10-26-93 Regular
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DElRA Y BEACH
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. CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING
OCTOBER 26. 1993 - 6:00 P.M./PUBLIC HEARING - 7:00 P.M.
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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 official action. City Commission
meetings are business meetings and the right to limit discussion
rests with the Commission. Generally. remarks by an individual will
be limited to three minutes or less (10 minutes for group
presentations). The Mayor or presiding officer has discretion to
adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the City
Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed
items should sign in on the sheet located on the right side of the
dais. If you are not able to do so prior to the start of the
meeting, you may still address the Commission on an appropriate
item. The primary purpose of the sign-in sheet is to assist staff
with record keeping. Therefore, wj1en 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
10/26/93
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:
Regular Meeting of October 12, 1993
Special Meeting of October 19, 1993
6. Proclamations:
A. Alzheimer's Disease Awareness Month - November 1993
7. Presentations: None.
8. Consent Agenda: City Manager recommends approval.
A. ACCEPTANCE OF EASEMENT DEED/DELRAY MALL: Accept an easement
deed from the Delray Beach Mall for the water line behind the
convenience center on the north side of the site.
B. ACCEPTANCE OF EASEMENT DEED/AIRCRAFT PRODUCTS COMPANY:
Accept an easement deed from Aircraft Products Company for the
purpose of installing and maintaining water and sewer lines in
conjunction with Phase II o.f the Enclave Water and Sewer
Improvements project.
C. SETTLEMENT OFFER: Approve an offer of settlement in the
Bilow vs. the City of Delray Beach litigation.
D. AMENDMENT TO THE MORlKAMI LOAN AGREEMENT: Approve an
amendment to the agreement with Morikami, Inc. which provides for
a reduction in the interest rate from 8% to 4% and extends the
date for final payment to June 30, 1995.
E. AMENDMENT TO THE BANKER'S ROW TRI-PARTITE AGREEMENT: Approve
the amendment to the agreement with Banker's Row and Community
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City Commission
Regular Meeting
10/26/93
Redevelopment Agency which authorizes the creation of a special
assessment district within Banker's Row.
F. INITIATION OF SMALL-SCALE LAND USE PLAN AMENDMENTS:
Authorize staff to initiate six small-scale land use plan
amendments.
G. REOUEST FOR WAIVER OF THE LANDSCAPE CODE: Approve a request
for waiver of Land Development Regulation Section 4.6.16(H) (3)(d)
for Skinner Dental Lab located at 703 N.E. 3rd Avenue.
H. FINAL PLAT/LANDSCAPE TECHNIOUES: Approve the final plat for
Landscape Techniques (formerly Landscape Technology) located west
of Wallace Drive, along Royal Palm Drivej subject to conditions.
I. FINAL PLAT/CALVARY BAPTIST CHURCH: Approve the final plat
for Calvary Baptist Church located at the southwest corner of
S.W. 8th Avenue and S.W. 10th Streetj subject to conditions.
J. SPECIAL EVENT PERMIT/DEL IDA NEIGHBORHOOD ASSOCIATION:
Approve a request from the Del-Ida Neighborhood Association to
hold a Halloween Party on a portion of the cul-de-sac located at
the corner of Dixie Boulevard and Swinton Avenue on Saturday,
October 30, 1993 from 4:30 P.M. to 6:30 P.M. and to hold a
rummage sale on that site on Saturday November 11, 1993.
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~ K. TEMPORARY USE PERMIT/HARVEST FEST: Approve a temporary use
permit for the Atlantic Avenue Association to use public street
and sidewalks from the Intracoastal Waterway, east to Venetian
Drive, and approve the request to place event and directional
signs in the City's right-of-way and for staff assistance in
-- conjunction with the annual Harvest Fest to be held November
13-14, 1993.
L. REOUEST TO PLACE SIGNS IN THE CITY'S RIGHT-OF-WAY: Approve a
request from the Veterans Park Playground Committee to place
signs in the City's right-of-way.
M. SUNSHINE AND CONTINENTAL CUP TENNIS TOURNAMENT: Consider a
request to place flags, welcome and directional signs in the
City's rights-of-way at Linton Boulevard and Lindell and Dotterel
Roads and for Police coverage, in conjunction with the Sunshine
and Continental Tennis Tournament being held December 12 through
18, 1993.
N. RESOLUTION NO. 99-93: A resolution assessing the cost for
abatement action necessary to demolish an unsafe structure at 119
N.W. 9th Avenue.
O. CHANGE ORDER NO. l/POMPEY PARK ROOF: Consider a change order
in the amount of $11,250 to the contract with Fowler Energy
Systems, Inc. for additional roof work as defined in bid
Alternate No. 2 . with funding from General Construction Fund -
,
Buildings (Account No. 334-6112-519-62.10).
P. AWARD OF BIDS AND CONTRACTS:
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City Commission
Regular Meeting
10/26/93
1. Carbon Dioxide - Water Treatment Plant - Liquid Carbonic (via
City of West Palm Beach Bid) in the estimated annual amount of
$45,500; with funding from Water Treatment Plant - Chemicals
(Account No. 441-5122-536-52.27).
2. Materials for Playground (lumber) - Veterans Park - Denney
Lumber Company, Inc. in the amount of $30,435; with funding from
Special Project Fund - Kiwanis Veterans Park Playground (Account
No. 115-4101-572-63.63) and Special Project Fund Reserve for
Special Event (Account No. 115-0000-248-84.00). ~_
9. Regular Agenda: q~IJ-~ ~-~JQ~
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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 October
11 , 1993 to October 22, 1993.
AJS S--o
B. REOUEST FOR WAIVER OF CONDITIONS ASSOCIATED WITH CONDITIONAL
USE APPROVAL/KEYSTONE CREATION: Consider a request from Keystone
Creation for waiver of the side walk installation and improvement
obligations for N.W. 18th Avenue associated with conditional use
approval to establish a monument and ornamental stone cutting
operation north of N.W. 1st Street, between the CSX Railroad and
N.W. 18th Avenue:.://tt ~ ~~~~ ~
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C. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an
appeal of the Historic Preservation Board's decision with respect
to the sit~lan~val for Sloan Hammock. ~ ~ 61-0
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D. DETERMINATION OF ARCHITECTURAL COMPATI TBACK
STEAKHOUSE: Determine if the architectural elevations proposed
for the Outback Steakhouse are compatible with those of the
Linton Square ShOPPie:~~ter. .f.-I ~
E. REOUEST FOR CONDITIONAL USE APPROVAL/SOUTH FLORIDA
SANITATION: Consider a request for conditional use approval to
establish a resource recovery facility in the Mixed Indu.strial
Commercial (MIC) zone district, located north of N.W. 1st Street,
1APe*~ between N.W. 18th Avenue and the CSX Railroad. Planning and
Zoning Board recommends approval, subject to conditions.
7.0/-5 RAND., STRICI<'- - :JM~ BEEI<. -(}LAA!eNCf.#tJJ-P-- .IfeLCN~~SI?/T/I-lfltJI1IfS l1oae,
8: ~ OJ 1" . REOUEST FOR COND~TIONAL USE APPROVAL/BINGO HALL: Consider a
request for conditional use approval to establish a bingo hall at
TA Pf -iJ: ::0 the Delray Square Shopping Center located on the east side of
Military Trail, north of Atlantic Avenue. Planning and Zoning
Board recommends approval. 1G)t . 5"-0
G. PENSION SETTLEMENT AGREEMENT: Consider an agreement with the
Board of Trustees of the City of Delray Beach Police Officers and
Firefighters Retirement System (Board), Professional Firefighters
of Delray Beach, Local 1842 (IAFF), and the Police Benevolent
Association (PBA) , to resolve all issues related to the use of
insurance premium tax revenues in connection with the City of
Delray Beach Police Officers and Firefighter Retirement System.
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. City Commission
Regular Meeting
10/26/93
H. HOLIDAY PARADE: Approve a special event permit for the
Holiday Parade to be held on December 11, 1993 and consider a
request for waiver of ~e $374 police overtime costs.
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I. SUBSTITUTE ORDINA CE 1-93: An ordinance amending
Land Development Regulations by amending the CBD (Central
Business District) Zone District to allow car washes as a
conditional use. Public Hearing was held and closed at the
October 12, 1993 regular meeting. ~/~ ~-/~
%:3.fs- J. PRESENTATION EAST ATLANTIC AVENUE BEAUTIFICATION PROJECT:
~ Consider a presentation by Gee and Jenson with regard to the
conceptual plan, preliminary budget and project constraints
associated with the East Atlantic Avenue Beautification project.
8':55" i3Vb€rE T 95O.J cx:o D&:!.ADE.. &:wD
K. SERVICE AUTHORIZATION NO. 6/GEE AND JENSON: Consider a
service authorization in the amount of $60,500 to the contract
with Gee and Jenson for engineering services to prepare final
construction documents, assistance in bidding negotiations, and
construction administration services in conjunction with the East
Atlantic Avenue Beautification project; Decade of Excellence Bond
Issue Phase II - Atlantic Avenue/Intracoastal to Ocean (Account
No, 228-4141-572-61.73). City Manager recommends approval.
;dIE, 5-0
L. SERVICE AUTHORIZATION NO. 7/PROFESSIONAL ENGINEERING
CONSULTANTS: Consider a service authorization in an amount not
to exceed $10,000 to PEC for engineering and construction
administration services in conjunction with the rehabilitation of
Lift Station Basins 8, 18 and 32; with funding from Water and
Sewer Renewal and Replacement - Manhole Rehab (Account No.
442-5178-536-61.84). City Man~er recommends approval.
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M. SERVICE AUTHORIZATION NO. 16/HAZEN AND SAWYER. P.C. :
Consider a service authorization in the amount of $53,879 to the
contract. with Hazen and Sawyer, P.C. for engineering services in
conjunction with the Lake Ida Road/Barwick Road Water Main
Extension project; with funding from 1993B Water and Sewer
Revenue Bond - Water Main/Lake Ida (Account No.
440-5179-536-63.56) and Water Main/Barwick Road (Account No.
440-5179-536-63.55). City Manager rec~mendS approval.
N. ADDENDUM NO. 2 TO SEf~~ AUTHO~~TION NO. 3/PROFESSIONAL
ENGINEERING CONSULTANTS: Consider an addendum to Service
Authorization No. 3 tn the amount of $7,582 to the contract with
PEC for design and coordination of the alternative generator for
the air scrubber locations at Lift Stations Nos. 1, 4 and 11 and
modification to the above ground fuel tank at the new booster
pump station; with funding from Water and Sewer Renewal and
Replacement - Lift Station Conversion to Submersible (Account No.
442-5178-536-61.83). City Manager rec~mmends approval.
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O. RELOCATION OF FLAG POLE/VETERANS PARK: Consider relocating
/' the flag pole in Veterans Park. e/~. 4- - / ,p.
q:Ob
P' AWARD OF BID/TENNIS CENTER PHASE II: Consider awarding the
bid for Phase II of the Tennis Center Project.
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City Commission
Regular Meeting
10/26/93
10. Public Hearings: None.
11. Comments and Inquiries on Non-Agenda Items from the Public-
~ Immediately following Public Hearings.
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1:# A. City Manager's response to prior public comments and
I inquiries.
f:Oj~tb~) B. From the Public.
~ First Readings: /APe-/1- -$:o.3PJ.0
A. ORDINANCE NO. 61-93: An ordinance repealing Ordinance No.
56-93 which amended Chapter 54 "Sewers" of the Code of
Ordinances to clarify the monthly customer charges where no water
service is provided and to clarify the collection method of sewer
service charges and enacting a new ordinance to correct the rate
structures and effective date. If passed public hearing November
9th. t2/tL 5-0
B. ORDINANCE NO. 62-93: An ordinance annexing the Sunset Pines
Condominium, Discount Auto Parts and Spodak Medical Center with
initial City zoning of RM (Multiple Family Residential), NC
(Neighborhood Commercial) and POD (Professional Office District),
respectively. If passed public hearing November 23rd.
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C. ORDINANCE NO. 63-93: An ordinance amending Section 4.4.13
"Central Business (CBD) District" of the Land Development
Regulations to clarify the parking requirements for the Central
Business District. Planning and Zoning Board recommends approval.
If passed public hearing November 9th. ~~ ~-O
D. ORDINANCE NO. 64-93: An ordinance amending Section 4.6.9,
"Off Site Parking Regulations" , of the Land Development
Regulations by amending Subsection 4.6.9 (E), "In Lieu Fee", to
revise the in lieu parking fee general provisions, and to revise
the in lieu parking fee to $6,000 per space. Planning and Zoning
Board recommends approval. If passed public hearing November
:~h. ORDINANCE NO. 65-93: An ordi::~e am~d~g ~.4.11,
"Neighborhood Commercial (NC) District, of the Land Development
Regulations to provide for the display and sale of lawn
furniture I playground equipment, sheds and accessories as a
conditional usej to delete the dispensing of gasoline directly to
a vehicle as a conditional usej to delete veterinary offices as a
conditional use; to revise the maximum site area to two (2)
acreSj and to provide for a maximum floor area for single tenant
office or service uses and single principal uses. Planning and
Zoning Board recommends approval. If passed public hearin~
December 7th. 3/;;"'" ~ ~/~~~n 10/7
MAtOlJ../e- / I' --7--
F. ORDINANCE NO. 6-93: An ordinance amending Section 4.2.24
"Old School Square Historic Arts District (OSSHAD), of the Land
Development regulations to provide for a reduction in the parking
requirements for new development or change in use subsequent to
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City Commission
Regular Meeting
10/26/93
January 1, 1994. Planning and Zoning Board recommends approval.
If passed public hearing November 9th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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[ITY DF DELRAY BEA[H
100 N,W. 1st AVENUE DELRA Y BEACH, FLORIDA 33444 407/243 7000
WHEREAS, Four million Americans have Alzheimer's
Disease; and,
WHEREAS, Alzheimer's Disease is the fourth leading
cause of death among adults, taking more than 100,000 lives
each year; and,
WHEREAS, Alzheimer's Disease, unless cured, will
affect 14 million Americans by the middle of the next
centurYi and,
WHEREAS, Alzheimer's Disease affects more than
300,000 Florida Residents, 52,000 living in Palm Beach
County; and,
WHEREAS, Alzheimer's Disease is not a normal part
of the aging processi and,
WHEREAS, Alzheimer's Disease is presently
incurable and irreversiblei and,
WHEREAS, an increase awareness of the problem of
Alzheimer's Disease may stimulate interest and research
among Palm Beach County residents to learn more about
effective caregiving techniques.
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission do hereby proclaim November 1993 as
ALZHEIMER'S DISEASE AWARENESS MONTH
in Delray Beach, Florida, and urge all of our citizens to
support the Alzheimer's Association Greater Palm Beach Area
Chapter Inc., in its commitment to increase the awareness of
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 26th day of October, 1993.
MAY 0 R
THOMAS E. LYNCH
SEAL
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, ,)itCHtO CITY OF OURAY BEAC~ (3
TO: David Harden DATE: 10/20/93
FROM: Joe Weldon
SUBJ: United States Tennis Association
The copy of the attached letter from the United
States Tennis Association is for your information.
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CITY CLERK
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- UNITED STATES TENNIS ASSOCIATION
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INCORPORATED
70 West Red Oak lane
zaJ" White Plains, NY 10604.3602
Telephone 914 696-7000
Fax 914 696-7167
UNITED STATES TENNIS ASSOCIATION
J, Howard Frazer October 14, 1993
President
Or, Lester M. Snyder, Jr, Mr. Joseph Weldon, Parks & Recreation Director
First Vice President Delray Beach Tennis Center
Or, Harry A. Marmion 201 West Atlantic Avenue
Second Vice President Delray Beach, FL 33444
Dwight A. Mosley Dear Mr. Weldon,
Secretory
Mervin A, Heller, Jr. Congratulations! On behalf of the Technical Committee of
Treasurer the USTA, I am pleased to confirm that the Delray Beach
REGIONAL VICE PRESIDENTS Tennis Center has been selected as one of the outstanding
public tennis facilities for 1993.
Victor /, Kosser
North Atlantic Region The USTA Facility Awards Program, now in its thirteenth
Yvonne K. Gorton year, was established to stimulate high standards in public
Pacific Region tennis facilities and to recognize those facilities whose
Kenneth S, Niddrie efforts make such a positive statement about the vitality of
Southern Region the game.
Jay O. Rodenberg Each winning facility has been awarded a commemorative
Central Region
plaque and large lexan sign. The plaque was presented to
IMMEDIATE PAST PRESIDENl your section president or USTA delegate at the USTA
Robert A, Cookson Executive Committee meeting. The lexan sign will be shipped
directly to you in approximately one month. The Delray
Beach Tennis Center will also have its organizational
membership in the United states Tennis Association renewed
for 1994 on a complimentary basis. Please fill out enclosed
M. Marshall Hopper III membership application and return to USTA for processing.
Executive Director
Certificates of achievment (limited to 15) are also
available for park and recreation directors, architects,
engineers, consultants and community volunteers who were
integral to the construction, design or general concept of
the facility. We ask your assistance in providing us with
the appropriate names and titles for recipients of these
certificates. Please return this information to the USTA,
70 West Red Oak Lane, White Plains, NY 10604 to the
attention of Anne Marie Martin and certificates will be
prepared.
TENNIS-THE SPORT FOR A LIFETIME
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The USTA Technical Committee salutes the Delray Beach Tennis
Center and wishes you and your facility continued success.
Sincerely,
&+~ /t1 cJ.P.- -4 -
Stanley Malless
Chairman
USTA Technical Committee
Enclosure
cc: Mr. Ed Foster
Delray Beach Tennis Center Manager
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[IT' DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr~t_r'. D~r_at L~n_
(407) 243-7090
MEMORANDUM
Date: October 18, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorney~
Subject: Easement Deed for Water Line on North Side of Delray
Beach Mall
For your acceptance is an Easement Deed for the water line
behind the convenience center on the north side of the Delray
Beach Mall. This easement provides the City with the right to
maintain, operate and construct the water main which runs
through the Delray Beach Mall's property. Acceptance of this
easement is recommended.
Please call if you have any questions.
DNT: sh
cc: David Harden, City Manager
Robert Phillips, Utilities Inspector
Cheryl Leverett, Executive Assistant
mall.dnt
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EASEMENT' rnD
'IHIS INI:ENIURE, rra::E this 14 t h day of Se D tern b e r , 19 JU.., J::1{ an::l J:et;I..een
Delray Mall Associat~sr:srties of t:.h: first p3.rt, an::l t:.h: Cl'IY CF rEIWIY IDQ-l, a Florida mnicip3.l
cctp::lt'ati01. in PaJm B::och O:mty, state of Florida, tmtY of t.ha oo::x:rrl p3.rt:
Wl'INESSEIH: 'Il"at t:.h: p3.rties d t:.h: first p3.rt, fO[' an::l in o::nsidmiti01. of t.ha s.m of 'IB1
($10.00) IblJ.ars an::l ctler g::oj an::l valt:ab1e ansidmltims to it' in l'En:l tEid J::1{ th:! .said x:artY of th:!
s:o:n:l r:srt, th:! ra::eipt of wch is J-ereJ::1{ cdraYled;;J9:l, d:::e5 J-ereJ::1{ grant, !::aIgrln, am cn:l reJ.a:lre
mto t.ha x:artY of t.ha s:o:n:l plrt, its Sl~rs an::l ass~, a right of way an::l r:eq:ettBl es:m:nt fO['
th:! p..lrI:CSE! of: maintenance with full an:] frEe right, Itl:erty, en:! auth:rlty to alter q:x:n an::l to
install, q:erate, an::l rraintain Slrl1 wa t e r ma in l.J'X:Er, oc:rcss, thI:1:u;t1 an::l q:x:n, CNer, 1.ni:!r 0['
within t:.h: ~ cEs:riJ::a:l ~ lo::ate::l in PaJm B::och O:mty, Florida, to-wit;
I:ES:roPTIO'J
See attached Exibit A sheets 1 & 2
O:n:r:rnitant en:! o:extEnsi ~ with this right is th:! ti..Irt:.I-er right in t.ha p3rty of th:! s:o:rd
p3.rt, its s~rs an::l assigns, of ~ en:! e;p:ess 0Jer an:l. 01. th3.t p:xti01. of lan:i <Es:::ril:e::l
al::cM:, to effa:::t th:! ~ of t:l-e 63S3TB1t;.
'That this easerent sh3l.l 1:e subject cnly tD th::a:! easarents, rastrictiO'lS, en:! l'l:I9:l'VatiO'lS of
ra:DrCl. '!hat th:! p3.rties of t:l-e first p3.rt a;;;ree tD pro.;id: fO[' t:.h: re1.E:es3 of any an:] all rrorI:ga;Jes 0['
liens aD.lli::erirg this 63S3TB1t;. 'Ire p3.rties of t:l-e first p3.rt al.so cgree to ere::t ro b.liJ.din;; 0['
effe:t any ot:rer kirrl of cx:nstru:ti01. 0[' inprovarents t.p:n tiE ~ prq:etty.
Parties of t:l-e first p3.rt cb J-ereJ::1{ fully >arrant th:! title to S3.id lan:i an:] will cEfen::l t:l-e
EaTe a;JCrlnst th:! lawful c1airrs of all pmms ~ c:1airreJ J::1{, t:hra.gl cr U'XE" it, th3.t it !'as
g:o:l right en:! lawful auth:rl ty tD grant t:l-e aI:x:1Je <Es:::ril:e::l €flS:rCB1t an:] th3.t tiE EaTe is
m:n::uri:ere:l. W'Ere th:! o:ntext of this Ea9:rrB1t D:a:i a.l1aos 0[' p:!llTlits, tiE7 ~ sh3l.l in::1~ t:l-e
51 ~rs cr assigns of th:! r:srties. '
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IN Wl'INES WiERE(1i' , t:.h: r:srties tD this Ea9:rrB1t D:a:i set treir l'En:'Is an::l s:als tiE cBy an::l
year first al::cM: writta1.
Wl'INESSES: PAAI'IES CF 'THE F'IRST PARI': DELRAY MALL ASSOCIATES
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/-f, .:;~~ /fJJ:J .
IY\A-?I.-.kNE. c::,.2.ov... ,:; FRANK McENUL TY . .
(rare printe::l cr typ;! writta'l) (rare ~ cr tyt:e writta1)
225 S. Westmonte Drive, Suite 3020
Alr"monrp Springs Fl 17714
(address )
(rare printe::l or ty)::e wri tta1)
(rare printe::l or type wri tta1)
(address )
SlAW CF r/~ i / ~.;
OJ.NIY CF .<)t-~-//.I'." Ie
'Ire fOl:"Eg)in;; instru:re1t '..as a::kn::Mrle:g:d l::efore Ire this /"7"7/1 day of Y~;T7r<:.yk~, 19..z:.ii
J::1{ M/ lY,c He' e .-IN;.... J', if (rare of pmul a::kn::Mr1.e:J:p:l), ...to is pmn1a1ly kn::N.n to rreV~
.......&....A ' (l.)~ 9i lQe:ltifimt;iEFI) __i~:iI:lI1liaT am v.ro _ ~ take an
cath.
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~,,:: o~~'~F~,,,ftlMJ or st:att:ed
, I t, '- ~:,,;. ii.:.::-; t"iAr..C.H \7,1995
,_,,~__ .,c_:,,~'> NOTARY IlROIWlAGII
'.
, ,
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MORTGAGEE JOINDER (If applicable)
By: ~
(V\~~ e. (.S ""7 1..-\ P<:f'^--
(Name printed or typed)
(address)
FOR MORTGAGEE JOINDER
STATE OF C:cc l'j' (\
COUNTY OF He; \ \,
The foregoing instrument was acknowledged before me this ~ day of [)f\-l-D},c-:{ ,
199-1, by ('{'In l' h r I'll <~ Ii C,-I/\ (name of person acknowledged),
who is personally known to me/or has produced (type of
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9 ., \0
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Signature of Person taking Acknowledgement
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[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE ,'\ii) NW lq AVENUE' DELRAY BEACH, FLORIDA 33444
L\CSl1\fILF "117;27i).4755 W~1t_~'. D1~_ct ~1n_
(407) 243-7090
MEMORANDUM
Date: October 19, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Easement Deed
Phase II Enclave Project
Attached is an Easement Deed for water and sewer lines in Phase
II of the enclave project. This easement is being given by
Aircraft Products Company for the purpose of allowing the City
to install and maintain water and sewer lines. Our office
recommends acceptance of the easement deed.
Please call if you have any questions.
DNT:sh
Attachment
cc: David Harden, City Manager
Dan Beatty
Cheryl Leverett
aircraft.dnt
~ 5-0
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EASEMENT DEED
THIS ENDENTURE, made this l~~ day of C:t."""(' 0 e t'I1. , 19 Cf.3, between Aircraft
Products Company, parties of the first part, and the CITY OF DELRAY BEACH, a Florida
municipal corporation in Palm Beach County, State of Florida, party of the second part.
WITNESSETH: That the parties of the first part, for and in consideration of
the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in
hand paid by the said party of the second part, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell and release unto the party of the
second part, its successors and assigns, a right of way and perpetual easement for
the purpose of water and sewer lines with full and free right, liberty, and authority to
enter upon and to install, operate, and maintain such water and sewer lines under,
across, through and upon, over, under or within the following described property located
in Palm Beach County, Florida, to-wit;
Section 4, Township 46, Range 43, the north 20 feet of the south 1410 feet of the
west 105.57 feet of the SW 1/4 of Section 4 being part of Tangerine Trail, together
with the south 20 feet of the SE 1/4 of the NE 1/4 of the SE 1/4 of Section 5 east
of Swinton Ave. and the north 76 feet of the NE 1/4 of the SE 1/4 of the SE 1/4 of
Section S east of Swinton AVe. together with the norht 40 feet of the south 570
feet of the west 103.13 feet of the SW 1/4 of the NW 1/4 of the SW 1/4 of Section
4, Township 46, Range 43.
Concomitant and coextensive with this right is the further right in the party of
the second part, its successors and assigns, of ingress and egress over and on that
portion of land described above, to effect the purposes of the easement.
That this easement shall be sUbject only to those easements, restrictions, and
reservations, and reservations of record. That the parties of the first part agree
to provide for the release of any and all mortgages or liens encumbering this
easement. The parties of the first part also agree to erect no building or effect any
other kind of construction or improvements upon the above-described propprty.
"- '
Parties of the first part do hereby fully warrant the title to said land and
will defend the same against the lawful claims of all persons whomsoever claimed by,
through or under it, that it has good right and lawful authority to grant the above
described easement and that the same is unencumbered. Where the context of this
Easement Deed allows or permits, the same shall include the successors or assigns of
the parties. WHEREOF! the parties
IN WITNESS to this Easement Deed set their hands and seals
the day and year first above written.
WITNESSES: PARTIES OF THE FtRSW.J-
~/~~
@ fi;,'u~L L
Al/t'IJIAEiL -5 R/RD E, Ernest Schwartz
(name printed or type written) (name printed or type written)
12807 Lake Drive. Delray, FL 33447
(address)
(name printed or type written
(name printed or. type written) (add>:ees)
STATE OF r~&~/D/J
COUNTY OF PA.un 13€A(?,Io/
Q"H1-v The foregoing ins /4-1Yl day of
, lCj~ by (name of
officer or agent, title of officer or agent),
(name of corporation acknowledging) , a
incorporation) corporation, on behalf of the cor
to me) (or has produced identification)
identification) (as identification) and (did/did
Gl lXlfmHy J. PNrnE Signat re Person Taking
lIlY CCMMl8SION , CC 04aIe1
1lCI'INI: 0cIIIllIr 14, 1.... gment
Dottie Prittie (Dorothy J, prittie)
Name of Acknowledger Typed,
Printed or Stamoed
'.
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riJ.1'
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{l'~,
[IT' OF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278.4755 Writer's Direct Line
~
(407) 243-7091
~,
MEMORANDUM
DATE: October 18, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Bilow vs. the City of Delray Beach
Mrs. Bilow filed suit against the City of Delray Beach over an
alleged slip and fall incident that occurred on April l, 1992.
Mrs. Bilow alleged that she was walking and tripped on uneven
pavement. She alleged the City negligently maintained the
roadway. Mrs. Bilow fractured her wrist as a result of the
trip and fall. This incident occurred on Flame Vine Avenue.
Mrs. Bilow's total medical expenses were $3,409.00. A
mediation was held in this case on October 13, 1993. At the
mediation, a settlement was reached subject to your approval in
the amount.. of $4,500.00. Our office recommends settlement of
this lawsuit in the amount of $4,500.00 which will include all
attorneys fees and costs. The City will obtain the appropriate
releases.
of this memorandum to David Harden, Ci ty Manager, our
requests that this settlement be placed on the
26, 1993 City Commission agenda for approval.
cc David Harden, City Manager
Lee Graham, Risk Manager
~
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CLT. ,n_TORNEY 'S OFF I CE TEL No. 407 27:3 4755 Oct 22,93 10:41 p ,Cl2
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 2()\1 NW hI ,\vl:NUl . DELRAY DcACl1. FLORIDA 33444
fACSIMILE 4{l7U7S,475' WrL~.~'. DL~.o~ LLn.
(407) :a43-7090
".J
MEMORANDUM
Date: October 21, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorney
Subject; Amendment to Morikami Loan Agreement
The amendment to the Morlkaml Loan Agreement is before you for
approval. The amendment provides for a reduction in the
interest rate from 8% to 4%. Final payment will be due on or
before June 30, 1995. The Morikami Board of Directors approved
the amendment at its october 21, 1993 meeting.
Please call it you have any questions.
DNT ; 8 h --
Attachment
cc: David Harden, City Manager
Joseph safford, Finance Director
Cheryl Leverett, Executive Assistant
:
.
,
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1
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1
,.-, T --- - --~[lRNEY 'S OFF I CE TEL No. 407 278 4755 [let 22,93 !C1:41 p, (13
1.- ~_ ,
AMENDMENT NO. 1 TO LOAN AGREEMENT BETWEEN
CITY OF DELRAY BEACH AND MORIKAMI, INC.
~
...1 THIS AMENDMENT to the Loan Agreement is made and entered
into this _ day of , 1993, by and between the
CITY OF DE~RAY BEACH, a Florida municipal corporation, herein-
after referred to a6 the "City", and MORIKAMI, INe. , a non-
profit corporation, hereinafter referred to as "Morikaml."
WIT N E SSE T H:
WHEREAS, the parties hereto have entered into that certain
Loan Agreement ("Agreement It) for a loan of $74.750.00 to
Morlkaml dated March 21, 1991; and
WHEREAS, said agreement provided for a loan of $74,750.00
to Morikami, interest-free for one year; and
WHEREAS f Morikami paid $50,000.00 to the City, leaving a
balance of $24,750.00 due by June 30, 1992 at an interest rate
of B'i and
WHEREAS, the City Commission agreed at its August 25, 1992
meeting to extend the date for final payment to June 30, 1993;
and
WHEREAS, Morikami was unable to pay the outstanding
balance during the past year; and
WHEREAS, the parties agree to an extension of the payment
date until June 30, 1995, and a reduction in the rate of
interest to 4%:.
NOW, THEREFORE, in consideration of the mutual covenants
and promises herein contained, the adequacy of which 1s hereby
(-. T - . ~~JRNEY'S OFFICE TEL No, 407 27:3 4755 Oct 22,93 1CI:42 F' ,CI4
- .
acknowledged by the parties, the parties hereby agree as
follows:
1. The remaining loan sum of $24,750.00 shall be paid in
~
full no later than June 30, 1995.
.'
2. Interest shall accrue on the outstanding balance of
$24,750.00 at the rate of 4% per year.
3. Morikami shall use its best efforts to make periodic
payments on the outstanding balance from the date of this
amendment until June 30, 1995.
4. All provisions of the agreement not in conflict with
this amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement on the day and year first above
written.
-- CITY OF OELRAY BEACH, FLORIDA
ATTEST:
By, _-__' ._..____
CityClerk -. - Thoma5 Lynch, Mayor
Approved as to Form and
Legal Sufficiency:
---~
City Attorney
MORIKAMI, INC.
ATTEST:
By:_.__...__~____
Executive Director
.o;("ik_..~
-2-
CITY ATTORNEY'S OFFICE TEL No, 407 273 4755 Oct 22.93 10:41 P,02
[ITY DF DELAAY BEA[H
CITY AnORNEY'S OFFICE 2()\J NW 1st t\Vl;:-IUE . DEI.RAY DcACII, FLORIDA 33444
fACSIMIl.E 4(l7i27S.475~ W~~_.~'. D~~.G_ L~ft.
~ (407) 243-7090
v
MEMORANDUM
Date: October 21, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorney
Subject: Amendment to Morikaml Loan ~greement
The amendment to the Morlkami Loan Agreement is before you for
approval. The amendment provides for a reduction in the
interest rate from 8' to 4'. Final payment will be due on or
before June 30, 1995. The Morikami Board of Directors approved
the amendment at its october 21, 1993 meeting.
PIeaae call it you have any questions.
DNT:sh -......
I
Attachment
cc: David Harden, City Manager
JOseph sat ford, Finance Director
Cheryl Leverett, Executive Assistant
,
,
,
i
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l
1
I
CITY AiTORNEY'S OFFICE TEL No, 407 278 4755 Oct 22,93 10:41 P.03
AMENDMENT NO. 1 TO LOAN AGREEMENT BETWEEN
CITY or PELRAY BEACH AND MORIKAMI, INC.
~
v THIS AMENDMENT to the Loan Agreement Is made and entered
into this _ day of , 1993, by and between the
CITY OF DILRAY BBACH, a Florida municipal corporation, herein-
a.fter referred to ae the "City", and MORIKAMI, INC. , a non-
profit corporation, hereinafter referred to as "Morikaml."
WIT N E SSE T H:
WHEREAS, the parties hereto have entered into that certain
Loan Agreement ("Agreement" ) for a loan of $74.750.00 to
Mor1kam1 dated March 21, 1991; and
WHEREAS, said agreement provided for a loa.n of $74,750.00
to Morikami, interest-free for one year; and
WHEREAS I Morikami paid $50,000.00 to the City, leaving a
balance ot $24,750.00 due by June 30, 1992 at an interest rate
of 8'; and
WHEREAS, the City Commission agreed at its August 25, 1992
meeting to extend the date tor final payment to June 30, 1993;
and
WHEREAS, Morlkami was unable to pay the outstanding
balance during the past year; and
WHEREAS, the parties agree to an extension of the payment
date until June 30, 1995, and a reduction in the rate of
interest to 4'.
NOW, THE.REFORE, in consideration of the mutual covenants
and promises herein contained, the adequacy of wh1ch 1s hereby
I
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CfTY ATTORNEY'S OFFICE TEL No, 407 278 4755 Oct 22,93 10:42 F' ,04
acknowledged by the parties, the parties hereby agree as
follows:
1. The remaining loan sum of $24,750.00 shall be paid in
..
full no later than June 30, 1995.
.J
2. Interest shall accrue on the outstanding balance of
$24,750.00 at the rate of 4' per year.
3. Morikami shall use its best efforts to make periodic
payments on the outstanding balance from the date of this
amendment until June 30, 1995.
4. All provisions of the agreement not in conflict with
this amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement on the day and year first above
written.
--- CITY or DELRAY BEACH, FLORIDA
ATTEST:
By'
Thomas Lynch, Mayor
City Clerk
Approved as to porm and
Legal Sufficiency:
City Attorney
MORIICAMI, INC.
ATTEST;
By.
Executive Director
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[ITY DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE ZO() NW 1st ,\VENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 4()7/270.4755 W~~t_~'. D~~_at ~~n_
(407) 243-7090
MEMORANDUM
Date: October la, 1993
To: City Commission
Tolces, Assistant City Attorne~
From: David N.
Subject: Amendment No. 2 to the Banker's Row Tri-Partite
Aqreement
This Amendment to the Tri-Partite Agreement between the City,
the CRA, and the Banker's Row Homeowners Association is before
you for your approval. Due to changes in the financing of the
Banker's Row improvements, the association has requested that
the City specially assess the properties which will benefit
from the improvements. This amendment to the agreement will
authorize City staff to begin the process by which the improve-
ments can be specially assessed against the individual property
owners. This agreement also provides for an extension on the
original agreement to July l, 1994.
If this amendment is approved, the City Attorney's Office will
prepare a resolution which will authorize the special assess-
ment and the necessary ordinance changes to the City's special
assessment code provisions which will allow for the imposition
of special assessments for improvements such as landscaping and
street lighting. The CRA approved this amendment at their
meeting on October 14, 1993.
If you have any questions regarding this matter, please do not
hesitate to call.
DNT: sh
Attachment
cc: David Harden, City Manager
David Kovacs, Director of Planning & Zoning
Cheryl Leverett, Executive Assistant
bankersl.dnt
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SECOND AMENDMENT TO TRI-PARTITE AGREEMENT
FOR THE DEVELOPMENT OF B.R.H.A., INC.
~
~; This Second Amendment to Tri-Partite Agreement for
the development of Banker's Row is made and entered into this
_ day of , 1993, by and between the CITY OF
DELRAY BEACH, a municipal corporation, hereinafter referred to
as the "CITY," the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF DELRAY BEACH, an entity created pursuant to Chapter 163,
Florida Statutes, hereinafter referred to as the "CRA, " and
B.R.H.A. , INC. , a non-profit corporation, hereinafter referred
to as "BRHA. " \
WIT N E SSE T H:
WHEREAS, the parties hereto have entered into that certain
Tri-Part~ Agreement for the development of BRHA dated July 8,
1992, and the First Amendment to the Tri-Partite Agreement
dated December 7, 1992 collectively referred to as the
"Agreement" ; and
WHEREAS, said Tri-Partite Agreement provided for a
completion of the project within 180 days of the execution of
the agreement; and
WHEREAS, the First Amendment to said Tri-Partite Agreement
provided for the BRHA to pay to the eRA their 25 percent (25%)
participation of the cost of the design and construction of the
street improvements in nine (9 ) equal installments up to a
maximum contribution of Thirty-Two Thousand Five Hundred
Dollars ($32,500.00); and
'.
WHEREAS, the parties are desirous of amending said agree-
ment to provide for an extension of time to complete the
project, and to provide that the City shall create a special
assessment district in order to assess each property owner the
.'
proper assessment over a nine-year period.
NOW, THEREFORE, in consideration of the mutual covenants
and promises herein contained the adequacy of which is acknow-
ledged by the parties, the parties hereby agree as follows:
l. A new Section 2, F. is hereby added to the Agreement
to read as follows:
F. Special Assessment District. The City,
pursuant to its home rule powers shall endeavor to
establish a special assessment district encompassing the
area of N.E. 1st Avenue between N.E. 2nd Street and N. E.
3rd Street.
-----
2. A new Section 2, G. is hereby added to the agreement
to read as follows:
G. Construction Easements. BRHA agrees to use
its best efforts to obtain construction easements from the
individual property owners who own property on N.E. 1st
Avenue between N.E. 2nd Street and N.E. 3rd Street.
3. Section 8 of the said Agreement is hereby amended in
its entirety to read as follows:
8. Time for Completion. It is contemplated that
this project will be commenced within fifteen (l5) days
following the execution of this Agreement and the project
completed no later than July 1, 1994. The design of
2
'.
improvements attached hereto as Exhibit "A" is approved by
all parties, subject to the CRA's rights to make such
modifications as it deems reasonably necessary.
~
4. In all of the respects the said Agreement shall
~}
remain in full force and effect unmodified except to the extent
provided herein.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Thomas Lynch, Mayor
Approved as to Form:
City Attorney
DELRAY BEACH COMMUNITY
WITNESSES: REDEVELOPMENT AGENCY
By:
Kevin Egan, Chairman
(Type or Print Name)
----
(Type or Print Name)
WITNESSES: B.R.H.A. , INC.
By:
President
(Type or Print Name) (Type or Print Name)
(Type or Print Name)
brha-l.agt
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~f
SUBJECT: AGENDA ITEM i ~~ - MEETING OF OCTOBER 26. 1993
AUTHORIZATION TO INITIATE CORRECTIVE SMALL SCALE LAND USE
PLAN AMENDMENTS j
I
DATE: October 22, 1993
This item is before you to authorize staff to initiate several
small-scale land use plan amendments and rezoning. i
In June, 1992, the Planning Department staff conducted an analysis of
the Future Land Use Map, zoning map and actual land uses in order to
identify inconsistencies. Several inconsistencies were identified;
three of which were corrected via rezonings. Action on the remaining
items was deferred for further analysis. That study has been
completed and staff is seeking authorization to move forward with
corrective action. The proposed amendments include:
-Change in Land Use from Medium Density Residential to General
Commercial for Jennings Florist.
-Change in Land Use from Transitional to General Commercial for
Palm Trail Plaza parking lot.
-Change in Land Use from Low Density Residential to Medium
Density Residential and in zoning from R-1AA (Single Family
Residential) to RM (Medium Density Residential) for Lyndon Arms
Condominiums.
-Change in Land Use from Community Facilities - Church to Low
Density Residential for property located at the northwest corner
of N.W. 2nd Street and N.W. 6th Avenue.
