plat of Lago Del Rey, Plat II A. The subject property is located on the west end of Casa Way, south of the Clearbrook Subdivision and west of Lago Del Rey North and contains a 3.4 acre vacant parcel of land. The property is a residual parcel of an overall condominium development and has previously been approved and vested for two 14-unit multiple family buildings. The development proposal is to construct 14 zero lot line homes with a passive park on this site. The new development will function as a part of the Clearbrook Subdivision with respect to access, use and maintenance of common areas, and will have similar model types. The rezoning request from RM to PRD for this property is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. . It is anticipated that there will be no negative impacts on the surrounding properties. At their August 16th meeting the Planning and Zoning Board recommended approval. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 50-93 on first reading. If passed public hearing September 14, 1993. f~ 6--0 A . " . - ORDINANCE NO. 50-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE PRD (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICTi SAID LAND BEING A PORTION OF TRACTS A AND B, LAGO DEL REY, AND A PORTION OF THE PLAT OF LAGO DEL 'REY, PLAT II A, AS MORE PARTICULARLY DESCRIBED HEREINi AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"i PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the PRD (~lanned Residential Development) District, as defined in Chapter Four at Section 4.4.7 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: Parcel 1: A portion of the plat of LAGO DEL REY, PLAT II A, recorded in Plat Book 39, Page 170, of the Public Records of Palm Beach County, Florida, lying in the West 1/2 of the Northwest 1/4 of Section 19, Township 46 South, Range 43 East, Palm Beach County, Florida, as more particularly described as follows: Beginning at the Northwest corner of the plat of LAGO DEL REY, PLAT II A, run South 00 degrees 06'54" East along the West line of said plat a distance of 259.02 feeti thence, run East a distance of 271.99 feeti thence run North 53 degrees 38'5111 East a distance of 67.52 feeti thence run North 36 degrees 21'09" West a distance of 31.00 feeti thence run North a distance of 194.03 feet to the North line of said plati thence run West along said North line a distance of 308.51 feet to I the Point of Beginningi AND I Parcel 2: A portion of Tracts A and B, LAGO DEL REY, recorded in Plat Book 30, Page 69, and a portion of the I plat of LAGO DEL REY, PLAT II A, recorded in Plat Book I 39, Page 170, both being recorded in the Public Records of Palm Beach County, Florida, and being more particularly described as follows: I ., A . -..--- B~ginning at the Northwest corner of Tract B, LAGO DEL REY, run on a bearing of South 00 degrees 06'54" East . along the West line of said Tract B a distance of 114.13 feeti thence run East a distance of 182.51 feeti thence run North a distance of 104.36 feeti thence run North 22 degrees 09'19" East a distance of 235.56 feet i thence run West a distance of 271.99 feeti thence run South 00 degrees 06'54" East a distance Of 208.40 feet to the Point of Beginning. The subject property is located on the west end of Casa Way, south of the Clearbrook Subdivision and west of Lago Del Rey North and contains a 3.4 acre parcel of land, more or less. Section 2. That the Planning Director of the City of Delray Beach, Florid~, shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. I Section 3. That all ordinances or parts of ordinances which I are 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 i~ediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk I First Reading Second Reading - 2 - Ord. No. 50-93 " ~.I.t I 11'.1. JllO" -~ - --.hrv CF - ....'1 F1 - \1. ~~ ?&m~ '-_I Ml ~~ r" 'k..:J ~ I I T V 1",01 ~ .. -"" to. .. o ( 10 I . r L . H 11 c::--y ......- ~~. I NO rr~ I 1 ( ~ Jr :\ y ~/ r---~~ -, ~. \. <tf . __--~ ~".. ..., 't8 /' ~ ~\J~- ,., , " J-- _ -~ - - to-- IQg , \ - -~ : >-- >-- p~ - -~ ~ I-- 10- ~ I'~ ,h( / ~ ~~Ry ~ :: ~ G j lr ~ j- R.1~ _ I- r-- ..... to-- - >- ..; I-' ....... ~ \ < ,. - - t= J::=:4 f- V I I < -- -~~ T __ _f-J7 ~ ~2 I!~. J- /'-- UQ :::: _ III -=" -.~ ,;tJ;' ~ ....... \- I- ~, \ '" J c ~~~FY ~=Io- __ ~ OS 1/ I \ ~CC I ~~;::. ,-.... I I ~:: /; ~ , t:w.JDl ~ ~y~,.. r-- """"" ~ t= II 1 C ~- - ~ L" ~~~ ~ I-- - ~ ~/_~y ) ~ ~ \ ~ / V >7: ' "". , ..,...~ / _ , \.. 1 / ...... ) '" ,~ ~'1-j AI ~ 'dJ'- - ~ - I I I f- - - Y/= ~ ~ -4 ~ -- /1/ I I I IT~ J ~M ~ Aii1 ~ Ji ~, 1 ......... T " I I I I I IOULEVARD LOWSON IOULEVARD I J - Jl _f , R.1.1~' A-B ~;J --- ;-=~ ...,~) { "--- - I ~ JJ- RM 1.-/ I - I I (7 '\. IJ' _~ ~~ '"' I ~~ ~ .A1'1 r ClEARBROOK ADDITION l REZONING FRO" R" TO PRO I !~ '. ..,j*(. P?v1 L. ' C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER THRU: ~~D~TO~ DEPARTMEN OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF AUGUST 24, 1993 FIRST READING OF ORDINANCE NO. 50-93 - REZONING PROPERTY ON THE WEST END OF LAGO DEL REY NORTH FROM RM (MEDIUM DENSITY RESIDENTIAL) TO PRD (PLANNED RESIDENTIAL DEVELOPMENT). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a residual portion of Lago Del Rey North from RM to PRO. The purpose of this rezoning is to accommodate an extension of the Clearbrook Subdivision into this area. The subject property is located at the west end of Cas a Way, between Homewood Boulevard and the E-3 1/2 Canal. In a separate action, a modification to the Clearbrook Master Development Plan (MOP) has been acted on by the Planning and Zoning Board. BACKGROUND: The subject property is the west 3.4 acres of the original Lago Del Rey Phase II-A (Lago Del Rey North) and is currently vacant. The property is a residual parcel of an overall condominium development and had previously been approved and vested for two 14-unit multiple family buildings (28 units total). The developers of Clearbrook wish to expand that PRD onto this vacant area. Their development proposal involves the creation of fourteen (14) zero lot line sites. Please refer to the attached Planning and Zoning Board staff report for the analysis of the request. ~ City Commission Documentation Meeting of August 24, 1993 First Reading of Ordinance No. 50-92 - Rezoning Property From RM to PC (West Portion of Lago Del Rey North) Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of' August 16, 1993, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony, other than general support, regarding the proposed rezoning. The Board voted (5-0) to recommend approval of the Rezoning request. In a separate action, the Board acted on the Master Development Plan modification. There was discussion and public comment regarding that action. RECOMMENDED ACTION: By motion, approval of Ordinance No. 50-93 on First Reading setting a 'public hearing date of September 14th. Attachments: * P & Z Board Staff Report & Documentation of August 16, 1993 * Copy of Ordinance No. 50-93 T. CCRELAGO. DOC ~ PLANNIN-G AND ZONINu t:iUAKU .. CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: August 16, 1993 AGENDA ITEM: III. A. ITEM: - Rezoning from RM to PRD of a Portion of 1880 Del Rey .J'I' ,. I " ........; f1 tit - ~ I T 1 - /h I V II> ~"~-~ ~ TT I - - c::::::;;.o I I -H r I ~ -"-< JL 1 I r .... ~ - , r1 - j \ \.J \,\ n I - II I II I I ::.: // f 1 r II:: :j - I ~ J. T I ::; it; - .... ~- - - ~ :;;l 11 1 r III UJJ..l I- ~ - --, --' l-- '-- - - - / --l ~ ~ ) - - - I~ # - / '\. ) - ~ r '1. - J - ---;J1 - - J 1. - ~ ~= - -- N -, r r- f-- ~ - - ~ .... I I L- ,.... ^ A.Y/I~ " -... ~ . --- f-- '-- ~ / I I I "- GENERAL DATA: Owner....................Alvin M. Kendis, Co-Trustee c/o Grahams, Anton, RObbins, et. a1. Contract Purchaser.......The Guardian Construction Company Agent....................Donaldson Hearing Cotleur Hearing, Inc. Location.................On the west end of Casa Way, south of the Clearbrook development and west of Lago Del Rey North. Property Size............3.4 acres City Land Use Plan.......Medium Density (5-12 du/acre) Existing Zoning..........RM (Medium Density Residential) Proposed Zoning..........PRO (Planned Residential Development) Adjacent Zoning...North: PRO East: RM South: RM West: OS (Open Space) Existing Land Use.......rVacant land. Proposed Lan4 Use........Rezoning from RM to PRO to accommodate an addition to the Clearbrook Subdivision to accommodate 14 zero lot line homes. Water & Sewer Service....Existing water and sewer mains are located along the west side of the subject property. The mains wlll be III. A. relocated within the right-of-way of the proposed street. '. - I T E M B E FOR E THE BOARD: The action before the Board is that of making a recommendation on a rezoning request from RM (Medium Density Residential) to PRO (Planned Residential Development). This rezoning is being sought in order to allow for the construction of 14 zero lot line, single family dwellings, which will be integrated into the Clearbrook Subdivision immediately to the north. The subject property is located at the west end of Casa Way, between Homewood Boulevard and the E-3 1/2 Canal. The property contains approximately 3.4 acres. A modification of the Clearbrook Master Plan is being processed concurrently with the Rezoning and is discussed in a separate Staff Report. BACKGROUND: The subject property is the west 3.4 acres of.the original Lago Del Rey. Phase II-A (Lago Del Rey North) and is currently vacant. The property is a residual parcel . of an overall condominium development and had previously been approved and vested for two 14-unit multiple family buildings (28 units total), along with associated parking. On July 2, 1993, a rezoning and master plan modification request were submitted for this property to accommodate 14 zero lot line homes to be incorporated into the Clearbrook development. The Lago Del Rey development has an extensive land use history. The following is a brief history as it relates to both Lago Del Rey and the Clearbrook Subdivision (aka Hidden Lake). Laqo Del Rey: Originally, the Lago Del Rey development contained 108 acres and was bounded by Atlantic Avenue on the north; Lowson Boulevard on the south; Homewood Boulevard on the east; and Dover Road on the west. On October 24, 1972, the City Commission approved a site plan for Lago Del Rey which included 1,200 apartment units. The parcel was subsequently subdivided to accommodate development in three (3) phases; Phase I, Phase II-A and Phase II-B. On July 23, 1973, the City Commission approved the final plat for Phase I (Lago Del Rey). In 1977, the north 36 acres (portion of Phase II-B) were sold off and has s.ince been developed as the Homewood Lakes subdivision. In 1978, modifications were approved for Phase II-A and Phase II-B, which reduced the number of proposed units from 310 to 248 [122 units for Phase II-A (Lago Del Rey North) and 126 units for Phase II-B]. '. ~ P & Z Board Staff Report Rezoning from RM to PRO for Clearbrook Subdivision Addition Page 2 On January 14, 1980, the City Commission approved the final plat for Phase II-A (Lago Del Rey North) . In 1981, condominium documents were recorded in the public records which created individual parcels for each building and associations for each parcel. Thus, individual ownerships were created without processing a plat. Both Phase I (Lago Del Rey) and Phase II-A (Lago Del Rey North) have been developed pursuant to the approved site plan (less the west 3.4 acres). Clearbrook (Hidden Lake): On August 23, 1988, the City Commission granted approval of a rezoning request from RM-10 to PRO-7 to accommodate a single family, zero lot line development (73 homes) known as Hidden Lake (formerly Lago Del Rey Phase II-B). Also, at that meeting the City Commission approved the site plan for Hidden Lake. On April 11, 1989, the City Commission approved the final plat for Hidden Lake. With the Citywide rezoning in 1990,. the property was rezoned from PRD-7 to PRO . The Hidden Lake project was taken over by Guardian Construction Corporation in 1990. The development's name was changed to Clearbrook. On February 25, 1991, the Planning and Zoning Board approved a request for minor site plan modification for Clearbrook. The modification allowed the side building setbacks for individual homes to be reduced from 151 to 101. Clearbrook is 60% built-out (43 of the 72 lots have homes) . PRO J E C T DES C RIP T ION : The development proposal involves the expansion of the Clearbrook Subdivision by adding 3.4 acres. Within the expanded area fourteen (14) zero lot line, single family units and a passive park are proposed. Also, the west side of the existing lake will be expanded by 10,160 sq. ft. The new development will function as a part of the Clearbrook Subdivision with respect to access, use and maintenance of common areas, and will have similar model types. As previously stated, per the approved Lago Del Rey site plan 28 multiple family units could be constructed on the property. The following analysis compares the impacts of the 28 multiple family units with the proposed 14 zero lot line homes. Z 0 N I N G A N A L Y S IS: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. - P & Z Board Staff Report Rezoning from RM to PRO for Clearbrook Subdivision Addition Page 3 This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. IFuture Land Use Map: I The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Medium Density Residential (5-12 u/a) land use plan designation and is currently zoned RM (Medium Density Residential). The proposed zoning of PRO (Planned Residential Development) is consistent with the Medium Density Residential Land Use Plan Designation. The Medium Density Residential land use plan designation is applied to land which is to be developed at a density between 5 and 12 units per acre. The proposed development density is 4 units per acre. A lower density than allowed is not considered to be an inconsistency. Based upon the above, a positive finding with respect to consistency with the land use plan designation can be made. I Concurrency: I