08-24-93 Regular
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ,
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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.
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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.
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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.
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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.
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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.
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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
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION DELRAY BEACH
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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).
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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 ~&
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B.40ESIGNS
ARCHITECTURE. SPACE PlANNING
GEORGE BREWER
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204 N.W. 9TH STREET
DELRAY BCH, FL 33444
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'-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
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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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.
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C I T Y COM MIS S ION DOC U MEN TAT ION
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TO: /' DAVID T. HARDEN, CITY MANAGER
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THRU: DAVID J. KOvAcs, DIRECTOR---
D~P~RTMEN~ OF pANNING AND ZO, NING
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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.
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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.
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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,
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J f kkins
ssistant Planner I
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c: Project File I
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David J. Kovacs, Director, Planning and Zoning Department
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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.
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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.
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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.
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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
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LOCATION MAP FOR
CrN COMMISSION MEETING
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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
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[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
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[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
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[ITY DF DELIA' BEAEH r t~
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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
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[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
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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.
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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.
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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
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ANNEXA TION AREAS
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ANNEXATION AREAS AS DESIGNATED IN THE FUlURE
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PlANNING DEPARTMENT
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PROPOSED ZONING DESIGNA TIONS
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N ZONING DESIGNATIONS
- COUNTY JURISOICTlON ~ SUBJECT PROPERTY
PROPOSED
CITY OF DElRAY BFACH, Fl ~ ~ ZONING C PC EXISTING ~
PlANNING OEPARTNENT G CITY ZONING
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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).
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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
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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.
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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.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
i
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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.
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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
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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
~ -
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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.
'.
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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
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[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
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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
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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]
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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]
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[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.
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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
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Beach Lots, Delray
West 90 Ft of East 180 Ft of North 1/2 of
Lot 20 Lying West of Salina Ave.
AND"
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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
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each constituting an original upon the terms and conditions
above stated on the date first set forth above.
~tZ~'
o ER/AGENT ~
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CITY,OF DELRAY BEACH, FLORIDA
ATTEST:
City Clerk
Approved as to Form:
--
city Attorney
Page 4 of 4
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(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
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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;-:; . .
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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.:::.
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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.
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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
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- 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.
'.
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,
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
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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','
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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) ,
"
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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
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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
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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
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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
.,
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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 ;"
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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
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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
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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
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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.
..
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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
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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
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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
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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
'.
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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
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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
'.
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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
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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
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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
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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.
'.
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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).
'.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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..
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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~
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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.,,..
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, PLANNING AND ZONING DEPARTMENT MEMO l~~i~~ u ~.U
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TO: ~~RIBUTION LIST
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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
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<.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'
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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
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MON 210:17 p.a2
AUG-23-93
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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. ~
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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
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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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'.
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
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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.
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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
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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
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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.
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[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
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[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-
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THE EFFORT ALWAYS MATTERS 9E
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[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
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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
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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:
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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.
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~ ..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
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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.
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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 .
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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
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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.
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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.
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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
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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
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~~_ 5. ~..tA._
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Teresa B. Tinker, Policy Coordin3.tor 0Cf.-
Growth Management and Strategic Planning Unit :)
,~
TBT/ncr 000
Enclosures
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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
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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~
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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-
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6C. What advantages would be realized by these changes?
~
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6D. What disadvantages would occur by making these changes?
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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
"
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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).
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.
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
'.
"
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,
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
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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''
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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
-------------
-------------
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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
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[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
.
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THE EFFORT ALWAYS MATTERS
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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)
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)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:':
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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).
'.
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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
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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
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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
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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
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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
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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.
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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
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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).
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
'.
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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
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859500
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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
"
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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
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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
,
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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
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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."
'.
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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
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Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
I MAY 0 R
I
I ATTEST:
I
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I
I City Clerk
First Reading
Second Reading
I
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- 2 - Ord. No. 51-93
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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
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,- - .-- - - --- --- . - .-- --- ---- - ----
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
'.
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--- - _____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
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,
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
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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.
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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
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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.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
".
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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).
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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
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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
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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
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- -.- -
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
'.
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---- ----.
I ,
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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
"
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+~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
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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
"
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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&'
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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.
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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
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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.
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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
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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
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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
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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.
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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
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