-Change in Land Use from Medium Density Residential to
Transitional and from Transitional to Medium Density Residential
for the Mayfair Animal Hospital and Barton Condominium access
drive/parking.
-Change in Land Use from Medium Density Residential to Low
Density Residential for property located at the southwest corner
of Central Street at Zeder Avenue.
-Change in zoning from R-1A (Single Family Residential) to CF
(Community Facilities) for parking areas associated with St.
John's Primitive Baptist Church.
-Change in Land Use from Medium Density Residential and Community
Facilities to Redevelopment Area #3 and from Medium Density
Residential to Community Facilities for Fire Station No. 3 I
Howell Jones and Burke properties.
-Change in zoning from R-1A (Single Family Residential) to CF
(Community Facilities) for a portion of the Public Works Complex.
A detailed staff report is attached as backup material for this item.
Recommend approval of the request for authorization to initiate the
small-scale land use plan amendments identified above.
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C I T Y COM MIS S ION DOC U MEN TAT ION
:r-~J~:~;:GER
-.-.,.---- DEPARTMENT OF PLANNING AND ZONING
FROM: DIANE DOMINGUEZ ~~''1IU?
PRINCIPAL PLANNER
SUBJECT: MEETING OF OCTOBER 26, 1993
INITIATION OF SEVERAL CORRECTIVE SMALL-SCALE LAND USE
PLAN AMENDMENTS AND CORRECTIVE REZONINGS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiation of several small-scale land use plan amendments
and rezonings, all of which are corrective in nature.
This action involves numerous parcels located in various
areas of the City (location map attached).
B A C K G R 0 U N D:
In November of 1989 the City Commission adopted a new
Comprehensive Plan via Ordinance 82-89 which included citywide
changes to many land use designations. In October of 1990, new
Land Development Regulations were adopted, as well as a new
zoning map which included citywide changes in zoning
classifications.
In June of last year, Planning and Zoning staff conducted an
analysis of the Future Land Use Map, the zoning map, and actual
land uses, in order to identify inconsistencies between the maps
and/or inaccuracies in land use or zoning designations. Several
inconsistencies and incorrect classifications were identified,
three of which were addressed through corrective rezonings on
September 8, 1992. Action on the others was deferred pending
additional analysis. That analysis has been completed, and
corrective action is requested for the remaining items as listed
below.
Eight of the eleven actions which have been identified involve
changes in land use. These changes are being processed as
small-scale amendments, pursuant to Florida Statutes 163.3187.
This statute allows land use plan amendments that are related to
small scale development activity to be processed by local
governments without regard to the twice-a-year limitation,
subject to certain criteria.
'.
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City Commission Documentation
Intiation of Corrective Land Use/Zoning Changes
Page 2
In order to process the necessary changes in land use and
zoning, the City Commission is asked to initiate the following
corrective actions:
1) CHANGE IN LAND USE FROM MEDIUM DENSITY RESIDENTIAL TO
GENERAL COMMERCIAL, FOR PROPERTY LOCATED ON THE WEST
SIDE OF N.E. 9TH AVENUE, APPROXIMATELY 100' NORTH OF
GEORGE BUSH BLVD. (JENNINGS FLORIST)
2) CHANGE IN LAND USE FROM TRANSITIONAL TO GENERAL
COMMERCIAL FOR PROPERTY LOCATED BETWEEN N.E. 9TH
AVENUE AND PALM TRAIL, APPROXIMATELY 100' NORTH OF
GEORGE BUSH BLVD. (PALM TRAIL PLAZA PARKING LOT)
3) CHANGE IN LAND USE FROM LOW DENSITY RESIDENTIAL TO
MEDIUM DENSITY RESIDENTIAL, AND A CHANGE IN ZONING
FROM R-lAA (SINGLE FAMILY) TO RM (MEDIUM DENSITY
RESIDENTIAL) FOR PROPERTY LOCATED AT THE NORTHWEST
CORNER OF ANDREWS AVENUE AND THOMAS STREET (LYNDON
ARMS CONDOMINIUMS)
4) CHANGE IN LAND USE FROM COMMUNITY FACILITIES--CHURCH
TO LOW DENSITY RESIDENTIAL FOR PROPERTIES LOCATED AT
THE NORTHWEST CORNER OF N.W. 2ND STREET AND N.W. 6TH
AVENUE (CHILD CARE CENTER AND VARIOUS RESIDENTIAL
USES)
5) CHANGE IN LAND USE FROM MEDIUM DENSITY RESIDENTIAL TO
TRANSITIONAL, AND FROM TRANSITIONAL TO MEDIUM DENSITY
RESIDENTIAL, FOR PROPERTY LOCATED AT S. FEDERAL
HIGHWAY AND S.E. 5TH STREET. (PARKING LOT BEHIND
MAYFAIR ANIMAL HOSPITAL, AND ACCESS DRIVE/PARKING FOR
BARTON CONDOMINIUMS)
6) CHANGE IN ZONING FROM GC (GENERAL COMMERCIAL) TO POD
(PROFESSIONAL AND OFFICE DISTRICT), AND FROM GC AND RM
(MEDIUM DENSITY RESIDENTIAL) TO POD, FOR PROPERTY
LOCATED AT THE S.E. CORNER OF S. FEDERAL HIGHWAY AND
S.E. 5TH STREET (MAYFAIR ANIMAL HOSPITAL AND DELRAY
DENTAL SPECIALISTS)
7) CHANGE IN LAND USE FROM MEDIUM DENSITY RESIDENTIAL TO
LOW DENSITY RESIDENTIAL FOR PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF CENTRAL STREET AT ZEDER AVENUE
(WITHIN THE SOUTHRIDGE SUBDIVISION)
8) CHANGE IN ZONING FROM R-1A TO CF (COMMUNITY
FACILITIES) FOR PROPERTY LOCATED BETWEEN N.W. 6TH
AND N.W. 7TH AVENUES, APPROXIMATELY 100' NORTH OF N.W.
1ST STREET (PARKING AREAS ASSOCIATED WITH ST. JOHN'S
PRIMITIVE BAPTIST CHURCH)
.
.
9) CHANGE IN LAND USE FROM MEDIUM DENSITY RESIDENTIAL AND
COMMUNITY FACILITIES TO REDEVELOPMENT AREA #3, ~D
FROM COMMUNITY FACILITIES TO REDEVELOPMENT AREA #3,
AND FROM MEDIUM DENSITY RESIDENTIAL TO COMMUNITY
FACILITIES, FOR PROPERTY LOCATED ON THE NORTH SIDE OF
LINTON BLVD. AT S.W. 6TH AVENUE EXTENDED (FIRE STATION
#3, HOWELL JONES PROPERTY, AND BURKE PROPERTY)
10) CHANGE IN LAND USE FROM GENERAL COMMERCIAL TO
TRANSITIONAL FOR PROPERTY LOCATED ON THE NORTH SIDE OF
WEST ATLANTIC AVENUE, IN THE 4000 BLOCK (HITCHING
POST, HAMLET SHOPS)
ll) CHANGE IN ZONING FROM R-lA (SINGLE FAMILY RESIDENTIAL)
TO CF (COMMUNITY FACILITIES) FOR PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF S.W. 4TH STREET AND S.W. 4TH
AVENUE (PORTION OF THE CITY PUBLIC WORKS COMPLEX)
PLANNING AND ZONING BOARD CONSIDERATION:
Once initiated, the proposed amendments and rezonings will be
forwarded to the Planning and Zoning Board for formal action.
R E COM MEN D E D ACT ION:
By motion, initiate action to correct the land use designations
and/or zoning classifications as identified within this report.
Attachment:
* Location map of proposed changes
DD\T:CCSSAMD.DOC
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CORRECTIVE SMALL-SCALE
LAND USE PLAN AMENDMENTS
AND CORRECTIVE REZONINGS
L-30 CANAL
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CITY LIMITS -.-.-.-.-..
1, - JENNINGS FLORIST 7. - SOUTHRlDGE SUBDMSION
I U1LE I 2. - PALM TRAIL PlAZA PARKING LOT 8. - ST. JOHN'S PRI",TIVE
I 3. - LYNDON ARMS CONDOMINIUM 8APl1ST CHURCH
SCALE ..., - CHILD CARE CENTER AND 9. - FIRE STATION '3.
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N 5, - MAYFAIR ANIMAL HOSPITAL ok BURKE PROPERlY.
BARTON CONDOMINIUMS 10. - HITCHING POST AND
8. - MAYFAIR ANIMAl. HOSPITAl ok HAMID' SHOPS
DE\.RAY DENTAL SPEClAUSTS 11. - cnY PUBUC WORKS COMPLEX
CITY OF OEI.RAY BEACH. FL
PlANNINC DEPARNENT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS "
FROM: CITY MANAGER [,1)0f
SUBJECT: AGENDA ITEM i <6G - MEETING OF OCTOBER 26. 1993
REOUEST FOR WAIVER OF THE LANDSCAPE CODE/SKINNER DENTAL LAB
DATE: October 22, 1993
This item is before you to approve a waiver of Land Development
Regulation Section 4.6.16 (H)(3)(d) for Skinner Dental Lab located at
703 N.E. 3rd Avenue.
Section 4.6.16 (H)(3)(d) states that a five foot landscape buffer must
be provided along the perimeter of the site adjacent to parking areas
and that hedges and trees must be installed within that buffer.
In order to accommodate the required parking, the applicant is
requesting a reduction from five feet to 0.5 feet for the landscape
strip along the north property linej to three feet along the south
property line and two feet along the east property line.
The Historic Preservation Board at their October 6th meeting
recommended approval of the waiver. A detailed staff report is
attached as backup material for this item.
Recommend approval of the request for waiver of Land Development
Regulation Section 4.6.16 (H)(3)(d) for Skinner Dental Lab, based upon
positive findings with respect to Land Development Regulation Sections
2.4.7 (B)(5)(a through d).
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~- - ID T. HARDEN, CITY MANAGER
THRU: I~~~~ECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: COSTELLO
SUBJECT: MEETING OF OCTOBER 26, 1993
CONSIDERATION OF A WAIVER TO THE PERIMETER LANDSCAPING
REQUIREMENTS [SECTION 4.6.16(H) (3) (d)] FOR SKINNER
DENTAL LAB (703 N.E. 3RD AVENUE).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
qranting a waiver of perimeter landscape requirements in
conjunction with a development request involving site plan
approval.
The development proposal is to establish a dental
laboratory for Skinner Dental Lab (703 N.E. 3rd Avenue).
The property is located on the east side of N.E. 3rd
Avenue, between George Bush Boulevard (N.E. 8th Street) and
Royal Court, within the Del-Ida Park Historic District.
BACKGROUND:
The project involves the conversion of an existing single family
residence to a dental laboratory (office use) for Skinner Dental
Lab (703 N.E. 3rd Avenue). The associated improvements include
construction of a 5-space parking area on the east side of the
property along with the installation of associated landscaping
and a handicapped accessible ramp. The applicant has requested
a waiver from LDR Section 4.6.l6(H)(3)(d), which deals with
perimeter landscape requirements. This section states that a 5'
landscaped buffer must be provided along the perimeter of the
si te adjacent to the parking areas, and that hedges and trees
must be installed within that buffer.
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City Commission Documentation
Meeting of October 26, 1993
Landscape Waivers for Skinner Dental Lab (703 N.E. 3rd Avenue)
Page 2
The waiver is to apply along a portion of the north, south and
east property lines adjacent to parking spaces. The corners of
the angled parking spaces will encroach into the landscape
buffer (See attached Site Plan), so that at certain points the
landscape strip is only 0.5' wide along the north property line;
3 ' wide along the south property line; and, 2 ' wide along the
east property line. The applicant has requested that this
requirement be waived, in order to accommodate required parking.
The adjacent properties to the north and south have existing
mature hedge material abutting the area where the waivers are
being requested. To the east is the F.E.C. railroad
right-of-way. The development proposal includes a continuous
hedge and trees per code along the north, south and east
property lines, which will provide additional buffering. Taking
into account the physical constraints of the site, the existing
buffering, and the need to work the parking area around the
existing building, it is appropriate to grant a waiver to this
requirement.
REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the City Commission shall make a finding that the granting of the
waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of
public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the granting of a special privilege
in that the same waiver would be granted under similar
circumstances on other property for another applicant
or owner.
The development proposal retains the residential character and
allows for the type of revitalization that is considered
desirable with developments within the RO zone district.
Converting existing structures to new uses often requires some
compromise with respect to meeting code requirements. In this
case, a portion of the landscape strip is being reduced to
accommodate required parking.
The requested waiver areas along the north and south property
lines are adjacent to existing mature hedges, which are located
in the rear of the abutting residential and commercial
properties. To the east is the F.E.C. railroad right-of-way.
Also, the proposal includes installation of additional hedge
material, which will provide an adequate buffer between the
properties. The landscape code will be followed throughout the
..
City Commission Documentation
Meeting of October 26, 1993
Landscape Waivers for Skinner Dental Lab (703 N.E. 3rd Avenue)
Page 3
remainder of the site, including those areas that will have the
most visual impact. A waiver of the requirement will not create
an unsafe situation or diminish the provision of public
facilities, and does not constitute a special privilege.
HISTORIC PRESERVATION BOARD CONSIDERATION:
At its meeting of October 6, 1993, the Historic Preservation
Board recommended approval (7-0) of a waiver to LOR Section
4.6.16(H)(3)(d) (Perimeter Landscaping), to reduce the required
5 ' wide landscape strip to 0.5' along the north property line;
3' along the south property line; and, 2 ' along the east
property line, as depicted on the attached site plan.
RECOMMENDED ACTION:
By motion, grant a waiver to LDR Section 4.6.16(H) (3) (d)
(Perimeter Landscaping), to reduce the required 5' wide
landscape strip to 0.5' along the north property line; 3 ' along
the south property line; and, 2'along the east property line,
as depicted on the attached site plan, based upon positive
findings with respect to Sections 2.4.7(B)(5)(a) - (d) .
Attachments:
* Location Map
* Reduction of Site Plan
* Letter of Request
JC/Y:CCSKIN.DOC
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mnl Elizabeth Deb s
. Ralph Cantin
C Architects, Inc.
October 20, 1993
Mr. Jeffrey A. Costello, Planner *** HAND DELIVERED ***
100 N. W. 1st Ave.
Delray Beach, FL 33444
Re: Request for Perimeter Landscape Waiver
Skinner Dental Lab · 703 N.E. 3rd Ave. · Oelray Beach, FL 33444
Dear Jeff,
The Skinner Dental Lab Site Plan, City Option #2 (SK-3), was prepared to preserve the
residential quality of the district. Special features include pea stone driveways with railroad ties,
parking and a handicap ramp in the rear of the site and efforts to preserve the large existing
black olive trees.
As you know, the Land Development Regulations call for a planting strip five feet wide between
parking (and vehicular use) areas and abutting properties. (LOR SecA.6.16(H)(3)(d)) This
Site Plan does not meet all of the perimeter landscape requirements and we respectfully request
that the City Commission grant relief from this provision through the waiver process
(LDR SecA.6.16(C)(2) and Sec.2A.7.(B))
Due to angle parking and vehicle geometry, the proposed site plan does not meet the perimeter
landscape requirements in three locations: along the north, one the handicap parking space
walkway encroaches within 6" of the property line; along the south, one parking space and its
backup distance encroach within 3' of the property line; and along the east, a portion of several
parking spaces encroaches within 2' of the property line.
We ask that you recognize the special site and Del-Ida conditions and the expensive site
improvements the Owner is undertaking: removal of 20 melaleucas, Code planting strips, trees
along the abutting residential property and FEe right-of-way as well as the installation of a pea
stone drive with railroad ties.
Thank you very much.
~ f~~' n\\ ~~f:~~'~\
Ralph Cantin ({:\t; \'1 \., \ ~, \~.
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25 Seabreeze Avenue
Delray Beach, FL 33483
407-278-3635
407-243-8184 (Fax)
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER8f/\
SUBJECT: AGENDA ITEM i tSH - MEETING OF OCTOBER 26. 1993
FINAL PLAT/LANDSCAPE TECHNIOUES
DATE: October 22, 1993
This item is before you to approve the final plat for Landscape
Techniques (formerly Landscape Technology) located west of Wallace
Drive along Royal Palm Drive.
Replatting of the site was required as a condition of site plan
approval. The plat has been reviewed by staff and all comments of a
technical nature have been addressed. The plat is now ready for
Commission action.
Additionally, another condition of site plan approval required the
applicant to pay half the cost for road improvements on Royal Palm
Drive. Staff recommends that the plat not be released for recording
until such time as payment is received.
Recommend approval of the final plat for Landscape Techniques subject
to the condition that the plat will not be released for recording
until such time as payment is received for road improvements.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: D T. HARDEN, CITY MANAGER
THRU: DW.C~~
DE~~~LANNING AND ZONING
FROM: 4~E: LOR
PLANNER
SUBJECT: MEETING OF OCTOBER 26, 1993
APPROVAL OF FINAL PLAT FOR LANDSCAPE TECHNIQUES
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final boundary plat for Landscape
Techniques.
The project is located west of Wallace Drive (formerly
Germantown Road) along Royal Palm Drive.
This subdivision is being processed pursuant to Code
Section 2.4.5(K).
B A C K G R 0 U N D:
In February, 1993, a site plan was approved by the SPRAB to
convert a single family home to a commercial use to be known as
Landscape Technology. As a condition of site plan approval, a
boundary plat was to be submitted for review and approval. The
final plat for the project, now known as Landscape Techniques,
was submitted in August, 1993. The plat has been reviewed by
the appropriate City departments and all comments of a technical
nature have been addressed. The plat is now ready for
City Commission action.
Associated with this project are road improvement obligations
for Royal Palm Drive. The applicant is required to pay 1/2 the
cost of improving the right-of-way in front of the subject
property. That payment will be required prior to the release of
the plat mylar to the applicant for recordation.
PLANNING AND ZONING BOARD CONSIDERATION:
Pursuant to Code Section 2.4.5(K), boundary plats are not
required to be considered by the Planning and Zoning Board.
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City Commission Documentation
Landscape Techniques - Final Plat
Page 2
R E COM MEN D E D ACT ION:
By motion, approve the final boundary plat for Landscape
Techniques.
Attachment:
* Location Map & Reduced Plat
T:LSTECHPC.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tt1
SUBJECT: AGENDA ITEM # ~1: - MEETING OF OCTOBER 26. 1993
FINAL PLAT/CALVARY BAPTIST CHURCH
DATE: October 22, 1993
This item is before you to approval the final plat for Calvary Baptist
Church located at the southwest corner of S.W. 8th Avenue and S.W.
10th Street.
Replatting of the site was required as a condition of site plan
approval. The plat has been reviewed by staff and all comments of a
technical nature have been addressed. The plat is now ready for
Commission action.
During Site Plan Review and Appearance Board review, the applicant
requested a waiver of the condition to provide a sidewalk along S.W.
10th Street. SPRAB felt that it was not appropriate for the applicant
to provide the sidewalk at this timej however, that the applicant
should be required to provide the cost of the sidewalk. Engineering
staff estimates that the cost of the sidewalk installation is
approximately $3,500. Therefore, staff recommends that the plat not
be released for recording until such time as payment is received.
Recommend approval of the final plat for Calvary Baptist Church,
subject to the condition that the plat not be released for recording
until such time as payment is received for the sidewalk improvement.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D T. HARDEN, CITY MANAGER
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THRU: VID. ACS, D RECTOR
DEP RTMEN -,OF! LANNING AND ZONING
FROM:
SUBJECT: MEETING OF OCTOBER 26, 1993
APPROVAL OF FINAL PLAT FOR CALVARY BAPTIST CHURCH
**CONSENT AGENDA**
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final boundary plat for Calvary Baptist
Church.
The project is located at the southwest corner of S.W. 8th
Avenue and S.W. 10th Street.
This plat action is being processed pursuant to Code
Section 2.4.5(K).
B A C K G R 0 U N D:
In April, 1993, a request for minor site plan approval and plat
approval was received for Calvary Baptist Church. The request
involved the addition of a fellowship hall, landscaping, and
parking to the existing church. In June, 1993, the site plan
was approved by the SPRAB, subject to conditions.
One of those conditions was to obtain approval for the plat of
the subject property. The boundary plat for Calvary Baptist
Church has been reviewed by the appropriate City departments and
all items of a technical nature have been addressed. The plat
is now ready for City Commission action.
Concurrent with the site plan, the applicant requested a waiver
of the requirement to improve the adjacent streets (S.W. 11th
Street, S.W 8th Ave., and S.W. 9th Ave.)/or provide 1/2 the cost
for those improvements. The City Commission approved a deferral
of the obligation at this time, due to the fact that the Church
takes no access from these streets and would have little impact
upon them. This requirement will be revisited when the church
proposes additional development of the property, or until such
time that the City initiates the road improvements and requests
the church's participation.
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City Commission Documentation
Calvary Baptist Church - Final Plat
Page 2
Also, the applicant requested a waiver from providing the 5'
sidewalk required along S. w. 10th Street. As the City will be
improving S.w. 10th Street in the near future, the SPRAB voted
not to require the church to provide the sidewalk along S.W.
10th Street. However, the Board felt that it is appropriate to
require the church to provide the cost of the sidewalk. This
payment will be required prior to releasing the plat mylar to
the applicant for recordation.
PLANNING AND ZONING BOARD CONSIDERATION:
Pursuant to Code Section 2.4.5(K) Planning and zoning Board
consideration is not required for the approval of boundary
plats.
R E COM MEN D E D ACT ION:
By motion, approved the final boundary plat for Calvary Baptist
Church.
Attachment:
* Location Map & Reduced Plat
T_CALVARYC.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt71
SUBJECT: AGENDA ITEM ~ g;:) - MEETING OF OCTOBER 26. 1993
SPECIAL EVENT PERMIT/DEL IDA NEIGHBORHOOD ASSOCIATION
DATE: October 22, 1993
This item is before you to approve a special event permit for the Del
Ida Neighborhood Association to hold a Halloween Party at the corner
of Dixie Boulevard and Swinton Avenue on Saturday, October 30, 1993,
from 4:30 p.m. to 6:30 p.m. and to hold a rummage sale on Saturday,
November 11, 1993.
Recommend approval of the special event permit for the Del Ida i
Neighborhood Association for events to be held on October 30, 1993 and I
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November 11, 1993. I
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Agenda I tem No. :
AGENDA REQUEST
Date: October 11, 1993
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: October 26, 1993
Description of agenda item (who, what, where, how much): To grant
permission to the Del-Ida Neighborhood Association to use portions of the cul-de-sac
at the corner of Dixie Boulevard and Swinton Ave. on Saturdab. O~tnher ~O, lqq~ from
4:30 - 6:30 PM for a Halloween party, and on Saturday, Novem er 11, 1993 for a
rummage sale.
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Recommend approval.
Department Head Signature:
Determination of Consistency
City Attorney Review! Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: B NO 811
Hold Until:
Agenda Coordinator Review:
~
Received:
Action: Approved/Disapproved
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,. Del-Ida Park Neighborhood Association
P.O. Box 1691, Delray Beach, FL 33447-1691
October 7, 1993
Mr, Joe Weldon
Director of Parks and Recreation
City ofDelray Beach
50 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Weldon:
Per your conversation with Association President Toni Del Fiandra this week, please
accept this letter as confirmation that the Del-Ida Park Neighborhood Association plans to
use portions of the cul-de-sac park at the comer of Dixie Boulevard and Swinton Ave on
Saturday October 30 from 4:30pm to 6:30pm for a Halloween party and on Saturday
November 11, 1993 for a rummage sale.
If you have any questions, please feel free to call Toni at 272-3766 or myself Thank you,
243-3532
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RECEIVED OCT 9 1993
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EITY DF DELIAY HEAEM
100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
.......
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1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager ~
SUBJECT: Agenda Item #g~ City Commission Meeting 10/26/93
Special Event - Harvest Fest
DATE: October 19, 1993
ACTION
City Commission is requested to approve a temporary use permit,
per LDR Section 2.4.6.(H), with the Atlantic Avenue Association
to utilize public streets and sidewalks for the annual Harvest
Fest, November 13-14, from the Intracoastal, east to 1/2 block
east of Venetian and to allow the placement of event and
directional signage in the right-of-way prior to the one week
time limit, per LDR Section 4.6.7(D)(3)(J), to provide staff
assistance, and to waive the overtime costs.
BACKGROUND
We have received a request from the Atlantic Avenue Association
regarding this year's Harvest Fest. They have requested
barricading of the right east-bound traffic lane and parking
lane from the Intracoastal to just beyond Venetian, use of
sidewalk and street area, use of the City stage, and staff
assistance in putting up the barricades, stage and tables and
chairs.
A permit request has been sent to D.O.T. Staff assistance can
be provided but will require overtime. The estimated overtime
cost for the event is $500.00 for Streets and Parks and
Recreation crews. A request is being made to waive the overtime
costs. The Association will also be required to rent barricades
and port-a-lets for the event.
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@ P""MooR",a",p,,,, THE EFFORT ALWAYS MATTERS ~
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Agenda Item #
Page 2
RECOMMENDATION
Staff recommends approval of the temporary use permit, the
signage request, and use of staff assistance for the annual
Harvest Fest. Recommend denial of request to waive payment of
overtime.
RAB:kwg
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Agenda Item No.
AGENDA REQUEST
Date: 10/19/93
Request to be placed on:
X Regular Agenda Speclal Agenda Workshop Agenda
When: 10/26/93
DeSCrl.ptlon of agenda item (who, what, where, how much) :
Atlantic Avenue Association is requesting approval of a temporary use permit to
utilize public streets and sidewalks for the annual Harvest Fest. November 13-14,
~. from the Intracoastal, east to 1/2 block east of Venetian. to allow the place-
mpnr of evpnr ~nd dirp~rion~l Rien~EP in rhe rieht-of-way ~nd ro provide staff assistance.
ORDINANCE/ RESOLUTION REQUIRED: Y2S@ Draft Attached: YES/NO
Recommendati~__!:t!:.~~ ~~~r
~~f:::o: ~~ ,w ~ ~ ~.
Department Head Signature: ~/1' ~~~1' ~f2, /()l~IIf("3
Determination of Consistency with Comprehensive Plan: #/A-
City Attorney Review/ Recommendation (if applicable) : ,f'a-
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: (9/ NO [/'1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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,..... .~ .06 i4'9309:'33.. REGIONAL RESEARCH P,01
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64 SOUTHEAST FIFTH AVENUE. DELRAY BEACH, FL 33483 .407/278-0424
October 14, 1993
Mr. Robert Barcinski
city ot Delray Beach
Assistant City Manager
100 N.W. 1st Avenue
Del ray Beacb, FL 33444
Re: Harvest Fest 93'
Oear Bob:
The Atlantic Avenue Association and the Del ray Merchant Association
has scheduled the sixth annual Harvest Fest for November 13th and
14th located at east Atlantic Avenue. Per our conversation, this
is a letter ot request to obtain the toll owing permission and help
trom the City of Del ray Beach.
We would like approval to hang a banner at Old School Square at the
Linton intersect.ion from October 29th through November 14th st.ating'
the event name, date and location. Also we are requesting that the
city deliver and set up the Oelray Affairs tables and umbrellas
around our tood court. We would like them delivered early Sat.urday
morning and picked up at 4:00 pm on Sunday evening. It possible,
we would like to use 50 chairs that the city has and have them
delivered at the same time. Also, if possible, I would like to
find out if the small st.age is available for these dates.
Also, I would like to see if I can obtain permission trom the
O.O.T. to close off the thru lane starting on the east side of the
bridge which would also inelude closinq oft the turning lane at
Venetian. Venetian would not. be closed off. We would like to
continue the qlose ott starting at the cross walk on the west side
of Venetian to ~h. thru lane and going up t.o end of the parking lot
otf the Atlantic Shops. I will draw a rouqh draft and enclose. We
may have to start th~'con.s on "the west side of the bridge.
I look forward to working with the City on t.his event and I
apologize tor the short notice.
Sineerely,
~~
Aileen Maale
Harvest. Fest. 93' Coordinator
I
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- . OCT 14 '93 "', 34 REG I ~ RESEFPCH p, 02 .1
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER8~ I
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SUBJECT: AGENDA ITEM i g L - MEETING OF OCTOBER 26. 1993 j
j
REOUEST TO PLACE SIGNS IN THE CITY'S RIGHTS-OF-WAY
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DATE: October 22, 1993 1
We have received a request from the Veterans Park Playground Committee 1
to place temporary special event signs in the City's rights-of-way on
North/South Federal Highway and West Atlantic Avenue to solicit
contributions and volunteers for the Veterans Park Playground project. I
j
The signs will be removed upon completion of the playground. A
detailed staff report is attached as backup material for this item.
Recommend approval of the request from the Veterans Park Playground
Committee to place temporary special event signs in the City's !
rights-of-way on North/South Federal Highway and West Atlantic Avenue. j
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. Agenda I tem No.: ,
AGENDA REQUES~
Date: 10/22/93
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 10/26/93
Description of agenda item (who, what, where, how much):
Median Signs for the Veterans Park Playground Project
ORDlNANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~4- --;6~T"- ;C;/'-=-- -
Determination of Consistency with Comprehensive Plan:
City Attorney Reviewl Recommendation (if applicable):
Budget Director Review (required on all iteas involvinq expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: &NO t01
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: DAVID T. HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~
SUBJECT: VETERANS PARK PLAYGROUND SIGNS IN MEDIANS
DATE: OCTOBER 22, 1993
ITEM BEFORE THE COMMISSION:
City Commission approval of a request to place temporary special
event signage in City medians for the Veterans Park Playground
Project.
BACKGROUND:
Pursuant to Section 4.6.7(D) (3) (j), the Veterans Park Playground
Committee 1S requesting permission to place temporary special
event signs in various medians throughout the City. The item is
before the City Commission for approval to erect the 4 ' x 4'
signage at the following locations:
1. Federal Highway south of Linton Blvd (across from the
Sizzler Restaurant)
2 . Federal Highway across from Ellie's 50's Diner, located
at 2410 N. Fedeal Highway
3. East Atlantic Avenue by the 1-95 exit ramp.
The signs will be removed upon completion of the playground
November 14, 1993.
RECOMMENDATION:
Staff recommends City Commission approval to erect the temporary
special event signs as referenced by the Veterans Park Playground
Committee.
LB:DQ
Attachment
DQ
VetsPk.CC
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fo{ELP U~ ~ U\LO A Oft.E A"'- t.
Ve.,..e~AN~ PAR~ t=>LA VGRoU~O
No\l~M8eR.. \0 - t'"
VOWN1'EeR.~ Co N'TR.\&\)~eA)-s.
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!lEAc..\l 'PA.k~"'" RCc..R..eA'T IoN At
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uJ e.- v..) i II t.J f OAt~ -t~ \t l-t. ,I
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R.c..t> .. ~o~'-~ OUNI> /tIt...~ Co .....,..~
Memo To: Joyce Desormeau October 7,1993
From: Bruce He~ntzman,Public Relations Chairman, Veterans Park Playground
Subject: Proposal for temporary s~gn placement
The Veterans Park Playground Committee, in cooperat~on with
Joe Weldon, would like to submit a proposal for temporary
s~gn placement ~n the following areas:
1) Old School Square, the southwest corner of the property at
the corner of Atlantic and Swinton.
2 ) The median strip on Federal Highway just south of Linton
Boulevard(across from Sizzler).
3) The median str~p on Federal H~ghway, across from Ellie's 50's
D~ner, located at 2410 N. Federal H~ghway.
We feel the placement of these signs w~ll give us the additional
exposure needed to secure our goals for contribut~ons and volunteers.
The Publ~c Works s~gn department have agreed to construct the
4 foot by 4 foot s~gns, as well as ~nstalling them. They would
be removed upon completion of the playground November 14.
If you have any quest~ons, please call me as soon as possible at
272-4550. We can be flexible with the sites, but feel it is
imperative to reach the north/south flow' into downtown on Federal
, , '
H~ghway, as well as the eastbound flow on Atlant~c.
Thank you for your consideration on th~s matter. We hope to see
you and all your friends November lO-14 to help build th~s dream
for our children.
Ene: Sign Sketch
c:;,.",--.,_
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i <b ~ - MEETING OF OCTOBER 26. 1993
SUNSHINE CUP/CONTINENTAL CUP TENNIS TOURNAMENT
DATE: October 221 1993
We have received a request from the Chairman of the Sunshine and
Continental Cup Tennis Tournament for -authorization to erect flags,
welcome and directional signs in the City's rights-of way at Linton
Boulevard, Lindell Boulevard and Dotterel Road in conjunction with the
tennis tournament being held December 12 through 18, 1993.
The Chairman proposes to erect the signs no later than November 15th.
Section 4.6,7 (D) (3) (j) (ii) of the LDRs provides that event signs may
be placed one week prior to an event. Staff recommends that this
provision be waived and that a compromise date of December 1st be
approved.
There is also a request for police coverage during the event. As this
is a City sponsored event, staff feels that it is appropriate to
provide police overtime assistance at no charge.
Recommend waiver of LDR Section 4.6.7 (D) (3) (j) (ii) to permit flags,
welcome and directional signs to be erected on December 1, 1993 and
waiver of police overtime charges for the Sunshine and Continental Cup
Tennis Tournament.
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Agenda Item No.
AGENDA REQUEST
Date: 10/19/93
Request to be placed on:
X Regular Agenda Speclal Agenda Workshop Agenda
When: 10/26/93
Descriptlon of agenda item (who, what, where, how much):
Claudio Colucci. Promoter for the Sunshine Cup/Continental Cup Tournament is
requesting City Commission to allow Hpe~ial pven~ HienH Rnn nirpr~innRl !':ign!': ~n
~aced in the righ~!':-nf-wRY in PX~PHS nf tpp opP we~k allowed by TDF Section
4 n 7 cn) (3) 0) .
ORDINANCE/ RESOLUTION REQUIRED: Y2S/NO Draft Attached: YES/NO
Recommendation: _~t!..D~ AFfI. o~ ,,",0 ~I~~ \Z,J, ('1"3
Department Head Signature: ?&L~t'/9~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: YES/ NO
Funding alternatives: ( if applicable)
Account No. & Description:
Account Balance:
City !v1anager Review:
Approved for agenda: fY/ NO t?1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
[ITY DF DELAAY BEA[H
100 N.W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
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AI AIurIl:aClty
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1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager ~
SUBJECT: Agenda Item #K~ City Commission Meeting 10/26/1993
Special Event Siqns/Sunshine Cup/Continental Cup
Date: October 19, 1993
ACTION
City Commission is requested to allow special event signs and
directional signs to be placed in the rights-of-way for the
Sunshine Cup/Continental Cup Tournament in excess of the one
week allowed by LDR Section 4.6.7 (D)(3)(J).
BACKGROUND
We have received a request from Claudio Colucci to install
International flags, directional and event signage, and to
provide police assistance for the Sunshine Cup/Continental Cup
Tennis Tournament. Mr. Colucci has requested that the signage
be installed November 15, 1993. LDR Section 4.6.7 (D)(3)(J)
allows this signage to be installed only one week prior to the
event. Commission only needs to act on the installation date.
Other parts of this request will be handled administratively.
RECOMMENDATION
Staff recommends approval of the installation of the requested
signs no sooner than l2/1/93.
RAB:kwg
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
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INTERNATIONAL TENNIS PROMOTIONS, INC.
EDWARD HERR 10/14/93 To: R.A.B ~ CLAUDIO COLUCCI
701 St. Andrews Road For your coordination and 750 Egret Circle
Hollywood, FL 33021 response for Hr. Uardc:1. Delray Beach, FL 33444
Thanks. (sk for DTH).
(305) 962-0798 (407) 272-1688
V,S, & Canada (800) 336-6925
Fax: (407) 272.0139
Octcber 14, 1993 RECi::o
1'1r. David Hardin, City Manager ..../VEO
OCT
Ci t:y of Delray Beach 1 4 1993
loe N . ~~ . 1st AV<7.i1Ue
~.~ 2..:.-.::l~? 3~a(~~ I t'I. 33444 CITY MA
NAGER!; r~.
Re: Continental eu:? and Sur.shine Cnp O. i ICE
'b;::nnis TournC'.JT.ent.s 1 December 12-12, 1993
Dec.r lir. Hardin,
Once ag.:H.n, it 1.S time to set t,he1wheel1':i in Hloti~~n.
1;CC01:",jj 1.gly.. To!e t.'lOuld sincerely appLeciate your :=~ss.t ..:;t.~rLC2 in
the following manner:
( 1 ) Intarnational Flags: Request. the flags be Lr:!.., l a.Lled
along Linton Blvd. by 110 later t.han Honday, t'7cJv. 15.
The fl5.gs are presently wit.}, the ChaElber .::>f CO'TomerCf~ ;
the ~optact there is K=.+:hy Shabotyns!<::y - 2i8-G4:!.4.
(;;[ J ~'Je 1 ~()!:nP ;:;;1.d n::.recti(.n':=>.l Sign:::1: Prepare. put up an,:j
[€n.O'le itH~ 1 c<Jne and directicD3.l sig!1s at Lindr:.'lll ar:d
D:::-;:t.~rel.n-:is . Thi~ we would appreciate being
.:lccomplished by Nov. 15 also.
, 3) Police Coverage~ On Openi~lg Day (December In and
\ .
thr.:mghout the tourna,mant, add it iOila.l police ccverag2 cf
t.he o:}eneral a.rea,
I T"':~,U_ qladly answer any qcestions you may hav~. YOll fi;1iY
telephone me at any time. 'l'hank yon for your j?c.::::t. suppcn;,: .
~( Ot4 l'telped make the 1991 ai~d 1992 Tournaments s1:.ccess.ful. :J.
J.ook fon\7ard to seeing you on Opening uey.
TENIH S P~,O~10':i'IONS , INC.
COli.:..cci
SUNSHINE CUP MATCHES EDDIE HERR INTERNATIONAL JUNIOR TENNIS CHAMPIONSHIPS MCB CONTINENTAL PLAYERS CUP
Featuring the two-three junior Featuring the top junior boy and girl tennis players Featuring the two.three girls junior
tennis teams of 44 or more nations from 24 or more nations in singles. doubles and mixed doubles tennis teams of 32 or more nations
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 8# - MEETING OF OCTOBER 26. 1993
RESOLUTION NO. 99-93
DATE: October 22, 1993
This is a resolution assessing costs for abatement action
required to demolish an unsafe building on property located at
119 S.W. 9th 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 $3,167.62 remains unpaid.
Recommend approval of Resolution No. 99-93 assessing costs to
demolish an unsafe building on property located at 119 S.W. 9th
Avenue.
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RESOLUTION NO. 99-93
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
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 within thirty (30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would ,
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
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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 Delray Beach,
I pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcel(s) of land described in said report and in the amount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 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 Delray 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, I
plus reasonable attorney's fees and other costs of collecting said sums.
- 2 - Res. No. 99-93
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I Section 4. That this resolution shall become effective thirty
I' (30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
1 date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
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.
MAYOR
ATTEST:
City Clerk
- 3 - Res. No. 99-93
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NOTICE OF ASSESSMENT
Date
TO: David E. Days
ADDRESS: 1900 NW 187th Ter. Miami, Fl 33056
PROPERTY: 119 SW 9th Avenue, Delray Beach, Fl 33444
LEGAL DESCRIPTION: Lot 29, Lincoln Park according to Plat Book 23, Page 160
of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $3,167.62 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 2-23-93
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 th~ order of t~e 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 9-15-93
at a cost of $3,167.62 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 THE CITY COMMISSION.
City Clerk
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tM
SUBJECT: AGENDA ITEM it 'lD - MEETING OF OCTOBER 26. 1993
CHANGE ORDER NO. l/FOWLER ENERGY SYSTEMS. INC.
DATE: October 22, 1993 I
i
This item is before you to consider a change order in the amount of
$11,250 to the contract with Fowler Energy Systems, Inc. for
additional roof work as defined in bid Alternate No. 2 for the
Community Center/Pompey Park Reroofing Project.
At the July 27th regular meeting the City Manager reported that bids !
had been solicited for reroofing the lower flat roof for both Pompey
Park and the Community Center. The base bid for the roofing was
$61,010. Four (4 ) alternates were also bid, which included reroofing
of the Sarah Gleason bath house as alternate #1, reroofing Pompey Park
gymnasium as alternate #2, reroofing community center gymnasium as
alternate #3, and replacing the mansard roof at Pompey Park as
alternate #4. As there was not enough money available to do all of
the alternates at that time; staff recommended awarding the base bid
and alternate #1.
The Commission approved the base bid in the amount of $61,010.00,
together with alternate #1 in the amount of $9,675.00 (total award of I
$70,685.00), to Fowler Energy Systems, Inc. with a 4 to 0 vote. I
I
Subsequently, several leaks were discovered in the Pompey Park
gymnasium roof from which rain water is dripping on the floor and into
the athletic storage room. As Fowler Energy Systems is currently on
site and funding is now available in the fiscal 1994 budget, staff is
recommending that Alternate No. 2 be added to the contract.
Recommend approval of Change Order No. 1in the amount of $11,250 to
the contract with Fowler Energy Systems, Inc. ; with funding from
General Construction Fund - Repair and Replacement - Buildings
(Account No. 334-6112-519-62.10).