Facilities which are provided by, or through, the City shall be pro v ided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Existing 8" water and sewer mains are located along the north and west sides of the subject property. Preliminary engineering plans were submitted indicating that the existing mains will be removed and relocated within the right-of-way of the proposed street. The plans also show fire hydrants every 500'. The rezoning from multiple family units to single family dwellings will not generate an increase in water demand. Also, there will not be an increase in the volume of sewage generated from the change to single family units. Further, there is adequate capacity to handle the water demand and sewage generated from this development. '. P & Z Board Staff Report ~ Rezoning from RM to PRO for Clearbrook Subdivision Addition Page 4 Drainaqe: The preliminary engineering plans indicate that drainage from the new area will flow easterly to the lake via storm drains within the road right-of-way. Lake Worth Drainage District permits will need to be modified accordingly to reflect the proposed development. The rezoning will have no impacts on drainage as it relates to concurrency. Streets and Traffic: A traffic impact study was submitted with the rezoning request. The study indicated that the previously vested multiple family (condominium) units would have generated 196 average daily trips and the proposed 14 single family units will generate 140 average daily trips, for a net reduction of 56 trips. The traffic generated by this development will not have an adverse impact on the level of service standards along Homewood Boulevard or the surrounding roadway network. Parks and Open Space: The rezoning from RM to PRO will not create additional demand on the park and recreation facilities within the City. Pursuant to the Open Space and Recreation Element of the Comprehensive Plan, there is currently a deficiency of neighborhood parks within the southwest portion of the City. However, this deficiency will be corrected with the proposed park in the area of Blood's Grove. Pursuant to LDR Section 5.3.2(C)(1), whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in-lieu fee will be collected and used to provide public park facilities. Solid Waste: The zoning change from RM to PRO does not significantly affect the demand on existing solid waste facilities. The trash generated by the proposed 14 zero lot line units will generate a total of 19.04 pounds per day (1.36 lbs./day X 14). The previously approved multiple family units would generate 26.88 pounds per day (.96 Ibs./day X 28 units). Overall, there is a net reduction of 7.84 pounds per day. The trash generated can be accommodated by the existing facilities. I Consistency: I Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(0)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used 1n the making of a finding of overall consistency. '" P & Z Board Staff Report Rezoning from RM to PRO for Clearbrook subdivision Addition Page 5 Section 3.3.2 (Standards for Rezoninq Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That a rezoning to other than CF within a stable residential area be denied. (Housing Element A-2.4) The subject property is located within a stable residential area, and is zoned residential with site plan approval to construct two (2) 14 unit condominium structures. Pursuant to Policy A-2.4, properties indicated as stable residential areas on the Housing Map, should have the most restrictive residential zoning district applicable affixed to the property. The PRO zone district is more restrictive than the RM, and is more appropriate with respect to the proposed development. The proposed use should not have a detrimental effect on the stability of the neighborhood. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to property mitigate adverse impacts from the new use. North of the property is zoned PRO (Clearbrook Subdivision); south and east are zoned RM (Lago Del Rey and Lago Del Rey North condominiums respectively); and west is zoned OS (Open Space) (Hamlet golf course). The proposed development is consistent and compatible with the surrounding land uses and should not create any adverse impacts. Section 2.4.5(0)(5) (Rezoninq Findings): Pursuant to Section 2.4.5(0)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error, b. That there has been a change in circumstances which make the current zoning inappropriate, c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. '. P & Z Board Staff Report Rezoning from RM to PRO for Clearbrook Subdivision Addition Page 6 The applicant has submitted a justification statement which states the following: "The petition is a request to amend the existing RM zoning designation on the s_ubject property to PRO and is consistent with Item C above. The subject property is currently approved for 28 multi-family condominium dwelling units which equates to a density of 8.2 d.u. per acre. The subject property is contiguous to the Clearbrook at Delray PUD to the north. The Clearbrook property maintains a PRO zoning with a density suffix of 7; the actual density is just above 5 d.u. per acre. This request is of similar intensity as allowed under the Future Land Use Map. It is intended that the subject parcel be added to the plat of Clearbrook at Delray, aka Hidden Lake. The addition of this property is a logical extension of the Clearbrook development and is a good alternative development scheme to the previously proposed condominium. It is highly unlikely that this property would be developed as a multi-family development scheme, thus the re-zoning to PRO will allow for the infill and completion of the development for this property. II Comment: The justification statement addresses Item C as the basis for which the rezoning should be granted. The single family homes are of similar intensity, if not less intense, as allowed under the Medium Density Residential land use plan designation, and is more appropriate for the property based upon circumstances and the character of the surrounding neighborhood. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives are noted. Land Use Element Objective A-l - Vacant property shall be developed in a manner so that the future use and intenlity 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. A. . Physical Considerations - The property has previously been disturbed for the purposes of future development. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residences. B. Complimentary with Adjacent Land Uses - The proposal will be complimentary with the adjacent residential , uses to the north, south and west. " P & Z Board Staff Report Rezoning from RM to PRO for Clearbrook Subdivision Addition Page 7 C. Fulfills Remaininq Land Use Needs - The proposed development will help fulfill remaining land use needs by providing a variety of housing types which are to be owner occupied and which can accommodate families. Open Space and Recreation Element Policy A-3. 3: Tot lots and recreational areas shall be a teature ot all new housing developments which utilize any ot the City's PRO zone districts or which have homeowner associations which must care for re~ention areas, private streets, or common areas. The Clearbrook master plan provides for two (2) tot lots. However, the equipment for these tot lots has not yet been installed. Additionally, the developers have indicated that the existing residents are not in favor of installing the tot lots. Installation of these lots will be addressed with the master plan modification. Land Use Element Policy A-l.51 In order to provide tor a more balanced demographic mix, the development ot "large scale adult orientated communities" on the remaining vacant land is discouraged. This development is not a "large scale adult oriented community", thus this Policy is not applicable. Land Use Element Policy A-3.1 - Prior to recommending approval of any land use application which comes betore it, the Local Planning Agency must make a tinding that the requested land use action is consistent with Objective A-3 which states that the development ot remaining land shall provide tor the retention ot open space and natural resources. Pursuant to Policies A-3.2 and A-3.3, these policies do not apply in this instance. Conservation Policy B-2.5 - Whenever new development or redevelopment is proposed along a waterway, a canal, an environmentally sensitive area, or an area identitied via Policy B-2.1, an area equivalent to at least lOt of the total area ot the development shall be set aside in an undisturbed state or 25t of native communi ties shall be retained pursuant to Treasure Coast Regional Planning Commission Policy 10.2.2.2. This policy is applicable as the property abuts a LWDD canal. However, the entire site is in a disturbed state and there are no native communi ties that abut the canal. The development proposal is consistent with the Clearbrook Subdivision plan that was approved to the north. Further, the PRO regulations reQuire this development to provide a minimum 15' open space. The overall development will provide 16.33' of common open space. '. P & Z Board Staff Report Rezoning from RM to PRO for Clearbrook Subdivision Addition Page 8 REV I E W B Y o THE R S I The rezoning is not in a geographic area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Special Courtesy Notice: Special notices were provided to the following homeowner's associations and citizen's groups: Clearbrook Homeowner's Association Hamlet Homeowner's Association Lago Del Rey North Condominium Association Lago Del Rey Condominium Association Progressive Residents Of Delray (PROD) United Property Owners Public 'Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ASS E SSM E N T AND CON C L U S ION : The Rezoning request from RM to PRO for this property is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. It is anticipated that there will be no negative impacts on the surrounding properties. The property is currently vacant and has been for some time. The rezoning will allow the construction of 14 zero lot line homes which will be an extension of the Clearbrook development to the north. ALTERNATIVE ACT ION S I A. Continue with direction. B. 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). C. 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(0)(5) the rezoning fails to fulfill at least one of the reasons listed. - P & Z Board Staff Report Rezoning from RM to PRO for Clearbrook Subdivision Addition Page 9 S T A F F R E COM MEN 0 A T ION I Recommend approval of the rezoning request from RM to PRO for Clearbrook Addition 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.S(E)(S). Staff Report prepared by: Jeff Costello, Planner Report reviewed by David J. Kovacs on: Auqust II, 1993 Attachments: * Location Map * Master Site Plan TIRECLEAR.DOC , '. - ~~ U'll1lU-~ -- -- - - 1. r-r V ~ _LIT 7 F; M I CF ~ /' ~ :IJ:n ~ ~ ~ 7 'id ~ ! --t U ~ JP:::::,.. · ~ ~""~ = 010 i , a.."e \ ___ ~~ I NC _ I J .1'. 110. 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Ie""'-':; . -, -, -, -, -, -,~-'I:-'. I' I' I' .1' I' I' I~ "':'-'II':-Jo-,.., ~:I L___.J I I I I 1 I II I I I I 'J. I' I '0 '-' - " ~ .l.1'~~'~- :-L)J: ~I: ~I: j;ll: ::;,: Pl': ~I: "'lle"el!e.!GI!(:?)d@"el!@lljll@,"@!o~l,:l: :.I!.... ~ 1----/d::J~ 1:b!:bd'111 -. II . I!' I, I' I. 1',1,,--.1.) I. I: r.!' :..." ~'.I":~ c" , . '~"'. 1__ _J -J+----4---1!:..-J I--J _.J _J -~ - _J _J.. ....J fJ' .:.......1 ..':oJ:: ~ ,\" ~":"--:----:\: __ __ u u u_____.I!-_____.l:::__.l:::__..I:;,..E__~_J:_:_ut:::t_~J~~. .:;': , _' 1 'l!Y"';) Jtt-!I '- . ~. _~ -. -,..?:.'~,..:: ~. . . ~ .. . .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tifi) SUBJECT: AGENDA ITEM ~ /;;;.. E - MEETING OF AUGUST 24. 1993 ORDINANCE NO. 51-93 DATE: August 20, 1993 This is the first reading of an ordinance amending the Land Development Regulations to add "wash establishments or facilities for vehicles" as a conditional use within the CBD (Central Business District) zone district. This amendment carne about at the request of the owner of the Express Car Wash. The owner wants to expand the car wash facility onto property immediately to the south. The car wash is currently operating as a non-conforming use in the CBD zone districtj and as such, may not be expanded. The proposed amendment would permit the expansion of this facility while prohibiting such uses east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. At their August 16th meeting the Planning and Zoning Board recommended denial of the request (5-1 vote) . While the Board was sympathetic to the applicant's situation, the members did not feel that it was appropriate to accommodate the request. In its final action, the Board cited inconsistency with direction in the Comprehensive Plan (auto uses in the CBD) and the granting of a special privilege as the basis for its recommendation. A detailed staff report is attached as backup material for this item. Recommend denial of Ordinance No. 51-93 on first reading. ~~ 6/0 .. - . C I T Y COM MIS S ION DOC U MEN TAT ION TO: Ci~. HARDEN, CITY MANAGER . \JC~WkGl\C-/i- THRU: ~AVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: SUBJECT: MEETING OF AUGUST 24, 1993 LOR AMENDMENT ADDING CAR W FACILITIES AS A ':ONDITIONAL USE IN THE CENTRAL BUSINESS (CBD) ZONING DISTRICT ACTION REQUESTED OF THE COMMISSION: The act,1on requested of the City Commission is that of consideration of a text amendment that would allow "wash establishments or facilities for vehicles" as a conditional use in the CBD zoning district. The affected LOR section is 4.4.13(0), Central Business (CBD) District, Conditional Uses and Structures Allowed. BACKGROUND: This amendment came about at the request of the owner of the Express Car Wash, located at 375 N.E. 6th Avenue (northbound Federal Highway) . The owner wants to expand his car wash facility onto the property located immediately to the south, which was most recently occupied by a car rental agency. Both properties are wi thin the CBD zoning district, which does