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Agenda Item No.:
AGENDA REOUEST
Date: October 11, 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 26. 1993
Description of item (who, what, where, how much) : Staff reauests the City
Commission aoorove Chanae Order #1 for Add Alternate #2 to Fowler Eneray
Systems. Inc. for reroofina of pomoev Park Gvmnasium. The roofina contractor is
currently on the site oerformina other roof tasks to this buildina. (See
attached memo from Richard Corwin dated 10/7/93) . Bid submitted by Fowler
Enerav Systems, Inc. dated July 21, 1993 indicates cost for this additional work
at S 11.250.00. Acceotance of this Chanae Order will increase the contract by
16% for a total cost of S 81.935.00. Fundina source has been aooroved from
Account #334-6112-519-62.10.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation:Staff recommends aooroval of Chanae Order #1
Department Head Signature: ~~_ -- ..::!1ICA~ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
on all items involving expenditure of funds):
Funding available:
Funding alternative (ifcmlica
Account No. & Desc~oaJion / N. ~~.
Account Balance s:.o t
City Manager Review: 41
Approved for agenda: (;JNO rrJ
Hold Until: ,. W~.'"
.(
Agenda Coordinator Reyiew: 0(/ ~~
.~~~
~~~ :;-c. U\A C~~S ~4.; . l.J~
'~~
Hsapproved cZvJ c.~.h:;', 'u..=."t-- .
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY .......on ~
TBRU: WILLIAM H. GREENWOOD, DIR. OF ENVIROHMENTAL SERVICES
TBRU: RALPH E. HAYDEN, CITY ENGINEER ~
THRU: HOWARD WIGHT, CONSTRUCTION MAHAGER
FROM: JOsE AGUILA ~
DATE: OCTOBER 18, 19 3
SUBJECT: MISCELLANEOUS REROOFING AND MECBAHICAL UNIT REPLACEMENT
POMPEY PARK, COMMUNITY CENTER AND BEACH PATROL FACILITY.
CBAHGE ORDER #1
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Attached is an agenda request for the regular City Commission Meeting of October
26, 1993 for additional roofing at the Pompey Park gymnasium. We request City
Commission approve this change order to allow for add alternate #2 as submitted
by Fowler Energy Systems, Inc. on July 21, 1993.
As indicated in the memo from Richard Corwin, dated October 7, 1993 (see
attached) , the Pompey Park roof is in critical need of immediate attention.
Based on conversations with Leonard Butler, Recreation Supervisor at Pompey Park,
There are several leaks which allow rain water to directly enter the gymnasium
floor and the athletic storage room, as well as other water damage concerns to
the roof structure itself.
Since the roofing contractor is currently on site, we would like to take
advantage of the fact that he can do this work while there.
The added cost for this work is $ 11,250.00 and we do not anticipate an increase
in contract time. The funding source for this project is: 334-6112-519-62.10.
Please place this request in the next agenda for Commission approval.
JA:kt
Attachments
cc: Joe Weldon, Director of Parks and Recreation
Leonard Butler, Recreation Supervisor IV
File: 93-45 (A)
JA9345.KT (wp)
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CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 93-45 DATE:
PROJECT TITLE: Miscellaneous reroofina and mechanical unit replacement - Pompey Park
Community Center and Beach Patrol Facilitv.
TO CONTRACTOR: Fowler Enaerav Systems, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Per the Bid submittal dated July 21; 1993, item A-5 Add Alternate #2, Pompey Park
Gymnasium Roof.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT S 70.685.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 70,685.00
COST OF CONSTRUCTION CHANGES THIS ORDER 11.250.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 81. 935.00
PER CENT INCREASE/DECREASE THIS CHANGE ORDER 16 %
TOTAL PER CENT INCREASE/DECREASE TO DATE 16 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 0 CALENDAR DAYS TO
Date
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 and in proper ratio to the cost of the original work
contracted for under benefit competitive bidding.
CONTRACTOR SIGNATURE (CONSULTING ARCHITECT OR ENGINEER)
(SEAL)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services 334-6112-519-62.10
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Commision
RECOMMEND: By:
PROJECT MANAGER MAYOR
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
JA93452.KT
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MEMORANDUM
TO : David T. Harden
City Manager
FROM: Richard Corwin
Deputy Director of Public Works
THRU: Ralph Hayden ~~
Acting Director of Environmental Services
SUBJECT: POMPEY PARK ROOF REPAIRS
DATE: October 7, 1993
Pompey Park roof has been identified as the most critical of
roofs requiring immediate attention. I recommend we approve
alternate #2 of bid #93-41 for $11,250 and re-roof the gymnasium
roof.
Because the crew is now working on both Pompey Park and the
Community Center, I recommend we proceed quickly to avoid any
further delays. Funding is from our Repair and Replacement
account #334-6112-519-62.10.
With your approval, we will issue a purchase requisition for this
work. If you have any questions, please call me at extension
7294.
~
Richard Corwin
RC/lm
REF: RCDHPPRR.DOC
cc: Joe Safford, Director of Finance
Joe Weldon, Director of Parks and Recreation
File: Memos to City Manager
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4 . Bidders are expected to provide bids for Part ARe-roofing;
Part B Mechanical Equipment Replacement and Modification: or
both. The City reserves the right to enter into separate
contracts for Part A and Part B. Bidders will complete the
work for the following prices: \
PART A SCHEDULE OF CONTRACT PRICES - RE-ROOFING
Bid
Item
No. Description Total
Al. Pompey Base Bid $ .3Gf,87.5,oo
Park Roof (Lump Sum)
A2. Community Base Bid $ ~ / J / ;2.5: 00
Center Roof (Lump Sum) ~ r
A3. Indemnification Base Bid $10.00
(Lump Sum)
Bid Alternates:
Provide prices for the following alternates as well as
the base bid:
A4. Alternate #1 Add dollars ($ 96'75r
Beach Patrol Facility
A5. Alternate #2 Add dollars (Sll; ;2~) ~
Pompey Park Gymnasium Roof
AG. Alternate #3 -Add dollars (sJ5~5lJJ~
Community Center Gymnasium Roof ,
A7. Alternate #5 Add dollars ($ ~~5 ~
Pompey Park - remove mansard roof at gymnasium and
re-roof with 20 year warranty, Class A, fiberglass
asphalt roof shingles by GAF or equal.
NOTE: The above costs for alternates shall be inclusive of all
aspects of work required to implement them. The City of Delray
Beach reserves the right to accept any or none of these bid
alternates.
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ENt! S' Ie; (-'I n ',~' 'J
ADDENDUM NO. 1 'l ". t' ,.., f ,~J j i! i'i.
01 It II ~ (U'd;SN
MISCELLANEOUS RE-ROOFING AND MECHANICAL UrnT 'R P .... Eki'
CITY OF DELRAY BEACH PROJECT NO. ~~46Li\lEO
CONSULTANT'S PROJECT NO. 93-901
JULY '16, 1993
Addendum No. 1 to the drawings, specifications and contract
documents for the Miscellaneous re-roofing and Mechanical unit
Replacement, dated July 16, 1993, is hereby declared a part of
the original drawings, specifications and contract documents,
and in case of conflict, the following Addendum shall govern.
.
Descriotion:
I Item No.1
I The proposal pages P-3 and P-3.1 have been modified and page
P3.2 has been added to allow separate bids to be submitted for
re-roofing and mechanical equipment replacement. The revised
l pages are attached as a part of this addendum.
Item No. 2..
k - The Agreement pages A-3 and A-3.1 ,have been modified and page
I A-3.2 has been added to allow separate contracts to be awarded
for re-roofing and mechanical equipment replacement. ..The
~. revised pages pre attached as a part of this addendum.
Item No. 3
~ An asbestos survey has been performed at the sites which
indicates there is no' apparent need for removal of existing
material. Any removal of asbestos materials would be
k' performed by properly qualified removal and disposal entity.
A copy of the survey is attached as a part of this addendum.
~ Item No. 4
A pre-bid conference was held on July 9, 1993 at city Hall.
f A list of these people attending this pre-bid conference is
attached as a part of this addendum.
Item No. - 5
l The following list of, items will serve to clarify the scope
and intent of the construction documents.
I 5.1, Provide , aJ)Y necessary duct modifications along with
raising of the two smaller mechanical units located at the
front of the Community Center as a part of the base bid.
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I 5.2 The new roof system must meet uplift requirement I-90 as
specified in the contract documents.
I 5.3 The notes on drawings A-1 and A-2 relative to weights
shall be revised as follows: liThe weight of the new roof
system shall be documented by the contractor prior to
I installation, and where feasible, this weight shall not exceed.
the weight of the material removed."
I- 5.4 The gymnasium roof at the Civic Center (see Bid Item No.
A-6 Bid Alternate #3) shall be a urethane roof with an
elastomeric coating in lieu of gravel. Removal of the
existing roofing material is at the discretion of the
I contractor.
5-.,5, The gymnasium roofq at ,Pompey Park (see Bid Item No. A-5
I Bid Alternate #2) shall include removal of the existing solar
heater mounting brackets. as a part of the re-roofing.
I Bidders shall acknowledge receipt of this Addendum by:
I A. On page P-2 wri,te II ,Nc:> , 1 July 16, 1993
._, B. On page A-7, write "8.20 Addendum No.1, inclusive."
1- - C. Write the words "Addendum No. 1 on the envelope in
which the proposal is submitted.
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4. Bidder will complete the Work for the following prices:
SCHEDULE OF CONTRACT PRICES
Bid
Item
li2.L Descriotion Total
1- Pompey Park Base Bid $ ..ar, &7 .s: 00
(Lump Sum)
2. Community Center Base Bid $ ::2/ ~ /..2. 5: 00
Roof (Lump Sum) ,
3. Pompey Park Base Bid $
Mech Units (Lump Sum)
4 . Indemnification Base Bid $10.00
(Lump Sum)
Bid Alternates:
,
Provide prices for the following alternates as well as
the base bid:
Alternate #1 Add dollars ($ ~6,75'6f
Beach Patrol Facility Re-roofing
Alternate #2 Add dollars ($// ~~O'"
Pompey Park Gymnasium Roof Re-roofing I ,
, Alternate #3 Add dollars ($/~ 2.S?J )~
Community Center Gymnasium Roof Re-roofing
Alternate #4 Add dollars ($ 111//1 )
. Pompey Park - clean and insulate existing duct w'rk and
diffusers
Alternate #5 Add dollars ($ 6 ~5f
Pompey Park - remove mansard roof at gymnasium' and re-
roof with 20 year warranty, Class A, fiberglass asphalt
roof shingles by GAF or equal
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DIVISION NO. 7 - THERMAL & MOISTURE PROTECTION
A. ROOFING AND FLASHING
1.01 DESCRIPTION OF WORK:
A. This section describes the roofing requirements, the
flashing requirements and the preparation of
Substrate requirements integrally related to the
roofing installation.
B. The extent of the roofing system is indicated on the
drawings and by the provisions of this section.
Complete all work necessary to comply with this
requirement.
1.02 SUBMITTALS:
A. Submit (2) samples of the most recent published
specifications, installation instructions and
general recommendations from manufacturers of
roofing system materials, for types of roofing
required. Provide a copy of certification to
architect prior to beginning roofing work.
B. Submit complete shop drawings showing roof
configuration, all wall details, penetrations, test
data, and other pertinent information.
C. Submit letter from manufacturer(s) stating any
accessories submitted not manufactured or expressly
approved in manufacturer's literature are approved
and compatible with the roofing system.
1.03 WARRANTY:
A. Furnish the owner with (2) executed copies of the
'" ten-year written manufacturer's warranty for the
entire roof system agreeing to replace or repair
defective, materials and workmanship, at no dollar
limit subject to the terms and conditions of the
sample warranty submitted for approval.
B. The Owner retains the right to make t~moorarv
repairs to the roof should damage occur due to acts
of God or vandalism, without affect to the warranty.
1.04 INSPECTIONS AND JOB CONTROL:
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A. A qualified technical representative of the
manufacturer shall be available to make
recommendations, where unforeseen conditions become
apparent.
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pue Ta^e~o 6uT~5Txa a4~ a^OlUa~ o~ pa~oadxa 51 ~04oe~~uoo a~ili 'pa^olUa~ aq o~ a~e
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t71
SUBJECT: AGENDA ITEM i ~ 'P - MEETING OF OCTOBER 26. 1993
AWARD OF BIDS AND CONTRACTS
DATE: October 22, 1993 1
This item is before you to approve the award of the following bids and 1
contracts with funding as indicated:
~
1. Carbon Dioxide - Water Treatment Plant - Liquid Carbonic (via I
City of West Palm Beach Bid) in the estimated annual amount of
$45,500j with funding from Water Treatment Plant - Chemicals
(Account No. 441-5122-536-52.27).
2. Materials for Playground (lumber) - Veterans Park - Denney
Lumber Company, Inc. in the amount of $30,435; with funding from
Special Project Fund - Kiwanis Veterans Park Playground (Account
No. 115-4101-572-63.63) and Special Project Fund Reserve for
Special Event (Account No. 115-0000-248-84.00) .
Recommend approval of the award of the above bids and contracts with
funding as indicated.
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Agenda Item No,:
AGENDA REQUEST
Date: 10/18/93
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 10/26/93
Descriptlon of agenda item (who, what, where, how muc h) :
C02 - Carbon Dioxide ~nnllal contract to Liquid Carbonic at estim~ted annual
eOR~ of $&~.~nn vi~ Ci~y of WPR~ P~lm Rp~~h Rid .R?/R1-q&_
ORDINANCE/ RESOLUTION REQUIRED: Y2S/NO Draft Attached: YES/NO
Recommendation: Award to Liquid Carbonic at an estim~ted annual cost of
$&').')nn.
Department Head Signature: R~,.c1 ..4..-<-<,~.. ~ /~e/9.:3
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Determination of Consistency with Comprehensive Plan: ,-\JIlt
City Attorney Review/ Recommendation (if applicable) : ViA
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: ~ NO
Funding alternative ~ (Wrrpzi~ablC
Account No. & Description: - S\ j;t~. SJ,-1--' \ ,- ~M I /(i-5
Account Balance: \?f;;l).cA:,.I~
City Manager Review:
Approved for agenda: 6; NO BfM
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant Ci ty Manager ~
THROUGH: Ted Glas, Purchasing Officer ~~
FROM: Jacklyn Rooney, Buyer 'fl
DATE: October 18, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
OCTOBER 26, 1993
C02 - CARBON DIOXIDE - TERM CONTRACT
Item Before Commission:
The City Commission 1S requested to renew the contract with Liquid
Carbonic, at an estimated annual cost of $45,500.
Background:
The Water Treatment Plant has a need of an annual contract for carbon
dioxide as the recarbonation chemical needed to adjust the pH and
stabilize the water before leaving the Water Treatment Plant.
Carbon Dioxide is available via City of West Palm Beach Bid #82/83-94,
per attached documentation. The Delray Beach Commission awarded a
contract to Liquid Carbonic on November 17, 1992 at $116.00 per ton
via the West Palm Beach Bid. The City of West Palm Beach renewed this
contract for another yea r , and our Public Utilities Division
recommends we do the same.
Recommendation:
Staff recommends one (1) year renewal of contract to Liquid Carbonic,
at an estimated annual cost of $45,500, via City of West Palm Beach
Bid #82/83-94. Funding as outline above.
Attachments:
Renewal letters from Liquid Carbonic
Requisition Requesting Renewal
Commission Approval Memo - 1992
cc: Don Haley
Richard Hasko
William Greenwood
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WOtId'$ l.at!Jesl5<JppiJef cI CO:r
LIQUID CARBONIC
CARBON DlOXJDE CORPORATION
1691 PHOENIX BLVD.. SUITE m. ATlANTA. GEORGIA 30349
July 28, 1993
Ms. Janice Slayter
Purchasing Agent
Purchasing Department
CITY Of DELRA Y BEACH
100 N.W. 1st. Avenue
Delray Beach, FL 33444
Dear Ms. Slayter:
This letter acknowledges that Uquid Carbonic agrees to extend your current
carbon dioxide pricing of $116.00 per ton for an additional twelve (12) month
agreement.
Uquid CO2 pricing - $116,OO/ton. Pricing firm from October 1 st, 1993 to
September 30th, 1994.
Orders for carbon dioxide can be placed by calling our Lakeland Distribution
Manager, Marcia Spare, at (813) 688-8668.
We greatly appreciate your business, and look forward to your contract extension.
Sincerely,
LIQUID CARBONIC CARBON DIOXIDE
AiJ~ c, ~iJL
David C. Braithwaite l#J
Regional Sales Manager
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Agenda I tern No. :
AGENDA REQUEST
Date: October 22, 1993
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: October 26, 1993
Description of agenda item (who, what, where, how much):
Purchase Award - Lumber for Playground Equipment at Veteran's Park
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Denney Lumber Company, Inc. at a total delivered
cost of $30,435.61
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Department Head Signature: A!1,...... ,.,,/3t4 -,~ ,.,...hzJ,.~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds): ~
Funding available: ~ NO
Funding alt~rnatives: (if applicable)
Account No. & Description: . J
Account Balance:
, ,/I~-l//O/-57Z-'-~.1.3 (k'&~..:a4 ()<<t~) ,j2;f,<<Ib8'.~JlItfltl~i'
C~ ty Manager Rev~ew: lIS - DI>DD- 21/8- 41l/,Do (SIUe.~ ~) 4' 2,027..., B'..tacl,20cl.51
Approved for agenda: ~/ NO t7'vl' J 3O,cf~S.C'oI
Hold Until:
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Agenda Coordinator Review:
Received:
Action: Approved/Disapp~oved
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MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert Barcinski, Assistant City Manager ~
FROM: Ted Glas, Purchasing Officer 1ff
DATE: October 22, 1993
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
OCTOBER 26, 1993 - PURCHASE AWARD
LUMBER FOR PLAYGROUND EQUIPMENT - VETERANS PARK
Item Before City Commission:
The City Commission is requested to approve the purchase of lumber
from Denney Lumber Company, Inc. , at a total delivered cost of
$30,435.61.
Background:
Special treated lumber is needed for the construction of playground
equipment at Veterans Park.
Written competitive quotations were obtained from three (3) vendors
for this lumber as follows:
Denney Lumber Company---------------$30,435.61
Dock & Deck Lumber Company---------- 31,638.33
American Lumber Company------------- 35,870.15
The Director of Parks & Recreation has reviewed the quotations and
recommends award to Denney Lumber Company.
Recommendation:
The Purchasing Officer concurs with the recommendation to award to
Denney Lumber Company, Inc. at a total delivered cost of $30,435.61
Attachments:
Written Quotations
Memo from Parks & Recreation
c: Joe Weldon
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[ITY DF DELIAY HEAEM
100 NW, 1 st A VENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Wood for Veterans Park Playground
DATE: October 22, 1993
Attached please find three quotes for the wood for the playground at
Veterans Park with the low quote being $30,435.61. In my memorandum to
you dated September 17, 1993, you previously approved sole sourcing
sealer, nails, screws, etc. , and at that time I mentioned we
anticipated that there would be several vendors able to give us quotes
on the wood, although we were not sure what the price range would be.
Would it be possible to place on Tuesday night's agenda for City
Commission consideration the awarding of the wood for the playground in
the amount of $30,435.61 to Denny's Lumber Company?
cJ~ /
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Oi Parks and Recreation
Attachments
JW:cp
Ref:dhwodpla
THE EFFORT ALWAYS MATTERS
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I DENNEY LUMBER CO FAX 3148490160 PAGE
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LOCATION Del Ray Beach/Florida BUILD DATE 11/1 c.
4 _euue!' 'lumbtr (:ompanp, JUt.
P. O. BOX 29392
ST. LOUIS, MISSOURI 63126
Phone: 314-849-6941
National Watts; 800-325-9190
FAX: 314-849-0160
FAX TO PAM POST
AT 407-243-3774
FAX MESSAGE TO NANC. STEIN FROM DON NEAL 9/28/93
CONFIRMING PHONE 9/27 FOLLOWING PRICES REVISED TO INCLUDE POLES;
Re; Materials for your Robert Leathers Playground.
We are pleased to offer prices F.O.B.Delivered your location and
for shipment as required 'as -f'ollO"liS ~ -t:'''=!. .......,. . .....tt~,
All materials to meet or exceed Robert Leatherst specifications.
DENSE SBLBCT STRUCTURAL YELLOW PINE SURFACED FOUR SIDES KILN DRIED
.40 CCA TREATED AND KILN DRtED AFTER TREATMENT -
2X8 - 25/14
2X6 - 40/16
2X& - 1,352/14
2X4 - 40/16
2X4 - 935/14
2X1O .. 25/14
2X2 - 0/3
2X2 - 0/4
5/4X6 - 59/12 (Substituted tor 5/4X2-3/4-3'&/or 4')
#1 DENSB YELLOW PINE SORFACED FOU8 SInBS KILN DRIED .40 CCA
TREATED NDAT
~
4X4 - 0/14
4X4 - 50/16
"{..6X6 - 0/8
6Xl0 - 4/12
6X1O - 1/20
axe - 31/8 (248 L.P.)
c~ GRADE YELLOW PINE PLYWOOD KILN DRIED .40 CCA TREATED AND,
II ~ N DR!BD AFTIR T~EATMENT , ~~
4x8 - 1/2" OPes.
4X8 - 3/4" 1 Pes.
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DENNEY LUMBER CO FAX 3148490160 PAGE 01
11"::-,11./ ".'11,: ::~..'~'''' .'~,'?":":'~"''''''.-'''-''~. ~. .:~".......~,..,...J 1....;.,._-....._ .,.,...~
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DEL RAY BEACH,FLORIDA
ACKNOWLEDGEMENT CUST.
~s!; Benne!, 1lumbtt C!:ompan!, t 3Inc. ORDER NO.
~o
0\ ,?}o.~ !V.o~ P. O. BOX 29392 INVOICE TO
. y~1,. ~ S~'E~/'2.~/~3 _..... ST. LOUIS, MISSOURI 63126
~}t.~~ llt.-p..'to ___..--"'" Phone: 314-849-6941
~-- National Watts: 800-325-9190
FAX: 314.849-0160
. ORDER NO. 3966
SHIP .
TO . DATE 9/29/93
THIS IS AN eXACT copy OF YOUR ORDIiFl AS SENT TO MILL.
IF NOT CORRECT. PL.EASE ADVISE IMMEDIATEL Y.
..~
WHl;N 61'1'P AOUTE DOeUt.AIO~j-rg
October 20TH. Via Truek
-.. ..,--- ,...- ......
"ll':ceS fliliT DI:$CFUPTION "RICE PRICE
. ..... n
YELLOW PINE S4S K.D. .40 CCA TREATED
2X4 - 935/14 DSS KDAT
2X4 - 40/16 It It
2X6 - 1,352/14 If "
2X6 - 40.116 .. "
2X8 - 25/14 " ..
2Xl0 - 25/14 It ..
5/4X6 - 59/12 PRIM. R.E.D."
4X4 - 50/16 #1 NDAT
6X1O .. 4/12 If tt
6X1O - 1/20 .. ..
axa - 31/8 to to
4Xa - 3/4" CCX PLYWOOD KDAT t Ea.
6"X25' PRIM. ROUND POl,ES NDAT 95 Ea.
6"X30. It If " " 3 Ea.
fotal price F.O.B.Del.Del Ray Beach,Fl. ~30,960.34
~ess 2% CO AOr if pd.within 10 days AA 524.73
~otal price del.if discount earned ~30,435.61
10% down payment due now $3,043.00
::onfirme phone order Nancy Stein to
Don Neal & Lea Denner 9/29/93.
Azoc;lIlion ,ul.... & p"IClica~ 10 Ijovatn.
Load lor 'ork lilt:unloadlrlQ
No $eILl.(l~V doell~.rv
Tatp Lood for oomplnlc p,ot""tion.
MANY THANKS.
AL.L """Icn AI'lE FOB DESTINATION SHOWN. UNLESS OTMEI'lWISE NOTED.
ANY INCREASE IN FREICHT nATE IS FOR VOUR AOOOUNT.
OLAIMS, IF ANV, MUST BE MADE WITHIN 5 DAVS AFTEA Ann'VAL. ^/~. ~
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YELLOW PtNEPREMIUM ROUNp POLES .40 CCA TREATED NDAT
---
7"X25' &/OR 30' ( 2 , 2 1 2L . po . )
~
Total price F.O.B.Delivered Job Site $32,176.62
Lees 2% CD ADf' if paid withi,p 10 days A.A. $ 549.05
Net if paid within 10 days after arrival $31,6"27.57
10~ nown payment due when order placed $ 3,162.00
, .' ..' .---...-.-., .-----.,,-...--.. .----.--.'" .
., We offer the ~ollowin9 ALTERNATE ~ for your consideration;
, J
Substituting 6"X25' ~r 30' POLES for 7"X25' &./or 30'POLES:
-_.-- .-,----
Total price F.O.B. delivered Job Site
'L~ss 2% CD ADF if paid within 10 days atter arrival
N~t if paid within 10 days after arrival
10% down payment due when order placed
All 2X2,2X4,2X6,2Xa and 2XIO is DENSE SELECT STRUCTURAL GRADE
providing you with far greater strength and a much better
appearance than a #1 grade. All 4X4,4X6,6X6,6XIO and axa is
~. selected from a DENSE #l&BETTER GRADE. Poles selected to be
,': SMOOTH and STRAIGHT.
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All of our SOUTHERN YELLOW PINE is KlLN DRI~O prior to treatment.
~, All 2" and PLYWOOD is RILN DRIED after treatment.
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All material banded in small units for ease in handling.
\ TERMS: 10% down paymen~ at time of order placement. A 2%
Cash Oiecount,after deduction of freight,may be deducted
from the total amount if paid vithin 10 days after arrival.
Total amount due and payable 11 days a~ter arrival.
P~ices are 8ubjact to change until order is placed &/or
a "Letter of Intent to Purchase" is received.
. We believe this material to be the very finest available for
GRADE,KANUFACTURE AND APPEARANCE.
OUR SERVICE IS ASSUR!P.
for submitting your specifications to us and will
to serving you in the near future.
ease ph9ne us ShOUld you desire reterences,have changes
questions.
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DoelL oj- - De...c t. loA""bu Co""-r"~i Delray Beach, FL 1/31
I too W r...du.Sfrie-{ Ave..... ec.\!F;eb 1/" cr'
... ..... ~
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5 0 '1 VI -10... fJ~L..J Pi- 3J'-iStc{> FINAL MATERIALS LIST cflt.IB
Conta c +- " Rick.. / (Li07) 73(..-'1.5"00 DA
Use only this list for getting your materials together for construction. Remember that specifications, as
well as quantities, may change from your Potential Donated Materials List. No substitutions may be made
without consulting the architect. All materials shall be on site and stored in the van by Tuesday evening
before construction. If any problems or questions arise, please contact our office. Note the special order
items, for they should be ordered early.
Please read these specifications carefully. No substitutions of materials will be accepted unless approved
by our office.
1 . LUMBER
Dense Select Structural grade southern yellow pine (see Lumber Specifications Sheet), pressure-
treated with CCA-B or CCA-C to a retention level of .40Ibs/cu.ft. Must meet AWPB standard LP-
22,be free of visible surface deposits, and redried (kiln dried) to a maximum moisture content of
19%. The treatment chemicals shall be oxide (not salt) based; the treater must be licensed by either
Wolman or Osmose K-33 only. Lumber that meets our specifications will be tagged accordingly.
I I I UNIT I I
\ ITEM I QUANTITY I PRICE I COST I
I I I I I
I I I I I
12 x 8 x 14 125 EA I I 3. '7.J..- 1 3 Lf 3 . - I
I I I , 3 o'-{- I SJ..,/ ~oI.
12x6x16 140 EA I . I . I
I 1'~'2.. I : I '12.5""8'. 4~
12x6x14 11 EA 1 I 0 , 9 cr
I (' I ' I . ~ol
12 x 4 x 16 140 EA I ~.fo9 ,347- I
I I I '7.;)..D : h 7 3:l~o:
12x4x14 1935 EA 1
I I I I 001
12x10x14 125 EA I 1'1. 8 Lf I L.j <j b, ,
I I I - I I
14x4x14 ro EA I I .- I
I I I'Ti! I
14 x 4 x 16 !if 50 EA lis-. (p g I 'i. DOl
I 'I I I I
12 x 2 x 3 10 EA I -- I - I
I I I - I I
12 x 2 x 4 10 EA I I ...- I
I I I I I
16 x 6 x 8 10 EA I - I - I
I I I ;L J.~ : I
15/4 x 2-3/4 x 3 11100 EA I - I
I I I \/05'0.09
15/4 x 2-3/4 x 4 1'350 reA I 3.00
(f) LEATHERS & ASSOCIATES, INC. APRIL 1993
,. 'Ill.
..
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Delray Beach, FL 2/31
FINAL MATERIALS LIST E8J(~ 91:f~
I I / UNIT I /
I ITEM I QUANTITY I PRICE I COST I
I I I I I
2. PL YWOOD
CCA-Cpressure-treated. as above. Sometimes called "sturdi-floor" or underlayment. If a donation
of less than full sheets is offered check with architect. 3/4" plywood is for "monsters" and/or mirrors
so one side has to be smooth and blemish free. If monsters are being planned, obtain this wood
at least 6 weeks before construction ~ ,uW it to dry properly.
11/4" x 4' x 8' CCX (slides) 10 EA I I I
I I I I I
11/2" x 4' x 8' CCX (slides) 10 EA I I I
I I I I I
13/4" x 4' x 8' CCX (for monsters and mirrors) 11 EA I I 3 '7 '7 ({; I
I I ,37.7fp I . I
3. 6" x 10" x 20' WOODEN BEAM (for swingsets) (-SPECIAL ORDER)
Must be pressure treated southern yellow pine. Check WI> lhe mill who is supplying the other
lumber items for your playground for the availability of these beams.
/6" x 10" x 20'- 0" Beam 11 EA / I I
I I I/D:J.."SO I/OJ...so,
/6" x 10" x 12'-0" 14 EA I S'i '10 '.1./'1 CO 01
I I I . I . 1
4. UTILITY POLES
CCA-treated to a minimum of 040 Ibs.lcu. ft. retention. Diameter: We prefer 7" to 10" diameter
poles. but will use 6" to 12" diameters. Minimum diameter of any pole in any location must be 6".
Poles are classified by diameter: class 3. 4, or 5 are acceptable. We recommend purchasing 25'
to 30' poles (35' maximum) which will be cut to length on the weekend in order to minimize waste.
The quality of available poles varies tremendously. Be sure to get poles that are smooth planed and
straiaht. Sources: utilities companies, commercial suppliers. See pole specifications and suppliers
page.
I Utility Poles /2212 LF I ~.;;L7 Iso;u ~'tl
I I I I . I
5.PRESSURE TREATED TIMBERS 8' x 8" or 6" x 6" (8" x 8" preferred)
Get CCA-C pressure treated o4C .ntion, approximately 5" or 7" square by 8' or 9' long.
Ties should be in good condition ith no major splits (b) f: straight with no bends of more than
4".
lPressure Treated Timbers I
'7O--tiA-I' *3/) Co J ~. 3-3
@ LEATHERS & ASSOCIATES. INC. APRIL 1993
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ec;.\1FE> ol/",Cr'
JW ~ s+~~~. iL A JJ'fG3FINAL MATERIALS LIST .... . ......,
~ -rr' "
cf/rg(~3 DA
s.. L- f\-'?E v..J J TeL '. qh4 - J 350 Use only this list for getting your materials together for construction. Remember that specifications, as
well as quantities, may change from your Potential Donated Materials List. No substitutions may be made
without consulting the architect. All materials shall be on site and stored in the van by Tuesday evening
before construction. If any problems or questions arise, please contact our office. Note the special order
items, for they should be ordered early.
Please read these specifications carefully. No substitutions of materials will be accepted unless approved
by our office.
1 . LUMBER
Dense Select Structural grade southern yellow pine (see Lumber Specifications Sheet), pressure-
treated with CCA-B or CCA-C to a retention level of .40Ibs/cu.ft. Must meet AWPB standard LP-
22,be free of visible surface deposits, and redried (kiln dried) to a maximum moisture content of
19%. The treatment chemicals shall be oxide (not salt) based; the treater must be licensed by either
Wolman or Osmose K-33 only. Lumber that meets our specifications will be tagged accordingly.
I I I UNIT I I
I ITEM I QUANTITY I PRICE I COST I
I I I I I
I I I ,~ I I
12 x 8 x 14 125 EA I IL/ ,39/J5,
I I I yeS' I )W-!'
12 x 6 x 16 140 EA I I - 10 I
I 11~2. I 30 i 1&/dP1 :
12 x 6 x 14 11 0 EA I I~-
I I"' I 1~ i 51)8 I
12 x 4 x 16 140 EA I I
I I I 1'5 i7/;)Of
12x4x14 1935 EA , ~-
I I I JJ S-'i' I 5&3 ~
12x10x14 125 EA I -- I
I I I I I
14 x 4 x 14 ro EA I I I
I I l~ SE- I 7dS' :
14x4x16 IJf 50 EA I I
I "1 I I I
12 x 2 x 3 10 EA I I ,
I I I I I
12 x 2 x 4 10 EA 1 I I
I I I I I
16 x 6 x 8 10 EA I I I
I I I I I
15/4 x 2-3/4 x 3 113/0 0 EA I I I
I I' I I d-.2- I tf 37 fV I
15/4 x 2-3/4 x 4 I '35D EA, I -I
le LEATHERS & ASSOCIATES, INC. APRIL 1993
..
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Delray Beach, FL 2/31
FINAL MATERIALS LIST E8Jt"SED 9/:ff/B
I I I UNIT I I
I ITEM I QUANTITY I PRICE I COST 1
I I I I I
2. PL YWOOD
CCA-C pressure-treated, as above. Sometimes called "sturdi-floor" or underlayment. If a donation
of less than full sheets is offered check with architect. 3/4" plywood is for "monsters" and/or mirrors
so one side has to be smooth and blemish free. If monsters are being planned, obtain this wood
at least 6 weeks before construction ~ ,uW it to dry properly.
11/4" x 4' x 8' CCX (slides) 10 EA 1 I I
I I I I I
11/2" x 4' x 8' CCX (slides) 10 EA 1 1 1
I I I I I
13/4" x 4' x 8' CCX (for monsters and mirrors) 11 EA I Jl4P I Jl~ I
I I I I I
3. 6" x 10" x 20' WOODEN BEAM (for swingsets) ("SPECIAL ORDER)
Must be pressure treated southern yellow pine. Check WI, lhe mill who is supplying the other
lumber items for your playground for the availability of these beams.
16" x 10" x 20'- 0" Beam 11 EA I II )~ I 111- I
I I I I I
16" x 10" x 12'-0" 14 EA I ~O- I J~o- I
I I I I I
4. UTILITY POLES
CCA-treated to a minimum of .40 Ibs./cu. ft. retention. Diameter: We prefer 7" to 10" diameter
poles, but will use 6" to 12" diameters. Minimum diameter of any pole in any location must be 6",
Poles are classified by diameter: class 3, 4, or 5 are acceptable. We recommend purchasing 25'
to 30' poles (35' maximum) which will be cut to length on the weekend in order to minimize waste.
The quality of available poles varies tremendously. Be sure to get poles that are smooth planed and
straight. Sources: utilities companies. commercial suppliers. See pole specifications and suppliers
page.
IUtility Poles 12212 LF I ~~ I ~, OS-fr
I I I
5.PRESSURE TREATED TIMBERS 8' x 8" or 6" x 6" (8" x 8" preferred)
Get CCA-C pressure treated .4[ .ntion, approximately 5" or 7" square by 8' or 9' long.
Ties should be in good condition ith no major splits (b) f: straight with no bends of more than
4".
I Pressure Treated Timbers I .$45 LF 135 q- IJ 151-1
I
/o{J: ~ JS} ~70. IS
e LEATHERS & ASSOCIATES, INC. APRIL 1993
::-",' ._~:,:~~:- ~:"_" '""',": ~" .._._...;.-"-:~"':_'~~'" -~~.....-~ .~ ~;~ti:>..:"~~.:.::<~::_':~'
:, :r:;:tijj 1 -~~';~-_'i1j~~ _'e~,~_~_. _~_. _. . _ .'. u " ~."':;-:~_ ~~-_:~:"~:;",,;;-::__...........~_:c-____'-- ,"
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ROBERT LEATHERS & ASSO TEL No.6072771650 Sep 14,'9314::,01',10,00:, F',C\l
>. '
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.' ,-' To
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YII_
~~ 14 September 1993
V~
Oz Pamela Post
11\::> City of Delray Beach
'^~ Parks and Recreation Department
50 N.W. First Avenue
.~ Defray Beaoh, FL 33444
~O Dear Pam.
~V There are three items on your creative playground which must be ordered from a single source,
~O This occasionally creates problems tor communities which must purchase Items through a formal
bidding process. The Intent of this letter Is to explain the reasons why sole sourcing Is necessary
J.I.I. for certain materials,
:U- Sealer. We sent 26 products to a toxIcologist and asked him to evaluate them for safety and
~~ . effectiveness on wooden playground structures. After he completed his review we field tested the
products for durability and ease of application. One final criteria was that 1118 product must meGt
CARS air pollution laws 50 that it would be legal to use in all 50 states. At the end of tllis process,
l.I.I~ the only sealer that met all requirements is the one that we specify. The name of tl1e company
...iIQ Is Pacific States Marketing (PSM), P,O. Box 7249, Berkeley, CA 94707 r telephone 800-541.0128.
Nails and Screws. The quality of nails and screws varies dramatically from one manufacturer to
anothor. We had many disastrous builds with weak nails thal bent, galvanizing that peeled off as
the fastener was driven, screw heads that torqued-out of popped oft, and over-sized nails that left
thousands of nail tips protruding all over the structures. To remedy this situation we attempted
. to create a fastener specification that would guarantee that we get only high quality products,
Again, due to a lack of industry standards, thIs effort failed. The only recourse left was to specify
a single manufacturer who we knew would consistently supply only high quality (astGnors. The
name of the manufacturer is Darquest, 525 Ann Street N,W,. Suite #7, Grand Rapids, MI 49504,
telephone 616.361.3600.
Recreation ComQonents - The quality of swing hardware such as hangers, "S" hooks and swing
swivels varies In the industry. So. we felt the need to select Items from only the best companies.
Further, since we must specify materials and create details to connect thelr components to our
structures, we had to standardize these items. There are several companies that supply good
swing hangers. But. each of these will be designed to be hung from different Sized beams with
different sized bolts, The only way to be sure that everything would fit together during the
construction ovent was to select one, and only one, company. The name of tl1e compa.ny Is
Miracle Recreation Equipment, P.O. Box 176. Buffalo, NY 14217, telephone 716-876-0752.
We realize, the potential problems with specifying a sole manufacturer for these items. 'We do
keep an eye on the prices they charge, and have negotiated prices when necessary. We also are
very sensitive to the quality of service they provide and encourage all clients to contact us if they
ever have problems with one of those suppliers. Finally. we want all our clients to be assured that
Leathers & Associates, Inc. · 99 East/ake Road, Ithaca. NY 14850 · Phone: 607 777-1650 · Fnll' f,nl 777-1 d.'?'?
..
~OB~RT LEATHERS & ASSO TEL No.6072771650 Sep 14,93 14:50 No.OOS P,02
-..
"..--., "-.....
Barry N. Segal
to
Pamela Post
, 4 September 1993
our firm receives nothing from these manufacturers. Our only gain in sole sourcing these items
Is a safer, longer lasting playground.
In addition to the sole source items, there are two components that must be purchased directly
from our office. The circular slide and trolley ride are packaged specifically for our needs and
ordered In bulk by our firm. These special packages are available to us only due to the trust the
manufacturers have in us to professionally and safely attach these components to our structures.
They cannot be sold to the general public. We order the circular slide through Miracle Recreation
Equipment, and the trolley ride through Children's Playgrounds, Inc.
Please read the specifications on the Final Materials List for the lumber carefully. Even though
the lumber is not sole sourced, the specificatlons are very tight and only a few people In the
country can provide the approprIate lumber.
I hope this has answered your questions. If you need anything further, please contact me at any
time.
Sincerely,
,
"/ . .-....
, I I , ,. ,~'l, I
I
Barry N. Segal
Vice President
f . _' l . '" . . , . ,..,.,,, .f' ... f I,' ,,,, . ."',.,.. ft' ,,...... "'...- ....... - ..... .. -- . .,.,.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~
SUBJECT: AGENDA ITEM # crJ\ - MEETING OF OCTOBER 26. 1993
REPORT OF APPEALABLE LAND USE ITEMS
DATE: October 22, 1993
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period October
11, 1993 through October 22, 1993. The following actions were
considered during this reporting period:
Planning and Zoning Board:
-Approved an internal adjustment to the Sable Lakes Master
Development Plan which reduces the front setbacks from 25 feet to
20 feet for Lots 8 and 9, Block 6, Lots 5-7, Block 4 and Lots
53-55, Block 1.
Site Plan Review and Appearance Board:
-Approved, with conditions, a change in elevations for Bennett
Auto Supply.
-Approved, with conditions, a landscape plan for Lang Management.
-Approved, with conditions, a change in elevations for Boston1s
on the Beach.
-Tabled a change in elevations for Elwood1s BBQ.
Historic Preservation Board:
-Tabled the Certificate of Appropriateness for the construction
of a free standing, two car, garage with a 700 square foot second
floor apartment at 50 Palm Square.
A detailed staff report is attached as backup material for this item.
~5-0
..
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: c:;:::: T. HARDEN, CITY MANAGER
bJ~tn
THRU: J. KO ACS, D~~
DEPARTMENT OF. PLANNING AND ZONING
FROM: ~ z/~~
JEF ERK NS, ASSISTANT PLANNER
SUBJECT: MEETING OF OCTOBER 26, 1993
REPORT OF APPEALABLE LAND USE ITEMS
OCTOBER 11, 1993 THRU OCTOBER 22, 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 October 11, 1993, through
October 22, 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 provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
..
..
City Commission Documentation
Appealable Items - Meeting of October 26, 1993
Page 2
PLANNING AND ZONING BOARD
1. Approved (7 to 0) , an Internal Adjustment to the Sabal
Lakes Master Development Plan as it pertains to Phase II,
reducing the front setbacks from 25' to 20' for Lots 8 and
9, Block 6, Lots 5-7, Block 4, and Lots 53-55, Block 1.
Located north of Lake Ida Road, east of Barwick Road.
Additionally, the following agenda items which were considered
by the Planning and Zoning Board will be forwarded to the City
Commission as separate agenda items.
* Deferred action on a Rezoning request from GC (General
Commercial) to SAD (Special Activities District) for a
parcel of land located South of SE 4th Street, between the
FEC Railroad and SE 1st Avenue.
* Recommended (7 to 0) annexation of Sunset Pines, Discount
Auto Parts, and Delray Medical Center, located on the north
side of Atlantic Avenue, east of Military Trail.
* Recommended (7 to 0) approval of a Conditional Use Request
to allow the establishment of a Bingo Hall at the Delray
Square Shopping Center, located at the northeast corner of
Atlantic Avenue, and Military Trail.
* Recommended (5 to 2) approval of a Conditional Use Request
to allow the establishment of a Resource Recovery Facility
for South County Sanitation, in the MIC (Mixed Industrial
and Commercial) District, located north of NW 1st Street,
between NW 18th Avenue and the CSX Railroad.
* Recommended (7 to 0) approval of Text Amendments to Section
4.4.13 of the LDRs pertaining to the Amount and Method of
paYment of the In-lieu Parking Fee and Determination of
Parking Requirements in the CBD (Central Business
District) .
* Recommended (7 to 0) approval of a Text Amendment to Section
4.4.11 of the LDRs pertaining to intensity of development
and Permitted Uses in the NC (Neighborhood Commercial)
district.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF OCTOBER 20,
1993
A. Approved (5 to 0) , with conditions, a change in Elevations
for Bennett Auto Supply at Congress Square Plaza (former
Po-Folks), located at the southwest corner of Atlantic
Avenue and Congress Avenue.
'.
"
City Commission Documentation
Appealable Items - Meeting of October 26, 1993
Page 3
B. Approved (5 to 0) , with conditions, a landscape plan for
the establishment of an outside storage area at Lang
Management, 2055 S.Congress, located on the west side of
Congress Avenue, south of Linton Boulevard.
C. Approved (5 to 0), with conditions, a change of Elevations
for Boston's on the Beach, located south of Atlantic Avenue
on the west side of Ocean Boulevard.
D. Tabled (5 to 0 ) a change of elevations for Elwood's BBQ,
located at the southeast corner of Atlantic Avenue and
Railway Avenue.
In addition to the above, the Board considered the following
non-appealable items.
* Approved (5 to 0) a flat wall sign for Bennett Auto Supply,
Congress Square.
* Approved (5 to 0) a master sign package for Checker's, West
Atlantic Avenue.
* Denied (5 to 0) a monument sign for Checker's, West
Atlantic Avenue.
* Denied (3 to 2) a flat wall sign for Curtis Mathes, North
Federal Highway.
HISTORIC PRESERVATION BOARD MEETING OF OCTOBER 20, 1993
x. Tabled (7 to 0) COA 8-210, to permit the construction of a
free standing two car garage with a 700 square foot 2nd
floor apartment to an existing multi-family structure at 50
Palm Square.
Additionally, the Board considered the following non-appealable
items relating to this project.
Denied (5 to 2) Variance 8-32, reducing the rear setback
from 15' to 6 ' for the addition of a free standing garage
and second story apartment at 50 Palm Square.
Approved (6 to 1) Variance 8-32, reducing the rear setback
from 15' to 10' for the addition of a free standing garage
and second story apartment at 50 Palm Square.
Y. Approved (7 to 0) COA 8-192 Continuation, permitting a
color change for Diamiano's Restaurant, 52 N. Swinton
Avenue.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
"
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LOCATION MAP FOR
CllY COMMISSION MEETING
OF OCTOBER 26, 1993
L-30 CANAL
Cll
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i G.
LAKE lOA ROAD
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. '! SWIST
r..... _J i ATLANTIC AVENu[
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I.CIWSON IOULlV Am
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.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.--.-.-.-.-.-.
L-3I CANAL C-15 CANAL
CITY LIMITS -.-.-...-.. S.P.R.A.B. : P.&Z. :
I U1LE I A.. - BENNET AlITO SUPPLY 1. - SABAL LAKES, PHASE II
I B. - LANG MANAGEMENT
SCALE C. - BOSTON'S ON TH( BrACH
D. - ELWOOD'S B-B-Q
N H.P .B. :
- X. - RMB RESIDENCE
CITY OF DElRAY BEACH, FL Y. - DIAMIMIO'S
PlANNING DEPNmolENT
'.
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I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ttM.
SUBJECT: AGENDA ITEM i ~ - MEETING OF OCTOBER 26. 1993
REOUEST FOR WAIVER OF CONDITIONS/KEYSTONE CREATIONS
DATE: October 22, 1993
This item is before you to consider a request from Keystone Creations
to waive a condition associated with Conditional Use Approval which
requires them to make a cash payment equivalent to the cost of
improving the section of N.W. 18th Avenue which directly abuts their
property.
The basis for the waiver request is that the City allowed N. W. 18th
Avenue to deteriorate to its present condition. Snow Concrete,
former owner of the property abutting Keystone to the south, had
allegedly, covered N.W. 18th Avenue with shellrock to protect it from
the heavy cement trucks. The applicant alleges that the City never
attempted to have Snow Concrete remove the shellrock, nor did the City
make any repairs to the street. Therefore, the applicant believes it
is very unfair to have Keystone Creations pave the street because they
are upgrading their site.
It appears from a physical inspection of the roadway on October 22nd,
that a paved street may have extended as far as the entrance to the
Keystone property, but it never extended to the north limits of the
property. Engineering staff surveyed N.W. 18th Avenue and found that
300 feet north of N.W. 1st Street there is 3/4 inch thick asphalt
covered with 8 inches of lime rock and that 600 feet north of N.W.
1st Street there is 3 inch thick shell rock covered with 9 inch thick
lime rock.
Unless the petitioner can prove by core borings that there was a paved ;
street to his property line, the request should be denied. A
detailed staff report is attached as backup material for this item.
~..b~~~
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MEMO From
CITY MANAGER'S OFFICE
To: Date:
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
D J. ~U~
KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 26 , 1993
CONSIDERATION OF A REQUEST TO WAIVE LDR SECTION
5.3.1(E)(2) IMPROVEMENT OBLIGATIONS, AS APPLIED TO THE
SECTION OF N.W. 18TH AVENUE ADJACENT TO KEYSTONE
CREATIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
qrantinq a waiver to improvement obligations along a portion
of N.W. 18th Avenue. The request is associated with a
conditional use approval recently granted for Keystone
Creations.
The development proposal involves the formal establishment
of a monument and stone cutting operation on a parcel of
land located north of Atlantic Avenue, on the east side of
N.W. 18th Avenue, and containing approximately 0.81 acre.
Total site redevelopment will occur.
B A C K G R 0 U N D:
At its meeting of September 28, 1993, the City Commission
approved a Conditional Use request for Keystone Creations to
formally establish a monument and stone cutting business. As
this project takes access off of N.W. 18th Avenue, one of the
items addressed dealt with the condition of that roadway and the
applicant's improvement obligations. One of the conditions of
the approval was as follows:
C. "That a cash payment be made that is equivalent to the
cost of improving the section of N.W. 18th Avenue which
directly abuts the property."
This obligation was made in partial compliance with LDR Section
5.3.l (E) . (See later discussion under "ASSESSMENT" for more
explanation) .
The applicant has requested that this requirement (Condition of
Approval "C") be deleted and that a waiver be made with respect
to improvement obligations along 18th Avenue. A copy of the
request letter is attached. This waiver request is the item which
is the matter now before the Commission.
..
City Commission Documentation
Meeting of October 26, 1993
Waiver Request - Keystone Creations
Page 2
The applicant's letter also includes a request for a waiver of
right-of-way dedication. Action on that item will be taken during
review of the site plan by the Site Plan Review and Appearance
Board; thus, it is not appropriate that the City Commission
consider it at this time.
A N A L Y S I S
Basis for the Request: The essence of the request letter (copy
attached) , is that the street previously existed in good
condition to the north boundary of the Keystone Creations
property and that the City has allowed it to deteriorate to a
presently unacceptable condition. Thus, it is inappropriate to
require up-grading in conjunction with this development proposal.
Condition of N.W. 18th Avenue: Attached is an excerpt from the
P&Z Staff Report (pages 9 & 10). The essence of that material is
that:
1. apparently there was a paved surface on 18th Avenue;
2. shellrock was placed on the road by a concrete company
and this situation has contributed to deterioration of
the roadway;
3. the portion adjacent to Keystone Creations did not have
the shellrock covering and it is in very poor
condition.
Partial Relief Granted: While a case may be made that Keystone
Creations should improve N.W. 18th from 1st Street to the north
boundary of its site, the City Engineer recommended and the
Planning and Zoning Board determined that full obligations of
Section 5.3.1(E) does not apply. (Note: this is not a waiver
action, but an interpretation of the referenced code section) .
Thus, the improvement obligations are to apply only along the
project frontage - 128 feet.
Cash payment in-lieu of improvements: As noted in the P&Z Staff
Report, N.W. 18th Avenue is in poor condition and needs
reconstruction and/or resurfacing. Also, there is a need to
extend the roadway to the north and connect with an E/W road
along the south boundary of L.L Park of Commerce (Artic Ice, et
al) . Presently, the property immediately to the south of
Keystone Creations is processing a conditional use; thus, an
additional participant in improvements may exist. Other
properties along N.W. 18th Avenue are under-developed or vacant.
Given this situation, it appears that improvement of the roadway
may occur within a reasonable time frame; thus, in-lieu of
immediate improvements, it has been determined that a cash
paYment is more appropriate at this point in time.
'.
City Commission Documentation
Meeting of October 26, 1993
Waiver Request - Keystone Creations
Page 3
Planning and Zoning Board Consideration: The applicant argued
for relief before the P&Z Board. The Board Members had divergent
opinions. Four of the members (Currie, FeIner, Wheat, and
Fulton) thought that the applicant should be relieved of any
requirement to contribute to the costs of improving the road.
However, there was no action taken to make an interpretation to
that effect. (Note: such a determination would have been
contrary to the position of the City Engineer).
R E QUI RED FIN DIN G S
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the City Commission shall make a finding that the granting of the
waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provisions of
public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the granting of a special privilege
in that the same waiver would be granted under similar
circumstances on other property for another applicant
or owner.
With respect to the first three criteria's, we are dealing with
an existing situation both from the condition of the road and the
existence of the land use. Thus, there would not be any
additional adverse impacts.
However, a finding of support with respect to the fourth criteria
cannot be supported by staff given the existing level of
information i. e. there is no verification that a standard road
section did exist. During review of the Conditional Use petition
on the adjacent property, core samples were taken where the
shellrock has been placed on N.W. 18th Avenue. That investigation
showed that a paved surface did not exist.
If Keystone Creations can demonstrate (by core samples) that a
standard roadway did exist and the current condition has been
created by neglect, it may be appropriate to interpret code
section 5.3.1(E) not to apply. Such a determination can be made
by SPRAB during consideration of the site plan. However, in order
to make such a determination, SPRAB would need physical proof (ie
the core samples taken in a manner approved by the City
Engineer). If a standard section did not exist, the previously
imposed condition of approval would stand.
'.
City Commission Documentation
Meeting of October 26, 1993
Waiver Request - Keystone Creations
Page 4
A L T ERN A T I V E ACT ION S
1. Determine that there should be no improvement obligations
imposed on Keystone Creations and waive the provisions of
Section 5.3.1(E).
2. Do not grant a waiver, but allow further review and
consideration concurrent with the site plan review process.
R E COM MEN D E D ACT ION:
By motion, deny the request at hand; but allow for further
consideration of the request during the site plan review process.
Attachments:
* Waiver Request from Applicant
* Excerpt from the P&Z Staff Report re "Condition of Road"
T:CCKEY:J.. .noc
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. . bern kruger zoning consultant / land planner rezoning
.
.,~_. concurrency
--:'~ annexations
, ' land planning
" ~ : ;
conditional uses
C f',. 2,2 1993 special exceptions
site plan approval
land plan ammendments
''';., ,I )~ 'Nn variances
~ L ".' ,) (county, state, municipal)
September 22, 1993 abandonments
Delray Beach City Commission palm beach
City of Delray Beach broward
100 Northwest 1st Avenue dade &
Delray Beach, Florida 33444 all counties
& cities
in florida
RE: KEYSTONE CREATIONS - WAIVER REQUEST FROM PAVING N.W. 18TH AVENUE
& TO ALLOW N.W. 18TH AVENUE TO REMAIN A 50 FOOT RIGHT-OF-WAY
Dear Commissioners:
I request a waiver from LDR SECTION 5.3.1 (E) ( 2 ) IMPROVEMENT
OBLIGATIONS. The property was annexed into the City of Delray Beach
November l2, 1962 and the street existed at that time. The property,
now owned by Keystone Creations was then occupied by Delray Gas and
Electric Company. Blanche and Ron Ballman, owners of Keystone
Creations, bought the property March 15, 1989, and have been paying
taxes to the City of Delray Beach since that time. The previous
owners had been paying taxes to the City of Delray Beach prior to
1989. The City allowed N. W. 18th Ave. to deteriorate to its present
condition and now staff wants Mr. and Mrs. Ballman to put in a street
which already exists.
Snow Concrete, former owner of property abutting Keystone to the
south, had been alledged to have covered N. W. 18th Ave. with
shellrock to protect it from the heavy cement trucks. The City never
attempted to have Snow Concrete remove the shellrock while they were
operating or when they moved, nor did the City make any repairs to the
street. Therefore it would be very unfair to have Keystone Creations,
who bought property on a supposedly paved street, pave the street
because they are upgrading their site, building a new building and
upgrading the area which will probably entice new businesses to the
area. They are also bearing the expense of installing a new sewer
line a distance of 360 feet.
LDR SECTION 5.3.l (E) (2) (a) (b) IMPROVEMENT OBLIGATIONS, would normally
apply to a project located where street improvements have not been
made. In this case the street was constructed years ago and never
repaired up by the City. The street existed when the property was
annexed in 1962 and should have had routine maintenance done upon it.
9 northeast 16th street. delray beach, florida 33444. (407) 265-4983. fax (407) 265-4983-11
.
We are also requesting a waiver from LDR SECTION 5.3.l(D)(2) & ( 3 ) .
Since N. W. l8th Ave. exists from N. W. 1st Street (to the south) to
the northern property line of the Keystone Creations as a 50 foot
Right-of-way. We request the the R/W remain at 50 feet and this
request is supported by the City Engineer, as it is stated in the
staff report of September 20, 1993, page 9, and per LDR SECTION 5.3.1
(D) (4) (2), "The City Engineer supports the reduction, in that 50 feet
is sufficient to support a typical street section in this area."
I respectfully request that you grant the above waivers.
Sincerely '~
..~ .d__
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Beril Krug / Agent,
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CC: Mr. & Mrs. Ballman
Delray Beach Planning Department
File
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?&Z Board Staff Repo~
Keystone Creations - Conditional Use Approval 4
Page 9
18th Avenue, it would be inappropriate to install a
cul-de-sac at this location. The Fire Marshall has
indicated that sufficient turn-around exists on-site to
accommodate vehicles in an emergency situation.
Right-of-way
NW 18th Avenue is classified as a local industrial
street. Pursuant to LOR Section 5.3.1(0)(2),
Right-of-Way Dimensions, local commercial and
industrial streets are required to have a minimum
right-of-way width of 60 feet. The right-of-way along
NW 18th Avenue is 50 feet wide. Pursuant to Section
5.3.1(0)(4), where the City Engineer supports a
reduction in the required width and where there are no
safety hazards associated with such a reduction, the
body approving the development application may grant a
reduction. The applicant has submitted a request for a
reduction in right-of-way to 50 feet. The City
Engineer supports the reduction, in that 50 feet is
sufficient to support a typical street section in this
area.
Condition of road surface
Aerial photographs from as far back as 1974 indicate
that the entire length of NW 18th Avenue had an asphalt
surface. At present there are sections of the road in
which the asphalt surface has largely disintegrated,
and other sections that have a shellrock surface. It
has been indicated that the concrete plant that was
formerly located south of Keystone placed shellrock
over the road to make it easier for concrete trucks to
maneuver in and out of their site.
The section of the road adjacent to Keystone is in very
poor condition. Pursuant to LDR Section .5.~.I(E),
Improvement Obliqations, development shall provide for
the construction of street improvements associated with
the project. When a full local street standard (i.e.,
a new road) is required to carry traffic to and from
the project, the project has to provide the necessary
travel lanes to accommodate vehicles accessing the
site. If it is impractical to construct the
improvements, the obligation may be met by payment of
cash funds equal to the current cost of such
improvements. .
The condition of 18th Avenue adjacent to and south of
Keystone Creations is such that parts of it will need
to be completely reconstructed. In essence, an
improved street does not exist to accommodate vehicles
accessing the site. However, as an improved street did
exist at one time, the full improvement obligations
.
'.
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&Z Board Staff Rep~t .
Keystone Creations - Conditional Use Approval "
Page 10
stated above do not apply. The City Engineer has
determined that Keystone Creations is responsible for
improving only that section of the roadway that is
adjacent to its property, rather than the full
construction of the street southward to provide paved
access to the site. As it is not clear at this time
when 18th Avenue will be improved, it is appropriate
that the obligation be met through the payment of an
amount equivalent to the current cost of the
improvement.
2. Construction Phasinq
With regard to the phasing of construction, the
applicant has provided the following narrative:
liThe following is our best guess as to how this
project will be completed:
Day One - After receiving a building permit for
this project we will begin construction on the
building that will house the two large stone
cutting saws. We will also start construction on
a temporary office and equipment storage area.
Time: Saw Building - 2 months
Temporary Office - 2 weeks
Next we will move the two big saws into the new
saw building.
Time: 2 weeks
Elapsed Time: 2 1/2 months
Next we will start cutting all the stone in
storage into a useful product.
Time: 2 to 3 months
In the mean time we will be preparing the
foundation for the main building, along with the
planting of the perimeter trees and plants. This
will be complete before the main building is
complete.
Time: For the main building, 10 months
.
Balance of the driveway, parking etc.
Time: 3 months.
Elapsed Time: 15 1/2 months
'.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT:
AGENDA ITEM i (1- - MEETING OF OCTOBER 26. 1993
APPEAL OF HISTORIC PRESERVATION BOARD DECISION
DATE: October 22, 1993
This item is before you to consider an appeal of the Historic
Preservation Board decision to approve back out parking along S.E. 7th
Avenue in conjunction with the site plan approval of Sloan Hammock.
The development proposal is to renovate a three unit apartment
building, add a garage and guest apartment to a single family
residence, add a second single family residence and enlarge a storage
shed.
Pursuant to LDR Section 4.6.9(C)(2}(c} sets the amount of required
parking. A total of 13 parking spaces are required for this
development. The applicant proposes to provide the required parking,
by maintaining the existing 10 back-out parking spaces along S.E. 7th
Avenue and providing three spaces in the garage which takes access
from the alley. Presently, the 10 back-out spaces are substandard and
encroach eight (8 ) feet into the S.E. 7th Avenue right-of-way.
LDR Section 4.6.9 (D}(2), does not allow back-out parking for
multi-family developments.
I believe that our present general policy of eliminating back-out
parking onto through streets is the best policy. Parking requirements
could be met by putting the back-out parking on the alley along the
west side of the property, combined with some on-street parallel
parking. However, neither the applicant nor the Historic Preservation
Board wanted to do this because it would require removing a mature
hedge which blocks the view into the property from the office property
and Federal Highway to the west.
The second best alternative, in my opinion, is to maintain the status
quo with the back-out parking spaces partially in the right-of-way.
To move the parking entirely onto the property just adds more asphalt,
increases stormwater runoff, reduces green space and increases the
cost of the project with no significant improvement in traffic
conditions.
I recommend that the Historic Preservation Board's approval be
modified to allow the back-out parking to remain in its present
location.
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CITY MANAGER'S OFFICE
To: CP'-";:;-Y Date: 12/u/53
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: c;:) T. HARDEN, CITY MANAGER
'__ ~ ~UQ~
FROM: DAV J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 26, 1993
REVIEW OF HPB ACTION RE SLOAN HAMMOCK SITE PLAN
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
consideration of an appeal of the site plan approval
granted by the Historic Preservation Board (HPB) for "Sloan
Hammock".
HPB action was taken on October 6th. The action was
appealed by the City Commission at its meeting of October
12th. The focus of the appeal was upon parking
arrangements along S.E. 7th Avenue.
B A C K G R 0 U N D:
The project, Sloan Hammock, is a redevelopment project
up-grading a single family home and a three unit building, and
adding another single family home and an enclosed garage. It
is located on S.E. 7th Avenue, south of 1st Street. Attached is
the HPB Staff Report which provides a full description of the
proposal and an analysis of it.
I T E M o F CON SID ERA T ION
While the entirety of the project may be reviewed, the focus of
the appeal was upon parking arrangements along S.E. 7th Avenue.
Presently along S.E. 7th Avenue parking is situated as to
require vehicles to back-out into the right-of-way. This
situation occurs not only at this site but along other
properties as well. The Board considered various alternatives
(see staff report), and elected a design which accommodates ten
(lO) spaces backing into S.E. 7th Avenue (a continuation of the
existing condition relative to existence of such parking) with
the following enhancements:
a) a landscape median, centrally located; and,
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City Commission Documentation
Review of HPB Action re Sloan Hammock Site Plan
Page 2
b) moving the existing parking six foot (6' ) to the west
in order to place all the parking on private property
(currently, and as shown on the site plan exhibit, the
parking spaces are bisected by the property line).
Given the HPB action, the Administration considered not imposing
the additional six foot (6' ) of pavement requirement in that the
result would:
a) lessen the amount of pavement along S.E. 7th and
better define the travelway;
b) allow for more separation between the parking area and
the structures, and provide the opportunity for better
(more intense) landscaping in this separation area.
However, the resul t would be that the parking spaces would be
bisected by the property line (i.e. the front of the car would
be on private property and the rear on public property). Policy
questions arise e.g. use of the public right-of-way to meet
"on-site" requirements; ability to restrict usage for private
purposes when a portion of the space is in the right-of-way;
and, possibility of liability issues.
The general direction pursued in development (redevelopment)
actions is to seek an elimination of back-out parking (except as
allowed by code) or, if necessary, to have the spaces contained
totally on private property. While this direction is effective
in many situations, it may have an impact upon the redevelopment
of properties in the older parts of the community. Also, where
non-conforming situations exist (as in the existing situation),
an accommodation can be made (technically) where the
non-conforming design is not being intensified.
Because of the above policy considerations, the matter is before
the Commission.
CON SID ERA T ION B Y o THE R S
Except for the HPB action, this subject matter has not been
considered by other advisory boards, nor formally by the CRA.
A L T ERN A T I V E C 0 U R S E S o F ACT ION
There are several ways in which the City Commission can deal
with the matter(s) before them. These include:
1- Confirm the HPB action and take no further action.
(Existing direction would be pursued in other applications.
The Sloan Hammock project would proceed as approved by the
HPB. )
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City Commission Documentation
Review of HPB Action re Sloan Hammock Site Plan
Page 3
2. Confirm the HPB action with an additional condition that
the parking along S.E. 7th Avenue remain in its present
location pending results of further investigation into
broader implications of the parking spaces being bisected
by the property line; AND, that the substantive matters
articulated in this documentation be referred to the HPB,
the CRA, and the P&Z Board for review, comment, and
recommendation. (This action would allow Sloan Hammock to
proceed but with a possibility that additional paving would
not be provided).
3. Modify the HPB action to allow the back-out parking in its
present general location (do not require movement six foot
to the west), AND either:
a) provide no further direction, or
b) refer the policy matter to HPB, CRA, & P&Z as above.
4. Reverse the HPB site plan approval action in that the
non-conforming situation with respect to backing into S.E.
7th Avenue should be eliminated (or reduced).
R E COM MEN D E D ACT ION:
Given the nature of the situation, there is not a staff
recommendation.
Attachment:
* HPB Staff Report & Documentation of October 6th re Sloan
Hammock
DJK/CCSLOAN
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""HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: October 6, 1993
AGENDA ITEM: IV. A.
ITEM: COA 8-215 Sloan Hammock - Site Plan, Landscape Plan & Waivers
1IIIIIII1IIII1H1JlITTf.lTT~IIIUIII I I '1 II lillllll Ihlll
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( GENERAL DATA:
Owner....................Hammock Partners and HistorIc Partners
Agent....................Mike Covelli
Caulfield & Wheeler, Inc.
Location.................West side of SE 7th Avenue, South
of SE 1st Street.
Property Size............O.465 acres.
City Land Use Plan.......Medium Density Residential
City Zoning..............RM (Multiple Family Residential -
Medium Density)
Adjacent Zoning...North: RM
East: RM
South: RM
West: CBD (Central Business District)
Existing Land Use........Three unit apartment building, single
family residence, and a storage shed.
Development Proposal.....Renovation of the three unit apartment
building, addition of a garage and guest
apartment to the single family
( residence, addition of a second single
family residence and enlargement of the
storage shed.
Water Service............Existing on site.
IV.A.
Sewer Servlce............Existing on site.
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HPB Staff Report
Sloan Hammocks
Page 6
Parkinq Requirement:
Pursuant to Section 4.6.9(C)(2)(c), multi-family developments are
to provide 2 parking spaces per unit (with two or more bedrooms),
and .5 spaces per unit for guest parking. Based on the above, 10
parking spaces are required for the 5 dwelling units, and 3
parking spaces are required for quest parking. Thus, a total of
13 parking spaces are required by code / and 13 parking spaces
have been provided.
The proposal is to maintain the existing 10 back-out parking
spaces along SE 7th Avenue, and add 3 parking spaces in the
garage, which take access from the alley. The back-out parking
is discussed below.
Back-out Parkinq:
Pursuant to Section 4.6.9(D)(2) back-out parking for multi-family
developments is not allowed. Presently, there are 10 parking
spaces which back-out onto SE 7th Avenue. The parking spaces are
only 16 ' in length and encroach 8 ' into SE 7th Avenue
right-of-way.
There is room on the property to provide all of the parking on
site, either backing out onto the alley or through a combination
( of alley parking and a parking lot at the front of the property.
Either of these approaches would have a significant impact on the
open space and aesthetics of the development. Presently there is
a large landscape buffer in the property that shields the
development from the commercial area to the west. In order to
provide all of the parking off the alley, this buffer would have
to be removed, and replaces with something less substantial.
Providing a parking lot in the front or center of the development
would add too much "hardscape" to the project.
There are numerous multi-family properties along SE 7th Avenue
that have existing back-out parking. While it is not a desirable
parking arrangement, it appears to function adequately in this
area. However, given the encroachment of the subject property's
parking on the right-of-way, and the extent of the redevelopment
proposed for the site, it is appropriate to examine alternatives
for reducing this non-conformity with this proposal. some of
the alternatives which have been suggested to the applicant area
as follows:
1. Add 6' of asphalt to the west side of the back-out parking
spaces to accommodate a 16' parking space on site. This
allows a 2' overhang into the landscape area providing a
standard 18' parking space. This solution eliminates the
spaces encroaching into the right-of-way, but does not
lessen the non-conforming situation of back-out parking, and
\ provides additional impervious area along the SE 7th Avenue.
'.
'.
HPB Staff Report
Sloan Hammocks
Page 7
2. Provide 5 parallel parking spaces on-site within the
existing asphalt area along SE 7th Avenue, and relocate 5
parking spaces to the alley. This solution would remove the
parking from the right-of-way and eliminate the back-out
parking spaces without creating any additional asphalt area
along the SE 7th Avenue. However, additional impervious
area would be added to the site with the additional parking
spaces to the rear.
3. Relocate at least 3 of the back-out parking spaces to the
alley, and add 6' of asphalt to the west side of the
remaining back-out parking spaces (to provide the same
configuration as described in the first alternative), and
provide a landscape island between the parking spaces. This
solution would decrease the non-conformity by moving the
spaces out of the right-of-way and reducing the number of
spaces backing out onto the street. It would also eliminate
some of the asphalt area along SE 7th Avenue, thus enhancing
the streetscape.
Staff would support the third solution as it would eliminate some
of the back out parking, it creates a better neighborhood image
along SE 7th Avenue by eliminating asphalt area, and provides
additional buffering of the back-out parking area by providing a
landscape island. Compatibility along the west property line can
\ be achieved through new landscaping and buffering.
The applicant would prefer that the existing back-out parking
remain in its present configuration. However, he would agree to
add the extra asphalt to get the spaces out of the right-of-way
as described in the first alternative. He was not in favor of
the other alternatives.
The applicant will be providing sketches of these three solutions
for the Board to discuss at its meeting. Given the positive and
negative aspects of each solution, the Board will need to
determine which solution best serves the neighborhood and the
development.
Setbacks:
Pursuant to Section 4.3.4(K), Development Standards Matrix, the
side yard setback for a multi-family structures in the RM zone
district is 15'. The existing side yard setback for the tri-plex
building is 10', and is non-conforming. The proposed second
story of the building will increase the building height, but will
not change the building length or setback from the property line.
Pursuant to LDR Section 1.4.1 (B), the Chief Building Official
(C.B.O.) is empowered to make interpretations of Chapter 4
(Zoning and development Standards). The C.B.O. has determined
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER lIl1
SUBJECT: AGENDA ITEM .it 9D - MEETING OF OCTOBER 26. 1993
DETERMINATION OF ARCHITECTURAL COMPATIBILITY/OUTBACK STEAK-
HOUSE
DATE: October 22, 1993
This item is before you to determine if the architectural elevations
proposed for the Outback Steakhouse are compatible with those of the
Linton Square Shopping Center.
Section 4.6.18 (B) (13) (a) of the Land Development Regulations states
that the elevations of an outbuilding within a shopping center shall
be compatible in terms of color, materials and architectural style.
The elevations for this project are incompatible in that the proposal
is for a wooden frame building, while the shopping center is comprised
of stucco buildings.
The Site Plan Review and Appearance Board reviewed the architectural
elevations at its meetings of August 25th, September 8th and September
22nd. At the August 25th meeting concerns were raised with regard to
the lack of detail, screening and roof parapets.
Subsequently, the applicant submitted revised elevations which
incorporated those comments as well as adding a stucco band around the
windows and base of the building, and a gable roof. The Site Plan
and Review Board at their September 22nd meeting recommended approval
of the revised elevations. A detailed staff report is attached as
backup material for this item.
Recommend approval of the architectural elevations for Outback
Steakhouse, pursuant to positive findings with respect to Land
Development Regulations Section 4.6.18 (B)(13)(a).
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVITf'T. HARDEN, CITY MANAGER
\~ ,,/ :l'
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THRU: DAVID~ J. KOVACS, DIREC~R ~ '-'--
DE~TMENT OF PLANNING ZONING
, c ,{....K. A2.l:.-,--<-;",
FROM: PAUL DORLING,~NIOR PLANNER
SUBJECT: MEETING OF OCTOBER 12, 1993
APPROVAL OF THE ARCHITECTURAL ELEVATIONS FOR OUTBACK
STEAK HOUSE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of architectural elevations of the Outback Steak
House.
The project is to be located on the outparcel of the Delray
Crossing Shopping .Center located at the southeast corner of
Linton Boulevard and I-95~
BACKGROUND:
Pursuant to LDR Section 4.6.18 (B)(13)(a) the elevations of
outbuildings within a shopping center shall be compatible
in terms of color, materials and architectural style. If
the SPRAB Board determines that there is not compatibility
with respect to any items, then it shall deny the
elevations. However, if the Board feels, despite the
incompatibility, the elevations should be approved they
shall forward the elevations to the City Commission with a
recommendation of approval and the City Commission shall
take final action.
SITE PLAN REVIEW AND APPEARANCE BOARD:
The Site Plan Review and Appearance Board formally reviewed the
Outback Steak House architectural elevations at its meetings of
August 25, 1993, September 8, 1993 and September 22, 1993.
At the August 25th meeting the Board raised concerns that the
elevations lacked detail, screening, and roof parapets, and that
the building materials were incompatible with the overall center
(i.e. wood frame verses stucco on the center).
'.
..
The applicant submitted revised elevations which were reviewed
at subsequent meetings on September 8th and September 22, 1993.
These elevations incorporated the above comments as well as
adding a stucco band around the windows, a gable roof and a
raised stucco band on the base of the building. The colors
match the overall shopping center. At the September 22 meeting
the SPRAB members felt the plans were an improvement over
previous submissions and recommended approval.
As the elevations were not compatible in all respects to the
overall center, the appropriate action pursuant to Section
4.6.18 (B)(13)(a) is to forward the elevations to City
Commission for approval.
RECOMMENDED ACTION:
By motion, approve the elevations for Outback Steak House as
presented subject to positive findings with respect to Section
4.6.18 (B)(13)(a).
Attachment:
* Outback Steak House elevations
* Delray Crossing elevations
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVIrr T. HARDEN, CITY MANAGER
\) " ( ),
. 031) J '~_)U1)1 ~ rI :(
THRU: DAVID~ J. KOVACS, DIRECT R ,-' '-
DE~TMENT OF PLANNING AN ZONING
, r..' ,-L~ !h2-j"".......
FROM: PAUL DORLING,~NIOR PLANNER
SUBJECT: MEETING OF OCTOBER 12, 1993
APPROVAL OF THE ARCHITECTURAL ELEVATIONS FOR OUTBACK
STEAK HOUSE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of architectural elevations of the Outback Steak
House.
The project is to be located on the outparcel of the Delray
Crossing Shopping Center located at the southeast corner of
Linton Boulevard and I-95.
BACKGROUND:
Pursuant to LDR Section 4.6.18 (B)(13)(a) the elevations of
outbuildings wi thin a shopping center shall be compatible
in terms of color, materials and architectural style. If
the SPRAB Board determines that there is not compatibility
with respect to any items, then it shall deny the
elevations. However, if the Board feels, despite the
incompatibility, the elevations should be approved they
shall forward the elevations to the City Commission with a
recommendation of approval and the City Commission shall
take final action.
SITE PLAN REVIEW AND APPEARANCE BOARD:
The Site Plan Review and Appearance Board formally reviewed the
Outback Steak House architectural elevations at its meetings of
August 25, 1993, September 8, 1993 and September 22, 1993.
At the August 25th meeting the Board raised concerns that the
elevations lacked detail, screening, and roof parapets, and that
the building materials were incompatible with the overall center
(i.e. wood frame verses stucco on the center).
'.
The applicant submitted revised elevations which were reviewed
at subsequent meetings on September 8th and September 22, 1993.
These elevations incorporated the above comments as well as
adding a stucco band around the windows, a gable roof and a
raised stucco band on the base of the building. The colors
match the overall shopping center. At the September 22 meeting
the SPRAB members felt the plans were an improvement over
previous submissions and recommended approval.
As the elevations were not compatible in all respects to the
overall center, the appropriate action pursuant to Section
4.6.18 (B)(13)(a) is to forward the elevations to City
Commission for approval.
RECOMMENDED ACTION:
By motion, approve the elevations for Outback Steak House as
presented subject to positive findings with respect to Section
4.6.18 (B)(13)(a).
Attachment:
* Outback Steak House elevations
* Delray Crossing elevations
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER8'J1;1
SUBJECT: AGENDA ITEM i 9E - MEETING OF OCTOBER 26. 1993
CONDITIONAL USE APPROVAL/SOUTH FLORIDA SANITATION COMPANY
DATE: October 22, 1993
We have received a request for conditional use approval from South
Florida Sanitation Company for the purpose of establishing a resource
recovery system in the MIC (Mixed Industrial Commercial) zone
district, on property located on the east side of N.W. 18th Avenue,
north of N.W. 1st Street.
The subject site is 103,125 square feet, most of which is covered by a
concrete pad. There are two vacant buildings on the site, a 6,300
square foot two story building containing office space and five garage
bays and a 200 square foot storage building. The proposal is to
establish a resource recovery facility which will collect vegetative
yard waste, mulch it and temporarily store it on site. Hours and
days of operation are 6:00 A.M. to 5:00 P.M. , Monday through Friday !
and 7:00 A.M. to 12:00 Noon on Saturday.
The site will also house the business offices and related truck
maintenance functions, including truck storage overnight and on
weekends. ,
t
The Planning and Zoning Board at their October 18th meeting
recommended approval of the conditional use request, subject to 1
conditions, with a 5 to 2 vote (Fulton and Golder dissenting) .
There was considerable public input at that meeting and 13 people
spoke in opposition of the facility. A detailed staff report is
attached as backup material for this item.
Recommend approval of the request for conditional use approval from
South Florida Sanitation Company for the purpose of establishing a
resource recovery system on property located on the east side of N.W.
18th Avenue, north of N.W. 1st Street; subject to the conditions
recommended by the Planning and Zoning Board.
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t;;1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
THRU: D J. KOVAC~
D~P~TMENT OF PLANNING ANO ZONING
r~~
FROM: PAUL DORL:~~..,.T'O U
SENIOR PLANNER
SUBJECT: MEETING OF OCTOBER 26, 1993
CONDITIONAL USE REQUEST TO ESTABLISH A RESOURCE
RECOVERY FACILITY ON PROPERTY LOCATED ON THE EAST SIDE
OF N.W. 18TH AVE., NORTH OF N.W. 1ST STREET
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a conditional use request to establish a
resource recovery facility on property zoned MIC (Mixed
Industrial and Commercial).
The property is located on the east side of N. W. 18th
Avenue, north of N.W. 1st Street and immediately west of
the Seaboard Coastline Railroad.
B A C K G R 0 U N D:
The site is the location of a former Tarmac concrete plant. A
detailed annexation and zoning history of the property is
provided in the attached Planning and Zoning Board staff report.
The current request is being made by the South Florida
Sani tation Company, which is under contract with Palm Beach
County to provide waste management and resource recovery
services. The proposal involves establishing these services on
the site under the allowable conditional use of "resource
recovery" .
"
,.
City Commission Documentation . .
South Florida Sanitation--Resource Recovery Fac111ty
Page 2
The operation will involve a total of 14 trucks. The garbage
and recyclable materials that are collected will be disposed of
at designated locations throughout the County, such as the Solid
Waste Authority Landfill. Landscape materials will be processed
at the Delray site. The company will collect the landscape
materials and run them through a chipper located on the site.
The mulched material will be made available at no cost to
residents of the City. Any materials that are not redistributed
by the end of each week will be transported off the premises to
a SWA facility for further recycling. The site will also be
used for the storage, maintenance, and dispatching of the
trucks, and for office functions associated with the use.
For additional information concerning the proposed use and an
analysis of it's impacts, please refer to the attached staff
report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of October 18, 1993. There was considerable public
input. Thirteen people spoke in opposition to the facility,
citing the following concerns:
* Noise, dust, and odor control.
* Appropriateness of the use in the Congress Avenue
area, and concern that these types of outdoor
industrial uses should not be allowed in this area.
* Use is more appropriate in a rural area.
* Use might be a deterrent to future development and
redevelopment in the area, particularly that of light
industry.
* The City should not be a receptacle for County waste.
The majority of the Board members felt that the use as described
would not create a significant problem with respect to noise,
dust and odor. In general, the Board felt that the use is one
that is appropriate and should be accommodated, and that the
proposed location is acceptable in that it is an industrial
area, it is adjacent to the railroad and other industrial uses,
and that is not in proximity to residential development. One
Board member (Golder) felt that due to the relatively small area
proposed for the actual mulching operation, the use would be
more appropriately classified as a truck terminal, which is not
permitted in the MIC zoning district.
After a lengthy discussion, the Board voted 5-2 (Fulton and
Golder dissenting) to recommend approval of the conditional use,
based on positive findings with respect to Section 3.1.1 of the
Land Development Regulations, and subject to the conditions
listed on pages 11 and 12 of the P & Z Board Staff Report.
'.
'.