not allow car washes. As a non-conforming use, the car wash may not expand. Thus, the owner has asked that the use be added to the list of conditional uses in the CBD, which would provide a mechanism for him to apply for permission to expand his business. The proposed amendment would add the following language as a conditional use in the CBo zone: "Wash establishments or facilities for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue." '. ~ City Commission Documentation LOR Amendment re: "Car Wash Facilities" in the CSD zone Page 2 . The attached staff report provides a more extensive history of this particular property, and an analysis of the proposed amendment. PLANNING AND ZONING SOARD CONSIDERATION: The Planning and Zoning Soard formally reviewed this item at its meeting of August 16, 1993. While the Soard was sympathetic to the applicant's situation, the members did not feel that it was appropriate to accommodate the request. The Soard voted 5-1 (Naron dissenting, FeIner absent) to recommend against adoption of the text amendment adding car wash facilities as a conditional use in the CaD zone. During deliberations, the Board considered addressing this situation as part of the ongoing discussions of non-conforming uses. However, there was a realization that it is unlikely that the ru1.es regarding non-conforming uses would be relaxed to accommodate this type of request. The Soard then focussed upon the appropriateness of car wash facilities within the CaD Zone District. In its final action, the Soard cited inconsistency with direction in the Comprehensive Plan (auto uses in the ~aD) and the granting of a special privilege as the basis for its recommendation. RECOMMENDED ACTION: ay motion, based upon the recommendation of the Planning and Zoning Soard, deny the proposed amendment to LDR Section 4.4.13(0). DD\Y:CARWASH~OOC Attachment: * P&Z Staff Report & Documentation of August 16, 1993 ORDINANCE NO. 51-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS" , SECTION 4.4.13, "CENTRAL BUSINESS (CBD) , : DISTRICT" , SUBSECTION (D) , OF THE LAND DEVELOPMENT . REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING "WASH ESTABLISHMENTS OR FACILITIES FOR VEHICLES" AS A CONDITIONAL USE WITHIN THE ZONE DISTRICT, SUBJECT TO A LOCATIONAL RESTRICTIONi PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. i WHEREAS, pursuant to LDR Section 1.1.6, the Planning and i Zoning Boarc reviewed the subject matter at its meeting of August 16, 1993, and has forwarded the change with a recommendation that it not be adoptedi and, I I WHEREAS, the City Commission of the City of Delray Beach, Florida, finds 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 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D) , "Conditional Uses and Structures Allowed" , of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by adding the following text: l!.li Wash establishments or facilities for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front alonq Atlantic Avenue. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ! Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. I " - , .. 1 Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. I MAY 0 R I I ATTEST: I I . I I I City Clerk First Reading Second Reading I I ! I I I I ! ~ - 2 - Ord. No. 51-93 '. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tt;1 / SUBJECT: AGENDA ITEM # /:J.. G - MEETING OF AUGUST 24. 1993 ORDINANCE NO. 52-93 DATE: August 20, 1993 This is the first reading of an ordinance adopting Comprehensive Plan Amendment 93-1. Generally, the first amendment of each year focuses upon updating the work program in the Comprehensive Plan; making adjustments to the Capital Improvement Program; status of various objectives and policies; corrections; and general housekeeping. Amendment 93-1 proposes changes to 53 objectives and policies, modifies support material and tables in 19 locations, and updates the Five Year Schedule of Capital Improvements. There were two objections raised by DCA. Both are relatively insignificant and are addressed in "Comprehensive Plan Amendment 93-1 ORC Report II , attached as backup material for this item. The Planning and Zoning Board at their August 16th meeting recommended approval subject to conditions which are included in the staff report for this item. Recommend approval of Ordinance No. 52-93 on first reading. If passed public hearing September 14th. r~;~dJfl . " ,- - .-- - - --- --- . - .-- --- ---- - ---- ORDINANCE NO. 52-93 I THE CITY COMMISSION I AN ORDINANCE OF OF THE CITY OF I DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 93-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT" , FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVEi ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 9'3-1" AND INCORPORATED HEREIN BY REFERENCEi PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of. 'Florida Statutes Sections 163.3161 through 163.3243, known as the "Local Government Comprehensive Planning and Land Development Regulation Acti and WHEREAS, via Ordinance No. 82-89 the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; i and I WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 93-1"i and i I WHEREAS, the Planning and zoning Board, as Local Planning Agency, following due public notice, held a public hearing on March ,IS, 1993, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"i and I WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to ! the City Commission that the proposed Comprehensive Plan Amendment 93-1 be adoptedi and WHEREAS, proposed Comprehensive Plan Amendment 93-1 was submitted to and reviewed by the City Commissioni and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 93-1 was held by the City Commission on March 23, 1993, at which time it was authorized to be transmitted to the Department of Community Affairs for required reviewi .and '. . --- - _____d .._._._ WHEREAS, a report of Objections, Recommendations and Comments has been received from the State Department of Community Affairs and said report has been reviewed by the Planning and Zoning Board, as Local Planning Agency, and is the basis for modifications to the proposed Comprehensive Plan Amendment 93-1i and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive plan Amendment 93-1 was held on September 14, 1993, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of 'the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land, Development Regulation Act". Section 2. That in implementation of its declared intent as I set forth in Section I of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 93-1", which is ! attached hereto as Exhibit "A" and incorporated herein by reference. I Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document ! entitled "Comprehensive Plan Amendment 93-1". 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 all ordinances or parts of ordinances which I are in conflict herewith are hereby repealed. I Section 6. That this ordinance shall become effective upon I the City's receipt of Notice of Compliance from the State Department ; of Community Affairs, pursuant to Florida Statutes Section 163.3184. . - 2 - Ord. No. 52-93 " .- -.-----..---. --- _n. --_.. "---.-- -- -_.. -- ._--"- - -- I I PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading I - 3 - Ord. No. 52-93 I '. . rll.(- L--, J.'?-1 r ,,' I ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~~V~D T. HARDE7' CITY MANAGER ~\JC'C~k) ~ (t0~ FROM: D J. OVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 24, 1993 ADOPTION OF PLAN AMENDMENT 93-1, FIRST READING ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance adopting Plan Amendment 93-l. Remaining actions include a properly noticed public hearing to be held on September 14th. Final action would be deferred, at that time, to September 28th in order that the Capital Improvement Program as shown in the Plan Amendment and in the Budget can be coordinated and reflect the same decisions. However, it is desired to proceed with the above processing sequence in order to insure that other aspects of the Plan Amendment receive due attention. BACKGROUND: Plan Amendment 93-1 proposes changes to fifty-three (53) objectives and policies, modifies support material and tables in nineteen (19) locations, and up-dates the Five Year Schedule of Capital Improvements. Attached is the Planning and Zoning Board staff report (August 16th) which provides further information about the amendment. A copy of the transmittal document (actual changes and support documents) is available in the Planning Department Offices. As an attachment to the public hearing document (the enacting ordinance), there will be the precise wording changes. The City Commission forwarded the proposed Amenc;1ments to DCA, for mandatory review, by action on March 23, 1993. The review process has been completed and only two (2) objections were raised. Both are relatively insignificant. They are addressed in the accompanying P&Z Board Staff Report (August 16th). In addition to responding to the formal objections, the proposed amendment needs to be up-dated to reflect the current status of our Five-Year Capital Improvement Schedule. The coordination of this Plan Amendment's Five-Year Schedule and the Budget Capital Improvement Program will occur on September 28th. " city Commission Documentation Adoption of Plan Amendment 93-1, First Reading Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and zoning Board formally reviewed this item at its meeting of August 16, 1993. On a 4-1 vote (Krall dissenting, Currie and FeIner absent), the Board recomm~nded the following: 1- That Policy B-3.3b of the Land Use Element not be enacted (i.e. the current wording not be changed). 2. That Policy B-3.1 of the Public Facilities be changed to retain a "measurable standard". 3. That while the proposed Capital Budget is not inconsistent with the Comprehensive Plan, that the timing and allocation of funds be made in consideration of the comments contained within the staff report and that the Five-Year Schedule be modified accordingly. (Director's Note: The Commission should consider the P&Z Staff Report when workshopping the Capital Improvement portion of the City Manager's proposed budget.) 4. That, upon accommodation of the above, Plan Amendment 93-1 be approved (adopted). RECOMMENDED ACTION: By motion, approval of this adoption ordinance on first reading, with appropriate public hearings scheduled for September 14th. Attachment: * P&Z Staff Report & Documentation of August 16, 1993 DJK/CC93-1 '. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: AUGUST 16, 1993 AQENDA ITEM: V.A. REVIEW OF RESPONSE TO O.R.C. REPORT FOR PLAN AMENDMENT 93-1 AND RECOMMENDATION TO THE CITY COMMISSION REGARDING CHANGES TO 93-1 I T E M B E FOR E THE BOA R D: The item before the Board consists of the following: * Review of the Objections,_ Recommendations, and Comment (O.R.C.) Report prepared by the Department of Community Affairs (DCA) on our proposed Plan Amendment 93-1- * Review and endorsement of the City's Response to the O.R.C. Report. * Recommendations to the City Commission regarding changes to the proposed amendment which will: (a) accommodate objections raised by DCA, (b) up-date material pertaining to the Five Year Schedule of Capital Improvements, and (c) accommodate other minor changes. B A C K G R 0 UNO: Amendment 93-1 proposes changes to fifty-three (53) objectives and policies, modifies support material and tables in nineteen (19) locations, and up-dates the Five Year Schedule of Capital Improvements. Attached is the Table of Contents which lists the subject of the changes. Plan Amendment 93-1 was prepared early in 1993. It. was rev iewed at a public hearing held before the Planning and Zoning Board on March 15, 1993. It was authorized to be forwarded to DCA for required review by City Commission action on March 23, 1993. DCA has completed its review and has issued its O.R.C. Repo'rt . The Department has stated two objections. There were no objections from other reviewing agencies. The City must now respond to the O. R. C . Report and take "adoption" action on the proposed Plan Amendment 93-1. V.A. P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 2 In addition to the two items raised in the O.R.C. Report, we will up-date the Five-Year Schedule of Capital Improvements to reflect the final FY 93/94 Capital Budget. Both this Plan Amendment and the Capital Budget will have hearings and be considered for action before the City Commission at the same time. It is appropriate to have consistency between these two items. Finally, one additional item, not previously considered, is being added to the Amendment package. RES P 0 N SET 0 O. R. C. R E P 0 R T: The two objections raised by DCA are summarized as follows (please refer to their letter of July 16, 1993, copy attached for more detail). * Land Use Element Policy B-3.3b: DCA notes a technical concern by the existence of the last sentence which they feel makes the Plan self-amending. The last sentence allows an annexed property to assume the City nomenclature for its land use designation without the formality of a plan amendment. However, this is to occur only after the execution of an interlocal agreement with the County. Such a situation is allowed under Chapter 163. There appears to be some confusion as to interpretation of our intent. We note that this same policy is subject to further amendment in Plan Amendment 93-2. Please see John Walker's memorandum of July 22nd for more detail and explanation. Options for alleviating the objection: 1. Delete the last sentence, as suggested by DCA. 2. Provide more extensive documentation and justification under provisions of 163.01 and 163.3171, F.S. 3. Make no changes to Policy B-3.3b and leave as it is presently written (i.e. pre proposed Amendment 93-1). Recommended Action: Make no change to Policy B~3. 