.
city Commission Documentation
South Florida Sanitation--Resource Recovery Facility
Page 3
R E COM MEN D E 6 ACT ION:
By motion, approve the conditional use request for a resource
recovery facility, based on the findings made by the Planning
and Zoning Board, and subject to the conditions listed on pages
11 and 12 of the P & Z Board Staff Report.
Attachment:
* P&Z Staff Report & Documentation of October 18, 1993
\T:CCSFSAN.DOC
'.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT --
MEETING DATE: OCTOBER 18. 1993
AGENDA ITEM: IV.C.
ITEM: CONDITIONAL USE REQUEST FOR SOUTH FLORIDA SANITATION TO ALLOW
THE ESTABLISHMENT OF A RESOURCE RECOVERY FACILITY IN THE MIXED
INDUSTRIAL COMMERCIAL DISTRICT.
GENERAL DATA:
Owner......... ~...... . . · . South F~orida, Sanitation
Agent....................Randv StricklIn
ExecutIve Director
Location.................On the east side of HW
18th Avenue north of HW
2nd Street, extended.
Property Size............2.358 acre.
City Land Use Plan.......Commerc.
City Zoning..............MIC (Mixed Indu.trial
. and Commercial)
Adjacent Zonlng...North: HIC
East: I (Industri.l)
South: HIC
West: HIC
Existing Land Use........Vac.nt former concrete
m.nuf.cturing facility.
Proposed Land U.e........Approv.l of .
Conditional U.. to
est.bli.h . re.ourc.
recovery faCility.
Water Service............Existlng 8" water main
.long NW 18th Avenu..
en
- en @
III
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Sewer Service............Exlsting septic tank 0
and field. Construction (,)
of a sewer main to
acee.. the existing 11ft
station at the .outheast
. .
. . corner of the LL Park
will be necessary.
,.
I T E M B E FOR E THE BOA R D:
The action before the Board is that of making a recommendation
on a Conditional Use request to establish a "Resource Recovery
Facility", pursuant to Section 2.4.5 (E) of the Land Development
Regulations.
The property is located on the east side of N.W. 18th Avenue
north of N.W. 1st Street immediately west of the Seaboard
Coastline Railroad.
A sketch plan is accompanying the request and is attached as
Exhibit "A". A full site plan will be required if conditional
use approval is granted.
B A C K G R 0 U N D:
The subject property was annexed into the City via Ordinance
G-467 on November 12, 1962 with an initial zoning designation of
C-3 (Wholesale Light Industrial). In 1972, the C-3 district was
eliminated via Ordinance 21-72 and a HI (Heavy Industrial)
zoning district was applied to the property. In 1974, a 6,300
square foot building was constructed (2450 sq. ft. office, 3,850
sq. ft. of distribution) for Moody Construction Company. In
1979, the property was purchased by the Standard Concrete
Company. In 1980 a batch house, batch plant and associated wash
out stations and storage bins for Standard Concrete (Tarmac)
were constructed. The concrete plant occupied the site until
early 1993.
The site's Industrial land use designation was changed from
Industrial to Commerce with the adoption of a new Future Land
Use Map in November, 1989. With the adoption of the Land
Development Regulations in October, 1990 the Mixed Industrial
and Commercial District (MIC) was applied to this property.
With adoption of the LDRs in 1990, no Conditional Uses were
accommodated within the MIC district, and Section 4.4.19(G)(2)
limited all permitted uses to enclosed buildings. In January,
1991 via Ordinance No. 4-91, several Conditional Uses were added
to the MIC district as a result of a request by Gelco to
accommodate their operation (modular bldg. sales) as an
allowable use within MIC. During the discussions by the
Planning and Zoning Board, there was a consensus to consider
some uses, which would involve some measure of outside activity,
within the MIC district. Based on that consensus, the Planning
and Zoning Board recommended that eight (8) Conditional Uses be
added to the MIC district. These 8 included Resource Recovery
Facilities.
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P&Z Staff Report
South Florida Sanitation Conditional Use
Page 2
Recently there has been discussion with respect to the
appropriateness of outside uses within the MIC District,
particularly in the Congress Avenue Corridor. However, there
is no formal directive to revisit the matter.
The South Florida Sanitation company has recently purchased the
property and would like to establish a mulching recycling
operation along with truck storage and office function
associated with its waste management operation.
PRO J E C T DES C RIP T ION:
The site is 103,125 sq. ft. or 2.37 acres in size, most of which
is covered by a concrete slab. The site currently contains two
vacant buildings, a 6,300 sq. ft. two story building containing
office space and 5 garage bays and a small 200 sq. ft. storage
building. The site also contains two cement silos and material
storage areas associated with the previous Standard Concrete
Company use.
The Conditional Use request before the Board is to establish a
"Resource Recovery Facility" which will collect vegetative yard
waste, mulch it, and temporarily store it on site. Nine
vehicles a day (fourteen on Wednesday) will be utilized for
neighborhood curb side pick up of yard waste (tree limbs etc. )
from a service area bordered by Hypoluxo Road to the north,
Atlantic Avenue to the south, the Florida Turnpike to the west
and the Atlantic Ocean to the east. These vehicles will collect
one load each per day and two loads each on Wednesday (64 loads
a week). The yard waste will be transported to the site where
it will be emptied on the ground.
The material would then be deposited by a small front end loader
into a 16' Chipper which will expel the chipped material into a
pile. This pile with be contained within a 15' x 20' area that
is walled in on 3 sides ( 8 I high CBS) and has a poured concrete
floor. The stockpile will not exceed 10' wide 15' long and 8 ·
high. Dust control for the entire site will be by a sprinkler
system which currently exists along the top of the fencing
around the perimeter of the site. Non-vegetated materials will
be separated and placed in a 30 yard container for transport to
the Solid Waste Authority landfill.
The mulch material will be made available to area residents free
of charge. Any material not given away by Friday of each week
will be removed from the site and transported to a Solid Waste
Authority.
The site will also house the business offices and related truck
maintenance functions for the South Florida Sanitation Company.
The 14 company trucks will be stored empty on the site overnight
and on the weekends. These trucks will be dispatched each
weekday for waste collection, hauling of recycling materials and
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P&Z Staff Report
South Florida Sanitation Conditional Use
Page 3
picking up of yard waste. The garbage and recyclable materials
will be transported to the Solid Waste Authority's landfill and
recycling centers. Prior to leaving the Solid Waste Authority,
the trucks are washed out. Some of these trucks would return
immediately to the site while others would be utilized for the
daily yard waste routes. Truck dispatching can be considered a
secondary (accessory) function of the site.
The hours of operation will be from 6:00 am to 5:00 pm. Monday
through Friday and 7:00 am to 12:00 noon on Saturday. No
chipping will begin before 9:00 am. Monday through Friday and
will not occur on Saturday.
The application is accompanied by a sketch plan showing the
general location of the components of the operation. The
applicant has indicated a willingness to upgrade the property to
current City codes, and if the conditional use request is
approved, a site plan accommodating such site improvements will
be required.
CON D I T ION A L USE A N A L Y S I S:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
Future Land Use Map: (The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation).
The Future Land Use Map designation for the property is
"Commerce". The allowable zoning designations which are deemed
consistent with the Commerce Land Use designation are:
- PCC Planned Commerce Center
- MIC Mixed Industrial and Commercial (current zoning)
- CF Community Facilities
The site is presently zoned MIC (Mixed Industrial and
Commercial). The proposed use of a "Resource Recovery Facility"
is allowed as a Conditional Use within the MIC zoning district.
Allowable accessory uses include services and repair of items
incidental to the principal use, and outside storage including
storage of equipment of materials when screened from view of
adjacent properties.
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P&Z Staff Report
South Florida Sanitation Conditional Use
Page 4
Concurrency: (Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.)
Water: Potable water service exists to the site via a 8" water
main which runs along the front of the property in N.W. 18th
Avenue. This main is connected to a 12" main on the north side
of Atlantic Avenue and extends up N.W. 18th Avenue to the Limpo
Lupo Park of Commerce and west to Congress Avenue. The fire
hydrant spacing in this area currently does not meet the minimum
300' spacing required for industrial uses. Installation of a
fire hydrant will be required on site. It is noted that the
recently approved Keystone Creations to the north will be
installing a fire hydrant. However, that hydrant will be
located internal to their site and is not readily assessable for
general fire suppression.
The fire flow in this area is below 2,000 gallons a minute.
Initially the Fire Department had concerns over the adequacy of
the fire flow given the proposed type of use. However, with the
submission of additional information relating to the wood chip
pile size, and its duration on the site, existing fire flow
has been deemed sufficient.
Sewer: The existing 6,300 sq. ft. building is serviced by a
septic tank and field located immediately west of the building.
The nearest sewer service would be via a connection into a lift
station located approximately 400 feet north within the Limpo
Lupo Park of Commerce.
Pursuant to LDR Section 6.1.11(A) Sewer Systems a sewer
connection is required when public sewer is within 200 ft. of
the property line. Also, pursuant to the Public Facilities
Element of the Comprehensive Plan, Policy C-3.3 and LDR Section
5.3.3 ( F) new development shall be responsible for extending
sewer service from their terminus to the furthest boundary of
the property involved.
The property immediately to the north (Keystone Creations) is to
extend the sewer to its south property line. South Florida
Sanitation will be responsible for extending it from that point
to the subject property's southern property line approximately
374 feet.
If Keystone Creations does not install the sewer extension,
provision of sewer service to this site must be revisited.
Alternatives include continued use of the existing septic system
(requires certification of adequacy from HRS) or provision of
the entire extension from the Lift Station.
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P&Z Staff Report
South Florida Sanitation Conditional Use
Page 5
streets and Traffic: A traffic study has been requested but it
has not been submitted. In-lieu there of, the applicant has
submitted a letter stating the development will generate
approximately two trips per 14 trucks or a total 28 daily trips.
However, this does not accommodated traffic from the 34
employees or customers picking up mulch. The provision of a
traffic study prepared by a traffic engineer is required and is
attached as a condition of approval. It is not anticipated that
there will be traffic capacity problems as a result of this
development.
The development takes access from N.W 18th Avenue. The
following issues relate to improvement obligation with respect
to that roadway.
Condition of road surface:
At one time, N.W. 18th Avenue from N.W. 1st Street to its
terminus at Keystone Creations had an asphalt surface. At
present, portions of N.W. 18th Avenue, have deteriorated.
The underlying roadway condition fronting this site is
unclear as the roadway is covered with shell rock deposited
by the concrete operation which previously occupied the
site.
Pursuant to LDR Section 5.3.1(E), Improvement Obliqations,
development shall provide for the construction of street
improvements associated with the project. When a full
local street standard (i.e., a new road) is required to
carry traffic to and from the project, the project has to
provide the necessary travel lanes to accommodate vehicles
accessing the site. If it is impractical to construct the
improvements, the obligation may be met by payment of cash
funds equal to the current cost of such improvements.
The Engineering Department is conducting bore tests to
determine the makeup of the roadway. It is anticipated
that the tests will reveal an improved roadway which has
been allowed to deteriorate. In this case South Florida
Sanitation would not be required to rebuild the street.
However, South Florida Sanitation improvement obligations
will include restoration of N.W. 18th Avenue to its
previous condition i.e. removal of the shell rock,
restoration of street drainage and possible resurfacing of
that portion of the roadway covered with shell rock.
Right-of-way:
N.W. l8th Avenue is classified as a local street which,
pursuant to Section 5.3.1 (D)(2), requires a minimum
right-of-way dimension of 60' . The right-of-way that is
adjacent to this property is 50 feet. Pursuant to Section
5.3.1(D)(4), where the City Engineer supports a reduction
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P&Z Staff Report
South County Sanitation Conditional Use
Page 6
in the required width and where there are no safety hazards
associated with such a reduction, the body approving the
development application may grant a reduction. A similar
reduction had been requested by and granted to Keystone
Creations.
The applicant has submitted a request for a reduction in
right-of-way to 50 feet. The City Engineer supports the
reduction, in that 50 feet is sufficient to support a
street section that is appropriate for this area.
Drainage: The majority of the site is covered by a concrete
slab. The site currently drains off-site into N.W. 18th Avenue.
The site must retain stormwater on site. As a minimum, of 25%
of the site is to be retained in open space per LDR requirements
(see discussion under LDR requirements section), it is
anticipated the new landscape areas will double as swale areas
for water quality. If the conditional use is approved a site
plan with associated engineering plans will be required.
Parks and Open Space:
Parks and Open Space dedications do not apply to commercial
or industrial properties.
Solid Waste:
The proposed use itself is anticipated to generate 1.8
pounds per sq. ft. of floor area per year or 11,340 pounds.
This volume is similar to the volume generated by the
previous industrial use.
Additional solid waste will be generated through the
elements of the operation. This will include the sorting
and temporary storage of solid waste which may be contained
within the yard waste material. This non-vegetative
material is to be stored in a 30 yard waste container. The
length of time the container remains on site between times
it is emptied is a concern (see discussion under the
Consistency section). Adequate capacity exists at the
landfill to accommodate waste.
Consistency: Compliance with the performance standards set
forth in Section 2.4.S(E)(S) (Conditional Use Findings)
shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in the
making of a finding of overall consistency.
A review of objectives and policies of the adopted Comprehensive
Plan was conducted and the following applicable policy was
found:
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P&Z Staff Report
South County Sanitation Conditional Use
Page 7
Policy C-1. 5: The City shall concentrate efforts in the
heavy industrial and undeveloped areas along arterial
roadways in order to provide a better image of the
community. Such efforts should include:
.* enhanced and continuous code enforcement efforts;
* legislation which requires heavy industrial uses to
provide perimeter landscaping of their sites;
* owners of vacant property shall provide a landscaped
appearance of their properties.
While the South Florida Sanitation site is not located on
an arterial roadway, it is in the area that is generally
considered as part of the Congress Avenue corridor. The
applicant has stated their intent to provide perimeter
landscaping around the site. It is important that such
upgrading be provided in order to meet the above stated
policy. Pending the outcome of the Conditional Use
application, site upgrades will be addressed in detail
during the site plan process.
Section 2.4.5(E)(5) (Standards for Conditional Use Actions):
Pursuant to Section 2.4.5(E)(5) (Findings) in addition to
provisions of Section 3.1.1, the City Commission must make
findings that establishing the Conditional Use will not:
A. Have a significantly detrimental effect upon the stability
of the neighborhood within which it will be located; and
B. Nor that it will hinder development or redevelopment of
nearby properties.
This site is bordered by MIC (Mixed Industrial and Commercial)
zoning to the north, south and west, and Seaboard Coastline
Railroad and an industrial zoning designation to the west. The
land use to the north is monument and ornamental stone cutting
(Keystone Creations), temporary construction storage use to the
west, a Plumbing contractor to the south and vacant to the east.
In order to assess the potential impacts of this operation on
adjacent properties, the applicant was asked to provide
specific information on how the mulching operation would be
conducted. The following is a summary of the information
provided.
Nine truck loads daily, twenty eight on Wednesday for a
total of 64 truck loads per week of yard waste will be
brought to the site. The trucks will be emptied on site
in a staging area. The material will be picked up with a
front loader and deposited in a wood chipper. The chipped
product will be expelled into a containment area with
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P&Z Staff Report
South County Sanitation Conditional Use
Page 8
concrete base and three CBS walls of 15' wide 20' long and
8 ' high. The mulch would be available for pick up by the
public between the hours of 9 a.m. and 4 p.m Monday through
Friday. All mulch not given away by the end of the
working day Friday will be loaded in trucks and taken to
the Solid Waste Authority landfill for disposal.
This type of operation raises concerns with respect to noise,
dust, and odor. The following is a discussion of each.
Noise Levels:
The use will generate noise when material is dumped on the
ground, grappled into the chippers and chipped into the
containment area. Additional noise will be generated from
the front end loader when loading mulch for customers.
With the exception of the noise generated by the chipper
all other noises are inherent to most industrial type uses.
Pursuant to Section 99.05 (A) of the City Code of
Ordinances (sound levels of receiving land uses), maximum
decibel levels shall not exceed 60 exterior/45 interior;
and 55 exterior/45 interior for daytime and nighttime hours
respectively. The applicant has indicated that the chipper
will operate during daytime hours only, between 9:00 a.m.
and 5 p.m.
The site is bordered by other noisy industrial uses
including a Stone cutting operation to the north and the
railroad tracks to the east. It is further noted the site
is the heart of an industrial area and approximately 900'
across 1-95 from the nearest residential property.
Dust:
The applicant has indicated in his narrative that dust
control will be provided by a sprinkler application. The
applicant will utilize the existing sprinkler systems which
are installed along the top of the perimeter fencing.
Odor:
Inherent in yard waste is a percentage of non-vegetated
material. The applicant has indicated the yard waste will
be sorted and the non-vegetative garbage will be placed in
a 30 yard dumpster on site. The length of time the
dumpster remains on site is a concern with respect to
odor. It is recommended that as a condition of approval
the 30 yard dumpster be emptied at least once a week and
taken off site. As the landscape material, will not be on
the site long enough for the composting process to
occur, odor associated with the decay of vegetative
materials should be minimal.
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P&Z Staff Report
South County Sanitation Conditional Use
Page 9
Water Consumption:
Dust control by sprinkler system is a concern during
periods of water restrictions. Conflicts between
preservation of water and control of dust will arise.
However if dust control must be curtailed for a short time
no residential areas will be impacted with dust.
While concerns are noted with respect to noise, dust and odor
the proposed mitigation procedures (limited hours of operation,
sprinkler systems, mandatory emptying of non-vegetative waste,
and no long term storage of mulch) would appear to provide
adequate protection. Further, the location of the facility in a
Mixed Commercial and Industrial area far removed from
residential properties would appear to be the most appropriate
location for this use within the City.
Compliance with Land Development Regulations:
Section 4.6.6 (Commercial and Industrial Uses to Operate within
a Building) allows Conditional Uses within commercial,
industrial or mixed use districts to be conducted outside if
visual and other impacts are mitigated. Pursuant to Section
4.6.6 (C) (2) Materials and equipment stored outside must be
screened from view from adjacent public right-of way in a manner
approved by SPRAB.
These regulations create concerns with respect to the
location of the truck storage on the sketch plan. The
storage area is located within the 25' front setback and
10' side interior setbacks. These setback areas must be
utilized for the substantial buffering material which will
be needed to screen the garbage vehicles.
Pursuant to Section 4.6.17(D)(2) developers/owners shall be
required to contain the windblown material within the project
site. While this section relates to erosion control activities
for construction sites it would be applicable to any activity
which would create blowing material. The applicant has
indicated in his narrative that dust control will be provided,
and that the mulched material will be contained within a
walled-in area.
Pursuant to the Section 4.3.3 ( Z) no person shall operate a
resource recovery operation without first receiving a valid
operating permit from the Solid Waste Authority. Accordingly,
LDR Section 4.3.3(Z) requires that a letter from the Solid Waste
Authority accompany the application which states its knowledge
of the proposed facility. A copy of the application to the Solid
Waste Authority has been provided.
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P&Z Staff Report
South County Sanitation Conditional Use
Page 10
Pursuant to LDR Section 4.3.3 a minimum of 25% of the site is to
be in open space (green area). As the majority of the site is
paved this will require removal of some of the existing concrete
slab. This 25% requirement should be provided by
concentrating green areas to the perimeter of the site and
around the proposed truck parking area. These green areas will
also provide area for drainage to meet the site water quality
standards discussed earlier in the report.
Pursuant to LDR Section 4.6.9 (B)(I)(b) adequate off-street
parking must be provided for any new conditional use. Under
Section 4.6.9(C)(5) the parking required for the 6,300 building
is 19 parking spaces. In the narrative the applicant has
indicated that the operation will employee 39 people. Adequate
parking for employees plus vis tors should be accommodated on
site. If the conditional use is approved, a site plan which
includes parking facilities will be required.
OTHER:
Sidewalks:
Pursuant to Section 6.1.3(A) sidewalks are required along both
sides of N.W. 18th Avenue. Given the limited pedestrian need
and the limited length of the street, the Engineering Department
supports a waiver of the sidewalk requirement for this
development.
REV I E W B Y o THE R S:
This proposal is not located in a geographic area requiring
review by either the HPB (Historic Preservation Board) , DDA
(Downtown Development Authority) or the eRA (Community
Redevelopment Agency).
If the Conditional Use request is approved, a site plan must be
submitted for review by the Site Plan Review and Appearance
Board. The site is to be generally consistent with the sketch
plan and conditions of Conditional Use approval.
Neighborhood Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. A courtesy notice has
been sent to Helen Coopersmith ( PROD) , Art Jackel (United
Property OWners) and Jean Miner (Delray Beach Counsel of
Communities).
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P&Z Staff Report
South County Sanitation Conditional Use
Page 11
ASS E SSM E N TAN D CON C L U S ION S:
From a concurrency point of view there are concerns with
provision of adequate fire protection i.e. fire hydrant
installation. In addition, concerns with respect to access
(i.e. status of N.W. 18th Avenue) and extension of sewer mains
are noted.
Compatibility and LDR concerns are noted with respect to noise,
dust and odors. The proposed mitigation procedures (limited
hours of operation, sprinkler systems, and mandatory emptying of
non-vegetative waste and no long-term storage of mulch) would
appear to provide adequate mitigation. Further the location of
the facility in a Mixed Commercial and Industrial area far
removed from residential properties would appear to be the most
appropriate location for this use within the City.
The reuse of this site through the conditional use process also
allows for the imposition of site upgrades as conditions of
approval. These upgrades include a minimum of 25% open space on
the site which will result in substantial perimeter buffer
areas.
A L T ERN A T I V E C 0 U R S E S 0 F ACT ION S:
A. Continue with direction.
B. Recommend approval of the Conditional Use request based
upon positive findings with respect to Section 3.1.1 and
Section 2.4.5(D)(5) (Conditional Use Finding) and policies
of the Comprehensive Plan subject to conditions.
C. Recommend denial of the Conditional Use request based upon
a failure to make positive findings.
S T A F F R E COM MEN D A T ION:
Recommend approval of the Conditional Use request based
upon positive findings with respect to Section 3.1.1 and
Section 2.4.5(D)(5) (Conditional Use Finding) and policies
of the Comprehensive Plan subject to the following
conditions.
1. That a site plan, landscape and engineering plan be
provided which accommodates the following items:
A. A minimum of 25% of open space to be
concentrated around the perimeter of the site
and around the bull pen truck storage.
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P&Z Staff Report
South County Sanitation Conditional Use
Page 12
B. Parking lot which accommodates the 34 employees
and proposed visitors.
C. Extension of a sewer main to the south property
line or acceptable alternative (if sewer main is
not extended by Key Stone Creations).
D. Fire hydrant spacing which meets the required
300' industrial spacing.
2. Restoration of a portion of N.W. 18th Avenue i.e.
removal of shell rock, provision of on street drainage
and possible resurfacing of that portion of the street
covered by the shell rock.
3. That the extent of the use be limited to the
description contained on page 2 of the staff report.
including the following restrictions:
A. No yard waste will be stored on site over the
weekend i.e. all waste must be removed on Friday
of each week.
B. That the mulch pile always be stored within the
15' by 20' by 8 ' high proposed containment area
and that it not exceed 20' wide, 15' long and 8'
high.
C. That the hours of the chipping operation be
limited to Monday - Friday 9 a.m. to 5 p.m.
D. That the 30 yard dumpster for non-vegetative
waste will be emptied and taken to an appropriate
disposal site at least once a week.
E. That the hours of the truck dispatch operation be
from 6 a.m. to 5 p.m. Monday through Friday, and
7:00 a.m. to 12:00 noon on Saturday.
F. Operational compliance with Section 99.05 (Noise
abatement) and Section 4.6.17(D)(2) (Dust
Control).
4. Submission of a traffic study prepared by a traffic
engineer concurrent with the formal site plan
submission.
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Board OKs Del~ay"sTte; . . :D
, Voters fear noise, odor; CD
behind sanitation plan :. tn \
,.,0 ~.
By Jeff Perlman ,..
Staff Writer ~, ...
Dust, noise, and odor. '~' --t
Residents of west Delray will use those three n
buzzwords in a show of force Tuesday, Oet. 26, at 7 _,'
p.m. when commissioners vote on whether to ap- ;., ~
prove a resource recovery facility, a block east of \ II'
Congress Avenue, north of West Atlantic Avenue.
. South Florida Sanitation wants to recycle tree ~ ~
limbs, vegetation and yard waste at a site north of ~
Northwest First Street, between Northwest 18th \.,
Avenue and the CSXRailroad tracks. --
The area is zoned for mixed industrial commer- n
cial. The operation is allowed subject to conditions ) 0
under the city's zoning code. I .,/ .
/'
P&Z recommends approval ,~
The plan was backed, 5-2, by a Planning and Zon- /' <
ing Board vote Monday night. City planners recom- /
mend approval saying residents' fears of dust, noise ;' ,. ~
and odor are unfounded. i \.,
Planner Paul Dorling says South Florida Senita- " (~'
tion will make much- needed improvements to a site - .
that was used as a concrete factory. He says there is .
no odor risk at the site and dust will be rontained at
the facility. i
But those assurances were not. enough for nearly ....
100 west Delray residents who booed the Planning ,,1\
and Zoning Board for recommending the project to ~
commissioners. Residents promised to lobby rom- n
missioners this week and pack City Hall for a final
vote Tuesday night. "' _.
Helen Coopersmith, president of the Pro'gTessive
Residents of Delray, is leading the fight. She says _.
western communities will be subject to loud noises .-.a..
from a chipper, which turns waste into mulch, and -..-
will also suffer from dust particles and odor. She ~
called the resource recovery facility a politically ~
correct term for a garbage dump, a charge city staff
and South Florida Sanitation strongly deny. · 0
The plan
South Florida Sanitation plans to use 14 trucks to, _
collect yard waste in unincorporated areas. The ~, ~
vegetation will be returned to the Delray site and 1 J
. made into mulch that will be available to the public: ~
free of charge. The company will be open from 68.m. ._....
to 5 p.m., but promises not to use the chipper before .---- .---- - . . ,..
9 a.m. or after 4 p.m. Chipping will not take place on a..
weekends.
"We think this will be good for us and good for . 3
you," says Randy Strickland, general manager of I
South Florida Sanitation referring to the free mulch. ~
But many residents object to the facility because it ~
will serve only county residents. City resident.s have '-'
their yard waste picked up by Waste Management. _ ..
Some nearby businesses oppose the facility be- .-V
See FACILITY on Page 4
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERD/V)
SUBJECT: AGENDA ITEM it qF - MEETING OF OCTOBER 26. 1993
CONDITIONAL USE APPROVAL/BINGO HALL
DATE: October 221 1993
We have received a request for conditional use approval from the
Mul tiple Sclerosis Foundation to establish a bingo hall wi thin the
Delray Square Shopping Center (Phase II)I located on the east side of
Military Trail, north of West Atlantic Avenue.
The proposal is to establish a 240 seat bingo facility within a 6/000
square foot bay located at the northeast corner of the shopping center
in the former Phar-Mor Liquor Store bay. The initial hours of
operation will be Wednesday through Sunday I from 4:00 P.M. to 11:30
P.M.
The Planning and Zoning Board at their October 18th meeting
recommended approval, subject to conditions. A detailed staff report
is attached as backup material for this item.
Recommend approval of the request for conditional use approval from
the Multiple Sclerosis Foundation to establish a bingo hall within the
Delray Square Shopping Center (Phase II)I subject to the conditions
recommended by the Planning and Zoning Board.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: Q~~V~S~~OR
DEPARTMENT OF PLANNING AND ZONING
FROM: COSTELLO
SUBJECT: MEETING OF OCTOBER 26, 1993
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH
A BINGO HALL WITHIN THE DELRAY SQUARE (PHASE II)
SHOPPING CENTER, ON THE EAST SlOE OF MILITARY TRAIL,
APPROXIMATELY 650' NORTH OF WEST ATLANTIC 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
bingo hall within the Delray Square (Phase II) Shopping
Center, which is zoned PC (Planned Commercial).
The proposed use is to be located within the former
Phar-Mor Liquor Store bay, which is located at the
northeast corner of the Delray Square (Phase II) Shopping
Center.
BACKGROUND:
The proposal is to establish a bingo facility for the benefit of
the Multiple Sclerosis Foundation, Inc. within a 6,000 sq. ft.
bay located at the northeast corner of the shopping center. The
proposal involves interior improvements to accommodate 240
persons. There are no exterior alterations proposed with this
conditional use request. The initial hours of operation will be
Wednesday thru Sunday - 4:30 P.M. to 11: 30 P. M . with three (3)
sessions daily: 6:00 P.M. to 7: 00 P. M. (Early Bird); 7:00 P.M.
to 9:00 P.M.; and 9:00 P.M. to 11:30 P.M. There will be a
staff consisting of 8-10 employees and volunteers.
The bingo hall will not have an adverse impact on surrounding
properties. As there is sufficient parking on the site and the
bingo facility will be limited to evening hours, there should be
no conflict with other tenants/uses in the shopping center. An
analysis of the request is found in the attached Planning and
Zoning Board Staff Report.
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City Commission Documentation
Meeting of October 26, 1993
Bingo Hall at Delray Square (Phase II) Shopping Center
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of October 18, 1993, the Planning and Zoning
Board held a public hearing in conjunction with review of the
request. There was no public testimony regarding the proposed
use. After reviewing the staff report, the Board voted 7-0 to
recommend that the Conditional Use request be approved.
RECOMMENDED ACTION:
By motion, approve the Conditional Use request to establish a
bingo hall subject to the findings as recommended by the
Planning and Zoning Board.
Attachment:
* P&Z Board Staff Report & Documentation of October 18, 1993
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PLANNING AN[ ZONING BOARC
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: OCTOBER 18, 1993
AGENDA ITEM: IV.B.
ITEM: CONDITION USE REQUEST TO ALLOW THE ESTABLISHMENT OF A BINGO HALL
AT THE DELRAY SQUARE SHOPPING CENTER
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GENERAL DATA:
Owner....................Delray Square Limited Partnership
Applicant................Cody Garden, Executive Director
Multiple Sclerosis Foundation, Inc.
Location.................East side of Military Trail,
approximately 650' north of West
Atlantic Avenue.
Property Size............6,000 sq.ft. (Bingo Hall)
21.32 acres (Delray Square Shopping
Center - Phase II)
City Land Use Plan.......General Commercial
City Zoning..............PC (Planned Commercial)
Adjacent Zoning...North: GC (General Commerical), AG
(Agricultural) and AR (Agricultural
Residential - Palm Beach County)
East: POC (Planned Office Center)
South: PC and GC
West: CG/SE (General Commercial/Special
Exception - Palm Beach County)
Existing Land Use........Vacant Bay within existing retail
center.
Proposed Land Use........Establishment of a bingo hall in a
6,000 sq. ft. bay.
Water Service............Existing on-site.
Sewer Service............Exlsting on-site. n.B.
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I T E M B E FOR E THE BOA R 0 :
The action before the Board is that of making a
recommendation to the City Commission on a Conditional
Use request to establish a bingo hall, within the
former Phar-Mor Liquor Store bay of the Delray Square
Shopping Center.
The subject property is located on the east side of
Military Trail, approximately 650' north of West
Atlantic Avenue, at the east end of the Delray Square
Phase II Shopping Center.
B A C K G R 0 UNO :
This property has an extensive land use history which dates back
to 1976, at which time a Water Service Agreement was approved
between the City of Delray Beach and Delray Square Associates,
Ltd. , for the City to provide water service to the Delray Square
shopping center.
Phase I of Delray Square (Publix, Movie Theatre) was constructed
in 1976. Phase II (Zayre/Ames) was constructed in 1987, with
the east portion of the shopping center (Phar-Mor) being
constructed in 1989.
On October 24, 1989, the Subject property was annexed into the
Ci ty of Delray Beach with a zoning designation of GC (General
Commercial). With the Citywide rezoning of 1990, the Delray
Square shopping center was rezoned to PC (Planned Commercial).
There have been site plan modifications processed for Delray
Square which include minor additions and alterations to the
shopping center.
On September 3, 1993, a Conditional Use request to establish a
Bingo Hall within the Delray Square (Phase II) shopping center
was submitted and is now before the Board for action.
PRO J E C T DES C RIP T ION :
The proposal is to establish a bingo facility for the benefit of
the Multiple Sclerosis Foundation, Inc. within a 6,000 sq. ft.
bay located at the northeast corner of the shopping center. The
vacant bay was previously occupied by Phar-Mor Liquor Store.
The proposal involves interior improvements to accommodate the
following:
* 240 seats (12 tables w/chairs)
* Concession Stand
* Sales Desk/Office
* Caller Box
* Restroom Facilities
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P & Z Board Staft Report
Delray Square Bingo Hall - Conditional Use Approval
Page 2
Food preparation (e.g. cooking) will not be conducted on
the premises nor will alcoholic beverages be served.
However, catered food and refreshments will be available.
The initial hours of operation will be Wednesday thru Sunday -
4:30 P.M. to 11:30 P.M. with three (3) sessions daily: 6:00 P.M.
to 7:00 P.M. (Early Bird) ; 7:00 P.M. to 9:00 P.M. ; and 9:00
P.M. to 11:30 P.M. There will be a staff consisting of 8 - 10
employees and volunteers. There are no exterior alterations
proposed with this conditional use request.
CON D I T ION A L USE A N A L Y S IS:
CHAPTER 3 (REQUIREO 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
mus t 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 district and the zoning district
must be consistent with the land use designation.
The subject property has a Land Use Plan designation of General
Commercial and a PC (Planned Commercial) zoning designation.
The PC zone designation is consistent with the General
Commercial land use plan designation. Pursuant to Section
4.4.12(D)(2), within the PC zone district, assembly for
commercial entertainment purposes (bingo hall) 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 of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
The proposal is to occupy a vacant bay within an existing
shopping center. Adequate water and sewer services, as well as
drainage retention areas, were provided with development of the
shopping center and are existing on-site. The proposed use will
not have an impact on the City's ability to provide adequate
levels of service with respect to water, sewer, drainage, solid
waste, and parks and open space. With respect to traffic
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P & Z Board Staff Report
Delray Square Bingo Hall - Conditional Use Approval
Page 3
concurrency, a traffic study was submitted projecting that the
6,000 sq. ft. bingo hall will have a net reduction in trip
generation of 796 trips per day compared to the previous retail
use. The site is vested for the higher trip generation level
(retail - 1,218 trips per day). Based upon the above, a
positive finding can be made with respect to Concurrency.
I CONSISTENCY: I (Compliance with performance standards set forth
in Chapter 3 and required findings in Section
2.4.S(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 no applicable objectives or
policies were found.
SECTION 2.4.S(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.S(E)(S) (Findings), in addition to
provisions of Chapter 3, the City Commission must make findings
that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located;
B. Nor that it will hinder development or redevelopment of
nearby properties.
As the proposed use will occupy a vacant bay which is internal
to the Delray Square Phase II Shopping Center, there will be no
impacts on adjacent properties.
With respect to the adjacent tenants, the existing shopping
center contains a large number of parking spaces and has a high
vacancy rate. There is an adequate number of parking spaces in
the general vicinity of the subject bay to accommodate the bingo
hall as well as other tenants. The demand on parking will not
be significant as the bingo sessions are limited to evening
hours, when many of the adjacent tenants are closed.
The proposed use will not hinder development or redevelopment of
nearby properties. The use may help to attract other businesses
into the center, which has had difficulty attracting tenants to
occupy the large number of vacant bays.
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P & Z Board Staff Report
Delray Square Bingo Hall - Conditional Use Approval
Page 4
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
With the Conditional Use request, a floor/sketch plan was
submitted and reviewed by staff. Upon staff review of the floor
plan, comments were pro v ided which must be addressed with the
plans submitted for building permit review. For record
purposes, these items are attached in a technical memorandum.
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.
The proposal involves an existing commercial bay with only minor
exterior modifications to the bay front which may not require
review and approval by the SPRAB (Site Plan Review and
Appearance Board).
Special Notice:
Special Notice has been provided to Progressive Residents Of
Delray (PROD) , United Property Owners, Delray Beach Council of
Communities, and the tenants of Delray Square (Phase II)
shopping center.
Public Notice:
Formal public notice has been provided to property owners within
a 500 ft. radius of Delray Square, Phase II. 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 proposed use is not inconsistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development
Regulations. As there is sufficient parking on the site and the
bingo facility will be limited to evening hours, there should be
no conflict with other tenants/uses in the-shopping center.
Establishment of this use will require internal modifications to
the commercial bay. With review of the building permit
application, additional requirements may be imposed.
A L T ERN A T I V E ACT ION S .
.
1. Continue with direction.
2. Recommend approval of the Conditional Use request for a
bingo hall based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(E)(5)
(Compatibility) of the Land Development Regulations, and
the policies of the Comprehensive Plan.
'.
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P & Z Board Staff Report
Delray Square Bingo Hall - Conditional Use Approval
Page 5
3. Recommend denial of the Conditional Use request for a bingo
hall based upon a failure to make positive findings with
respect to Section 2.4.5(E)(5) (Compatibility) of the Land
Development Regulations.
R E COM MEN D E D ACT ION :
Recommend approval of the Conditional Use request for a bingo
hall based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E)(5) (Compatibility)
of the Land Development Regulations, and the policies of the
Comprehensive Plan without conditions.
Staff Report prepared by: Jeff Costello, Planner
Report reviewed by DJK on: 10/13/93
Attachments: Memorandum re: Technical Items
Location Map
Site Plan
Floor Plan
JC/T:aXNGO.DOC
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MEMORANDUM
TO: PLANNING AND ZONING BOARD MEMBERS
FROM: JEFFREY A. COSTELLO
PLANNER
RE: DELRAY SQUARE BINGO HALL - TECHNICAL ITEMS
DATE: OCTOBER 13, 1993
With the Conditional Use request to establish a bingo hall at
the Delray Square (Phase II) Shopping Center, a floor/sketch
plan was submitted and reviewed by staff. Upon staff review of
the floor plan, the following technical comments are provided.
These comments must be addressed with the plans submitted for
building permit review.
1- Indicate the type of building construction and fire
protection features per table 400 of the Standard
Building Code for proposed small assembly occupancy
evaluation.
2. Alterations will need to be made to meet the required
two (2) hour fire rated occupancy separation, between
the bingo hall and the adjacent tenant. In addition,
alterations necessary to meet the requirements for
"New Class B Places of Assembly" will need to be made.
3. Provide calculations used for determining the occupant
load.
4. Indicate handicapped parking spaces and accessibility
to the building/bay. With the conversion to assembly,
four (4) additional handicap stalls are required.
5. Install a reduced pressure backflow preventer on
customer side of water meter.
In addition, with the submittal of the building permit
application, a detailed floor plan prepared by a registered
architect will need to be provided for the interior
modifications to the commercial bay. Once the details are
reviewed, additional requirements relating to utilities,
building code and fire code items may be imposed.
'.
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE :<V~ l~t .:\'\ l' . UELRAY BEACH, FLORIDA 33444
I ~ ,l \ll I [. ~ . ,-\- -~ 7::: 5 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: October 5, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Pension Settlement Agreement - Direction to Proceed
with Ordinance Chanqes to Implement Aqreement
Our office recently sent you a copy of the attached agreement
for your review. As previously stated, we anticipate Union
ratification to occur on October 8, 1993. The Pension Board is
anticipated to act to approve the Agreement at a Special
Meeting on October 11, 1993; to rescind its vote to litigate
against the City; and reduce the salary assumption to 7% or
less, effective retroactively to September 30, 1993.
In anticipation of the aforementioned events occurring, our
office is placing the attached Agreement before you for your
formal consideration. The Commission, if the Agreement is
approved, should also direct that appropriate ordinances be
drafted to implement the Agreement.
By copy of this memo to David Harden, our office requests that
this Agreement and direction to proceed with the necessary
ordinances to implement the Agreement be placed on the City
Commission agenda of October 12, 1993.
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cc David Harden, City Manager
pension4.sar
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r"~~y DF DELRRY BERCH
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en \ ATTORNEY!S OFFICE . ; J'\:\': bL.:.': iL F L(:I,Il,":\ ~:-~~~
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: October 5, 1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Pension Settlement Agreement - Direction to Proceed
with Ordinance Changes to Implement Agreement
Our office recently sent you a copy of the attached agreement
for your review. As previously stated, we anticipate Union
ratification to occur on October 8, 1993. The Pension Board is
anticipated to act to approve the Agreement at a Special
Meeting on October 11, 1993; to rescind its vote to litigate
against the City; and reduce the salary assumption to 7% or
less, effective retroactively to September 30, 1993.
-
In anticipation of the aforementioned events occurring, our
office is placing the attached Agreement before you for your
formal consideration. The Commission, if the Agreement is
approved, should also direct that appropriate ordinances be
drafted to implement the Agreement.
,~'copy of this memo to David Harden, our office requests that
this Agreement and direction to proceed with the necessary
ordinances to implement the Agreement be placed on the City
Commission agenda of October 12, 1993.
-----,~ -"
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, ,[ITY DF ,UlAY BEAI:~,. .." I' l/;
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~ITY 'A ffORtJ(y S OFFICE' ' ~:':\: ~~~'IJJ~( :\\~r :'~~'I: _~ n"LRAY ~ACIl, FLOR:D.\ ,;~~" . << ~
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(407) 243-7091
MEMORANDUM
DATE: October 1, 1993
TO: City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Pension Settlement Agreement
The Pension Board has scheduled a Special Meeting for October
ll, 1993 to consider the attached Agreement resolving Extra
Benefit Issues. At their meeting, it is anticipated that they
will act to reduce the salary assumption from 8.5% to 7% or
less, retroactive to September 30, 1993i rescind thejr previous
vote to sue the City over the Extra Benefits IssUei and to
approve the Agreement. The attached Agreement has been
reviewed by our office, our Labor Counsel and Steve Cypen for
the Pension Board and has been found acceptable. The unions
have met informally to discuss the agreement and in concept
there appears to be an excellent chance of their accepting the
Agreement.
At the present time, it is anticipated that the unions will
vote on the Agreement on October 8, 1993 to formally ratify it.
As previously stated, the Pension Board, at the present time,
is scheduled to meet October ll, 1993 to act on the Agreement
and the salary assumption. It is our intent at this time to
place the Agreement on your October 12, 1993 meeting agenda for
City Commission consideration.
The purpose of this memorandum is to update you on the matter,
and give you a chance to review the Agreement. It is unknown at
this time, whether the attorneys for the unions will make any
changes in the Agreement. If this occurs and they are
substantive, we will bring the matter to your attention. If
you have any questions regarding this matter, please do not
hesitate o contact me.
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pension2..sar
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<,I.)' l\GREEHENT ..<.'," iF . If;)i .
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The City of Delray Beach (City) , Board of T:rustees of the
city of Delray Beach Police Officers and Firefighters Retirement
System (Board), Professional Firefighters of Delroy Beach, Local
1842, IAFF (IAFF), and the Police Benevolent ^ssociation (PEA),
enter into this Agreement to resolve all issues related to the
use of insurance premium tax revenues in connection with the city
of Delray Beach Police Officers and Firefighters Retirement
System.
1. "DROP" Plan -- The City, IAFF and PB1"\ agree that
effective January 1, 1994, the city will institute ~_Deferred
Retirement Option Plan ("DROP") in conjunction with the police/
firefighter pension plan. Plan members with at least 20 and not
more than~ years of credited scrvice may elect to participate
---..--..:
in the DROP by providing at least 30 days advance written notice
to the Board. On the effective date of the emplo/ee'S election,
the employee will stop making contributions to the pension plan,
and the city's contributions on behalf of the employee will also
stop. 'l.'ha amployee will "retire" for purposes of the pension
plan, but will continue city employment for up to five years from
the effective date of the employee's election; provided, that if
at the effective date of the employee's election there are less
than five years before the employee attains 30 years of service
as a City police officer/firefighter, the employee may
participate in the DROP only until 30 years cf service L5
attained. The employee's normal retirement benefit, calculated
,
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in aC.r\il~aJce with the p~'tn)tia"r will be p~fi#O '\ separate. ~..it
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t \ i 'tt D ap~Ci1Dun1:_on1=-h~il I' s b Rall dllrJ.ng plrtlcipa'ti~ .r 1l1the
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DROP. The DROP account will be credited with interest equal to
the overall net rate of return on pension fund Dsscts during the
DEOP period. At the conclusion of the DROP period and as a
condition of participating in the DROP, the employee will retire
and leave City employment. The employee will continue to receive
a normal retirement benefit calculated in accordance with the
penslon plan based on average monthly earnings and credited
service as of tl1(~ effective date of the employee's election to
participate in the DROP. The elnployee t s DROP account will
thereafter be distributed in accordance with the--_E.1an and
applicable IRS regulations.
2. Early Retirement Incentive -- The City, PBA and IAFF
agree that the police/firefighter pension plan will be amended
---.....
---- -----
to provide an early retirement incentive for plan members with
18 or more years of credited service. The incenti/e would be the
addition of two years of crodited service in the calculation of
the pension. Eligible members would be given an opportunity to
decide within a limited time period (30 to 90 days) whether they
wish to retire. The early retirement incentive could be offered
on a year-to-year basis as determined by the city, and may not
be offered every year. The City will provide at: least 60 days
advance notice of each "windO\-l1l option period. An employee who
elects to exercise the "\-:indo\y" option cannot also participate
in the DROP.
2
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, " 3 , Ret~"J:,'" e,pl"e,Il t" Be,' nefi t Enh,~\~fepleh,..t -- The ci ty tJrJ"". AFJ~ <,anp, J- ~
,1#' j , ,,'. ," t, '"... ,--' ,.., ~ _, ~..~ ' " , "
'.:: "tI~ " .~B~ ,a 9 'ie,e ~haf ~f f e<>\i v"tJ "l'~a(y". ~ 9 < f ~ht p"'-'ce' 1ti ~fi9~eer 1 i, l
panslon plan ;,.:ill. be amended to pl-ovide an al1nuLll lncrease ~n
benefits for eligible retirees of between one percent and four
percent, payable on October 1, based on the amount of insurance
premium tax revenues received by the City for the preceding plan
year pursuant to Chapters 175 and 185, Florida statutes.
"Eligible retireesl! are those \-,ho retire Bfter 9/30/93 whose date
of hire as a City police officer/firefighter is 25 or. more years
prior to the benef it enhancement date. A minimum benefit
increase of one percent per year will be provided, regardless of
the amount of premium tax revenues received. To the extent
--
annual premium tax rovenues exceed the current amount ($504,922),
the annual one percent minimum adjustment will be increased in
increments of one-tenth of one percent, based on the actuary's
--
--------- ----
determination that the amount of the excess premium tax revenues
is sufficient to fund the benefit increase on In actuarially
sound basis. The maximum amount of the total annual benefit
increase will not exceed four percent, regardless of the amount
of premium tax revenues received. ri'he annual benefit increase
provided under this paragraph shall be compounded annually (i.e.,
the increase shall be based on the benefit received by plan
members at the end of the preceding plan year).
4. nieabili ty Benefits -- The current assumption for
disability retirements is that five plan members would retire
with disabilities during the ten year period ending October 1,
3
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, l"l(nt ,HOW~"""" ttve ~v~'ac;taLJ.~ ~ diS<t>J\'ty fet!"rebnts , ·
. ~ ,
during that ten year period. The actuary has stated that the
recent ten year disability experience is cause for concern. The
assumed level of disability retirement will have to be increased
unless steps are taken to reduce the rate of future disability
retirement and/or disability benefits. The City, IAFF and P13A
agree that the issue of disability retirement shall be addressed
through the Labor Managelnent Committee format commencing January
1 f 1994.
5. Pension Issues Removed from Collective Bargaining --
The city, IAFF and PBA agree that pension benefits wl~l not be
subject to the collective bargaining process in the future and
that this agreement shall be binding on their successors and
assigns; provided, should premium tax revenues cease, the
~
retirement benefit enhancement referred to in paragraph 31 above,
/
will be subject to reopener negotiations. I
6. salary Increase Assumption -- The Board agrees that the
current salary increase assumption will, based upon the
recommendation of the plan actuary, be reduced to a maximum of
seven percent (7%) effective for the year ending September 301
1993. It is understood that this Agreement shall not become
effective unless and until the salary increase assumption is
changed as provided in the preceding sentence. The salary
increase assumption is subject to change in future years based
on the plan actuary's recommendation that a change is necessary
in light of actual experience.
4
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l Jt< t. p~acement cf prelllium;T~X Revenues -~Al'-~rtics agree* <I;jl
, ",' ' , " , ," "" " , " t ~,
. l,.;-'l:.~~~'!a~'ie Jte~/~:".{" J;eni.es."'crf~~ fll~ . ty..lur~qa!". ,. ( ·
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to Chapters 175 and 185, Florida statutes shall continue to be
placed ~n and become an integral part of the existing police/
firefighter pension fund for the sole and exclusive use of plan
members and beneficiaries, and shall not hereafter be used for
any other purpose.
8 . Release of Claims -- The parties agree that this
Agreement resolves all issues related to the use of insurance
premium tax revenues in connection with the police/firefighter
pension fund. The Board, IAFF, and PBA hereby release, acquit,
satisfy and forever discharge the city, its agents~nsurers,
employees, successors and assigns from any and a]l manner of
legal action, causes of action, suits, grievances, claims and
demands of any kind, including but not limited to suits under
---=:::::---
Chapters 175 and 185, Florida statutes, pertaining to the police/
firefighter pension plan and the past, present an~ future use of
Chapter 175/185 insurance premium tax revenues in connection with
the plan, provided the city continu8s to comply w).th the terms
of this Agreement. This ralease of claims is binding upon the
Board, IAFF and PBA, their agents, employees, members, successors
and assigns.
9 . Effeotive Date of Agreement -- This Agreement shall take
effect when approved by all parties and by ~ majority of police/
firefighter pension plan members, except as otherwise expressly
provided herE:in.
5
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> ,,-f! -.J/c:,: ,Severab~l~~tl ,;j,~hOUld anY~l;O",l'~p~ or 'fJart~.f. _.~ ' . " · _ ','
'N.. .~" t'" "I t" lh' - " " ", ~ t" .~ ~., tl 1', j
· l\- fl\ eement.. e4'q.eclalJed' illega~, "validfor une~f'orcea'ble y a ·
court of competent jUl-isdiction, the remaining parts and
provisions shall have no force and effect unless otherwise
mutually agreed by the parties.
CITY OF DELP~Y BEACH
Date
BOARD OF TRUSTEES OF THE CITY OF
OF DELRAY BEACH POLICE OFFICERS
AND FIREFIGHTERS RETIREMENT SYSTEM
--
Date
PROFESSIONbL FIREFIGHTERS OF
DELRAY BEA~ LOCAL 1842, IAFF
Date /
POLICE BENEVOLENT ASSOCIATION
Date
Approved by a majority of pOlice/firefighter pension plan
members on
2/261d/hhp
6
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM it q\-t - MEETING OF OCTOBER 26. 1993
HOLIDAY PARADE
DATE: October 22, 1993
This item is before you to approve the request from the Chamber of
Commerce for a special event permit in conjunction with the Holiday
Parade to be held December 11, 1993 and to consider waiving $374 in
police overtime costs.
Because of budget constraints, staff is recommending denial of the
waiver of police overtime costs.
Recommend approval of the special event permit for the Holiday Parade,
to be held on December 11, 1993, and denial of the request for waiver
of police overtime costs.
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Agenda Item No.
AGENDA REQUEST
Date: 10/19/93
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 10/26/93
Descriptlon of agenda item (who, what, where, how much) :
Chamber of Commerce is requesting that City Commission waive Police overtime
costs of approximately $374.00 for the Holiday Parade which is scheduled for
17/11jq1.
ORDINANCE/ RESOLUTION REQUIRED: Y2S/NO Draft Attached: YES/NO
Recommendation: -z.C-D~ e..v~ ~....e
Department Head Signature: /'?O~/1'~L~<-"-C~
Determination of Consistency with Comprehensive Plan: AJ/A-
City Attorney Review/ Recommendation (if applicable) : AJ/h
Budget Director Review (required on all items involving expenditure
of funds) :
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO lJ1V)
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
'.
[ITY OF DELIAY BEAEH
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
......
..IIIcaClly
" II'~
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager ~
SUBJECT: Agenda Item #~~I City Commission Meeting 10/26/93
Waiver Request Police Overtime - Holiday Parade
DATE: October 19, 1993
ACTION
City Commission is requested to review a request from the
Chamber of Commerce to waive Police overtime costs approximately
$374.00 for the Holiday Parade which is scheduled for 12/11/93.
BACKGROUND
The Chamber of Commerce has received a parade permit and an
application has been submitted to D.O.T. for temporary road
closing, and contact has been made with the Coast Guard and
F.E.C. Railroad. The Chamber is requesting a waiver of the
Police overtime associated with this event. Eleven of the 18
officers needed would be on overtime pay at a cost of $374.00.
RECOMMENDATION
Staff recommends denial.
RAB:kwg
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
'.
10/01/g3 01:45 407 278 0555 D B CHAMBER OF Cm~~~ERCE PAGE 02
" .
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~ AS OCT 04 1993
~~~f R>~~~
September 30, 1993
Mr. Dave Harden
City Manager
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Dave:
The Chamber would again like to contract with the City to
organize and carry out the annual Holiday Pageant Parade which is
scheduled for December 11, 1993. The parade should begin
promptly at 6:00 p.m.
Also, would you ask the Engineering Department to apply for the
D.O.T. permit, "Request for Temporary Closing of State Road." We
have already sent our normal letters to the Coast Guard and to
the FEe with information on the parade.
We appreciate the cities assistance in defraying some of the
costs of this activity and we will submit our request for the
$3,000 after the event. We have also just received the parade
permit approval by the Police Department and we noticed that they
are now charging for overtime and clean-up. Please accept this
request to waive these charges for the Parade.
Dave, just to bring you up to date, we believe that the Joint
Venture will become the official coordinator of the event for
1994 and beyond. We think that is appropriate. It keeps the
Chamber involved in the parade while transferring official
coordination of the event to our organization directly
responsible for Downtown promotion.
Sincerely,
",--~ -
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William J. Wood
President
hpharden.93
64 S,E, FIFTH AVENUE, e DELRf\\' BE/LH 'cC:.,.i
407 /278-0421.1 ~ F'J\" 4:::,7
--- CharnOf;r Accreditee! '-;'f {,,' -'"!,.-:-
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DELRAY BEACH
f lOll I D "
Delray Beaeh Poliee Department tdltd
A11.America City
300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , III I,;
(407) 243-7888 Fax (407) 243-7816
1993
MEMORANDUM
TO: Assistant City Manager Robert Barcinski
FROM: Lieutenant Lennis L. Gillard oJ~
Special Operations
THRU: Chief Richard G. Overman ~
DATE: October 9, 1993
SUBJECT: HALLOWEEN AND HOLIDAY PARADES
The Halloween Parade route will be the same as last year and will require the
same coverage of nine (9) officers at a minimum of two (2) hours overtime. This
will bring the cost to $306.00 for eighteen (18) manhours.
The Holiday Parade route will also require the same coverage as last year, with
a total of eighteen (18) officers. Eleven (11) will be on an overtime basis with a
two (2) hour minimum, which will bring the cost to $374.00 for twenty-two
manhours.
If you require further information, please feel free to contact me at 243-7865.
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MEMORANDUM I
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TO: MAYOR AND CXTY COMMISSIONERS I
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FROM: CITY MANAGER F'(L I
l
SUBJECT: AGENDA ITEM i 9~ _ MEETING OF OCTOBER 26. 1993
SUBSTITUTE ORDINANCE NO. 51-93
DATE: October 22, 1993
This item is before you to approve substitute Ordinance No. 51-93
which amends the Land Development Regulations by amending Section
4.4.13, "Central Business (CBD) District", by adding "wash
establishment for vehicles" as a conditional use within the zone
district, subject to certain conditions.
At the October 12th regular meeting the public hearing was opened on
closed on Ordinance No. 51-93. Final action was continued to this
meeting.
Recommend approval of Ordinance No. 51-93.
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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 ESTABLISHMENT
FOR VEHICLES" AS A CONDITIONAL USE WITHIN THE ZONE
DISTRICT, SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section l.l.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of August 16,
1993, and forwarded the change with a recommendation that it not be
adopted; and,
WHE REAS , 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:
..!lll Wash establishment, with automatic/mechanical
systems only, for vehicles, except that such use
shall not be located east of the Intracoastal
Waterway or on lots which front along Atlantic
Avenue. Further, this use must be established
on property with a minimum lot area of 20,000
sq. ft.
Section 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.
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Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
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.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 51-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
-
TO: DAVID T. HARDEN, CITY MANAGER
-- ~ """'\
\~ . \, '~" .-( -. .',-- '
.-----..........-'..... .,~._..~. '-~---........._-- ,,-" .'. -,
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER 28, 1993
FIRST READING: LDR AMENDMENT RE CAR WASH FACILITIES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval, on first reading, of an ordinance which amends
the LDRs by adding "car wash facilities and establishments"
as a conditional use in the CBD Zone District.
B A C K G R 0 U N D:
This item was before the City Commission on September 14th for
first reading. At that time, direction was given to redraft the
proposed ordinance and include more limiting criteria e.g.
- minimum lot size, perhaps 20,000 sq.ft.;
- the use to be accommodated as the only use on the
designated property.
Subsequent to the Commission meeting another suggestion was made
that such facilities be limited to those which are automatic/
mechanical. Thus, custom facilities (hand washing) and the
manual "wand" facilities would not be allowable.
Please review the documentation of September 14th for the basis
upon which a modification to the LDRs is justified.
A N A L Y S I S o F L I M I TAT ION S
The initially proposed text is as follows:
Wash establishment 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.
The locational limitation is the same as currently exists for
gasoline stations in the CBD Zone District.
..
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City Commission Documentation
First Reading: LDR Amendment Re Car Was Facilities
Page 2
~-
Proposal re minimum lot size: There does exists, in all zoning
districts a minimum requirement for gasoline stations of a
15,000 sq. ft. lot. Thus, apply a minimum lot size for a car
wash facility in the CBD (or Citywide) is possible. Of the two
existing car wash facilities in the CBD, one is @ 14,045 sq. ft.
and the other is in excess of 40,000 sq. ft.
Proposal as the "only" use of property: The effect of this
proposal is two-fold. First, it would mean that a vehicle wash
establishment could not conduct ancillary uses e.g. oil change,
tire repair, sale of auto parts, convenience store outlet. The
other is that a vehicle wash establishment could not be part of
a site (property) with other uses. Thus, a hand wash
(detailing) operation could not be accommodated in a "bay" of
the structure; nor, could a wash establishment be a part of a
larger center e.g. with a muffler shop, brake shop, repair
center, etc.
With respect to "hand washes" (detailing), this use is presently
conducted within the CBD. The continuation of the use is a
subject which is being addressed by a special ad-hoc
committee of the P&Z Board, CRA, and DDA. Its prohibition,
through this proposed limitation, would not affect the work of
the special ad-hoc committee.
However, there is a conflict between this "only" provision and
the definition of "service station" wherein a car wash is
considered adjunct. Thus, service stations would be able to
petition for the addition of a car wash regardless of the
disposition of the item ~urrently before the Commission.
Proposal as to "automatic/mechanical" facilities only: This
limitation would not allow "hand washing" (detailing) nor the
manual (wand) systems. Thus, The Grove Car Wash would remain as
non-conforming. The Express Car Wash would become conforming
and would be allowed to petition for expansion.
ASS E SSM E N T & CON C L U S ION S
Given the above analysis, the Director suggests the following:
1. that a minimum lot size is an appropriate limitation;
2. that a limitation as an "only" use creates one apparent
conflict (with service stations) and may create others - it
is not suggested as a limitation;
3. that restriction to automatic/mechanical system is an
appropriate limitation;
4. that the currently suggested geographic limitation is
appropriate;
5. this subject may be explored further by the special ad-hoc
committee (P&Z, CRA, DDA).
"
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City Commission Documentation
First Reading: LDR Amendment Re Car Was Facilities
Page 3
-
Thus, the suggested language is now as follows:
Wash establishment, with automatic/mechanical systems only,
for vehicles, except that such use shall not be located
east of the Intracoastal Waterway or on lots which front
along Atlantic Avenue. Further, this use must be
established on property with a minimum lot area of 20,000
sq. ft.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not reviewed this subject,
other than when the initial language was before them. At that
time the Board recommended that the use not be accommodated in
the CBD Zone District. Since that recommendation was in the
negative, the more restrictive language has not been taken
before them (i.e. assumed they would continue with a
recommendation of not to include).
R E COM MEN D E D ACT ION:
By motion, approval of an ordinance, which enacts the language
as recommended herein, on first reading.
Attachment:
* Ordinance by others.
DJK/CCWASH2.DOC
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER _,
FROM: WILLIAM H. GREENWOOD /!!)4(~}
DIRECTOR OF ENVIRONMENTAL SERVICES
DATE: OCTOBER 19, 1993
SUBJECT: EAST ATLANTIC AVENUE BEAUTIFICATION PROJECT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
This is to request placement on the agenda of October 26, 1993
for a presentation by Gee & Jenson to the City commission of
their conceptual plan for the East Atlantic Avenue Beautification
Project.
As you know, the East Atlantic Avenue Beautification task team
has met on several occasions (see attached summaries), to define
the project and provide input to the consulting firm.
Gee & Jenson at their meeting of October 18, 1993 presented their
conceptual plan, reviewed a preliminary budget and discussed
various project constraints. After review and discussion, the
consultants were to go back and make the appropriate
modifications in preparation for public presentation to the City
Commission. This presentation is expected to take about 10 to 15
minutes, allowing for Commission input.
FOllowing this meeting and with direction from the Commission,
the consulting firm is to begin the contract document phase in
anticipation for construction to begin on or about April 18,
1994.
JA:kt
Attachments
cc: Ralph E. Hayden, P.E., City Engineer
File: 93-68 (D)
JADH1019.KT
CfJ
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Agenda Item No.:
AGENDA REOUES~
Date: October 19. 1993
Request to be placed on:
--A-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 26. 1993
Description of item (who, what, where, how much): Staff reauest placement on the
October 26 Citv Commission Aaenda for a presentation bv Gee and Jenson on the
East Atlantic Avenue Beautification Pro;ect. The purpose of their oresentation
is to present to the Citv Commission their conceotual plan for the
beautification of East Atlantic Avenue. In addition. thev are to present and
discuss the anticioated costs for this oro;ect.
Followina this oresentation the consultants are (if aooroved) to proceed with
the next ohase. Construction is anticioatej to beain mid-Aoril 1994.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Reauest olacement on Aaenda for review and discussion.
Department Head Signature: ~. ~ .ft1f'tfi -,'J~ -~~Z:!dJ /~ J:z c.;/r :<7
I
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: @NO tM
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
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EAST ATLANTIC AVENUE BEAUTIFICATION TASK TEAM
Sandra Almy 278-5351
Executive Director, BPOA
1103 Vista Del Mar
Delray Beach, FL 33483
Dorothy Brockmiller 278-1229
Board Member, BPOA
86 MacFarlane Drive #2A
Delray Beach, FL 33483
Montford Helm 272-2700
President, BPOA
Co-Owner, Delray Beach Yacht Club
1221 lIarbor Drive
Delray Beach, FL 33483
Gay} e Brown' 276-4453
Resident
104 Seabreeze Avenue
Delray Beach, FL 33483
Patrick Lynch 272-2212
Owner, Sandwiches by the Sea
Owner, Beach Market
1214 -E. Atlantic Ave.
Delray Beach, FL 33483
Susie Simms 272-0114
I Owner, Seagull Shop
1145 E. Atlantic Ave.
Delray Beach, FL 33483
i Frank Wheat 278-2628
(I Owner, Gringle Dougherty & Wheat Inc.
. I 1008 E. A tl an tic A v e .
Delray Beach, FL33483
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Adjunct Members
Marjorie Ferrer 278-0424 Barbara Smith 278-3346
Joint Venture City Commissioner
Chamber of Commerce Owner, J.B. Smith & Sons
64 SE 5th Ave. 900 E. Atlantic Ave.
Delray Beach, FL 33483 Delray Beach, FL 33483
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Preliminary Construction Cost Estimate Gee & Jenson Engineers-Architects-Planners, Inc.
East Atlantic Avenue
Delray Beach, Florida
October 18, 1993
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Curbing & Paving
~ Unit Price IQ!ID
1, 6- Header Curb 2500 LF $7/LF $17,500
2, Paver Brick 2400 SY $14/SY 33,600
3. Concrete Pavement 2600 SY $14/SY 36,400
4. Handicap Ramps 38 EA. $150/EA. 5,700
5, Type liD" Curb 1350 LF $7/LF 9,450
6. Asphalt & Concrete Removal 5000 SY $4/SY 20,000
7. Pavement Stripings (Thermo) LS $14,000 14,000
SUBTOTAL . $136,650
Drainage
1. Inlets 19 EA. $1700/EA. $32,300
2. 18- RCP 640 LF $50/LF 32,000
3, 24 - RCP Outfall . 1800 LF $50/LF 90,000
4. 30. RCP Outfall 320 LF $35/LF 11,200
5, Storm Manholes 8 EA. $1000/EA. 8,000
6. Outfall Headwall LS $3000 3,000
7. Pavement Restoration 4800 SY $20/SY 96.000
SUBTOTAL $272,500
Electrical
1, Single Custom Street Light 27 EA. $3100/EA. $83,700
2. Double Custom Street Light 25 EA. $3800/EA. . 95,000
3. Relocate Off Trans, to U.G. 890 LF $100/LF 89,000
4. Conduit 6800 LF $5.00/LF. 34,000
5, Outlet @ Palm 145 EA. $100/LF 14,500
SUBTOTAL $316,200
~U"'INARY.coNST -oosT~ST ' Page 1 of 2
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Preliminary Construction Cost Estimate Gee & Jenson Englneers-Archlt.ects-Planners, Inc.
East Atlantic Avenue
Delray Beach, Florida
October 18, 1993
landscape
~ Unit Price I2m!
1. Coconuts 8' ct. 114 EA. 700/EA. $79,800
2. Alexander 1 0' ct. 31 EA. 400/EA, 12,400
3. Black Olive 4. cal. 4 EA. 350/EA. 1,400
4. Shrubs 3 Gal. 780 EA, 8/EA, 6,240
5. Ground Cover 1 Gal. 2200 EA. 4/EA. 8,800
(1-5) $108,640
6. Irrigation LS $6,000
7. Soil 170 CY. 30/CY. 5,100.
8. Mulch 70 CY. 25/CY. 1,750
9, Tree Removal 6 EA. 400/EA. 2.40Q
(6-9) $15,250
SUBTOTAL $123,890
Summary
Curbing & Paving $136,650
Drainage $272,500
Electrical $316,200
Landscape J123,890
Total $849,240
15% Contingency : $127,386
TOTAL. $976,626
Gee & Jenson Fees $80,000
GRAND TOTAL $1,056,626
WRS.f'AEUIofINAAY.ooNSr.005r -EST Page 2 of 2
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MEETING SUMMARY
EAST ATLANTIC AVENUE BEAUTIFICATION TASK TEAM
OCTOBER 18, 1993
4:00 P.M. PLANNING & ZONING CONFERENCE ROOM
MEMBERS PRBSENT: Dorothy Brockmille;r, Suzie Simms, Gayle Brown, Monty
Helm, Majorie Ferrer.
MEMBERS ABSENT: Sandra Almy, Frank Wheat, Patrick Lynch.
STAFF PRESENT: Ralph Hayden, Joe Weldon, Jose Aguila, Nancy Davila.
CONSULTANTS: Gee & Jenson - Richard Staudinger, Senior Associate, Dan
Mock, Landscape Architect.
Richard Staudinger explained the main objectives of the meeting were to
review the project schedule, preliminary cost estimates, plans and photo
imagery. The plans would be revised based on the Task Team's comments and
resubmitted by Wednesday October 20, 1993 so the plans can be included in
the City Commission agenda package in anticipation of the October 26, 1993
Commission meeting.
Jose Aguila wanted Task Team members know that any comments for Gee & Jenson
should go through him, Task Team members should either contact Jose or Nancy
Davila, should they have anything they want to mention after the meeting.
We were hoping to have additional information regarding the cost of locating
the electrical services underground with respect to individual business
services, however, FP & L would not give any further information on the cost
range for the service changes. There are too many variables such as whether
the existing services meet present electrical codes. The City must write to
FP & L in order for them to present us with a rough estimate for the work.
The Department of Transportation has been very cooperative. They will use
a standard permit form for the project which simply states the City will
'install, operate and maintain' etc... without getting into a specialized
legal form.
D.O.T. may also be able to offer some funding assistance on the drainage and
thermoplastic striping. D.O.T. will not give their approval to paver bricks
at the intersections due to a lack of data on skid resistance and concern
about a change in friction course. They will permit colored concrete or
bominite in these locations. The reason we were able to use the pavers in
the intersections between Swinton and Federal is this section was not under
the control of the D.O.T. This area was transferred to the City's
jurisdiction.
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The plans were presented to the Task team. The concept remained the same, G
& J felt it would be necessary to remove 6 Black Olives east of the I.C.W,W.
to integrate the Palms across the bridge.
There was much discussion regarding the types of Palms to be used. G & J
was originally proposing Coconuts coming off the bridge and in the node
areas and Alexander Palms along the sidewalks. Their main reason for not
using the Royals was the amount of spa~e needed for the base of the palms
within the sidewalk. G & J indicated that the sidewalk was only 7 feet in
width in some locations and the Royal~ would take up 5 feet of that area.
Evidently, the Royals on another phase of Atlantic Avenue are in 5 x 5
squares. This being the case, as much as the Task Team was concerned about
the Royal Palms being 'historically correct', the physical constraints
prohibit their extensive use.
The Task team settled on the Royals being used coming off the bridge,
Coconuts at the nodes and at the flagpole area at A-I-A. and using double or
triple Alexanders along the narrow sections of sidewalks. The Alexanders
would not create as much havoc with signage either.
In addition to proposed pavers at the intersections of Venetian , Gleason
& A-I-A, Gee & Jenson was showing several contrasting paving bump-outs at
some of the minor intersections which actually extended into the travel
lanes. After much discussion the memb~rs felt that they would rather see
the paver bricks extended across th~ side streets for the pedestrian
crosswalks in a straight line.
Relative to the preliminary construction cost estimate there were several
areas of concern or areas that might change as a result of the Task Teams
comments. Keeping in mind that one million dollars has been allocated for
this proj ect, the preliminary cost estimate was $1,056,626. This figure
did not include extending the paver bricks up to the store fronts, which G &
J was directed to add, nor did it include the cost to relocate CATV and
Southern Bell lines which could be $50,000. Since FP & L has not given us
any further information regarding the cost projections for the business
services being relocated underground, these costs are not included either.
A significant portion of the budget ($272,500) is attributed to improving
drainage in the area, Although we recognize that there are drainage problems
that need to be addressed, in other beautification projects we have only had
to address drainage problems that were created by proposed improvements, not
rectifying existing conditions. Although D.O.T. may help with expenditures,
it must be identified early on that this project will exceed the one million
allocated if the existing drainage problems are not funded through another
source.
Team members asked that uplighting be provided within the nodes for the
Coconut Palms. Davila thought the estimate for the irrigation was very low
considering the price of the water meter alone would run at least 2 thousand
dollars depending on the size of the meter.
Members were also concerned about the condition of the pavement after the
drainage work is done, ie., they are worried that it will look like
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patchwork. Ralph Hayden indicated thee were no apparent funds available to
do any overlaying, will need further input on this matter.
Gee & Jenson handed out 'before' and 'after' photos done through computer
enhancement. They were asked to prepare presentation boards for the
Commission meeting and slides.' Revised preliminary plans and estimates are
to be submitted by Wednesday. We need 10 copies of both.
All Task Team Members are asked to attend the City Commission meeting on
Tuesday October 26, 1993. The meeting starts at 7:00 P.M. but at this p,oint
I don't know how far down the agenda t~e item is scheduled.
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MEETING SUMMARY \ '" ~ ~'\'t-\~'\
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EAST ATLANTIC AVENUE BEAUTIFICATION TASK TE ~\~~~
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OCTOBER 11. 1993 \~~~
4:00 P.M. PLANNING & ZONING CONFERENCE ROOM
MEMBERS PRESENT: Dorothy Brockmiller, Gayle Brown. Susie Simms. Majorie
Ferrer.
MEMBERS ABSENT: Sandra Almy. Montford Helm. Gayle Brown. Patrick Lynch.
STAFF PRESENT: Ralph Hayden. Joe Weldon. Jose Aguila. Nancy Davila.
Ralph Hayden. City Engineer introduced the Consultants from Gee & Jenson who
will have an approval for a Service Authorization before the City
Commission on October 12. 1993. Representatives present were Richard
Staudinger. Senior Associate; Bret Nein. Landscape Architect and Dan Mock.
Planner. Gee & Jenson had done a preliminary site analysis and was looking
for input from the Task Team.
G & J wants to return on Monday the 18th with alternatives for the design
scheme. A week later they will go to the City Commission for preliminary
design approval at the October 26th meeting.
This is a fast track schedule looking to begin the contract document phase
on October 27th and planning to submit to the Department of Transportation
mid-December for their review. Advertising in mid-February . bids due mid-
March. and award the contract March 22. 1994. Construction would start April
18. 1994. after the Delray Affair and be finished around the middle of
September.
G & J unrolled a schematic plan. They have been to D.O.T. several times for
information and to get a handle on restrictions as they relate to design
flexibility.
Addressed major issues. FP & L wont commit to any prices until the City
comes up with more definitive plans. There is a 13 KV feeder on the north
side. Would have to replace ten poles on the north side with 2 ten by ten
switch plate cabinets (would need to find a location), Additionally. all of
the services to the businesses would have to be rerouted from overhead to
underground connections. Would have to trench from their point of service
(typically in the rear) out to Atlantic Avenue where the transformer pads
would have to be located (also need space for these individual pads for each
business). We may be able to divert the service line to the back of the
businesses.
There is also an overhead street light circuit on the south side. City needs
to send a request in writing to FP & L in order to get a 'ball park'
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estimate. If the City is still interested, then they would have to put up a
30% deposit in order for FP & L to do the Engineering plans.
The change of service for the the businesses is normally borne by the
businesses, G & J did not have an estimate for the cost to the businesses.
We need this information soon in order to proceed. If the City would commit
to this expense in order to get the lines underground this would be absorbed
by the project budget. We are looking at well over $100,000 to run the power
underground, and probably closer to $200,000.
There would also be costs associated w~th running Southern Bell and CATV
underground, Need to negotiate with those companies. Price should be
significantly less.
Task Team feels that relocation of the powerlines is paramount and that even
if it impacts the budget it would be better to get rid of the lines to
enable more landscaping to be installed. Otherwise we would be very limited
to the amount of landscaping we can do. Leaving the lines leaves little
potential. Aesthetically the removal of the lines will have a big impact.
Relative to D.O.T., they are very restrictive but can be less so if the City
signs a maintenance agreement whereby City takes over the maintenance. Joe
Weldon commented that we do this now.
Trees must be a minimum of 4 feet back from the edge of the travel lane
unless is it adjacent to parking in which case it has to be a minimum of 2
1/2 feet.
City needs to get agreements from property owners to work on their property.
Looking to use a more simplified form..
G & J talked about installing a median at the end of Atlantic by A-1-A.
Task Team felt that this was not important especially if no trees could be
installed within it due to the narrowness of the median. They would rather
have the focal impact in the area around the flag pole at the end of A-1-A.
D.O.T. said that the nodes. at the intersections would be permit ted.
Discussed relocating the Black Olives just east of the bridge. Everyone felt
that there would be a lot of criticism if we were to remove mature trees.
Since there is a double row, maybe the front row could be removed to make
way for a line of Royal Palms flanking the roadway,
Plans showed 4 areas where special paving was proposed in the intersections.
The Task Team wasn't sure if the one by the bridge would have much of an
impact. It could definitely be ,scaled back in size, The intersection
treatment may be one of the first items to be deleted if cost estimates
exceeded the budget.
Relative to landscaping they discussed developing a theme different from the
rest of the Avenue. Task Team felt that we needed to stay with the Royal
Palms along the straight-of-ways and use the Coconuts at the nodes. The
Royals would make an important gateway statement and historically they are
correct. There really isn't room for shade trees due to the closeness of the
building fronts.
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The palms need to have electrical to enable them to be lighted by christmas
lights.
The Task Team asked that an area be designated for a Trolley stop. Since
merchants are adamant about not having any parking removed, the Trolley stop
may have to be along one of the side streets, or maybe work out an agreement
with the Holiday Inn.
Relative to lighting, in order to maintain the footcandles required by
D.O.T., without having to place decorative lights so close together, some of
the overhead FP & L Cobra Lights may 'need to remain. The streetlight
circuit would still be underground.
Gee & Jenson will return on October 18th with cost ranges for the
improvements. They should have a computer enhancement which shows the way
the street will look given that all the improvements discussed are
installed.
Task Team Members should plan to attend a follow-up meeting on Monday
October 18, 1993 at 4:00 P.M. in the Planning & Zoning Conference Room.
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MEETING SUMMARY
EAST ATLANTIC AVENUE BEAUTIFICATION TASK TEAM
SEPTEMBER 20, 1993
I
4:00 P.M. PLANNING & ZONING CONFERENCE ROOM
MEMBERS PRESENT: Dorothy Brockmiller, Montford Helm, Gayle Brown, Susie
Simms, Frank Wheat, Majorie Ferrer, Barbara Smith.
MEMBERS ABSENT: Sandra Almy, Patrick Lynch.
STAFF PRESENT: Lula Butler, Ralph Hayden, Jose Aguila, Nancy Davila.
Members were introduced and given their task team objective which is to work
together to make recommendations to the City Staff and Consultants regarding
the beautification of East Atlantic Avenue, between the Intracoastal
Waterway and A-1-A.
N,~~,~,y~,avi1.a :avee;o~~i~; :cc~un~l1of I ~~,~~ ~roje~, ~a~~:~;.~ir4.r.W;
~_~Jt~~~'It..W~imp!t.$~ne language of the
D.O. E, Bond. ~~ogra" states tbat .improve"snta sbOU~iSJMp"~~At1
btf.t~~n; ~~w.i!~.~"'/!"~~~e, I. '~~.f~:J,,~~WX" ,S~~e,.~ ~~ ,is can be
kp~e~y M.."ul!i.v~~~~OCk~ecora ",.~~de~b't[\\gt .
lEand'8Q'ap':f:n~~~~lb~elp ,&;f:t 'e~i lfih"di' i li'~t:o~y ........ " ~"
.~..w ......,~..J ... '"...... .'. '," 'w j>o!lI:&.....J.d:.......t.
The City will hire a lq~~n:~~~~:IdPlfm~h~sl{~~e:~s!t"~.~C;~~~~
While the project constraints can best be identified after tne ~onsu~tart
has had a chance to do a project analysis, some constraints are fairly
obvious.
d'l~ ';~'A~&'At~rt~~~ilr~tiJ,~U:ndill~.~rsalC"1;6F'1f:th' 00
X 'rran.,'vlt"':n:t: .' fiT ,,')(ti' 1)' "t: 'e.i If'l."'d' '...l'b~'''~ ',ilir' ,t' ,'1t.I\I'lIJ,t~~'''1lf '.,..,
" , " 'PJ' 0 :~o rs: s or, a 0', an:',rema 0 S.lia .eyoac a : on..lj,rou, . ome
of the design flexibility shown on the west side of the waterway may not
apply here. As an example the nodes at the intersections may not be
permitted.
_Jlt'i~~!.!~' ,
, . .", Lne 's "loW o,t1\ s~~a~g~6(lth~~jl~,~~a~ Al though there is a large
expanse of green. area immediately east of the bridge, this is by virtue of
Barr Terrace to the north and Waterway E~st to the south. Very little
greenspace currently exists within the right-of-way. The small area we have,
the grassed utility strips limit tree planting since the utility lines are
directly overhead, and further since cars are parked contiguous to the
utility strips hedging and ground cover would not work well since car doors
will open up to let out passengers who will need that space to be flat to
walk from their car to the sidewalk.
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Another constraint is that the buildings do not seem to be setback as far
from the sidewalk as some of the buildings west of the waterway, which
limits the expansion of sidewalks and greenspace.
Davila asked Task team Members for their vision of East Atlantic Avenue.
They suggested that since the pavers were, a 'given' that ._w;ou.A..bl!ail~s>Ji~
<<~'te~Jdi~e:ftpp,;r.:Q.X1mA!t:ekbii~theilp1M~VslI80 they would know how much
money they had left to work with.
Dorothy Brockmil1er asked if the pavers would extend into the private
courtyards. It was felt that the budget would only permit the pavers to go
up to the store fronts. _!,,\l,~>:'~~ ~'~';I'1.t~~" 'iU8li~nil"'odllf
tb paver, ont,o their'; iprop.;rt~: ,tlt'tossilfI , t'R~ ,," ,',~d,' ~e., ~~ " e
~~i~~~~ '-'dl .,~. III ,!j,'a~'l.~ ~~azr..; nt'
,. ' ' " /, '" " " eel 01 ge,~ s, on' ea8.emen.~s' r:. m
, P.!i!~~~, .~~k!~tld , '8\ it!..~:,.'~~~leb. ~.ets..or.~:(t.6-n~:s1 . '
The subject of street furniture was discus~~i' Many members .felt that~p~~e
~~~~,~a~.~~r~beAcbe8 and since there^benches along the beach, perhaps
we should try to maintain some distinction between the two areas.
Monty Helm suggested that we consider~e~~d~fig~~e~~aD~l~~>> down the
streets running \P....~E.p.e.x:':4.i:\Q~lr,ar_~oJi~~~.nt,~~~eJ~,~~) such as Venetian and
Gleason. I
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There was general discussion about ways to expand the sidewalks. One
suggestion was to brick over the utility strips except at designated
landscape areas. These landscape areas could be strategically located
between parallel parking spaces so the plant materials would not be trampled
or hit by car doors.
A comment was made about the~~IDIb1)x~s that are located in the middle of
some sidewalks. ~a'W:UJ.ilIa1ildlttHad1)ils'l31tan.t0:61~the'sdfC'an.ID.~e&11oCa.te~cta '
Susie Simms wanted to ensure that any improvements would m~1:'&l1a:!.~.