3b i.e. leave as it was; and note that POlicy B-3.3b is under further change in Plan Amendment 93-2. * Public Facilities Element POlicy B-3.l: DCA notes that we have-, eliminated a "measurable standard" from this Policy. Our action was meant to note that the target had been reached and the programs used to reach it should be retained as "maintenance" items (policies). Options for alleviating the objection: 1. Provide more extensive documentation verifying that the target has been achieved and providing language that the achieved target shall not be violated in the future. 2. Re-insert a measurable standard. (See John Walker's memorandum of July 22nd for more detail and analysis). P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 3 Recommended Action: Alter the first portion of Policy B-3.1 to accommodate a measurable objective as recommended by Mr. Walker i.e. POlicy B-3.1 WttKt~ ~ri_ t-;t f;II;wtri; ;d;~t;tri ;f tK_ ~;~pt.K'ft_t1. PI;ril tK. ;1.t;II The City shall maintain its program of responsible consumption of water (per capita basis) and shall decrease the overall per capita consumption of water by lOt from 1989 levels _K_II ~_ d.tt.._.d ~t 18. through continued implementation of the following techniques and programss (Also_ aee Objective A-4 of the Conservation Element). ' CHANGES TO THE FIVE YEAR SCHEDULE OF CAPITAL IMPROVEMENTS: In compliance with the Annual Review Provisions of Chapter V, the preparation of our first amendment of the year precedes the annual budget preparation process. An independent assessment of capital improvement needs is made by the Planning and Zoning Board following public input (hearing) sessions and initial requests from Administrative Departments. Based upon that assessment, amendments are proposed to the Five-Year Schedule and are included in Plan Amendment 93-1- Subsequently, addi tional information becomes available regarding costs of proposed project and regarding available revenue. That information is now available in the form of the proposed Capital Budget for FY 93/94. There are differences between what is proposed in the Capital Budget and what is shown in 93-1. These are as follows: 1. Recreational Impact Fee Fund: Funding for acquisition of the .Southwest Park is changed from $500,000 in FY 93/94 to $400,000 in FY 93/94 and $100,000 in FY 94/95 due to availability of funds. 2. Decade of Excellence Fund: * Funding for Street Reconstruction increased to $2,500,000 (from $1,730,000) based on more accurate data. * . Funding for Old School Square Improvement Area increased to $497,400 (from $450,000) reflecting an account balance. * Funding for Alley Reconstruction (CaD) increased to $350,000 (from $330,000) based upon revised estimates. * Inclusion of Fire Station .3 renovation at $263,400. Inadvertently left off the Amendment. * Inclusion of Barwick Road beautification at $54,150. Inadvertently left off the Amendment. * Funding for residual work in the Northwest Drainage Project Area in the amount of $175,000. Previously non-expended funds. P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 4 3. Cemetery Fund: Increases to $140,000 in FY 93/94 (from $100,000) and to $60,000 in FY 94/95 (from $40,000) based upon up-dated revenue estimates. 4. Beach Reatoration Fund: Annual allocations altered to reflect identified needs and to extend projections to a full five-year timeframe. FY 93/94 from $123,600 to $108,600 FY 94/95 from $105,000 to $122,000 FY 95/96 from $ 45,000 to $ 30,000 FY 96/97 not shown to $ 67,000 FY 97/98 not shown to $ 32,000 5. Golf Course Fund: Changed to show only the totals since individual projects are less than $IOO,OOO/year. And, modified based upon continuing work on facility needs and revised revenue projections. FY 93/94 from $110,000 to $105,000 FY 94/95 from $180,000 to $175,000 FY 95/96 from $180,000 to $215,000 FY 96/97 from $150,000 to $215,000 FY 97/98 from $150,000 to $115,000 6. Stormwater Utility Fund: The Stormwater Master Plan is not yet completed and decisions for long term financing will not be made until mid-year, 1994. A determination has been made that the George Bush Boulevard outfall will not occur concurrently with other street improvements. Also, the Northwest Drainage Project is deemed complete with respect to meeting immediate needs. Available funds have been allocated, per the following, subsequent to need determinations to accommodate immediate flooding situations. FY 93/94 TOTAL $390,000 Basin Drive Pump Station @ $66,000 Ingraham Avenue Outfall 15,000 Nassau Street Pump Station 82,000 Seacrest Lane Drainage 21,000 Beverly Drive Drainage 63,000 NE 2nd Street Outfall 83,000 SW 1st Street & 4th Avenue 60,000 FY 94/95 TOTAL $402,500 Eagle and Avocet Drive 25,500 White Drive 92,000 Miramar Drive Pump Station 82,000 Lewis Cover Pump Station 82,000 Birdie Court 29,000 Barrier Island Pump Station 82,000 N.E.8th Street 10,000 '. P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 5 Note that the specitic projects are not listed in the Five Year Schedule since none exceed $100,000. However, the total is shown tor "projects less than $100,000 each II . 7. Water and Sewer 1993 Bond Issue: This bond issue was made during the year in order to take advantage of low interest rates. The basis for the projects were the Water and Sewer Master Plan Up-dates, as required by the Comprehensive Plan. All funds are to be expended or encumbered in FY 93/94. The project list is as follows: FY 93/94 TOTAL $6,674,000 Golf Course Wells (2) $ 950,000 Southwest Storage Tank Land 80,000 North Reservoir Pumps 335,000 NE Storage Tank (Atlantic HS) 1,575,000 -Barwick Road, 12" main 160,000 Lake Ida Road, 12" main 230,000 Andrews Avenue, 12" main 430,000 NE 3rd.Avenue, 12" main 250,000 N. Barwick road, 12" main 100,000 Ridgewood Road, 12" main 220,000 Morikami Projection Wells 2,344,000 8. General Construction Fund: Due to declining assessed value, the General Fund is not able to provide funding at the level proposed in the transmitted Amendment 93-I. Adjustments have been made to reduce FY 93/94 expenditures from $2,064,600 to $593,000. This is accomplished by reductions, deletions (unfunded status) or deferral of the following projects. * Street resurfacing: Reduced from $250,OQO to $50,000 * Equipment and Facilities R&R from $150,000 to $130,000 * City Attorney Block Beautification $51,000 to FY 94/95 * Pompey Park Pool $500,000 deleted * Tennis Center Phase II $300,000 deleted * Silver Terrace Paving & Drainage $293,600 deleted * School Site "5" Road Improvements reduced from $150,000 to $50,000 in FY 93/94 with balance in FY 94/95 * ADD: City Hall Hurricane Shutters @ $42,000 in FY 93/94 and $142,000 in FY 94/95. In FY 94/95 the deferrals are accommodated and new projects of Police Hur,ricane Shutters ($92,400) and Southwest Park Land Acquisition ($150,000) and Lake Ida Beautification additional at $70,000 are all added. In FY 95/96, the improvement of NE 4th Street from NE 2nd Avenue to Federal Highway is shown in the amount of $500,000. P & Z Staff Report Review of Response to O.R.C. Report for Plan Amendment 93-1 Page 6 comments/Actions pertaininq to the General Construction Fund: The reductions and changes which are necessary to accommodate the shortfall in revenue are generally consistent with policies and directives of the Comprehensive Plan. However, the following comments are offered. A. Pompey Park Pool should received complete funding as approximately $240,000 has been earmarked in current funds on-hand. (It is anticipated that additional funding will be identified prior to City Commission budget worksessions). B. Tennis Center Phase II should receive funding as the facility is necessary to retain our level-of-service needs for public courts. (It is anticipated that a revenue source will be identified prior to City Commission budget worksessions) . c. The FY 94/95 expenditure for Southwest Park Land Acquisition should be from the Recreation.I~pact Fee Fund as opposed to the General Construction Fund. D. The Silver Terrace paving and drainage project is an obligation incurred by virtue of Enclave Annexation programs. If the funds are not needed for immediate improvements due to investment in a redevelopment effort, those funds are essential to the success of the redevelopment effort. E. The provision of hurricane shutters at City Hall and at the Police Station were not previously prioritized by the Planning and Zoning Board for funding (at the expense of other projects). Disposition: Except for project deletions in the General Construction Fund, there are not significant changes between the initially proposed amendment changes and the proposed Capital Budget. The proposed Capital Budget is attached for Boardmernber information. It is recommended that the above comments on the General Construction Fund be forwarded to the City Commission and entered into the record during the public hearings. The final Five year Schedule to be included with Plan Amendment 93-1 is to reflect final action as taken by the City Commission on the Capital Budget. ADDITIONAL ITEMS NOT PREVIOUSLY CONSIDERED: On page 43 of proposed Amendment 93-1 certain changes were made to Table L-6 which is the consistency matrix between Future Land Use Map Designations and the Zoning Districts. The additional change is to provide for consistency of the Resort/Tourism (R/T) Zone District to the Transitional Land Use Map Designation. This addition 1s made based upon the realization that the general intensity of allowable uses in the R/T District is comparable to the NC, POD, and POC zone districts which are deemed consistent with the Transitional designation. '. P & Z Staff Report Review of Response to a.R.C. Report for Plan Amendment 93-1 Page 7 R E COM MEN D E D ACT ION S: 1- Recommend to the City Commission that the proposed c~anges to Land Use Element B-3.3b not be enacted and that the policy not be changed. 2. Recommend to the City Commission that Public Facilities Policy B-3.1 be changed to retain a "measurable standard". 3. Find that while the proposed Capital Budget is not inconsistent with the Comprehensive Plan; and, that the timing and allocation of funds be made in consideration of the comments contained within the Board's staff report. 4. Recommend to the City Commission that an additional consideration of adding consistency between the R/T Zone District and the Transitional Land Use Map designation be made. 5. . And that, upon accommodation of the above, Plan Amendment 93-1 be approved. Attachments: * Table of Contents 93-1 * DCA O.R.C. Report * Walkers memo pertaining to O.R.C. Report compliance * Proposed Capital Budget DJK/PZORC931 - --- TABLE OF CONTENTS CITY OF DELRAY BEACH COMPREHENSIVE PLAN AMENDMENT 93-1 PAGE i TABLE OF CONTENTS 1 CONSERVATION ELEMENT 1 Policy A-l.1 Monitoring of Groundwater 1 Policy A-2.2 Expand Zone l to One Foot Drawdown 2 policy A-2.3 Changes to Zoning Code 2 Policy B-1.1 Designation of Sensitive Lands 2 policy B-2.2 Preservation of New Areas 3 policy B-2.5 10% Preservation Requirement 3 Policy B-3.3 Intracoastal Seawall and Shoreline Protection 4 Polic-y B-4.1 Beach Access 6 PUBLIC FACILITIES ELEMENT 6 Water Quality (Water Treatment Plant Conversion) 6 Water System Interconnections 7 Fire Station Replacements 8 Facility Needs and Opportunities 9 Computer System 10 Upgrading and Relocation of Facilities 10 Policy B-2.3 Retrofitting of Existing Wells 10 policy B-2.4 Wellfield Rights 11 policy B-3.1 Techniques to Decrease Water Consumption 12 policy B-4.2 Expansion of Wellfield Protection Ordinance 13 policy B-4.3 Rezoning in Well Zone 3 13 policy B-5.1 Conversion of Water Plant to Sodium Aluminate 13 policy 0-1.2 Central Fire Station Replacement 14 policy 0-1. 3 New Fire Station in Southwest 14 Objective 0-2 Cemetery Expansion 14 Policy 0-2.1 Cemetery Funding Program 15 Policy D-2.2 Improvements to S.W. lOth Street 15 Objective 0-4 Maintenance of Existing Facilities 15 Policy 0-4.1 Maintenance of Facilities 15 Policy 0-4.2 Replacement and Upgrading of Existing Facilities 15 Policy 0-4.3 Federal Guidelines on Accessibility 16 Pol.lcy E-1. 5 Drainage Regulations 16 policy E-1. 7 Basin 28 Trunk Line/Outfall i '. PAGE 18 TRAFFIC ELEMENT 18 Policy A-7.3 No Enhancements of A-1-A 18 Policy A-7.7 Reduction of Right-of-Way for Swinton Avenue 19 Policy B-3.2 Scenic Street Program 21 OPEN SPACE , RECREATION ELEMENT 21 Park Deficiencies 22 Miller Field Expansion 22 Municipal Tennis Center 23 Pompey Park Pool 23 Policy A-2.5 Priority List for Capital Improvements 25 Policy B-2.4 Beach Access- 26 COASTAL MANAGEMENT ELEMENT 26 Beach Nourishment Project 26 Access to Intracoastal Waterway 27 Policy A-1.5 Beach Access Study 28 Policy C-6.1 Veterans Park 28 Policy C-6.2 Boardwalk under Atlantic Avenue Bridge 28 Policy C-6.5 Marinas and Mooring along Intracoastal 30 FUTURE LAND USE ELEMENT 30 Undeveloped Residential Land 30 Figure L-4 Map of Residential Land 32 Table L-3 Ongoing Developments 33 Table L-4 Available Land 34 Policy A-5.6 Requirements re "Findings of Consistency" 34 Policy A-5.12 Old School Square Historic Arts District 35 Policy A-5.l5 Light Industrial Zone District 35 Policy B-l.l Southwest Fire Station and Park Needs 35 Policy B-l.2 Rezoning in Wellfield 20 36 Policy B-l.3 Acquisition of Western Wellfield Rights 36 Policy B-1.4 Dedication of Rights-of-Way and Easements for Facility Needs 36 Policy B-2.3 Certification of Concurrency 37 Policy B-3.3b Coordination with County re Land Use 37 Policy C-2.7 Silver Terrace Redevelopment Area 38 Policy C-3.5 Government Complex 38 Policy C-3. 