~1!'P'~q,1;Jro.~~.1t..~q~!l:gll~;.a~_n.:~ge .
_~:lp;rtll'l.\i! '~'ll'e'lll"~~-~~1
lid ,.''Il 'ClllIl~\"'\r ~~'.fiiflt~~~j: i'so, ,",' :Ii;'. ill
If' , "~ "t~~'?~lt~e at:t.~~t" toiP:o'ti'~(r' ;and~'c"a'-'int;fg ,I ,.l,. !IL...~.
....~, '" 8,.-...a:....-,.,..... 4...............,. 'A, "~'" ,....,',.~",.....i._i..P.........~'1
Gayle Brown felt that the emphasis should be on~~fi1~WIlD~~~~~~
and the Village-By-the-Sea atmosphere that was endorsed by the Community at
Visions 2000, tn.~.k~~, please.
Other elements that Task Team Members felt should be addressed in the
beautification plans included ~~~1i~_c;aIIQUt:let.s.on')l.1.;f;8q_.'b.l;(Sl for future
promotional events and Christmas lights, banners on the light poles to be a
continuation of those on the rest of Atlantic Avenue.
One of the problems cited east of the waterway is the fact that many
property owners board up their storefronts in the summer prior to leaving
town, making it look like a ghost town. The task team recognized that
there was no apparent solution, that the Merchants Association could work
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with property owners to discourage this practice. There is also a problem
with beach goers using the streetfront parking that should be reserved for
store patrons, but the Parking Committee is addressing this.
Ralph Hayden, City Engineer explained to Team members that we would like to
be in a position to ,b,eg~u.l~:b.l-\itt.,~\i\C;.t:i\oqshO~!;l,J,1.1a~~~e~~':L.~aY.l'~':~~ when
the season has slowed down. He explained that by utilizing the In-House
contract that we had in place with Gee & Jenson Consulting Engineers rather
than putting out an advertisement for a' Request for Qualifications that we
could save a lot of time.
Ralph passed around some examples of Gee & Jenson's work and explained that
they had all the services needed on their staff, including a Landscape
Architect, and the City was very pleased with their work on the Fire Station
on Old Germantown Road.
The Task Team had no objection to using Gee & Jenson. With that Ralph
Hayden indicated that he would meet with the Consultants as soon as possible
and would like to set up a ~~~~~~~~ti~~i'
The Task Team restated their~~~~~~~to pass along to the Consultants:
1. Plac e u~~'J!L..'t!:i~~~l~~!~gS~'u~<!t
2. Ins tall ~'!l~!j~,:2Lc~:
3. Decorativ~~g~
4. ~ndB'~1ffng, .
'I._...-~,...~, ~-'.. .It"
5. Investigate getting uniform '~~~~~3.~;~~~~19Itt"
It is anticipated that the a~~(t~tig. of the Task team will not be until
some time in October. _SllW~\hOP~ons.u~~nt W '~VS:ft.
c;,h n~ t ,d 'som~ lpr ". ' ,. . ~o'l'1.Vc;. id '., M . ,1Wz, t e
F~t~~:i.'l:'l:b~d"..tNd".~1'gh' ,<Iii den's" "il.'O,.a1l '~
. ,", ~B~olt'jij ..iI\d~!(".tdtlff '. 'lib" ll'ddl ~, . ; t.l\l.'f "'" 'cr I ":!.'d ':('intbY*'tli~
'J. ," an.e ,. some ,r,o.a.' :conceps~ o~ c ns ero:, . .
. "~amJi '" .' . '
Members will be notified approximately a week in advance via the mail of the
meeting date. We will attempt to keep it q~~~~~ay.a~~;~Olsince everyone
agreed that this would be the best time to meet.
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Preliminary Construction Cost Estimate Gee & Jenson Engineers-Architects-Planners, hie.
Preliminary Master Plan for
East Atlantic Avenue Beautification
City of Delray Beach, Florida
October 25,' 1993
Revised
Curbing & Paving
~ Unit Price Total
1. 6" Header Curb 2500 LF $7/LF $17,500
2. Paver Brick within ROW 2400 SY $14/SY 33,600
3. Paver Brick not in ROW 650 SY $14/SY 9,100
4. Concrete Pavement 2600 SY $14/SY 36,400
5. Handicap Ramps 38 EA. $150/EA. 5,700
6. Type "0" Curb 1350 LF $7/LF 9,450
7. Asphalt & Concrete Removal 5000 SY $4/SY 20,000
8. Pavement Striping (Thermo) 1 LS $14,000 14,000
9. 1 %" Asphalt Overlay 8000 SY $2.25/SY 18.000
SUBTOTAL $163,750
Drainage
1. Curb Inlets 19 EA. $1700/EA. $32,300
2. 18" RCP 640 LF $50/LF 32,000
3. 24" RCP Outfall 1800 LF $50/LF 90,000
4. 36" RCP Outfall 320 LF $35/LF 11,200
5. Storm Manholes 8 EA. . $1000/EA. 8,000
6. Outfall Headwall 1 LS $3000 3,000
7. Pavement Restoration 4800 SY $20/SY 96.000
SUBTOTAL $272,500
Electrical
1. Single Custom Street Light 31 EA. $3100/EA. $96,100
2. Double Custom Street Light 29 EA. $3800/EA 110,200
3. Relocate O.H. Trans. to U.G. 890 LF $1 OO/LF 89,000
4. Conduit and Conductors 6800 LF $5.00/LF 34,000
5. Outlets @ Palms 135 EA. $100/LF 13,500
6. Banners for Light Posts 52 EA. $125/EA. 6,500
7. Relocation charges Tel & CATV 1 LS $50,000 50.000
SUBTOTAL $399,300
WRS,PREUMINARY ,CONST.COST -EST Page 1 of 2
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Preliminary Construction Cost Estimate Gee & Jenson Enginee'rs-Architects-Planners, Inc.
Preliminary Master Plan for
East Atlantic Avenue Beautification
City of Delray Beach, Florida
October 25, 1993
Revised Q!y Unit Price Total
Landscape
1. Coconuts 8' ct. 75 EA. $700/EA. $52,500
2. Royal Palms 10' ct. 60 EA. $1 050/EA. 63,000
3. Shrubs - 3 gal. size 780 EA. $8/EA. 6,240
4. Ground Cover 1 Gal. 2200 EA. $4/EA. 8,800
5. Planting Soil 170 CY $30/CY 5,100
6. Mulch 70 CY. $25/CY. 1,750
7. Tree Removal (incL stumps) 6 EA. $400/EA. 2,400
8. I rrigation Meters 1 EA $3,700/EA 3,700
(incl. Impact Fees)
9. I rrigation System 1 LS $24,470 24.470
(incl. heads, valves, pipes, controllers)
SUBTOTAL $167,960
Summary
Curbing & Paving $163,750
Drainage $272,500
Electrical $399,300
Landscape $167.960
Total $1,003,510
15% Contingency $150,490
TOTAL $1,154,000
Gee & Jenson Fees $76,000
GRAND TOTAL $1,230,000
93040.20
WRS-PREUMINARY.CONST,COST,EST Page 2 of 2
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER e;v1
I
91{
SUBJECT: AGENDA ITEM # - MEETING OF OCTOBER 26. 1993 I
SERVICE AUTHORIZATION NO. 6/GEE AND JENSON I
DATE: October 22, 1993
This item is before you to consider a service authorization in the
amount of $60,500 to the contract with Gee and Jenson for engineering
services to prepare final construction documents and to provide
assistance in bidding negotiations and construction administration
services in conjunction with the East Atlantic Avenue Beautification
project.
This service authorization allows the consultant to continue with
final development of construction documents, bidding requirements and
construction administration relative to this project. A detailed
staff report is attached as backup material for this item.
Recommend approval of Service Authorization No. 6 to the contract with
Gee and Jenson in the amount of $60,500; with funding from Decade of
Excellence Bond Issue Phase II - Atlantic Avenue/Intracoastal to Ocean
(Account No. 228-4141-572-61.73).
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Agenda Item No.:
AGENDA REOUES~
Date: October 19. 1993
Request to be placed on:
--A-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 26. 1993
Description of item (who, what, where, how much): Staff reauest Citv Commission
aooroval for Gee & Jenson for Service Authorization No. 6 to prepare final
construction documents. assist in biddina neaotiations and oerform construction
administration services for the East Atlantic Avenue Beautification Proiect.
Scooe of service for this phase will consist of: oreoaration of comolete set of
construction plans and soecifications includina oaver blocks. electrical.
landscaoe and irriaation plans: Coordinate the biddina orocess. attend meetinas.
answer auestions. evaluate bids and make formal recommendation to Citv staff:
Construction administration includina oeriodic site meetinas. review oavment
reauests . review shoo drawina and other submittals. orovide final certifications
and insoection. The fee for this phase will be S 60.500.00 or 80% of their
total fee of S 76.000.00. Pro;ect account # 228-4141-572-61.73.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends aooroval of Service Authorization No. 6.
Department Head Signature:~ ~/~~"~/,,;h,./
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: 8/NO ll/V]
Hold Until: I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agenda.kt
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: WILLIAM H. GREENWOOD~~~~/~6
DIRECTOR OF ENVIRONMENTAL SERVICES
DATE: OCTOBER 20, 1993
SUBJECT: EAST ATLANTIC AVENUE BEAUTIFICATION PROJECT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The Engineering staff request Commission's approval for service
Authorization No. 6 to Gee & Jenson for the Decade of Excellence
project to extend Atlantic Avenue Beautification from the
Intracoastal Waterway to AlA. The budgeted construction cost for
this project is $ 950,000.00.
At the last Commission meeting, service Authorization No. 5 was
approved for preliminary work consisting of review of existing
data, coordination meeting with staff and committee members,
coordinating with FDOT, FP&L and Palm Beach County, preparation
and presentation of conceptual plans. Their fee for the above
was $ 15,500.00 or 20% of total fee. Gee and Jenson has been
diligently working on the above tasks and they anticipate
presenting their results to the City commission at the October
26, 1993 meeting.
Service Authorization No. 6 will enable the consultants to
continue with final development of construction documents,
bidding requirements and construction administration relative to
this project.
The schedule for implementation of this project is as follows:
October 26, 1993 -Design concept presentation to City
Commission
October 27, 1993 -Begin Construction Document Phase
Mid-December 1993 -Begin permit review process with
FDOT
February 13, 1994 -Advertisement for Bid
March 15, 1994 -Bids due
March 22, 1994 -Contract awarded by City Commission
April 18, 1994 -Begin construction
September 15, 1994 -Construction completed
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Gee and Jenson's fee for Service Authorization No. 6 is
$ 60,500.00 or 80% of their total fee of $ 76,000.00.
JA:kt
Attachments
cc: Ralph E. Hayden, P.E., City Engineer
William H. Greenwood, Director of Environmental Services
File: 93-68 (D)
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CONSULTING SERVICES AUTHORIZATION
Data: October 20. 1993
Service Authorization No. (I for Consulting Services
City P.O. No. 93-68 ~ty Expense Code 228-4141-572-61 .73
Tltlo: Ea~t AUantlc Avenuo BeautlOcatlon
1bI1 S.rvl~ ,.uthotlutlon. wtwn elleouted, IhllIlIe Incorporll'.d In and .hall '-coma an In..gre' part of ,... Conlract.
I. PROJECT DESCRIPTION
Preparation Of design criteria, plans and specifications and construction phase services for the Installation of
Stroetscape Improvements for the East Atlantic Avenue BoautiflcalJon program,
II, SCOPE OF SERVICES:
Phaso 1 & 2 . Study & Prollmlnary Design Phase - Completed under Service Authorization No. 5
Phase 3 . Final Design Phase
1. Propare construcUon documen~ for the East Atlantlo Avenue Beautification program between the
Intracoastal Bridge and Highway A1A, including drawings, technical spoclflcatlons, contract
documents (provldGd by the ~ly) Including goneral conditions. Bid and proposal forms, Including
criteria, doscriptlons and design data necessary for permitting by govornmental authorities
2. Prepare a detailed estimate of probable construction cost prior to advertlsement of the project for
constnJctJon bids.
3. Attend necessary City Commission meetings and East Atlantic Avenue Task Team mooUngs during
the design process to periodically update tho City on progress of the project and to rocommend
award of the contract for construction. (10 meetings total)
4. Prepare and procoS$ permit appllcaUon lor governmental agency permits Including fOOT. SFWMD
and Florida DEP.
Phase 4 . BlddlngINegotlatlon Pha..
1. Assist City In obtaining bids, preparing necessary addendums. and In evaluating and recommending
an award of the contract for constnlctlon.
2. Attond "'e prebld conference, bid opening, preconstrucUon conference and assist In reviewing
required bonds and certificates of Insuranoe.
3, COnsult with tho City concerning acceptability of substitute materials and subcontractors proposed
by prime contractor.
Phase 6 . Construction Ph.ao
1. rho Consultant. based on observations and ovaluatlons of contractor's progross shall review monthly
applications for payment and c:ortify the amounts due the contractor.
2. Review and approve or take other appropriate) action upon contractor's submittals of shop drawings,
product data, and samplos for the purpose of Checking for conformance with the design concept and
contract documents.
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3. Prepare change orders and construction charge directives In (;OnsultaUon with tho City, for the City's
approval and execution In accordance with the contract documents,
4. Periodically observe tho progress of construotlon during the contract as statod In the contract
documents. Visits will be to become generally acquainted with the progress and quality of the work
and to gonorally determine If the work Is being performed In a manner consistent with the contract
documents. Periodic: observation does not require a full Ume project representative during
construction.
5. Conduct Inspections to determine "'e date of substantial completion and final completion and Issue
a written cer1lflcate for final payment upon contractors substantial compliance with the roqulrements
of tho contract documonts.
6. Provide a set of reproducible record prints of the construction plans Indicating thoso changes made
during 'he conStl'uctlon process. based upon data suppllod and certified by the contractors survoyor.
III. BUDGET
PhasB 3 . Final Design Svos
Prlne. SR,T. Sp. Sr. Eng. ElA CaddIDr. Secy.
: , ,
Title Sheet 2 4 2
Water Managemont Plan 2 4 16 8
Dr, Design Computations 4 8 24 16 12
Roadway f3lan 1 8 12 4
Roadway Profile 1 4 4 8
Sign & Pavement Mkg. 1 2 8 12 24 6
Utility Coord.(elec.,w,ww) 2 12 24 10
Const. Specs 4 8 12 6 16
Cost Est. 1 2 4 6 8
Landscape Plan 4 8 12 48 52 16
IrngaUon Plan & OotaUs 8 20 28 4
Dotall Sheets (cIvlVelec) 2 4 8 16
Permit Appllc. 2 6 2 8 20 8
Mtg, Atlondance (10) 24 36 8
FOOT Submittal 8 16 24
City of Dolray Peach Sub. 8 12
16 70 70 242 226 92
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Phase 4 - Bidding and Nogotiation Phas.
Pl1nc. SR.T, Sp, Sr. fog. EJA CaddlDr. Socy.
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Bid Assistance 8 24 4
PhaSe 5 . Construction Phase Services 5 months
Prine. Sr, T. Sp. Sr, 'fng. ElA CaddIDr. FIeld Secy,
: r
Pay Estlmate/C.O.'s 10 20 12
Shop Drawings 8 16 10
Periodic Inspections 16 24 140
Final Inspection 4 8 4 4
Rccord Drawings 2 2 12
= u
Subtotal 32 8 70 12 144 26
Grand iotal Hours 16 110 78 336 144 122
U 11M
Phase 3. 4 and 5
Grand Total Labor Cost $60,500
IV, COMPLEJJQN QA TE
Phase 3 ~ 90 days from Authorization (:t January 28, 1994)
Phase 4 . 60 days from complotion of Phase 3 (2: March 22. 1994)
Phase 5 - 200 days from award of constnJcUon conlract (~SeplembQf 30.1994)
This service authorlzatlon Is approved contingent upon the City's acceptance ot and satisfaction with the complellon
of tile services ronde red In the previous phase ot as encompassod by the previous service authorization. "the Clly
In Its sole discretion Is unsatisfied wtth the selVlces provided In the previous phase or service authol1zatlon. the Cily
may tormlnato the oontract without incurring any further Uablllly, The CONSULTANT may not commenco worl< on any
service authorization approved by the City to b$ Inoluded as part of the contract without a furthor notice to proceed.
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Approved by:
CITY OF DELRA Y BEACH: CONSULTANT:
Data Date
By:
Thomas E. Lynch Philip A. Crann
'- ($oal)
Mayor ~r~
_.~~-
Wilness
Attest; Attest:
Approved as to Legal Sufficiency and Form
STATE OF FLORIDA
COUNTY OF PALM BEACH
Tho foregoing Instl\lmont was acknowlodgad before me this 20th day ot October, 1993 by Philip A. Crannoll, Jr., Senior
Vlco President, of Gee & Jonson Englnoors-Archltects.Planners, Inc., a Florida corporation, on behalf of tho corporaUon.
Ho Is personally known to me and did not take an oath.
0~ 1. auj,/Ll
Slgnaturo 01 Person ~Ing Acknowledgment
Dolores J. Osika
Name of Acknowledger Typed, Printed or Stamped
NOTARY PUBLIC. STATE Of FLORIDA
MY COMMISSION EXPIRES OCT. 24, 1993
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i ClL - MEETING OF OCTOBER 26, 1993
SERVICE AUTHORIZATION NO. 7/PROFESSIONAL ENGINEERING CONSUL-
TANTS, INC.
DATE: October 22, 1993
This item is before you to consider a service authorization in an
amount not to exceed $10,000 to the contract with Professional
Engineering Consultants, Inc. for engineering and construction
administration services in conjunction with the rehabilitation of Lift
Station Basins 8, 18 and 32.
The scope of service under this authorization includes evaluation of
the sanitary gravity sewer collection systems in Lift Station Basins
8, 18 and 32; preparation of a written report; preparation of
construction documents and construction administration services.
This project is necessary in order to reduce inflow and infiltration
into the gravity sewer system. The affected lift station basins are
in close proximity to the Intracoastal Waterway. I
Recommend approval of Service Authorization No. 7 to the contract with I
Professional Engineering Consultants, Inc. in an amount not to exceed !
$10,000; with funding from Water and Sewer Fund Renewal and I
Replacement - Manhole Rehab (Account No. 442-5178-536-61.84). I
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Agenda Item No.:
AGENDA REOUES~
Date: October 19, 1993
-
Request to be placed on:
--A-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 26, 1993
Description of item (who, what, where, how much) : Staff reauests aooroval of
Service Authorization No. 7 for Professional Enaineerina consultants to provide
enaineerina and construction administration services on an as needed basis for
the continuation of the Citv's Inflow and Infiltration Proaram. Work will be
taraeted for Lift Station Basins 8. 18 and 32 ( proi ect No. 92-22) . Cost. time
and materials with a not to exceed cao of 510.000.00. Fundina source
442-5178-536-61.84.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
of Service Authorization No. 7 to PEC
Department Head signature:~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (r~ired on all items involving expenditure of funds):
Funding available: E /NO
Funding alternatives HM.
Account No. & Desc iption
Account Balance O~ .
City Manager Review:
Approved for agenda: ~NO l~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: AG222019.MRM
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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: October 19, 1993
SUBJECT: sanitary Sewer Rehabilitation, I & I for Lift
station Basins 8, 18 and 32
In order to reduce the inflow and infiltration into our
gravity sewers, we request Professional Engineering
Consultant (PEC) be retained to provide engineering and
construction administration services on an as needed basis
with a not to exceed cost of $10,000.00.
This work will be in Lift Station Basins 8, 18 and 32 which
are close to the Intracoastal and will involve evaluation
and review of all sewer line data manhole conditions and
study of the overall condition of the collection systems.
The consultant will also develop construction projects based
on the collected data and provide construction
administration. The goal of this work effort is to reduce
the inflow and infiltration of ground water into our gravity
sewer system.
Attached is an agenda request and back up information. We
are requesting approval of Service Authorization No. 7 for
PEC. This service authorization will be funded from account
number 442-5178-536-61.84.
RH:mm
cc: Dick Hasko, P.E., Dep. Dir. of Public utilities
File: Project No. 92-22 (D)
RHAG019.MRM
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PROFESSIONAL ENGINEERING CONSUL TANTS, INC.
September 27, 1993 P-3112
City of Delray Beach ~
434 South Swinton Avenue
Delray Beach, Florida 33444
Attn: .~
Re: Proposal for Engineering Services - Construction Phase Services;
Sanitary Sewer Rehabilitation Project - Lift Station Basins 008, 018 and 032
Gentlemen:
In the absence of Mr, Joe Lontos, Project Inspector for the above referenced project, the
City of Delray Beach has requested PEe to provide assistance in administering the
construction/rehabilitation contract with Ric-Man International, Inc. We are pleased to
provide construction phase services on an as-needed basis when requested by the City of
Delray Beach,
We propose to perform the services utilizing an hourly compensation method not to
exceed $10,000,00 without further authorization from the City of Delray Beach, For
your convenience, we have provided five (5) executed copies of the Consulting Service
Authorization No, 7 for this assignment. If you have any questions or comments
regarding this proposal, please contact the undersigned at your convenience,
Very truly yours,
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
~~~
RKV/ak-W01
Attachments
cc: Mr. William H. Greenwood, City of Delray Beach
Mr. Art Austin, P.E., PEe
Mr, Tom R. Kelley, P ,E" PEe
engineers
planners
surveyors 200 East Robinson Street. Suite 1560 . Orlando, Florida 32801 . 407/422-8062 . FAX 407/849-9401
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. PROFESSIONAL ENGINEERING CONSULTANTS, INC.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUfHORIZATION No.7
DATE: September 28. 1993
SERVICE AUTHORIZATION NO, 7 FOR CONSULTING SERVICES
CITY P ,0. NO, CITY EXPENSE CODE 442-5178-536-61.84
PROJECT NO,:
CITY OF DELRA Y BEACH 92-22 PEC DB-08
TITLE: REHABll..ITATION STUDY AND PREPARATION OF PROJECT MANUAL FOR SANITARY
SEWER SYSTEMS 8, 18 AND 32
This service authorization, when executed, shall be incorporated in and shall become an integral part of
the Contract, Dated December 4, 1991, by and between the City of Delray Beach and PEC.
I. PRomcr DESCRIPI'ION
The objective of this assignment is to evaluate the condition of sanitary gravity sewer collection systems
in Lift Station Basins 8, 18 and 32 within the City of Delray Beach, Evaluation of Lift Station Basins 8,
18 and 32 will consist of review of all pertinent data furnished by the City, preparation of T, V. survey field
reports for each line segment as shown on the CCTV tapes, surface conditions and manhole condition
investigation, and investigation of the general condition of the collection system. Based on this evaluation,
a written report will be furnished to the City staff or review, The written report will summarize the
conclusions from the evaluation; prioritization of each slfwe~ segment (manhole to manhole) with respect
to estimated III contribution (categorizing segments as extreme, poor, marginal, fair and good); develop
rehabilitative alternatives for repair or replacement of defective pipe, manholes and surface features such
as total reconstruction, point repair, slip lining and/or Insituform lining; cost comparisons of rehabilitative
alternatives for each sewer segment with respect to construction cost ($) per gallon of III removed (as
estimated from visual surveyor determined by existing III study) and recommendations as to construction
phasing to repair or replace defective segments. This assignment will also include development of a Project
Manual for construction contracts involving sanitary gravity sewer system rehabilitation and/or
reconstruction, The Project Manual will incorporate the City of Delray Beach Standard General Conditions
(pEC will review and make recommendations for modifications to these General Conditions), Division 1 -
General Requirements as developed by PEC, and Technical Specification sections for materials and
methods for each replacement/repair technique as developed in the rehabilitation study.
II. SCOPE OF SERVICES
To provide construction phase services on an as-needed basis when requested by the City of Delray Beach.
Ill. BUDGET
The following services shall be paid on the basir of the following methods in accordance with the
Contract Agreement, the total not to exceed $10,000.00 without further authorization from the City:
Activity Basis of Payment Bud~et
Construction l'hase Services Hourly Time Charges $10,000.00
- 1 - P-3112
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. CONSULTING SERVICE AUTHORIZATION No.7
Continued
IV. COMPLETION DATE
Construction Phase Services will be provided throughout the duration of the construction contract as
referenced in the project description,
This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion
of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City
in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City
may terminate the contract without incurring any further liability.
APPROVED BY THE CITY OF PROFESSIONAL ENGINEERING
DELRAY BEACH CONSU C,
- DAY OF .1993 BY:
Tom R. Kelley, P.E.
T~e !@!t
Date: ?tfri' (SEAL)
CITY OF DELRA Y BEACH, a municipal
corporation of the STATE OF FLORIDA ATIEST:
BY:
MAYOR BEFORE ME, ~e foregoing instrument, this _ day of
" 1993 was acknowledged by Tom R. Kelley.
P.E. ,
ATIEST: ,
a duly authorized officer of Professional
Engineering Consultants. Inc.
BY: on behalf of the Corporation and said person executed the same free
and voluntarily for the purpose therein expressed.
APPROVED AS TO FORM:
BY: WITNESS my hand and seal in the County and
City Attorney State aforesaid this _ day of ,1993.
Notary Public
State of Florida
My Commission Expires:
(SEAL)
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ttJ1
SUBJECT: AGENDA ITEM i cfn1 - MEETING OF OCTOBER 26, 1993
SERVICE AUTHORIZATION NO. 16/HAZEN AND SAWYER. P.C.
DATE: October 22, 1993
This item is before you to consider a service authorization in the
amount of $53,870 to the contract with Hazen and Sawyer, P. C. for
engineering services in conjunction with the Lake Ida Road/Barwick
Road Water Main Extension Project.
The project consists of installing a 12 inch water main along Lake Ida
Road from the intersection of Lake Ida and Barwick Roads to Military
Trail and along Barwick Road, north of High Point Boulevard to Lake
Ida Road. Tie-ins are to be made with the proposed water main on
Barwick Road and on Military Trail. Also included are all valves,
fire hydrants, service connections and all system appurtenances in
accordance with the City's Master Water Plan.
The scope of service under this authorization includes:
-Preparation of specifications, contract drawings (plan/profile),
permit applications, cost opinion, assistance in bidding and
services during construction.
Included separately in the agreement is a $10,000 contingency for
additional services. Any work required over the base authorization
amount will require prior approval by the City Manager.
Recommend approval of Service Authorization No. 16 to the contract
with Hazen and Sawyer, p.e. in the amount of $53,870; with funding
from 1993B Water and Sewer Revenue Bond - Water Main/Lake Ida (Account
No. 440-5179-536-63.56) and Water Main/Barwick Road (Account No.
440-5179-536-63.55).
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Agenda Item No.:
AGENDA REQUEST
Date: October 18, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 26, 1993
Description of item (who, what, where, how much): Staff requests City
Commission's approval of service Authorization No. 16 for Hazen & Sawyer, P.C.
for professional consulting services in conjunction with a 12" water main
extension along Lake Ida Road between Barwick Road and Military Trail (2650'
plus or minus) and along Barwick Road between Highpoint Blvd. and Lake Ida Road
(1750' plus or minus) per City's Master Water Plan. This agreement is in the
amount of $53,870.00 with $10,000.00 additional services if authorized by the
City Manager and includes survey, plan preparation, budget opinion, permitting
and inspections/certifications for the proposed main extension, The funding
sources for this project are accounts #440-5179-536-63.56, 1993 Water & Sewer
Bond for the Lake Ida Road segment and #440-5179-536-63.55 for the Barwick Road
segment. The City project numbers are 93-077 (Lake Ida Road) and 93-075
(Barwick Road).
ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED YES/~
Recommendation: Staff recommends approval of Service Authorization No. 16 for ~
Hazen & Sawyer, P,C.
Department Head ~=rl.'~ ('1tr!1J
Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: NO
Funding alternatives ~if tPPliCab1e) .
Account No, & D,scriP"tion440-~nC1~~0.03'~-.s ~3V~/S:13oNt>-v-J\~MAIN BP\~V\lIC~. ~p,
Account Balance (l1,COJ
City Manager Review:
Approved for agenda: ~NO etfJ)
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Richard C. Hasko, P.E.
Deputy Director of Public Utilities
SUBJECT: HAZEN & SAWYER, P.C. ,
SERVICE AUTHORIZATION NO. 16
LAKE IDA ROAD/BARWICK ROAD WATER MAIN EXTENSION
PROJECT NO. 93-077 AND 93-075
DATE: October 19, 1993
Attached is an agenda request with a copy of Service
Authorization No. ~ for Hazen & Sawyer for professional
consulting services in conjunction with a twelve (12) inch water
main extension along Lake Ida Road between Barwick Road and
Military Trail (2650' plus or minus) and along Barwick Road
between Highpoint Blvd. and Lake I da Road (1750' plus or minus)
per the City's Master Water Plan.
This service authorization is in the amount of $53,870.00 with
additional services of $10,000.00 if approved by the City Manager
and includes survey, plan preparation, budget opinion, permitting
and inspections/certifications for the proposed water main
extension. The funding sources for this project are account
numbers 440-5179-536-63.56, 1993 Water & Sewer Bond for the Lake
Ida Road segment and #440-5179-536-63.55 for the Barwick Road
segment,
P.E.
RCH : smm
ATT:
cc: William H. Greenwood, Director of Environmental Services
Ralph Hayden, City Engineer
Ted Glas, Purchasing Officer
Victor Majtenyi, Construction Manager Tech.
File: Memos to City Manager
Project No, 93-077(D) & 93-075(D)
CC Agenda File 10/26/93
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CITY OF DELRAY BEACH
CONSULTING .SERVICE AUTHORIZATION
DATE: September 23, 1993
SERVICE AUTHORIZATION NO, -'PI jlu FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE:
PROJECT NO. (CITY) (HAZEN AND SAWYER, P.C.)
TITLE: Barwick Road and Lake Ida Road Water Main Extension
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the contract dated as if written there in full.
I. PROJECT DESCRIPTION
This Service Authorization represents the provision of water services to Barwick Road and the
western section of Lake Ida Road. The scope of this Service Authorization is, but not limited to:
preparation of specifications, contract drawings (plan/profile), permit applications, cost opinion,
and part-time residence services during construction for the following work:
1. Approximately 1,750 L.F. of 12-inch water main extension along Barwick Road from north
of High Point Boulevard to Lake Ida Road. The Work will include all valves, fire hydrants,
service connections, and all system appurtenances in accordance with City requirements.
2. Tie-ins are to be made with the existing 18-inch water main in the vicinity of High Point
Boulevard and with the proposed 12-inch water main on Lake Ida Road.
3. Approximately 2,650 L.F. of 12-inch water main extension along Lake Ida Road from the
intersection of Lake Ida Road and Barwick Road to Military Trail. The Work will include
all valves, fire hydrants, service connections, and all system appurtenances in accordance
with City requirements.
4. Tie-ins are to be made with the proposed 12-inch water main on Barwick Road and the
existing 12-inch water main on Military Trail.
5. Provide survey services consisting of field topography and horizontal locations referenced
by baseline station and offset or electronic data collection of all existing improvements
within the full right-ot-way (Road) and limits of project to include the following:
A. Topographic elevations at 100' intervals to depict existing ground protile at
proposed pipe location which may include: Centerline grade (existing PGL), edge
ot pavement grade, location and grade ot curb, gutter, swale centerline, front and
PROSC118.BCA: 10-18-93
Page 1 of 6
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back of sidewalk, and right-of-way line, including cross sections at all P.C./P.T.
points of intersection return radii, and P.1. of intersections.
B. Location and dimensions of existing roadway, payment, driveways, sidewalks,
curb, etc" including P.C./P.T. of intersection return radii.
C. Location of existing utilities and drainage facilities including pipe diameter, direction
and invert elevations, rim/grate elevations of all storm, sanitary, and other
accessible structures exclusive of Florida Power and Light/Southern Bell facilities.
D. Location of all trees, shrubs, mailboxes, signs, fences, and other encumbrances
found within the right-of-way.
E. Provide and reference benchmarks at maximum 600' intervals.
F, Mapping document to include road right-of-way lines and centerlines according to
plat of record and identify limits and lines of relevant platted projects.
II. SCOPE OF SERVICES
Phase I . Study and Report - Not Applicable
Phase II . Preliminary Design Pl1ase
CONSULTANT shall provide preliminary design phase services in accordance with Article
III.B of the contract.
Phase III . Final Design Phase
CONSULTANT shall provide final design phase services in accordance with Article III.C
of the Contract.
CONSULTANT shall produce the final design drawings on standard 4-mil, 22-inch by 34-
inch mylar sheets. CONSULTANT shall prepare all drawings utilizing a CAD system.
CONSULTANT shall furnish, with the drawings, one set of CAD drawings files on IBM PC-
AT formatted, magnetic media compatible with AUTOCAD Version 10 (or later) for use by
CITY.
Services shall include preparation of detailed final opinion of probable construction cost
based upon the completed final design drawings and specifications as approved by CITY.
The estimate shall reflect changes in scope incorporated during design reviews with CITY
staff.
CONSULTANT shall be responsible for the coordination with CITY staff and departments,
and for the activities of the sub-consultants. Part of this function is to monitor progress
of all staff associated with the project and to identify critical areas of concern which fall
behind schedule. CONSULTANT will maintain a detailed project schedule and take steps
when necessary to insure the project stays on schedule. CONSULTANT shall submit
monthly project status reports to CITY.
PROSC 118.BCA: 10-18-93
Page 2 of 6
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CONSULTANT shall prepare and submit, on behalf of CITY, construction permit
applications to the following regulatory agencies:
. State of Florida HRS (Health Department)
. State of Florida Department of Environmental Regulation
. City Building Department
. Department of Transportation
Associated permit application fees shall be determined by CONSULTANT and paid by
CITY.
Phase IV - Bidding/Negotiation Phase - By the City
The CITY will coordinate all Bidding/Negotiation Services.
Phase V - Construction Phase
CONSULTANT shall provide Construction Phase services in accordance with Article III.E
of the Contract.
CONSULTANT shall provide part time resident project representation through its Resident
Engineer and Engineering Inspectors in accordance with Article III.F of the Contract. Part
time resident project representation shall not exceed 140 hours.
The CITY will provide material and soil testing and inspection services as required to
assure compliance with the construction documents. Also, CITY will utilize the services
of a concrete testing laboratory to perform concrete tests as detailed in the construction
specifications and deemed necessary by CONSULTANT. CONSULTANT shall not be
responsible for the means, methods and accuracy of material testing subcontractors.
Phase VI ~ Resldent_Prolect Re.nresentatlve Phase - Not Applicable
Additional Services
Provide aejditional services relating to the provision of water and hydrant services to the
project areas. These additional services may be required due to uncertainties discovered
during survey, soils, investigations, field verification of existing facilities and conditions,
and potential property or easement acquisitions. Services performed under this task will
be on an as-directed basis in accordance with a written Notice to Proceed from the City
Manager. Each Notice to Proceed issued shall contain the following information and
requirements.
. A detailed description of the work to be undertaken
. A budget establishing the amount of the fee to be paid in accordance with
the Agreement.
. A time established for completion of the work.
PROSC118.BCA:10-18-93
Page 3 of 6
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ASSUMPTIONS
Work described herein is based upon the assumptions listed below. If conditions differ from those
assumed in a manner that will affect schedule or scope of work, CONSULTANT will advise the
CITY in writing of the magnitude of the required adjustments. Changes in completion schedule
or compensation to the CONSULTANT will be as negotiated with the CITY.
1. CITY will provide to CONSULTANT record drawings of all existing facilities which shall
serve as the basis for modifications included in this project.
2. CITY will return to CONSULTANT within 1 0 working days after receipt from
CONSULTANT, one copy of the predesign layout and of the 50 percent and 80 percent
complete draft contract documents containing all comments to be considered for
incorporation into the final documents.
3. CONSULTANT has assumed that all water and hydrants line alignment is within CITY
rights-of-way.
4. CITY will be responsible for acquisition, surveying, and legal description of easements of
property required for facilities.
5. CITY will observe the construction on a day-to-day basis and will provide the
CONSULTANT with information on a daily basis concerning the progress of the work.
The CITY will give prompt written notice to the CONSULTANT whenever CITY's staff
become aware of any actual or suspected defect in the work of the CONSULTANT. The
CONSULTANT will have the maximum opportunity to mitigate any damages from such
defect.
6. CONSULTANT has not included preparation of operation and maintenance manuals or
startup services in this scope of work.
7. There are no canal, jack and bore, County or highway crossways required.
8. Services during construction are based on a maximum of 3-month construction period,
III. DATA AND SERVICES TO BE PROVIDED BY THE CITY
CITY shall provide Data and other services in accordance with Article IV of the Contract. As
additional services, the CITY will provide material and soil testing and inspection services as
required to assure compliance with the construction documents. Also, CITY will utilize the
services of a concrete testing laboratory to perform concrete tests as detailed in the construction
specifications and deemed necessary to CONSULTANT. CONSULTANT shall not be responsible
for the means, methods and accuracy of material testing subcontractors.
The CITY shall also provide excavation, labor, equipment and materials required to locate the
alignment and elevation of existing underground utilities within the construction areas of this
project.
PROSC118BCA:10-18-93
Page 4 of 6
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IV. TIME OF PERFORMANCE
The completion dates for this work will be as follows (starting at written Notice to Proceed).
Time per Phase Cumulative Time
Phase II - 2 months 2 months
Phase III - 3 months 5 months
Phase V - 3 months 8 months
V. COMPENSATION
The compensation for services provided shall be billed on an hourly basis plus reimbursable
expenses for each phase of work in accordance with Article VII, Method II, up to the following not
to exceed cost for each phase.
Fees
Phase II - Preliminary Design Phase $ 4,805
Phase III - Final Design Phase 26,325
Phase V - Construction Phase 10,740
Surveying 10,500
Out of Pocket Expenses 1,500
Additional Services (If authorized by City Manager) 10,000
TOTAL $53,870(1)
Notes:
(1lTotal design services cost does not include the $10,000 for additional services (if authorized by
the City).
PROSC118.BCA: 10-18-93
Page 5 of 6
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This Service Authorization is approved contingent upon the CITY'S acceptance of and
satisfaction of the completion of the services rendered in the previous phase whereas
encompassed by the previous Service Authorization. If the CITY in its sole discretion is
unsatisfied with the services provided in the previous phase or Service Authorization, the CITY
may terminate the contract without incurring any further liability. The consultant may not
commence work on any Service Authorization approved by the CITY to be included as part of the
contract without any further notice to proceed.
Approved by:
CITY OF DELRA Y BEACH HAZEN AND SAWYER, P.C.
Date: Date:
By:
Thomas E. Lynch Saade M. Chibani, P .E.
Mayor Senior Associate
Witness
Attest:
Approved as to Legal Witness
Sufficiency and Form
STATE OF Florida
COUNTY OF Palm Beach
The foregoing instrument was acknowledged before me this _ day of _, 1993 by
Saade M. Chibani, Senior Associate (name of officer or agent, title of officer or agent, of Hazen
and Sawyer, P .C. (name of corporation acknowledging), a New York (state or place of
incorporation) corporation, on behalf of the corporation. He/She (is personally known to me) or
has produced identification), Florida Driver's License (type of identification)
(as identification) and (did/did not) take an oath.
Signature of Person Taking
Acknowledgement
Name of Acknowledger Typed,
Printed or Stamped
PROSC118.BCA: 1 0-18-93
Page 6 of 6
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tl/1
SUBJECT: AGENDA ITEM i ~ - MEETING OF OCTOBER 26. 1993
ADDENDUM NO. 2 TO SERVICE AUTHORIZATION NO. 3/PROFESSIONAL
ENGINEERING CONSULTANTS, INC.
DATE: October 22, 1993
This item is before you to consider an addendum to Service
Authorization No. 3 to the contract with Professional Engineering
Consultants, Inc. in the amount of $7,582 for additional engineering
services in conjunction with the design and coordination of
alternative generator and air scrubber locations at Lift Station Nos.
1, 4 and 11 and modifications for the above ground fuel tank at the
new booster pump station.
The original plans for the Booster Pump Station project included the
installation of air scrubbers at Lift Station Nos. 1 } 4 and 11 for
odor control. The initial proposal called for the equipment to be
installed outside the stations on concrete slabs with no enclosures or
screening. However} upon further evaluation staff felt it more
appropriate to locate this equipment inside the existing lift station
buildings to prevent exposure to weather and for aesthetic purposes.
Likewise the generator was proposed to be installed outside and
covered with a dampening cover. This equipment was relocated inside
the building at Lift Station No. 1, with a savings to the City for the
dampening cover. A detailed staff report is attached as backup
material for this item.
Recommend approval of Addendum No. 2 to Service Authorization No. 3 to
the contract with Professional Engineering Consultants, Inc. in the 1
amount of $7,582 with funding from Renewal and Replacement Lift
Station Conversion to Submersible (Account No. 442-5178-536-61.83).
i
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Agenda Item No.:
AGENDA REQUEST
Date: October 18, 1993
Request to be placed on:
__X__ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: October 26, 1993
Description of item (who, what, where, how much): Staff requests City
Commission's approval of Addendum No. 2 to Service Authorization No. 3 for
Professional Engineering Consultants, Inc. in the amount of $7,582.00 in
conjunction with the In-line Booster Pump Station project, PN 90-005.