6 . Tennis Center 39 Policy C-4.8 Pineapple Grove Neighborhood Plan 40 Policy 0-2.4 Spady Entry 40 Policy 0-2.6 Carver Task Force 41 Policy 0-3.4 S.W. 10th Street Improvements 41 Policy 0-3.5 School Funding Commitment 41 Table L-6 Land Use Designation/Zoning Matrix ii PAGE 44 CAPITAL IMPROVEMENT ELEMENT 44 Public Education and Health Systems 45 Controllable Revenue Sources 46 Enterprise Funds 46 Policy A-2.3 Capital Equipment Set-Aside 47 Policy A-2.3a Facility Repair and Maintenance Set- Aside 47 Policy A-2.3b Facility Replacement Set-Aside 47 Policy A-2.4 Capital Budget Set-Asides 50 INTERGOVERNMENTAL COORDINATION ELEMENT 50 City/County Joint Participation 51 REQUIREMENTS FOR CAPITAL IMPROVEMENT IMPLEMENTATION 51 S.E./S.W. 10th Street Improvement 51 Table IV-3 Five Year Capltal Improvement Schedule SUPPORT DOCUMENTS APPENDIX 1 Water Supply and Wellfield Protection 2 Light Industrial Zone District 3 Beach Access Study for the Municipal Beach 4 Municipal Cemetery Improvements 5 Compliance with Americans with Disabilities Act 6 George Bush Boulevard and Palm Trail Improvement Program 7 Pompey Park Pool Replacement 8 Potential for a Boardwalk Under the Atlantic Avenue Bridge 9 Old School Square Historic Arts District Amendments 10 Request for City Review of County Applications 11 School Site "S" Participation 12 s. W. lOth Avenue Extension Project 13 Golf Course Clubhouse Replacement . iii T:\Advanced\TableC '0 , STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 7 .. 0 CENTERVIEW o R I V E . TAllAHASSEE. f.l 0 RIO A 32399.2100 LAWTON CHilES LINDA LOOMIS SHEllEY Co...,nor S<<,~u.., July 16, J1f~/EJrJ~ The Honorable Thomas E. Lynch JUt .21 199$ 7/)) Mayor of Oelray Beach PLANNING & city of Delray Beach 100 Northwest First Avenue ZONING Delray Beach, Florida 33444 Dear Mayor Lynch: The Department has completed its review of the proposed Comprehensive Plan Amendment (DCA No. 93-1) for the City of Delray Beach which was submitted on March 26, 1993. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. The Department has reviewed the proposed amendment for consistency with Rule 9J-5, Florida Administrative Code, Chapter. 163, Part II, Florida statutes, and the adopted City of Delray Beach Comprehensive Plan. The Department raises two objections to the proposed amendment, and this letter serves as the Depart- ment's Objections, Recommendations and Comments Report. The Department supports the City'S desire to plan for expected annexation areas: however, the Department has noted a technical concern with policy B-3.3b. The last sentence of Policy B-3.3b is to exempt annexed properties from the compre- hensive plan amendment process. This provision would allow the City's plan to be self-amending at the time the parcel of land is annexed"without the requisite public hearings and Department review which is inconsistent with Rules 9J-5.004, 9J-5.005(2) (a), 9J-5.005(6), and 9J-5.005(8), F.A.C., Sections 163.3184 and 163.3187, F.S. The Department recommends that the last sentence of policy B-3.3b be stricken from the policy. EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVElOPMENT. RESOURCE PLANNING AND MANAGEMEp..,T ~ The Honorable Thomas E. Lynch July 16, 1993 page- Two The Department advises the City, that if it wishes to change the use of land for an annexed parcel, a plan amendment must be submitted to adopt a new land use designation. The City's Future Land Use Map must be also be amended to reflect changes to the City's jurisdictional boundaries from annexations. However, if the City wishes to establish an agreement with the County to exercise joint power over lands which the City anticipates it will annex, an agreement should be developed with the County consistent with the joint-exercise of power contemplated by Sections 163.01 and 163.3171, F.S. The Department has also noted that the City proposes to delete from Policy B-3.1 its commitment to reduce water consump- tion by .10'. This deletion will remove the measurable standard from the Policy. This deletion is inconsistent with Rules 9J- S.003(68), 9J-S.00S(6), and 9J-S.013(3)(c)1., F.A.C. The City should continue to include a specific measurable standard in the policy which can be used to evaluate how well the City has met its commitment to reduce water consumption. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J-11.010, Florida Administrative Code. Upon receipt of this letter, the City of Delray Beach has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendments. The process for adoption of local comprehensive plan amendments is outlined in s.163.3184, Florida Statutes, and Rule 9J-11.011, Florida Admini- strative Code. Within ten working days of the date of adoption, the City of Delray Beach must submit the following to the Department: Five copies of the adopted comprehensive plan amendment: A copy of the adoption ordinance: A listing of additional changes not previously reviewed: A listing of findings by the local governing body, if any, which were not included in the ordinance: and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. ~ The Honorable Thomas E. Lynch July 16, 1993 Page Three The above amendments and documentation are required for the Department to conduct the compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to the provisions of Chapter 92- 129, Laws of Florida, please provide a copy of the adopted amend- ment directly to the Executive Director of the Treasure Coast Regional Planning council. The Environmental Land Management study (ELMS) II legisla- tion became effective on July 1,1993 and has changed how local governments transmit amendments; how amendments are processed and reviewed; and when amendments become effective. Rule 9J-l1, F.A.C. which is the procedural rule to help quide the process, has not been formally adopted, however, the Department will generally follow the procedures outlined in the draft rule. A copy of the proposed changes to 9J-ll, P.A.C. is enclosed for your review. If you have any questions, please contact Maria Abadal, Plan Review Administrator, Suzanne Bellamy Woodcock, Planning Manager, or David Dahlstrom, Planner IV, at (904) 487-4545. Sincerely, ~~~~ Robert Pennock, Chief Bureau of Local Planning RP/ddw Enclosures: objections, Recommendations and Comments Report Review Agency Comments cc: David Kovacs, Director of Planning Daniel M. Cary, Executive Director, Treasure Coast Regional Planning Council . '. I PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DAVID J. KOVACS, DIRECTOR ~ ~ tijJ. FROM: JOHN W~KER, PROJECT COORDINATOR. f/ DATE: JULY 22, 1993 SUBJECT: COMPREHENSIVE PLAN AMENDMENT 93-1 - ORC REPORT On July 21, we received the report of Objections, Recommendations, and Comments from Florida Department of Community Affairs (DCA) for Plan Amendment 93-I. DCA raised only two minor objections to the Amendment. Other review agencies had no objections and no adverse comments. The objections raised by DCA were specific in nature and referenced specific policies. I believe that we can make changes to . the policies to overcome DCA's objections without compromising the intent of our amendment. Analysis of the objections and recommended solutions follow. Future Land Use Element, Policy B-3.3b Policy B-3.3b Upon execution of such an agreement, the County shall amend its zoning code to provide, at a minimum, for pre-application review and comment, by the City, of County development applications. However, it is the intent of this effort to effect a transfer of power to the City for land use, zoninq, buildinq, and code enforcement functions. AZ.iS Finally, upon execution of such an agreement, property may annex to the City and development may proceed without the necessity of amendment to the City's Comprehensive Plan~ ~tiSiId4d tK4t tK4 d4i4ZiS~~4rit I. d44~4d tiSri.l.t4rit wItK It' DCA objects to the proposed change in this policy and states that, as written, the proposed policy would make the City's Comprehensive Plan self-amending at the time a parcel of land is annexed. This concerns DCA since it may side step the publ ic hearing and review process. DCA recommends that we strike the last sentence of the proposed policy. The City, in proposing a change to the policy, did not intend to eliminate the review process for annexed property. It was our intent to simplify the process by making the County and City Land Use Plans identical in the City's Planning and Service Area. To accomplish this, the County Comprehensive Plan would be amended with the benefit of public hearings and DCA review. " David J. Kovacs Comprehensive Plan Amendment 93-1 - ORC Repo~t Page 2 In ,reviewing the proposed policy in light of DCA's concerns, it does appear that the intent of the policy as written could be misconstrued. Since the transmittal of Plan Amendment 93-1, further revisions to Policy B-3.3b have been proposed in Amendment 93-2 (copy attached). The policy as proposed in 93-2 should eliminate DCA's objections. Therefore, I recommended that we withdraw the proposed revision to Policy B-3.3b contained in Plan Amendment 93-1. Public Facilities Element - Policy B-3.1 Policy B-3.1 WftKfri 0rie teat t0ZZ0wfrii ad0~tf0ri 0t tKe ~0~~teKeri~fYe PZari' tKe 0yetaZZ The City shall maintain its program of responsible consumption of water (per capita basis) ~KaZZ ~e dettea~ed ~t IS' through continued implementation of the following techniques and programs: (Also see Objective A-4 of the Conservation Element). . e~ta~Zf~Kmerit 0t a dftteteritfaZ maintaining its water rate structure which sets a higher uniform ~a~e rate for a ifyeri consumption and decreases customer capacity charges in order to promote reductions in water consumption ari frittea.Urii tate t0t fritte~erit.. a~0Ye tKe ~a"e as well as establishment of conservation surcharges, based on South Florida Water Management District formulae, and keyed to various levels of drought alert; . mandatory use of wells for irrigation purposes where conditions permit [LDR Section 7.71; . enhanced enforcement of water use laws; ,.....~u . requirements for xeriscape landscaping alternatives to be considered for all new development during the review of site and development plans [LOR Section 4.6.16 (E)]; and . continuation of the regular preventive maintenance program for water mains, pumps and meters (see related Policy C-4.3) DCA raised an objection to only one portion of this proposed change; the elimination of the specific target to reduce water - consumption by 10'. Rule 9J-5 requires that such policies contain measurable targets. _._- ,. David J. Kovacs , Comprehensive Plan Amendment 93-1 - ORC Report Page 3 While I could not verify all of DCA's references to sections of 9J-5 (I think there was a typo), I do agree that we went too far by eliminating the target. To overcome the objection, I recommend that the policy b~ further changed as shown below. In addition, the City should perform a detailed analysis of water consumption in the Evaluation and Appraisal Report, if not sooner. That analysis should address the need for further reduction in water consumption and, if needed, project new targets for reduction. Based on such an analysis, appropriate policy changes can be proposed. Policy B-3.l WltMlft 0fte te~t f0110~lft~ ~d0ptl0ft 0f tMe t0~pteMeft~lle PI~ftl tMe 01et~11 The City shall maintain its proqram of responsible consumption of water (per capita basis) and shall decrease the overall per capita consumption of water by 10% from 1989 levels, ~M~ll ~e dette~~ed ~1 I'" through continued implementation of the following techniques and programs: (Also see Objective A-4 of the Conservation Element). I have discussed these recommendations in general with David Dahlstrom at DCA, who finds them acceptable. Please give me your comments. T:\advanced\ORC1.DOC - '. r '15;,/ Policy B-2.3 As a part ot the City's Concurrency --. , Manaqement System, pPrior to issuance of any ./ certificate of occupancy, the Chief Building Official or a designee shall certify that concurrency is achieved. TKt_ eettt t teat,hSri ~)taZZ ~e tn witttnt and _KaZZ ~e afttxed tcS tKe eettttttate cSt 0tt~pantt' [LOR Section 2.4.6(c)] . This requirement has been formally included in Comment: the Land Development Regulations. However, it should remain as a maintenance policy. The appropriate reference to the LDRs is provided. 13. Location: Pg. III-G-25, Policy B-3.3b Policy a-3.3b Upon execution of such an agreement, the County shall amend its zoning code to provide for pre-application review and comment, by the City, of . County development applications. Also, upon execution of such an agreement, property may annex to the City and development may proceed without the necessity of amendment to the City's Comprehensive Plan provided that the development is deemed consistent with it. Change: REVISION ~. POlicy B-3. 3b Upon execution of such an ~ ~.~~ agreement, the County shall amend its zoning code y , ..-' _ -E:,Q provide, at a minimum, for pre-application / 1/ ~ ,P F... ~review . and comment, by the City, of County . v""~""J ..t ;;_A development applications. However , it is the ~ / ~ {t VC./ intent of this effort to effect a transfer of _ ~~ ~~~A~ power to the City for land use, zoning, buildinq, P-/ . j' /,z, - and code enforcement functions. AI_cS Finally, ~~ ~ q5//' upon execution of such an agreement, property may .J~ ~ annex to the City and development may proceed , /.J~-' without the necessity of amendment to the City's ~ Comprehensive Plan~ picSyLded tKat tKe deYelcSp~erit t~_~e~ed ecSft~t_teftt wftK ft' Comment: Policy B-3.3b is up-dated to reflect the current status- of this project. Please refer to Support Document , 10 which includes the letter to the County requesting the delegation of authority. 14. Location: Pg. III-G-30, Policy C-2.7 - Policy C-2.7 The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which is zoned RH and contains some mixed use.... 37 '0 . continue to be pursued. the lead agency shall be U the Environmental Services Department working in conjunction with the City Attorney. funding shall be from water and sewer connection fees. Change: DELETION Comment: Acquisition of rights has occurred through . execution of an interlocal agreement with Palm Beach County. Also, see FLUE Policy 8-1.3. See support document # 1 (Water Supply and Wellfield Protection). 9. Location: Pg. 1II-8-26, Policy 8-3.1 Policy B-3.1 Within ~ne year following adoption of the Comprehensive Plan, the overall City consumption of water (per capita basis) shall be decreased by 10\ through implementation of the following techniques and programs: (Also see Objective A-4 of the Conservation Element). . establishment of. a differential water rate which sets a base rate for a given consumption and an increasing rate for increments above the base; ::-.-:) . mandatory use of wells for irrigation ':': . purposes where conditions permi t; . enhanced enforcement of water use laws; . requirements for xeriscape landscaping alternatives to be considered for all new development during the review of site and development plans; and . continuation of the regular preventive maintenance program for water mains, pumps and meters (see related Policy C-4.3) Change: REVISION . Policy 8-3.1 WltXLri ~ri. t._t t~ZZ~wLri~ _~~ptl~ri ~t tX' t~~pt~K~n_LY' PZ'ril tK4 ~y.t_ZZ The City shall maintain its program of responsible ~...-J /dJt ,,~ ,L consumption of water (per capita basis) _X'ZZ )5e . ~ ~e~tea_e~ )51 lei through continued implementation ~~"'~4...-1'~:; ~f the following techn1.ques and programs: (Also ,-e.'7 /tJ'Z ~__ /ffif A~ se.e Objec~ive A-4 of the Conservation Element). . e_ta)5ll~Km~rit ~t , ~Ltt.t.ntL'ZI maintaining ;'~'?', its water rate structure which sets a higher 0~' uniform )5a_. rate for , ~lY'ri consumption and decreases customer capacity charges in 11 '. . J '. order to promote reductions in water consumption . 4n lritte4_lnf t4tt6 trDt J 11itteSl\e1its a)SiSlfe tHe )Sa lh' as well as establishment of conservation surcharqes, based on South Florida Water Manaqement District formulae, and keyed to various levels of drought alert; . . mandatory use of wells - for irrigation purposes where conditions permit [LOR Section 7.7]; . enhanced enforcement of water use laws; . requirements fo~ xeriscape landscaping alternatives to be considered for all new development during the review of site and development plans [LOR Section 4.6.16 (E)]i and . continuation of the regular preventive maintenance program for water mains, pumps and meters (see related Policy C-4.3) Comment: As part of the budget process, the City adopted new rates for water and sewer. These rates promote water conservation by shifting some of the "fixed" costs into consumption cost, resulting in significantly higher costs ~ for higher consumption and, effectively, differential rates, based on consumption. In addition, the City is completing a conservation plan for water use in concert with South Florida Water Management District (SFWMD) . This plan will include conservation surcharges based on SFWMD formulae which will take effect at various levels of drought alert as declared by SFWMD. The overall goal to reduce water consumption is being met, in-part, through the above activities and, in-part, through other conservation measures. While still short of the goal of 10' reduction, per capita consumption has been reduced. The per capita consumption at the time of Plan adoption (November, 1989) was 196 g/p/d. In January, 1993, the consumption was 190 g/p/d. A reduction of 3.1' has been achieved. The other requirements have been formally adopted in the City's Land Development Regulations. 10. Location: Pg. 111-8-27, Policy 8-4.2 Policy 8-4.2 Expansion of the land area covered under the Palm Beach County Wellfield Protection Ordinance shall be accomplished through the 12 " . . ~ 'fJ-l 3. Location: Pg. III-G-25, Policy B-3.2 Policy B-3.2 Facilities shall be provided to unincorporated areas, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of services. Change: REVISION Policy B-3.2 Water and-sewer '!acilities shall be provided to unincorporated areas by the City, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case annexation shall precede the provision of services. Comment: See Support Document 12 (Planning Area Jurisdiction). 4. Location: Pg. III-G-25, Policy B-3.3a Policy B-3.3a The City has petitioned Palm Beach County for establishment of an intergovernmental agreement through which the City's Future Land Use Map will be the Official Land Use Map for unincorporated land within the City's Planning Area. Change: REVISION Policy B-3.3a The City has petitioned Palm Beach County to make chanqes to its Future Land Use Map (FLUM) in order for there to be consistency between City and County FLUM desiqnations within the Delray Beach Planninq and Service Area. lid ~ata~lIa)U6ent rtJl an Intet~tStetria\ental a~teeilent tKttS~~K wKItX tXe ~lttla '~t~te tan~ ~ae Map wIll ~~ tXe tSttItlaZ Zan~ ~ge ~ap ttSt ~nlnttStptState~ Zan~ wl~Kln tXe ~ltt'g PZaririln. ari~ Settlte At~a' Once consistency is achieved, the City shall petition for an interlocal aqreement wherein provisions shall be made that the City's FLUM desiqnation shall be in effect immediately upon annexation of a specific parcel. Comment: See Support Document 12 (Planning Area Jurisdiction). Page 5 '. II II 5. Location_: Pg. III-G-25, Policy B-3.3b Policy B-3.3b Upon execution of such an ~ agreement, the County shall amend its zoning code to provide, at a minimum, for pre-application review and comment, by the City, of County . development applications.. However, it is the intent of this effort to effect a transfer of power to the City for land use, zoning, building, . and code enforcement functions. Finally, upon execution of such an agreement, property may annex to the City and development may proceed . without the necessity of amendment to the City's Comprehensive Plan. Change: REVISION . Pol icy 8-3. 3b ~p~ri exet1dtl~ri ~t. ~1dt)l ari a~teemeritl t~e ~~~ritt ~~all a~eri~ It; i~rilrif t~~e . t~ pt~YL~e/At A. ~LnL~1d~1 _ f~t ptefap;ILtAtl~n teYIe~ Ari~ t~~entl ~t tMe ~Ittl ~f e~~ritt ~eYeI~p~erit AppIItatl~ri~' K~weYetl It I; t~e Intent ~f t~.l_ etttJtt t~ eftett A ttArl~fet ~f . ptJwet ttJ tMe ~!tt t~t Iari~ ~~el ttJrlIrlfl >>~II~.lrlfl an~ t~~e erit~tte~erit t~rittl~rl~' rlftAlltl 1dptJn exet~tL~n ~t _~tM an a,tee~entl pttJpettt ~at . annet ttJ tHe ~ltt art~ ~eYeltJp~ent r/J4t pttJtee~ wItHtJdt tMe rietessItt tJt Ar/Jeri~ent ttJ tHe eItt's ~Dr/JpteHen~LYe Plan' For purposes of implementinq . Policy B-3.3a, the Future Land Use Map . designations as initially contained on the City's Future Land Use Map upon adoption in November , 1989, (and as formally amended subsequently) are II hereby deemed to be the Future Land Use Map designations for the territory subject to provisions of the interlocal agreement. III 6. Location: Pg. III-G-26, Policy B-3.4 II Policy B-3.4 The City shall during FY 92/93, if not sooner, through its Department of Planning and Zoning implement the following program for the annexation of eligible properties: II . preparation of an "urban services annexation report" as required by Annexation Stat'utes II for each of the nine designated annexation areas,; . identification of each parcel which is . . obliga.ted to annexation through a water service (annexation) agreement; . contact with each owner of other parcels within the annexation area to see if they ... will voluntarily participate in the proposed - annexation; III Page 6 . 8 8 ~ 8 0 0 0 0-;;-0 0 0 000 ;-~~fc8-0 ;-cj8 -;;~-o- 0-0 0 0 0 0 0 0 0 0 olgl 00 000 ooooo~o~ 0 00000000000000 ..J ... If!. q ~. ~ ..._ q q ~ ~_ q q .... q -: 0 ~':.' ~ <'! ~ q q 0. 0. q q 0. 0. 0. 0. 0. ~. q 0./ ~., ~ 8 8 8 N ~ ,.. g CD 0 0 0 C"l 0 0 CD 0 ~ ~ C"luN 0 0) 0) 0 II'> 0 0 0 0 0 ... 0 ... ~ N 0 0 MI .- aJ ... 0) 0 0 If) CD ~ lI'l N ~ ~ .... 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W" . ~..J a: z 'M ~ 0 a a: 0 0 u< 15 i <!JZ w z z :.~ ...j :) r- Z :::> ...j :::> . <ij;; <:::> u.. < u"U) I' Z l1.~ i~ UJ ::> WUJ ~~ 2 Qet ~ ~ ~ ~~ i z> Zg ...I a: a: >;:l i:::>o::UJ ~ I-~ < UJ 0:0 I It .., "'" (f) ::::> <-' 0.. 0.. (/) -.: 279 '" . ) '. . PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: GENERAL INFORMATION ~W~~0~ FROM: . A D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: AUGUST 24, 1993 SUBJECT: R/T ZONING AND CONSISTENCY WITH THE "TRANSITIONAL" LAND USE DESIGNATION The following information is provided in response to inquiries about the potential for making the Resort/Tourism (R/T) Zone District deemed consistent with the Future Land Use Map designation of "Transitional". Situation: A request was made to consider a change to the Zone District / Land Use Designation Matrix (within the Future Land Use Element of the Comprehensive Plan), which would make the R/T District consistent with the Transitional land use designation. This request was considered by the Planning and Zoning Board, as an additional item along with its review of the ORC Report associated with Plan Amendment 93-1. The following information was provided on page 6 of the Board's staff report for Amendment 93-1 (meeting of August 16, 1993). ADDITIONAL ITEMS NOT PREVIOUSLY CONSIDERED On page 43 of the proposed Amendment 93-1 certain changes were made to Table L-6 which is the consistency matrix between Future Land Use Map Designations and the Zoning Districts. The additional change is to provide for consistency of the Resort/Tourism (R/T) Zone District to the Transitional Land Use Map Designation. This addition is made based upon the realization that the general intensity of allowable uses in the R/T District is comparable to the NC, POD, and POC zone districts which are deemed consistent with the Transitional designation. Planning and Zoning Board Consideration: The Board, on a 4-1 vote (Currie and FeIner absent), did not support inclusion of this additional item, at this point in time. There was a consensus that the item could be considered in Amendment 94-1. See the next sections of this memorandum for pro and con arguments. '. . General Information R/T Zoning adn Consistency with the "Transitional" Land Use Designation Page 2 Arguments in Support of the Chanqe: The first supportive argument is based on the assumed merit of the request i.e. that the intensity of allowable uses is consistent with several other zone districts, which are deemed consistent with the Transitional designation. These include RM, POC, POD, NC, and CF (RO and OS zone districts are also consistent with the Transitional designation). The second supportive argument deals with the pragmatic aspects of the request. Presently there is only one application of the R/T District on the zoning map. Any further applications would required a rezoning action. Thus, a public hearing review with full findings by the Planning and Zoning Board and final action . by the City Commission must precede application of the R/T District upon land with a Transitional designation. If a request for R/T zoning (on land with a Transitional designation) were to come before the City at the present time, it would need to be accompanied by a Land Use Map Amendment to Commercial. While a "small scale" amendment could be processed for a project of less than ten acres, a larger scale project would need to be included in one of our two annual amendments; thus, a significant time imposition. Also, while the City may be receptive to the R/T zoning, it may not be receptive to the underlying Land Use Map designation of Commercial; thus, the small scale amendment procedure would probably be an unrealistic approach. The problems of timing and processing can be avoided by accommodating the addition to Amendment 93-1, without loss of the City's ability to control resulting situations. Arqument in Support of the Board's position: The prevailing argument of the Board was that the item has been brought forward with no prior discussion and analysis; and, that such a consideration is inappropriate. The Board felt it appropriate that each location of Transitional Land Use be reviewed for the implications of potential R/T zoning. Further, it was felt that any significant project which may come up would be able to adjust to a normal plan amendment review cycle, which would accommodate both the change to the matrix and the specific proposal. (The schedule for Amendment 94-1 is roughly: Initiation in February, 1994; Transmittal in April; Adoption in September). DJK/RTAMEND '. . . ,- . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt0i1] SUBJECT: AGENDA ITEM ~ I;). ]) - MEETING OF AUGUST 24. 1993 ORDINANCE NO. 53-93 DATE: August 20, 1993 This is the first reading of an ordinance adopting a new Official Zoning Map. This action is ministerial and is intended to provide for a public and formal action regarding the change of method in preparing and presenting the City's Official Zoning Map. A map produced using computer aided drafting (CAD) will replace the mylar based map currently used. The Planning and Zoning Board at their July 19th meeting recommended approval. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 53-93 on first reading. If passed public hearing September 14th. , S,n ~~ '. ~ . . . DI{ ~.1 (.. I C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ". l. ~~JL " . I', - - "" ~ ,.. " f(c FROM: ---__ri1wirf-~. CS, DYR~TOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 24, 1993 ORDINANCE - REPLACEMENT OF THE OFFICIAL ZONING MAP ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which formally accommodates the replacement of the Official Zoning Map. This action is ministerial and is intended to provide for a public and formal action regarding the change in the method of preparing and presenting the City's Official Zoning Map. BACKGROUND: Attached is an excerpt of our current (mylar based) and proposed [computer assisted drafted (CAD)] official zoning map. You will note the clarity and ease of using the new mapping system. Also, the new mapping system accommodates modifications in an easier, faster, and less costly manner. The new mapping system uses a new base map (more current and easy to up-date) and allows for the mixing of information e.g. zoning, water mains, sewer mains, publicly owned lands, abandonments, and other information on one graphic representation. This product and its capabilities is the result of work performed by our Planning Department (Dan Marf ino ) and Environmental Services Engineering Division. In order to provide for a proper transition from the old (mylar based) map and the new (CAD) map, a formal action, by ordinance, is being taken. The current Official Zoning Map will be up-date~ and signed-off as of September 13, 1993. The new Official Zoning Map will be determined current as of September 14, 1993. If, in the future, there are discrepancies we will be able to identify whether they occurred in the mapping transition or at some other time (e.g. preparation of the October, 1990 zoning map). '. ~ . . City commission Documentation Ordinance - Replacement of the Official Zoning Map Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of July 19, 1993. The Board acknowledged our more efficient and effective manner of mapping,. By unanimous vote, they recommended replacement of the Official Zoning Map. RECOMMENDED ACTION: By motion, approval of this adopting ordinance on first reading with a public hearing date set for September 14, 1993. Attachment: * excerpt from current and proposed zoning maps DJK/CCZNMAP - / - - ~ L I ~ ~ 1lf~ ,,~~ ;; f. '" ~~ ~ C3~? ':-~' .l=J. ~I' .-' .. .-:::.1 - {..j... '" 1411" \01 j... . Z~ '--- r.1 )' . , i.~ , , I .. ~,.,........... _ Ot- ...... - .. ~~ ........ HAITIAN'" ,. -. /' ~- "-- Z . J . ....... II_ ........ .....TUt'\lv.. oUl' ~ t!:;;..;"!I~ ~~... I..... -i.-' ...... ~I,,,,,,-,, ~. ... "- - ./' ............... ~ I- ~':I. ~qcH ' :, . ~4...h .J...,.,r ~ I en ~,~ 1'12 . ,,'U --.. 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'. -- , ORDINANCE NO. 53-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I , DELRAY BEACH, FLORIDA, ADOPTING A NEW OFFICIAL ZONING MAPi PROVIDING FOR THE MAINTENANCE THEREOFi PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, is required to create and maintain an Official Zoning Map pursuant to Section 4.1.2 of the Land Development Regulationsi and WHEREAS, said map was created and adopted in conjunction with the creation and adoption of the City's Land Development Regulations (LDR Code) in October, 1990i and WHEREAS, said map was created through a mylar system and a previously created base mapi and WHEREAS, the City has upgraded its mapping capabilities through the use of Computer Assisted Drafting Devices ( CAD D ) and has created a new base map which is current in naturei and WHEREAS, it is necessary and appropriate that the City use its enhanced mapping capabilities in the creation and maintenance of the Official Zoning Mapi and WHEREAS, the City's Local Planning Agency has reviewed and recommended approval of replacement of the Official Zoning Map at a regular meeting held on July 19, 1993i and WHEREAS, the City Commission considered ,such an action following an advertised public hearing held on September 14, 1993. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Official Zoning Map of the City of Delray Beach, Florida, which was heretofore maintained on a mylar based system, is-hereby replaced with a new Official Zoning Map to be maintained on a Computer Assisted Drafting Device (CADD) systemi a i copy of the new Official Zoning Map being executed by the Mayor, with I attestation by the City Clerk, and retained in the Office of the City Clerk. Section 2. That the Planning Director of the City of Delray Beach, Florida, is hereby directed to publish and distribute the new Official Zoning Map and to maintain said map and to provide revisions and updates to the Office of the City Clerk for official purposes as the need arises. ,. r ~ . 4"'........ --- Section 3. That all ordinances or parts of ordinances which are in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 53-93 -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ;, FROM: CITY MANAGER [1~1 SUBJECT: AGENDA ITEM # / d... E - MEETING OF AUGUST 24. 1993 ORDINANCE NO. 54-93 DATE: August 20, 1993 This is the first reading of an ordinance amending the Land Development Regulations by amending Section 4.4.21 "Community Facilities (CF) District", Subsection (B), by adding "Cemeteries" as a principal use; and by amending Section 4.4.22, "Open Space (OS) District", Subsection (B), by deleting "Cemeteries" as a principal use. This request is being made in conjunction with an inquiry regarding establishment of a privately owned and operated cemetery at the site which was formerly intended for use as Middle School "H". The site is currently owned by the Palm Beach County School Board, but is being offered to a private party as part of the negotiations for another school site. This site was previously designated as single family residential on the Future Land Use Map and zoned R-1AA. Subsequently, the land was assigned a Future Land Use Designation of Mixed Use - Community Facilities and Open Space. With the adoption of the Land Development Regulations the site was rezoned to CF; and later, with the adoption of Plan Amendment 90-1, the Future Land Use Designation was changed to Medium Density Residential. While the property has the potential for residential development under the existing land use, that potential is limited by traffic concurrency problems on Lake Ida Road and by limited access to the site. The CF district currently allows uses which are generally public and semi-public in nature, such as government and community centers and facilities, parks and recreation facilities and service-oriented centers. While cemeteries are not specially addressed, they are consistent with the CF Purpose and Intent Statement. The Community Redevelopment Agency rev.iewed this request at it August 12th meeting and did not object. At their 1\,ugust 16th meeting the Planning and Zoning Board recommended approval. Recommend approval of Ordinance No. 54-93 on first reading. If passed public hearing September 14th. . L/ jo J POJ~ iff-! (f\ ff(7 g~ fjJl1tJg ) '" '. , . - -.- - ORDINANCE NO. 54-93 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 CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT" , SUBSECTION (B) , BY ADDING "CEMETERIES" AS A PRINCIPAL USEi BY AMENDING SECTION 4.4.22, "OPEN SPACE (OS) DISTRICT", SUBSECTION (B) , BY DELETING "CEMETERIES" AS A PRINCIPAL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHE REAS , pursuant to LDR Section 1. 1 ~ 6,' the Planning and Zoning Board reviewed the subject matter at its meeting of August 16, 1993, and has forwarded the change with a- recommendation of approval i and, WHEREAS, pursuant to Florida Statute 163.3174 (1) (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 I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.21, "Community Facilities I I (CF) District", Subsection 4.4.21(B), "Principal Uses and Structures Allowed" , of the Land Development Regulations of the Code of I Ordinances of the City of Delray Beach, Florida, is hereby amended by I adding the following text: ill Cemeteries Section 2. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.22, "Open Space (OS) District", Subsection (B), "Principal Uses and Structures Permitted" , of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types-of use are allowed within the OS District as a permitted use: (1) Parks, public or private 1..1.1 rte-itetetles '. . , ---- ----. I , I I I (22) Water bodies and/or water management tracts I I I within development projects I I (3~) Excess parcels located along the Interstate HIghway System, canals, and similar parcels which should be retained for open space and aesthetic purposes I (!S) Golf courses, public or private 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 d~clared to be invalid. Section 4. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. ! PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. i I I i MAY 0 R ATTEST: City Clerk First Reading Second Reading I - 2 - Ord. No. 54-93 " . D~ +~1 L.. , C I T Y COM MIS S ION DOC U MEN TAT ION TO: ID T. HARDEN, CITY MANAGER . :YloJJ4. \~{Yot-- C:t..,_____" . "--' C {; ( FROM: ID J. 0 CS, DIRECT PARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF AUGUST 24, 1993 FIRST READING, L.D.R. AMENDMENT ADDITION "CEMETERIES" TO THE C.F. DISTRICT, DELETING FROM THE O.S. DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ~rdinance which amends the Land Development Regulations ( LDRS) . The amendment will: ADD "cemeteries" as a principal use in the Community Facilities (C.F. ) Zone District; and, DELETE "cemeteries" from the list of principal uses in the Open Space (O.S.) Zone District. BACKGROUND: In response to an inquiry about the potential for establishing a cemetery on property currently zoned C.F., it was determined that the use was not accommodated in that zone district (it is accommodated in the O.S. District) . It was also noted that the municipal cemetery is currently zoned C.F.; thus, it is a non-conforming use! Because of the above situation, the staff took the matter before the Planning and Zoning Board and sought a "determination of similarity of use" which would accommodate a cemetery as a principal use in the C.F. Zone District. Please refer to the attached Planning and zoning Board staff report for more information as to how the non-conforming situation with the municipal cemetery came about; and, for general information about the land use inquiry. " , City Commission Documentation First Reading, L.D.R. Amendment Addition "Cemeteries" to the C.F. District, Deleting from O.S. District Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of August 16th. After a thorough discussion of the confusion in the LDRs, the Board was supportive of adding "cemeteries" to the C.F. District but declined to use the "similarity of use" process. Instead, the Board recommended on a 6-0 vote, that the City Commission ADD the use of "cemetery" [as Section 4.4.21(B)(6)] to the C.F. District and to DELETE that use from the Open Space Zone District [(4.4.22(B) (2)]. During the Board's deliberation there was discussion about the potential for establishing a cemetery on former school site "HH" (Davis Road area). Concerns focussed not upon the use, but upon the site treatment, buffering, and security. Such issues would be addressed through the site plan review process (SPRAB) when, and if,' a specific land use application comes forward. RECOMMENDED ACTION: By motion, approval of this LOR Amendment Ordinance on first reading. Attachment: * P&Z Staff Report & Documentation of August 16, 1993 DJK/CCCEMTRY - . . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: August 16, 1993 AGENDA ITEM: V.B. DETERMINATION OF SIMILARITY OF USE: CEMETERY (PRIVATE) AND ACCESSORY BUILDINGS UNDER CF ZONING ITEM BEFORE THE BOARD: The item before the Board is a determination of similarity _of use, pursuant to LOR Section 4.3.2(C)(2). The request is that "Cemeteries" be _deemed similar to other uses allowed as permitted uses in the CF (Community Facilities) zoning district. BACKGROUND: This request is being made in conjunction with an inquiry regarding establishment of a privately owned and operated cemetery at the site which was formerly intended for use as Middle School "H. .. The site is currently owned by the School Board of Palm Beach County, but is being offered to a private party as part of the negotiations for another school site. School Site "H" History: The site was previously designated as single family residential on the Future Land Use Map and zoned R-IM. In November 1989, the property was assigned a Future Land Use Designation of Mixed Use - Community Facilities and Open Space. In October 1990, the site was rezoned CF (Community Facilities), as part of the Citywide rezoning and adoption of the Land Development Regulations. With Amendment 90-1, the site was assigned a Future Land Use Designation of Medium Density Residential, while the zoning remained CF. While the property has the potential for residential development under the existing land use, that potential is limited by traffic concurrency problems on Lake Ida Road, and by the limited access to the site. The prospective owner has suggested that a cemetery as a possible use for the property, given those limiting conditions. Municipal Cemetery Zoning History: Prior to 1990, the Municipal Cemetery was zoned R-lA, Single Family District. Cemeteries were not allowed in the R-IA district at that time, however, they were listed as a permitted use in the CF zone. With the Citywide rezonings in 1990, the Municipal Cemetery was rezoned to CF. This action was intended to make the use a conforming one, however, with the adoption of the new LDRs, the use was deleted from the CF zone and was ( included in the Open Space (OS) zone district. Thus, the Municipal Cemetery remains a non-conforming use. V.B. '. P&Z Memorandum Staff Report Similarity of Use--Cemetery in CF zoning Page 2 ANALYSIS: The CF district currently allows uses which are generally public and semi-public in nature, such as government and conununity centers and facilities, parks and recreation facilities, and service-oriented centers. In addition, there are several conditional uses which can be established in CF, such as ACLFs and nursing homes, churches, hospitals, and private parking lots (see attached CF District regulations for full list of uses) . While cemeteries are not similar to these uses in terms of function or intensity, there are certain factors which make the use appropriate in the district. The CF Purpose and Intent statement indicates that the district is intended for "uses which serve public and semi-public purposes." Such purposes include governmental' uses, churches, educational, service, and institutions. Cemeteries are consistent with that stated purpose. Another factor is that cemeteries are a permitted use in the OS (Open Space) district which, in general, permits uses which are far less intensive than those allowed in CF. The OS district is intended for uses which are to be uses primarily in an open space manner, such as golf courses, parks, water bodies, and cemeteries. While the OS District may be the most appropriate zoning for a cemetery, it is not necessary that the use be limited to that zoning district only. REVIEW BY OTHERS: The CRA Board reviewed this request at its meeting of August 12th. The board had no objections to the proposed finding. Courtesy Notic~ have sent to the following homeowners associations and neighborhood organizations: * Helen Coopersmith * Art Jackel PROD United Property OWners & Rainberry Bay * Joseph Narrow * Bernie Berkowitz Chatelaine Rainberry Lakes * Bob Penn * Thomas Mook Pines of De1ray North Sudan * Joan Rainford * Jack Kellerman Delray Shores High Point Letters of objection, in any, will be presented at the meeting. '0 . . . P&Z Memorandum Staff Report Similarity of Use--Cemetery in CF zoning Page 3 ALTERNATIVE ACTIONS: If through its consideration of this item, the Board determines that the use "Cemetery" is not similar to other uses allowed in the CF zone, but is nonetheless an appropriate use in the district, it can elect to initiate a text amendment adding "Cemetery" to the permitted uses in CF. If the Board determines that the use is neither similar nor appropriate in CF, it should initiate a zoning change to OS for the Municipal Cemetery, in order to make that facility a conforming use. ,Thus., the alternative actions are as follows: 1- Deny a determination of similarity of use, and initiate a corrective rezoning of the Municipal Cemetery to OS. 2. Deny a determination of similarity of use and instead initiate a text amendment to LDR Section 4.4.21(B), adding cemeteries to the CF district as a permitted use. 3. Make a determination that by virtue of its similarity to other uses permitted in the CF district, cemeteries can be permitted in the district without any change to the regulations. RECOMMENDED ACTION: Initiate a text amendment to LDR Section 4.4.21(B)(2)(d) to add cemeteries to the listed permitted uses in the CF district. Attachments: * CF zoning district regulations * Location Map Report prepared by: Jeff Perkins, Planning Technician I Reviewed by DJK on: August 11, 1993 JP/TISZTEH.DOC " . '- Section 4.4.21 Section 4.4.21 Community Facilities (Cl) District: (A) Purpose and Intent: The Community Facilities (CF District is a special purpose zone district primarily intended for facilities which serve public and semi~public purposes. It is also applied to regulated properties subjected to a transfer of development rights. Such purposes include governmental uses, churches, educational, service, and institutions. The CF District is deemed compatible with .all land use designations shown on the Future Land Use Map. (B) Principal Uses and Structures Allowed: The following types of use are allowed within the CF District as a permitted use: (1) Governmental facilities 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. (2) Community facilities such as: civic centers, community centers, community theatre, cultural facilities and , auditoriums, arts and crafts centers, libraries, museums,public , parking lots, parking garages. (3) Parks and recreation facilities such as: community centers, parks, ballfields, tennis centers, swimming centers, golf courses which are open to the public. (4) Service oriented facilities such as: Abused Spouse Residences, Child Care Centers, Day Care Centers, Group Homes Levels I and II. (5) Restricted usage allowed pursuant to an ordinance enacted to sever developments rights under a Transfer of Developments (TDR). (See Section 4.6.20). (e) 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. (D) Conditional Uses and Structure. Allowed: The following uses are allowed as conditional uses: 4468 Section 4.4.20 (0) (1) Adult Congregate Living, Continuing Care, Homes for the Aged, and Nursing Home Facilities. (2) Substance Abuse Treatment Facilities. (3) Churches and places of worship with attendant uses of day care, pre-school, ed.ucational facilities, and with other normal educational (Sunday school) and recreational facilities, and support facilities (e.g., patronages). (4 ) Educational facilities either public or private 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) whic~ may. be located in various commercial districts. (5) Group Homes, Level III. (6) Hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation centers, and testing facilities. (7) Mental Health Treatment Facilities including residential care. (S) Privately operated parking lots and garages (9) Refuse Transfer Stations (to) Stadiums and arenas (II) Transportation stations and terminals such as bus stations, railway stations, taxi dispatch (more than one taxi). ( 12) Utility Facilities such as power transfer stations (E) Review and Approval Proc...: (1 ) In established structure., 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 (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. 44&' '. Section 4.4.21 (F) (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply. ( G). Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added pursuant to the following: ( 1) Outside storage may be allowed only in rear yards and then only when screened from view from adjacent properties and public rights-of-way in a manner approved by the Site Plan Review and Appearance Board. (H) Special Regulations: ( 1) Within the front yard setback and any street side setback area, the first ten feet (10') abutting the right-Of-way 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. On lots with a depth greater than three hundred feet (300'), the front yard landscape area shall be fifteen feet (15') in depth. ! ! I , : I I I I , , , i 4470 . . - . .- '""'W..-... I~ ~--. I-- - U-- -I ~IXY r- ~ rl - ll!~ V - 'I ......' ~ - - I-- = - - -~ ~ - 11ft ~......- l/ Ii 1\ I ( L A Ie r I D A- 1111111_fT I W I o~ II I I I I I - I I I I I /-i~~ ' T III I ::~ ~e- T 1~t2 ~ '-~ 't.f I I c., R~ r~ S .:) - :f--n-~- ~ .., n I \,. ""( y, ~ ~ I I I - '1 J r., ~ "( - - - / .. - --., I I II~ I I I I , ~ , I ~I I/~ I /1---1 ;~'j ~ ,_ 7 ' ~] ---.::::::: 'dJ...:p / 100( ICD l I II 1., '/ '--'I I l- XIQ( ~ f#j / lit lit w . ...- ~""""" .J I 0 - z 0 I I u I I ;/ I - [ - ; jl- ~ """" ... ... e..f ~ " I I I ./ U / J-...-- __ ...._ U - / ~ I ), 'I ~ /- - AlJJ ~ ~ (" IL ~~ ~ ~ ~ I ~ ~ --- ~~ I ~ ~ . ~ ro.... .,DllU ........ Silt .HI/' _ _ T\.,,"TI - - " . - -" - ., COMPARATIVE STUDY OF PROPERTY TAX INFORMATION DELRAY BOYNTON BOCA BEACH BEACH RATON -------------- --------------- -------------- CURRENT BUDGET 92-93 -------------------- OPERATING MILLAGE 6.2000 7.9518 3.35B5 DEBT SERVICE MILLAGE 0.9500 0.5169 0.5046 -------------- --------------- -------------- TOTAL I'IILLAGE 7.1500 8.4687 3.8631 FINAL TAXABLE VALUE 2,470,870,887 1,932,038,577 6,749,039,164 POPULATlm~ 48,B59 48 ,0Oi) 63,536 REVISED GENERAL FUND BUDGET 38,121,807 29,331,553 62,633,500 TAXABLE VALUE PER CAPITA 50,571 40,251 106,224 PROPERTY TAXES PER CAPITA 362 341 4l{i BUDGET DOLLARS SPENT PER CAPITA 780 611 987 PROPOSED BUDGET 93-94 --------------------- OPERATING MILLAGE 7.1100 7.9518 3.3387 DEBT SERVICE MILLAGE 1. 1400 0.6172 0.5174 -------------- --------------- -------------- TOTAL MILLAGE 8.2500 8.5690 3.8561 PRELIMINARY TAXABLE VALUE 2,461,544,953 1,942,379,849 6,931,229,000 POPULATION 48,859 48,000 63,536 PROPOSED GENERAL FUND BUDGET 39,828,110 29,591,764 62,283,100 TAXABLE VALUE PER CAPITA 50,381 40,466 109,091 PROPERTY TAXES PER CAPITA 416 347 421 BUDGET DOLLARS SPENT PER CAPITA o,r 6" 980 Uh) 'u '. " COMPARATIVE STUDY OF MONTHLY TAXES AND FEES PER HOUSEHOLD FY 92-93 DELRAY BOytHOl~ BOCA TYPE OF PAYMENT BEACH BEACH RATON ------------------------------------- --------- --------- --------- TAXES (CITY ONLY) 44,69 52.93 24.14 TAXES (OTHER) 103.77 i ~."'I' .....,. 103.77 LV,). i i ELECTRIC/SAS EXPENSE 100.00 100.00 100.00 UTILITY TAX 8.50 10.00 8.50 FRANCHISE TAX 6.00 Ji 6.00 6.00 TELEPHONE EXPENSE 50.00 50.00 50.00 UTILITY TAX 3.50 3.50 3.50 FRANCHISE FEE 0.50 0.50 0.50 WATER BILL (@ 10,000 GAL.) 20.07 17,12 15.09 SEWER BILL (@ 10,000 GAL.) 28.72 19.56 20.68 UTILITY TAX 0.00 0.00 3.04 CABLE TV EXPENSE 30.00 30.00 30.00 FRANCHISE FEE 0.90 1 ~r, 1. 50 1..;V GARBAGE (CURBSIDE PICKUP) 9.70 10.50 0.00 --------- --------- --------- 406.35 405.3B 366.72 --------- --------- --------- --------- --------- --------- PLEASE t~OTE: TAXES ARE BASED ON CURRENT TAXES LEVIED ON AN ASSESSED VALUATION OF $100,000 LESS $25,000 FOR HOMESTEAD EXEMPTION. OTHER TAXES INCLUDE 9.603 MILS FOR SCHOOL DISTRICT TAXES, 4.6300 MILS FOR PALM BEACH COUNTY; 1.4750 MILS FOR PALM BEACH COUNTY HEALTH CARE DISTRICT; AND .5470 MILS FDR SOUTH FLORIDA WATER MANAGEMENT DISTRICT TOTALLING 16.603 MILS. UTILITY PAYMENTS ARE ESTIMATES AND ARE USED FOR COMPARISON PURPOSES ONLY. fDELRAY'S FRANCHISE FEE WOULD BE REDUCED TO $5 IF SAS IS USED INSTEAD OF ELECTRIC. '. " SUMMARY OF STAFFING LEVELS FY 1990-1 994 AUTHORIZED POSITIONS DEPARTMENT FY FY FY FY FY 89-90 90-91 91-92 92-93 93-94 ------------------------------ ------ ------ ------ ------ ------ GENERACFUND CITY COMMISSION 5.5 5.5 5 5 5 CITY MANAGER 2.5 2.5 3 3 3 Public Information 1 1 1 1 1 Total City Manager 3.5 3.5 4 4 4 CITY CLERK 10 10 9 8 7 (1) CITY ATTORNEY 7 6 6 6 6 Police Legal 0 0 0 0 1 Total City Attorney 7 6 6 6 7 FINANCIAL ADMINISTRATION 15 14 15 14 14 Budget and Internal Audit 2 2 0 Q Q Total Finance Department 17 16 15 14 14 HUMAN RESOURCES 4 5 5 5 5 ADMINISTRATIVE SERVICES Assistant City Manager 2 2 2 2 4 Support Service Administration 4 4 4 3 o (2) Management Information Systems 8 8 7 7 7 Purchasing 5 5 6 6 6 Total Administrative Services 19 19 19 18 17 TOTAL GENERAL GOVERNMENT 66 65 63 60 59 POLICE DEPARTMENT Administration 22 21 26 24 13 (3) Support 47 50 35 35 45 Investigation 30 30 41 42 42 Patrol 106 109 10~ 106 107 Total Police Department 205 210 208 207 207 FIRE DEPARTMENT Administration 9 10 10 10 10 Operations 85 85 98 98 98 Highland Beach 0 0 0 0 22.5 (4) Fire Safety 7 7 7 7 7 Total Fire Department 101 102 115 115 137_5 '. .. . SUMMARY OF STAFFING LEVELS FY 1 990-1 994 AUTHORIZED POSITIONS DEPARTMENT FY FY FY FY FY 89-90 90-91 91-92 92-93 93-94 ------------------------------ ------ ------ ------ ------ ------ DEVELOPMENT SERVICES ADMIN 2 0 0 0 0 PLANNING & ZONING 12 16 15 15 15 COMMUNITY IMPROVEMENT Administration 3 4 3 3 3 Building Inspection 22 22 22 21 21 (5) Code Enforcement 20 17 17 17 17 Total Community Improvemenl 45 43 42 41 41 ENVIRONMENTAL SERVICES Engineering 11 5 4 6 4 EngineeringlDecade of Excellence 3 4 5 5 6 Engineering/1993 Water & Sewer Bond 0 0 0 0 2 (6) Public Works Administration 4 2 2 3 2 Traffic Operations 4 5 4 4 4 Street Cleaning 1 0 0 0 0 Parking Facilities 1 1 1 1 1 Street Maintenance 10 7 7 7 7 Facility Maintenance 6 6 6 5 5_5 Total Environmental Services 40 30 29 31 31.5 PARKS AND RECREATION Administration 6 6 6 6 6 After School Program 1 1 1 1 1 Athletics & Special Events 1 1 2 2 2 Carver Recreation Facility 1 1 1 1 1 Beach Operations 14 14 14 14 14 Tennis Center 3 3 3 3 3 Community Center 4 3 3 3 3 Veteran's Park/Rec Facility 1 1 1 1 1 C.S. Pompey Park 7 7 6 6 6 Park Maintenance 40 40 40 40 40 Cemetery 3 3 3 3 3 Total Parks and Recreation 81 80 80 80 80 TOTAL GENERAL FUND 552 546 552 549 571 '. .. SUMMARY OF STAFFING LEVELS FY 1990- 1994 AUTHORIZED POSITIONS DEPARTMENT FY FY FY FY FY 89-90 90-91 91-92 92-93 93-94 ------------------------------ ------ ------ ------ ------ ------ WAIISAAND$t;'NgA .FLJNO ENVIRONMENTAL SERVICES Public Utilities Administration 13 13 12 11 11 Water Treatment & Storage 18 18 14 18 18 Water Distribution 17 15 15 14 14 Wastewater Collection 23 23 11 12 12 Sewage Treatment 0 0 1 1 1 Water Maintenance 0 0 4 4 5 Il) Liftstation Maintenance 0 0 16 16 16 Total Environmental Services 71 69 73 76 77 FINANCE Utility Billing 19 19 17 15 15 TOTAL WATER & SEWER FUND 90 88 90 91 92 LAW ENFORCEMENT TRUST FUND CITY ATTORNEY Police Legal 0 0 2 2 1 (8) BEAUTIFICATION TRUST FUND PARKS & RECREATION Beautification Maintenance 3 3 3 5 5 INSU13ANCE.,'FUND FINANCE Risk Management 3 4 4 4 4 COMMUNITY DEV. BLOCK GRANT COMMUNITY IMPROVEMENT Community Block Grant Admin 2 2 2 2 2 C.D.B.G. Housing Rehab 2 2 2 2 2 Neighborhood Housing Q 0 1 Q 1 (9) Total CDBG Fund 4 4 5 4 5 SANHA TION FUND COMMUNITY IMPROVEMENT Recycling Program 0 1 1 1 1 ,. ., SUMMARY OF STAFFING LEVELS FY 1 990-1994 AUTHORIZED POSITIONS DEPARTMENT FY FY FY FY FY 89-90 90-91 91-92 92-93 93-94 ------------------------------ ------ ------ ------ ------ ------ CITY GARAGE FUND ENVIRONMENTAL SERVICES Central Garage 7 7 9 9 9.5 STORMWATEA UTILITY FUND ENVIRONMENTAL SERVICES Storm Water Utility Maintenance 0 4 4 4 4 Storm Water Utility Administration 0 1 1 1 1 Total Stormwater Fund 0 5 5 5 5 TOTAL ALL FUNDS 659 658 671 670 693.5 GENERAL FUND (1) City Clerk Vacant Staff Assistant I position frozen. (2) Administrative Services Support Services division is eliminated, deleting one vacant Executive Secretary position and transferring two Office Assistant positions to the Assistant City Managers division. (3) Police Department Reorganization effective May 29, 1993. Proposed budget freezes a vacant Communications Manager and a Police Information Specialist in the Support diVision. One vacant Police Officer post ion is frozen in the Investigation division. (4) Fire Department Includes the addition of 22.5 positions for the operation of Highland Beach. (5) Community Improvement One vacant Building Inspector position and one vacant Code Enforcement Officer pOSition are frozen. (6) Environmental Services An Assistant Construction Manager added in the Engineellng division. pOSition to be funded from the 1993 WIS Bond. WATER & SEWER FUND (7) A new Utility Service Worker C position is proposed in the Water Maintenance DiVision. LAW ENFORCEMENT TRUST FUND (8) Assistant City Attorney/Police Legal Advisor position proposed in the General Fund. COMMUNITY DEVELOPMENT BLOCK GRANT (9) A Neighborhood Program Specialist position is added which will be funded by the Genel 31 Fund. ., Proposed Fiscal 1994 Budget Alternatives to Reduce Tax Levy to 8,0 Mills or Less Funds Required $315,010 Possible Expense Reductions Position: M.I.S. Officer $ 79,071 Traffic Engineer (vacant) 40,837 Neighborhood Planner (vacant) 39,406 Staff Assistant (Planning - vacant) 26,725 Neighborhood Program Specialist (vacant) 39,332 Safety Officer (vacant) 60% of 49,874 = 29,924 $255,295 Proposed Line Item Cuts Human Resources $ 200 Public Information 300 Purchasing 300 M.1.S. 3,050 Police Admin. 7,650 Fire Admin. 11,910 Fire Operations 55,140 Fire Safety 6,270 Planning 4,130 Community Improvement Admin. 4,350 Building Inspection 200 Code Enforcement 11,350 Engineering 240 Publics Works Admin. 100 TOTAL POSSIBLE CUTS IDENTIFIED $105,190 $360,485 .,