Additional compensation requested is for supplemental consulting services
regarding air scrubber locations at L.S. Nos. 1, 4 and 11, generator location at
L.S. No. 9 and modifications to the above ground fuel tank at the new booster
pump station. Funding for this request is from account #442-5178-536-61.83.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
~ ~
Recommendation: Staff recommends approval of Addendum No. 2 to Service ~
Authorization No. 3 for P.E.C.
Department Head ~~~ ~
Signature: fh,eu,.:J.:J,.. It::> /;g
f
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~liCable)
Account No. & Description ~1-S r )g '"'"5~. 0, \-(~3 'R~ I L i Y\ S\A . UJNV. TV
Account Balance 1m ,0~1 SlABtv\~~~ J3cf2
r
city Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
/agen2513.doc
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MEMORANDUM
TO: David T. Harden
City Manager ~ j,
/P (~
THRU: William H. Greenwood ~
Director of Environmental Services
FROM: Richard C. Hasko, P.E.
Deputy Director of Public Utilities
SUBJECT: ADDENDUM NO. 2 TO SERVICE AUTHORIZATION NO. 3
FOR IN-LINE MASTER BOOSTER PUMP STATION
P.E.C. , INC.
PROJECT NO. 90-005
DATE: October 18, 1993
Attached is an agenda request with a copy of Addendum No. 2 to
Service Authorization No, 3 for P.E.C. , Inc. in the amount of
$7,582.00. Additional compensation requested is for design and
coordination involved with alternative generator and air scrubber
locations at Lift Station Nos. 1, 4 and 11 and modifications for
the above ground fuel tank at the new booster pump station to
accommodate Fire Dept. requirements. Funding for this
expenditure is from account #442-5178-536-61.83.
&
RCH : smm
ATTS:
cc: Ralph Hayden, P.E. , City Engineer
Howard Wight, Construction Manager
Victor Majtenyi, Construction Manager Tech.
File: Memos to City Manager
Agenda Packet - 10/26/93
Project No. 90-005(D)
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PROFESSIONAL ENGn~EERING CONSULTANTS, INC.
CITY OF DELRAY BEACH
CONSUL11NG SERYICE AUTHORIZATION No.3
ADDENDUM NO. ~
DATE:
SERVICE AUTHORIZATION NO. FOR CONSUL TINO SERVICES
CITY P.O. NO. CITY EXPENSE CODE
PROJECT NO.:
CITY OF DELRA Y BEACH PEC DB-Q4
TITLE: IN-LINE BOOSTER MASI'ER PUMP STATION: REDESIGN OF ODOR CONTROL SYSTEMS
AND LIFT STATION NO.1 GENERATOR ROOM
This service authorization, when executed, shan be incorporated in and shan become an integral part of the
Contract, Dated December 4, 1991, by and between the City of Delray Beach and PEC.
I, PROJECT DESCRIPTION
The objective of this Addendum is to provide authorization for additional design services that were requested by
the City.
II, SCOPE OF SERVICES
Provide the design and construction plans and specifications for the construction of changes related to the air
scrubbers at Lift Station No.1, 4 and 11, the emergency generator room at Lift Station No.1, and the
aboveground fuel tank at the Booster Master Pump Station. The development of this assignment consists of one
(1) phase as provided in our Agreement for Engineering Services dated December 4, 1991 and generally
described as follows (phase I, n, IV and V are provided under previous authorizations).
Phase
III Final Desip Phase: Preparation of drawings and specifications, 30% and 90% completion level reviews
with City Staff.
Detailed Scope of Services is included in Attachment "A".
III. BUDGET
The following services shall be paid on the basis of the following methods in accordance with the Contract
Agreement, the total not to exceed $7,582 without further authorization from the City:
Acti vi ty Basis or Payment Budi:et
Phase III - Final Design Phase Lump Sum $ 7,582.00
Total Budget this Authorization $ 7 .582,00
- 1 - DB-04.W51 (9-21-93)
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CONSULTING SERVICE AUTHORIZATION No.3
ADDENDUM NO.1
Continued
Detailed Manhour and Budgets are included in Attachment "B".
IV. COMPLETION DATE
The additional design services will be completed by October 1, 1993.
This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of
the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its
sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may
terminate the contract without incurring any further liability.
APPROVED BY mE CITY OF PROFESSIONAL ENGINEERING
DELRA Y BEACH CONSULTA NC.
DAY OF . 1993 BY:
PE
Date: (SEAL)
CITY OF DELRA Y BEACH, a municipal ~~.J tne<&!d' "f
corporation of the STATE OF FLORIDA ATTEST:
STATE OF FLORIDA
COUNTY OF ORANGE
BY:
MAYOR Th~Joregoing instrument was acknowledged before me this :// ii/day of
...... -I . , 1993 by Tom R. Kelley. P.E.
_ )("'-7 ~/'-' t".C':? ,
ATTEST: , (name of officer or agent, title of officer or agent
of, or agent, of Professional Engineering Consultants. Inc. ,
BY: (name of corporation acknowledging), a ::!L'B-'/L "C C'L. , (state or place
of incorporation), corporation, on behalf of the corporation. He/She is
personally known to me/or-has produced
APPROVED AS TO FORM: (type of identification) as identification and-did. (did not) take an oath.
BY:
City Attorney
(SEAL)
- 2 - DB-04.W51 (9-21-93)
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MEMORANDUM
TO: DAVID T. HARDEN
City Manager
FROM: Richard C. Hasko, P.E.
Dep. Dir. of Public Utilities
DATE: October 20, 1993
SUBJECT: ADDENDUM NO. 2 TO SERVICE AUTHORIZATION NO. 3
FOR IN-LINE MASTER BOOSTER PUMP STATION
P.E.C., INC.
PROJECT NUMBER 90-005
Regarding the subject addendum (see attached memo), the
original plans for the Booster Pump Station project included
the installation of air scrubbers at lift stations 1,4, and
11 for odor control. The initial proposal called for
scrubber equipment to be installed outside the stations on
concrete slabs with no enclosures or screening. This
exposure to the weather was considered detrimental to the
life of the equipment as well as causing a problem with
aesthetics at these locations. For these reasons, P.E.C.
was requested to assist in evaluating each of the three (3)
stations for suitable internal locations for the scrubber
equipment and subsequent design and coordination to
accommodate equipment installation in the revised locations.
The generator relocation referenced in the attached memo is
to be located at lift station No. 1 on S.E. 6th Ave. Rather
than locating the generator outside on a slab with sound
dampening covers, we requested that P.E,C. evaluate the
existing structure adjacent to L.S. #1 on the east for the
generator location. This building currently houses an
existing out of service air scrubber and a chemical tank for
hydrogen peroxide used in conjunction with our peroxidation
contract for hydrogen sulfide control. Neither of these two
(2) items will be needed when the system modifications in
the booster pump contract are complete and, subsequent to
P.E.C's evaluation, we will be utilizing this existing
structure to house the new air scrubber and the auxiliary
generator.
The end result of the foregoing evaluations and design
modifications will be that, other than easily screened
chemical tanks, all of the new equipment will be located
inside existing structures, protected from the weather and
hidden from view.
Should you have any further questions in this regard, please
contact me at ext. 7303.
cu.Dc~
Richard C. Hasko, P.E.
Dep. Dir. of Public Utilities
RCH/gm
ENC: 1
cc: William H. Greenwood, Dir. of Environmental Services
File: Project #90-005 (D)
File: a:harden.doc
"
.
MEMORANDUM
TO: David T. Harden
City Manager ~ f,
/1/ (~
THRU: William H. Greenwood ~
Director of Environmental Services
FROM: Richard C. Hasko, P.E.
Deputy Director of Public Utilities
SUBJECT: ADDENDUM NO. 2 TO SERVICE AUTHORIZATION NO. 3
FOR IN-LINE MASTER BOOSTER PUMP STATION
P.E.C. , INC.
PROJECT NO. 90-005
DATE: October 18, 1993
Attached is an agenda request with a copy of Addendum No. 2 to
Service Authorization No. 3 for P.E.C, , Inc. in the amount of
$7,582.00. Additional compensation requested is for design and
coordination involved with alternative generator and air scrubber
locations at Lift Station Nos. 1, 4 and 11 and modifications for
the above ground fuel tank at the new booster pump station to
accommodate Fire Dept. requirements. Funding for this
expenditure is from account #442-5178-536-61.83.
~.a&
Richard . Hasko, P.E,
RCH:smm
ATTS:
cc: Ralph Hayden, P.E. , City Engineer
Howard Wight, Construction Manager
Victor Majtenyi, Construction Manager Tech.
File: Memos to City Manager
Agenda Packet - 10/26/93
Project No. 90-005(D)
'.
. 1
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:1
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERP;;w1
SUBJECT: AGENDA ITEM it 'tV - MEETING OF OCTOBER 26. 1993
RELOCATION OF FLAGPOLE AT VETERANS PARK
DATE: October 22, 1993
We have received a request from the Veterans Affairs Council to move
the flagpole at Veterans Park in order to allow a larger assembly
area. The estimated cost for moving the pole is $2,500.
In the planning of the park, the architect and staff had several
meetings with the several Veterans groups. The issue of the flagpole
was never raised.
I recommend that the flagpole not be moved unless the Veterans
organizations pay the costs for relocation.
,
r~~~.
1Ut~~~
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,
UETERRNS RFFR IRS CDUNC I L
Of' aREA TER Dt:.LRAY f,t:..ACH
COMMANDER: ABRAHAM BELLIS 6256 STANLEY LANE DELRA Y BEACH, FL 33484
MEMBERS
American Legion Post No.65
American Legion Post No, 188
Catholic War Veterans No. 1899
Disabled American Veterans Chapter No.152
First Marine Division
Jewish War Veterans Post No. 266
Military Order of the Purple Heart No,687
V.F,W, O'Neil Preist Post No. 4141
-_. "
8 SEPTEMBER 1993
HONORA8lE TOM LYNCH RF.: FLAG POLE , ITS
MAYOR OELRAY BEACH LOCATION
100 S.W. 1ST AVENUE VETERANS PARK
OELAAY BEACH, DELRAY BEACH
FLORIDA, 33444 JOf! Wr..DON..'O'lstECTOR OF PARKS & /'
CC:
RIClItATte..'
DAVID HARDEN-CITY MANAGER V".
SIR:
IN THE MATTER OF THE FLAG POLE AND ITS PRESENT LOCATION
AT VETeRANS PARIC-DELRAY BEACH. we FINO IT UNACCEPTABLE AND WOULD
REQUEST AT YOUR CONVENIeNCE A MEETING AT VETERANS PARK SO THAT
WE MIGHT DISCUSS THIS HATTeR PURTHER. MY TELEPHONE NUMBER IS
"07-4"-1356. . .
.
RECEIVED SEP , 9 1999
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f1v1
EITY DF DELIAY HEAEM
100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Flagpole at Veterans Park
DATE: September 30, 1993
On September 21, 1993 I met with Mr. Bellis and two other gentlemen of
the Veterans of Foreign Wars at Veterans Park. These gentlemen were
concerned about the location of the flagpole, and requested if it could
be moved to allow a larger assembly area approximately thirty feet to
the inside of the sidewalk that runs on both sides of the pavilion (see
attached map). In the planning of this park, the architect and I have
had several meetings with the VFW, American Legion, Jewish War
Veterans, etc., and never has the issue of the location of the flagpole
been raised. Attached please find copies of the minutes of the Site
Plan Review and Appearance Board of October 9, 1991 at which VFW was
represented, and no mention was made of relocating the flagpole. On
November 12, 1991 Bob Currie and I had a meeting with 11 people, all
representing the American Legion, VFW and Jewish War Veterans, and the
location of the flagpole as being a problem was never raised.
After discussing it with Larry Schneider, he and I both agree the
flagpole is in the proper location between the two monuments. However,
the veterans can be politically persistent and, if you agree to move
it, I would advise that it will be done with Phase II of the park.
Please review and advise.
/U
Parks and Recreation
Ref:dhvetpol
THE EFFORT ALWAYS MATTERS
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MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
MEETING, WEDNESDAY, OCTOBER 9, 1991 AT 6:30 P.M,
Members Present Others Present
Mark Marsh, Chairman Janet Meeks, Planner
Rett Talbot (arrived later) Joyce Desormeau, Sign
Gene Fisher Administrator
Sam DeOto Steven Taylor, Planner
Tom LaSalle
Jess Sowards
Debora Oster
I. The Chairman called the meeting to order at 6:30 p,m. and the
recording secretary took the roll,
II. Mrs. Oster moved to approve the Minutes from the meeting of
September 25, 1991- Seconded by Mr. LaSalle, Passed unanimously.
III. OLD BUSINESS
a. 60 Minute Auto Tint 91-12524
1 West Linton Boulevard
Ken Barackinan
Colors Not Per Blanket Approval
Represented by Ken Barackinan. It was noted all other signs in the
center are per the master sign program. Mr, Barackinan stated his
landlord had informed him he could use the sign. (Mr. Talbot arrived.)
The members were polled and were not in favor of granting the sign
since the sign was too much of a contrast from the approved program.
It was noted the applicant was cited for a violations. One suggestion
was that the sign be placed behind the garage door; the applicant
responded this was not feasible, Other suggestions were given, The
members felt the sign should have more consistency with the green
letters and that the applicant confer with a sign company, The members
would allow some flexibility in the channel lettering, After
discussion, Mr. Fisher moved to table until the applicant confer with
staff and a sign company and could return in two (2) weeks, Seconded
by Mrs, Oster with the vote as follows:
Debora Oster Yes
Rett Talbot Abstained
Sam DeOto Yes
Tom LaSalle Yes
Gene Fisher Yes
Jess Sowards Yes
Mark Marsh Yes
"
MINUTES: Site Plan Review and Appearance Board Meeting
October 9, 1991
Page 4
Debora Oster Yes
Rett Talbot Yes
Sam DeOto Yes
Tom LaSalle No
Gene Fisher Yes
Jess Sowards Yes
Mark Marsh Yes
V. PUBLIC HEARING
A. Veteran's Park
N.W. Corner of Atlantic Avenue & Intracoastal
Currie, Schneider & Associates
Concept Plan Review
Represented by Joe Weldon, Director of Parks and Recreation, and Robert
Currie, architect for the park. Mr, Marsh noted the review is
conceptual only. The applicants stated the lift station will be
relocated. Presently, there is no integration between the recreation
building and the park; this will be changed, The adult center will be
open to more programs. The applicants stated they have met with
several groups, Mr. Currie stated the plan is conceptual only and no
design detail has been provided. He stressed the plan is not final.
He explained he has attempted to open the park to the street to have it
visible, A walkway along the waterway is planned. He would like to
have a fountain, The gazebo acts as a focal point and there is an open
field, The existing landscaping will be used and will be augmented.
He would like to move the monument to a more prominent location, AT
this point, the Chairman asked if there was anyone from the public who
wished to speak, Several members of the Neil Priest, VFW, Post 4141
were present and some spoke against moving the monument and were
distressed by this, It needs to be preserved. The members of VFW who
spoke in opposition were Henry Balvin and Earl Owens, Sam Kurtz and
Aleida Riley also spoke regarding the monument, Jerry McCall, of the
Lawn Bowling Association stated this is a vital attraction to the City.
The area needs to be 120' by 120', minimum, with ditches at each end,
He favored the elimination of the shade trees and stated there were
many other specifications which needed to be considered. Carolyn
Patton stated she was not in favor of redesigning or moving the
monument and was here to speak on behalf of the children. She
suggested planning the landscaping and the play equipment at the same
time, The landscaping around the equipment is needed for shade. She
would like more funding for the equipment. The fence is another issue.
She felt 6 I is not practical. She would like to have the picnic area
opened into the childrens' area. She is asking for the support of the
board. Cynthia Gracey commented on the 6' chain link fence. She felt
this was not functional and other options should be considered. Janet
Fisher stated she would like to be able to watch the children and would
like the bathrooms attached to the building. She commented there is
not telephone~6 no provisions for calling #911, the emergency line.
()'>A1../
'.
MINUTES: Site Plan Review and Appearance Board Meeting
, October 9, 1991
Page 5
Richard Raab was in favor of having the monument remain where it ts.
He added he was a WW II veteran, He would like to have the childrens'
area expanded. He suggested using Old School Square rather than the
adult center for activities, The adult center area could provide for
parking. Laura McCormick wanted to "open" the picnic area and favored
a fence along the intracoastal. James Johnson suggested using a
fountain and relocating the pump stations and combining into a major
feature, Rita Stutz felt the plan would destroy the trees and did not
favor the amphitheater, no cabanas along the waterway. Jim Gordon of
the shuffleboard club stated room is needed in the middle of the courts
and he would like shade, Debbie Cohen was not in favor of the gazebor
where it was proposed and was concerned about the cost of the
equipment. Nancy Lashway appreciated the "openess" and was not in
favor of chain linking for the children. Roy Faust stated Mr. Currie
had not addressed the people in N.E. 1st Street. Kathy Stokes
presented written comments to the Board Secretary which will be kepts
on file. She would like to have the property developed in the same
manner as a private developer would do so. She expressed concern
regarding the master lift stations, Mrs, Stokes stated theses are two
distinct buildings and no provision has been made for service vehicles
for the stations, She felt the amphitheater would encourage too much
denisty. Cecil Cox wanted more shade trees in the park. Mr. Currie
responded that he would take these comments into consideration and his
intention was to create something nice, John Hait was concerned about
the possible increase in noise, Mr. Marsh closed the public hearing
and addressed the members for their comments and concerns. Mr. Talbot
felt the grassy area needed to be "down played" suggested the gazebo be
reviewed for size and elevations, He favored maintained the
shuffleboard area in its present location to save money. He felt the
existing vegetation was pleasant and encouraged the applicants to
maintanin a shady entrance to the site. He did not favor the cabanas
along the waterway. He would support the purchase of new equipment. He
did not have a problem with moving the monument but it needs to be
incorporated into the site to maintain it as a prominent structure: the
monument is a focal point and he did not favor a fence along the
intracoastal waterway. He felt there was some discrepancies in the
design of the pump station, Mr. DeOto felt the plan was rather
attractive but did question the location of the bathrooms; he felt a
"facelift" may be in order. Mr, Fisher would favor reducing the open
field. The line of site for the picnic area (so the parents would be
able to watch the children) was important, He added shading is
an important factor. He was not in favor of a fence along the
waterway, He appreciated the suggestions made by Mr. Johnson. Mr.
LaSalle wants shade and felt the cabanas were acceptable. He felt if
any reductions were made, they should be made in the grassy
amphitheater area. He wanted to maintain the monument and wanted to
have it serve as the focal point. At this point, Mr. Currie stated he
was not in favor of moving the shuffleboard courts, In sununary, Mr.
Marsh stated the monument is an issue and urged the applicants to meet
with these groups. He felt the proposal was an improvement. He would
'.
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MINUTES: Site Plan Review and Appearance Board Meeting
, October 9, 1991
Page 6
he would prefer a barrier instead of a fence. He felt the park
encompased many elements. He favored the reduction of the "gathering
area", The plan was reviewed for comments only. No decisions were
made.
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FOR GAZEBO PLAN, 5ECT/ONS,
"- AND ELEVATIONS
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[ITY DF DELRAY BEA[H
100 NW. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
.....
Al-WldcaClly
, III I!
1993
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager ~
SUBJECT: AGENDA ITEM #9r CITY COMMISSION MEETING 10/26/93
BID AWARDS TENNIS CENTER PHASE II
DATE: October 22, 1993
Bids for the Tennis Center Phase II project were opened on
10/21/93. The architect, Digby Bridges, Marsh and Associates,
Inc. , is in the process of analyzing the bids and preparing a
recommendation for award. The recommendation has not been
prepared as of the writing of this memo. A bid award package
will be delivered to City Commission prior to the meeting on
Tuesday.
RAB:kwg
oJ.; ~ ///#1.p
@ Pnn!eo' (1-,; THE EFFORT ALWAYS MATTERS
P'a{le,r
'"
"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i {;).A - MEETING OF OCTOBER 26. 1993
ORDINANCE NO. 61-93
DATE: October 22, 1993
This is the first reading of an ordinance repealing Ordinance No.
56-93, in its entirety, and enacting a new ordinance amending Chapter
54, "Sewers", to clarify when a sewer connection charge must be paid;
enacting new service rates and charges; clarifying the the collection
method of sewer charges and changing the effective date.
This ordinance is necessary because the typeset inadvertently inserted
the water rates into Ordinances No. 56-93.
Recommend approval of Ordinance No. 61-93 on first reading. If passed
public hearing November 9th.
~ 5-/
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Agenda Item No. :
AGENDA REQUEST
Date: 10-18-93
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When:. 10-26-93 (first reading); 11-09-93 (second reading)
Descri:-ption of agenda item (who, what, where, how much): Repealing Ordinance
Number 56-93 (revisions to sewer ordinance) and enacting Ordinance Number-61-93 as some
wording was inadvertently omitted in Ordinance Number 56-93. Additionally, the effective
date of the Ordinance needed to be changed from the original date of October 1, 1993 to
December 1. 1993 to accommodate rate change implementation.
ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval is recommended.
Department Head Signature:
Determination of Consistency
N/A
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO (if.applicable)
Funding alternatives:
Account No, & Description:
Account Balance:
City Manager Review:
Approved for agenda: (iY/ NO tfJ1
Hold Until:.
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
"
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph M. ~
Director of Fi
SUBJECT: Agenda Request - Sewer Ordinance Revision
New Ordinance Number 61-93
DATE: October 18, 1993
Sewer Ordinance Number 56-93, which was recently approved by the City
Commission, inadvertently omitted some wording which should have been included
in the rewrite of Section 54,32. Additionally, as the City Commission did not
approve the Ordinance prior to October 1, 1993, the effective date of the
Ordinance should have been changed to December 1, 1993 to accommodate the
implementation of the rate changes for billing purposes.
The City Attorney advised that it would be necessary to repeal Ordinance
Number 56-93 and enact a new Ordinance. We were further advised that this
Ordinance would need to go through a first and second reading process.
We have attached a corrected Sewer Ordinance Number 61-93 so that it may be
included on the City Commission Agenda of October 26, 1993 for first reading
and the Agenda of November 9, 1993 for second reading, If approved, the rates
will become effective December 1, 1993. This same effective date has been
established for the Water Ordinance rate changes, if the Ordinance meets with
the City Commission's approval.
/sam
Attachment
cc: Jan Williams, Utility Billing Manager
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ORDINANCE NO. 61-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING ORDINANCE NUMBER 56-93 IN ITS
ENTIRETY, AND ENACTING A NEW ORDINANCE AMENDING CHAPTER
54, "SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.31,
"CONNECTION CHARGES; EXCEPTION" , TO CLARIFY WHEN A SEWER
CONNECTION CHARGE MUST BE PAID; BY REPEALING SECTION 54.32
AND ENACTING A NEW SECTION 54.32, "SERVICE RATES AND
CHARGES"; BY AMENDING SECTION 54,33, "TIME AND METHOD OF
PAYMENT OF SERVICE CHARGE" , TO CLARIFY THE COLLECTION
METHOD OF SEWER CHARGES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER 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 Ordinance Number 56-93 is hereby repealed in its
entirety.
Section 2. That Section 54,31, "Connection Charges; Exception", of
the Code of Ordinances of the City of Delray Beach, Florida is hereby amended
to read as follows:
(A) Connection charges.
(1) In addition to the rates set forth in Section 54,32, there
is established a sewer connection charge for each connection to the city
sewage collection system. The sewer connection charge shall be $1084 for each
separate residential unit or per Equivalent Residential Connection for
non-residential units. wti~t~ /twt/J /t/Jt /itt/Jt~ /ttil/.U~s /U~ /Uitlrit/J /t/Jri /tti~ /stiL~
pt~itts~sl/~atti/stiatt/~~/tt/Jristd~t~d/tt/J/~~/a/s~patat~/t~std~rittat/dw~tttrit/J/~ritt,
tri/apattit~rit/~~ttdtrit/Jsl/tt/Jridt/Jittrit~itsl/tt/Jt/Jp~tatti~sl/d~pt~t~sl/t~st/Jtt/dw~tttrit/J
~ritt/tt/Jitpt~t~sl/itt/Jt~t~/t/Jt/tit/Jt~t~l/arid/tti~/tt~~/arid/tt/Jt/~atti/ttatt~t/~pat~/tri/a
ttatt~t /pat~1 /~atti /ttitrit/J /~ritt /stiatt /~~ /tt/Jristd~t~d /a /~~patat~ /t~std~rittat
dw~tttrit/J/~ritt A residential dwelling unit is defined in Section 54,32,
(2) Connection charges by users of the city sewerage system
wholly outside the corporate limits of the city are fixed at sums equal to the
rates shown in the above schedule in division (A) of this section, plus 25% of
each respective classification. The connection charge shall be paid to the
city at the time of obtaining a permit for a connection and shall be in
addition to the permit fee. The size of the connection shall be determined by
the Plumbing Inspector in accordance with Chapters 161 and 164.
(B) There shall be a non-residential sewer connection charge which
shall be based on $1084 per Equivalent Residential Connection (E.R.C. )
Equivalent Residential Connection shall be calculated as follows:
ORD. NO. 61-93
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Estimated Flow in Gallons per Month
ERC Units = 7,000
Where an estimated flow is not available the following formula shall be used
with reference to the standard Plumbing Code adopted by reference in Chapter
161-
Total Fixture Units
ERC Units = 16
section 3. That Section 54,32, "Service Rates and Charges", is
hereby repealed in its entirety and a new section 54,32 is hereby enacted to
read as follows:
(A) For the purpose of this section the following definitions shall
apply unless the context clearly indicates or requires a different meaning,
(1) "CAPACITY CHARGE." The charges calculated to cover cost
incurred to have the system available and in good operating condition without
regard to use, which shall include, but not be limited to, costs of minimum
personnel, capital outlay, debt service, insurance, transfers, reserve
requirements, and debt service coverage.
(2) "COMMODITY CHARGE," The charges calculated to cover the
costs which vary with the level of service provided, the amount of water
produced or sewage processed, which shall include, but not be limited to,
costs of personnel to operate the system, electricity, repairs and
maintenance, and operating supplies,
(3 ) "CUSTOMER CHARGE," The charges calculated to cover the
costs incurred in the billing system, which shall include, but not be limited
to costs of meter reading, recording, data processing, billing, and
collecting.
(4 ) "RESIDENTIAL DWELLING UNIT." One or more rooms connected
together, constituting a separate, independent housekeeping establishment and
physically separated from any other dwelling unit which may be in the same
structure, and which contains independent sanitation, living, cooking and
sleeping facilities.
(B) The following rates and charges shall be collected from the
users of the city sewerage system:
(1 ) Residential dwelling units, A monthly sanitary sewerage
service charge is imposed upon each residential dwelling 'unit to which
sanitary sewerage service is available through the municipally-owned sewerage
system, according to the following schedule:
ORD, NO. 61-93
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( a) Customer charge $ 1. 55 $ 1.93
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Notes: (1 ) Where no water service is provided and the user is connected to
the sanitary sewer system, there shall be a monthly customer charge of $5.00
,: per residential dwelling unit, and the commodity charge shall be based on the
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.> municipally-owned sewerage system, according to the following schedule:
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(b) Capacity charge (per meter):
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il 2-inch meter 49.40 61. 74
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q 108.15 135.19
:i 4-inch meter
194.61 243.27
;; 6-inch meter 432.51 540.63
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City (per 1,000 gallons) 1.08 1.35
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South Central Regional Wastewater Treatment
Disposal Board (per 1,000 gallons) .71 .BB
Note: For those nonresidential/commercial units where water service is not
available, and the user is connected to the sanitary sewer system or sewer
service is available for connection, there shall be a monthly customer charge
of $5.00 and a capacity charge as set forth above. The commodity charge shall
be based on the average usage for the type of business or non-residential use.
("3) Application. Rates and charges provided for in this section
shall not apply to water billings for such meters as have been determined
by the city to have no relationship to the use of the municipal sanitary
sewer system. Such determination shall be based upon an application
submitted by the user to the city, which application shall be accompanied
by evidence that the water passing through the subject water meter is not
connected to the sanitary sewer system, and is not connected to septic
tanks in areas where the sanitary sewer system is available as defined in
this chapter.
(4) When effective. The initial rates for charges shall be
effective the first day of the month following the date when the system is
constructed, certified for use by the consulting engineer, and accepted by the
city.
Section 4. That Section 54.33, "Time and Method of Payment of
Service Charge" , Subsection (B) , of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
(B) Sewer service charges shall apply and be collected monthly on a
year-round basis whenever water service is provided and without regard to
occupancy,
Section 5. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a
Court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 7. That this ordinance shall become effective December 1,
1993.
PASSED AND ADOPTED in regular session on second and final reading on
this the day of , 1993.
MAY 0 R
ORD. NO. 61-93
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ATTEST:
I City Clerk I
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\!, ORD. NO. 61-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER t'fv1 I
FROM:
SUBJECT: AGENDA ITEM i / ~ 13 - MEETING OF OCTOBER 26. 1993
ORDINANCE NO. 62-93
DATE: October 22, 1993
This is the first reading of an ordinance annexing (3) parcels of land
to the City, with initial City zoning of NC (Neighborhood Commercial)
District; POD (Professional Office) District; and RM (Multiple Family
Residential - Medium Density) District; said land being located on the
north side of West Atlantic avenue between Barwick Road and Military
Trail.
This annexation involves the calling in of water service agreements
for Discount Auto Parts, Delray Medical Center and Sunset Pines
Condominiums.
Accommodating the annexation of these properties and affixing initial
City zoning designations of POD, RM and NC, is consistent with the
Ci ty' s program for annexation of territory within its Planning and
Service Area.
The Planning and Zoning Board at their October 18th meeting recommend
approval. One property owner (Arlene Spodak) spoke in opposition to
the initial zoning designation of POD in that it removes the
commercial use potential for the property. A detailed staff report is
attached as backup material for this item.
Recommend approval of Ordinance No. 62-93 on first reading.
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ORDINANCE NO. 62-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING (3 ) PARCELS OF LAND
TO THE CITY OF DELRA Y BEACH, FLORIDA, WITH INITIAL
CITY ZONING OF NC (NEIGHBORHOOD COMMERCIAL)
DISTRICT, POD (PROFESSIONAL OFFICE) DISTRICT AND RM
(MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) I
DISTRICTj SAID LAND LYING AND BEING IN SECTION 13, !
TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, LOCATED ON THE NORTH SIDE OF WEST ATLANTIC
AVENUE BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS
MORE PARTICULARLY DESCRIBED HEREINj REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING
CLAUSEj AND AN EFFECTIVE DATE.
WHEREAS, 66 Individual Unit Owners are the fee-simple owners
of the Sunset Pines Condominium, a parcel of land lying and being in
Section 13, Township 46 South, Range 42 East, Palm Beach County, i
Florida, as the same is more particularly described herein; and I
WHEREAS, Discount Auto Parts Inc, is the fee-simple owner of I
the Discount Auto Parts Store, a parcel of land lying and being in
Section 13, Township 46 South, Range 42 East, Palm Beach County, i
Florida, as the same is more particularly described herein; and I
WHEREAS, Myles and Arlene Spodak, Trs. , are the fee-simple
owners of the Delray Medical Center, a parcel of land lying and being
in Section 13, Township 46 South, Range 42 East, Palm Beach County,
Florida, as the same is more particularly described herein; and
WHEREAS, The subject properties hereinafter described are
contiguous to the corporate limits of the City of Delray Beach,
Florida; and
WHEREAS, the designation of a zoning classification is part
of the annexation proceeding, and provisions of Land Development
Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and I
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WHEREAS, the City of Delray Beach has heretofore been
authorized to annex lands in accordance with Section 171.044 of the
Florida Statutes.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to said City the
following described lands located in Palm Beach County, Florida, which
lie contiguous to said City to-wit:
Sunset Pines Condominium: A parcel of land lying in the
West Half (W1j2) of the Northeast Quarter (NE1j4) of the
Southwest Quarter (SW1j4) of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida, said parcel being
more particularly described as follows: Commencing at the
Northwest corner of the East 100 feet of the West Half
(W1/2) of the West Half of the Northeast Quarter (NW1j4) of
the Southwest Quarter (SW1j4) of said Section 13; thence
S-Oo-14'-49"-W, on an assumed bearing along the West line of
the said East 100 feet, a distance of 60.0 feet to an
intersection with the South line of the required
right-of-way for Lake Worth Drainage District Lateral Canal
No. 33 as shown on Sheet 109 of 240 Sheets dated May, 1969,
and on file in the Palm Beach County Court House, said
intgrsection being the point of beginning; thence continue
S-O -14'-49"-W, along the said West line of the East 100
feet of the West Half (W1j2) of the West Half (W1/2 ) of the
Northeast Quarter (NE 1/4) of the Southwest Quarter (SW1j4)
of Section 13 a distance of 720.43 feet to a point in a line
547 feet North of and parallel with the North right-of-way
line of State Road No. 806 (West Atlantic Avenue) as shown
in Road Plat Book 3 at Page 27 of t~e Public Records of Palm
Beach County, Florida; then N-89 -06'-10"-W, along said
parallel line, a distance of 3. 18 feetj thence
N-O -14'-55"-E, a distance of 720.39 feet to an intersection
with the said South line of the required right-of-way for
Lake Worth Drainage District Lateral Canal No. 33j thence
East along said South right-of-way line, being 60 feet South
of and parallel with the North line of said West Half (W1j2)
of the Northeast Quarter (NE1j4) of the Southwest Quarter
(SW1j4) of Section 13, a distance of 3.16 feet to the point
of beginning, and a parcel of land in Section 13, Township
46 South, Range 42 East, Palm Beach County, Florida, being
more particularly described as follows: the East Half
(E1/2) of the West Half (W1j2) of the Northeast Quarter
(NE1j4) of the Southwest Quarter (SW1/4) of said Section 13,
lying North of the North right-of-way line for State Road
806 (West Atlantic Avenue), as recorded in Road Plat Book 3,
Page 27, of the Public Records of Palm Beach County, I
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-2- Ord. No. 62-93
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Florida, less and excepting the South 547.0 feet of the West
Half (W1/2) of the above described parcel and less and
excepting the South 330.0 feet of the East Half (E1/2) of
the above described parcel, together with an easement for
ingress and egress purposes, as recorded in Official Record
Book 2570 on Pages 1990 through 1992 inclusive of the Public
Records of Palm Beach County, Florida, and the East 100 feet
of the West Half (W1/2) of the West Half (W1/2) of the
Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4)
of Section 13, Township 46 South, Range 42 East, Palm Beach
County, Florida, less the right-of-way for State Road 806
(West Atlantic Avenue) and less the South 547 feet of the
above described parcels. Subject to a drainage easement for
Lake Worth Drainage District over and across the North 60.0 ,
feet of the above described parcels. i
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Together with: i
parcel of land in Section 13, i
Discount Auto Parts: A
Township 46 South, Range 42 East, Palm Beach County,
Florida, more particularly described as follows: Begin at a
point where the West line of the West Half (W1/2) of the
East Half (E1/2) of the West Half (W1/2) of the Northeast
Quarter (NE1/4), of the Southwest Quarter (SW1/4) of Section
13, Township 46 South, Range 42 East, Palm Beach County,
Florida, intersects the North right-of-way line of State
Road 806; thence run North along said West line 547.00 feet
to a point; thence run East along a line parallel to and
547.0 feet North of the North right-of-way line State Road
806 to a point in the East line of the West Half (W1/2) of
the East Half (E1/2) of the West Half (W1/2) of the
Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4)
of said Section 13; thence run South 547.0 feet to the North
right-of-way of State Road 806; thence run West along said
north right-of-way line to the point of beginning; together
with the portion of Atlantic Avenue right-of-way (SR 806)
lying north of the centerline adjacent to said property.
Together with:
Delray Medical Center: The South 330.0 feet of the
following described parcel: The East Half (E1/2) of the
East Half (E1/2) of the West Half (W1/2) of the Northeast
Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section
13, Township 46 South, Range 42 East, Palm Beach County,
Florida, less right-of-way of record for Lake Worth District
Lateral Canal No. 33, and less the right-of-way for State
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Road 806 (West Atlantic Avenue) as recorded in Road Plat
Book 3, on Page 27, Public Records of Palm Beach County,
Florida, together with the portion of Atlantic Avenue
right-of-way (SR 806) lying North of the centerline adjacent
to said property.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined to include therein the above-described
tracts of land and said lands are hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That Chapter Two of the Land Development Regulations
has been followed in the establishment of a zoning classification in
this ordinance and the tracts of land hereinabove described (Sunset
Pines Condominium) (containing 8.74 acres) is hereby declared to be in
Zoning District RM (Multiple Family Residential-Medium Density) ;
(Discount Auto Parts) (containing 2.05 acres) is hereby declared to be
in Zoning District NC (Neighborhood Commercial); (Delray Medical
Center) (containing 1. 22 acres) is hereby declared to be in POD
(Professional Office District), as def ined by existing ordinances of
the City of Delray Beach, Florida.
Section 4. That the lands hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected
including the Stormwater Management Assessment levied by the City 1
pursuant to its ordinances and as required by Florida Statues Chapter !
197, and persons residing thereon shall be deemed citizens of the City
of Delray Beach, Florida.
Section this of the ,
5. That annexation subject property,
including adjacent roads, alleys, or the like, if any, shall not be
deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically
initiated by the City pursuant to current requirements and conditions.
Section 6. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
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Section 8, That the private streets located in the lands herein
above mentioned shall remain private streets and the City of Delray
Beach, Florida, does not accept such private streets for maintenance
purposes.
Section 9. 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.
MAYOR
ATTEST:
Acting City Clerk
First Reading
Second Reading
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: .~O~~TOR
D~~LANNING AND ZONING
FROM: PAUL DORLING NIOR PLANNER
SUBJECT: MEETING OF OCTOBER 26, 1993
ANNEXATION AND INITIAL ZONING OF THE DISCOUNT AUTO
PARTS, DELRAY MEDICAL CENTER AND SUNSET PINES
CONDOMINIUM DEVELOPMENT TO (NC) NEIGHBORHOOD
COMMERCIAL, (POC) PROFESSIONAL AND OFFICE DISTRICT,
AND (RM) MULTIPLY FAMILY RESIDENTIAL, RESPECTIVELY.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance to annex the
Discount Auto Parts, Delray Medical Center and the Sunset
Pines Condominium Development and apply initial zoning
designations 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.
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. With the execution
of the Discount Auto Parts water service agreement (June, 1993)
it became possible to annex these three contiguous parcels.
Prior to this time annexation was not possible in that the third
parcel (Discount Auto Parts) would have been made an enclave.
On August 24, 1993 the City Commission initiated annexation of
the above properties. On October 7, 1993 staff held a meeting
with the Sunset Pines condominium owners to explain the impacts
and benefits of annexation. This meeting was attended by
approximately thirty residents.
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An analysis of the financial impacts to the properties being
annexed as well as the fiscal impacts on the City are explained
in detail in the attached staff report. For a complete analysis
of this request please refer to the attached annexation staff
report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed the annexation and initial
zoning request at their October 18, 1993 regular meeting. Two
members of the public spoke, the first was Arlene Spodak, owner
of the Delray Medical Center. While she did not oppose
annexation she objected to the initial zoning designation of
(POD) Professional and Office District. The objection was that
it removes commercial potential (restaurant use) the property
currently enjoys under the existing county zoning district of
(CHO) Commercial High Intensity Office District. The second
member of the public Thelma Boast, Vice President of Highland
Trailer Park stated that similar street names within Sunset
Pines (Sunset Pines Drive) and Highland Trailer Park (Sunset
Drive) creates confusions for EMS, Police, and mail delivery.
After taking public testimony the Planning and Zoning Board
recommended approval of the annexation and initial zoning
designations on a unanimous 7-0 vote.
One letter of support was received from Neil Macmillan owner of
the Barnett Bank south of the sites to be annexed.
RECOMMENDED ACTION:
By motion, approve the annexation of Discount Auto Parts, Delray
Medical Center and the Sunset Pines Condominium Development
with initial zoning designations of (NC) Neighborhood
Commercial, (POD) Professional and Office District and (RM)
Multiple Family Residential, respectively.
Attachment:
* Annexation Planning and Zoning Board report
of October 18, 1993
y:sunset/pd
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: OCTOBER 18, 1993
AGENDA ITEM: IV,A.
ITEM: ANNEXATION OF SUNSET PINES, DISCOUNT AUTO PARTS AND
DELRAY MEDICAL CENTER
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GENERAL DATA:
Own.r...................... Indlvldu.l Unit Own.r. ('un..t
Pin.. CondO.lnlu.)
DI.count Auto P.rta (Dl.count Auto
P.rU Stor.)
Myles .nd Arlen. Spod.Jt (Delr.y Medlc.l
C.nt.r)
Aq.nt...,..........,.....Clty Inltl.ted volunt.rlly .nn...tlon.
Loc.tlon.................Korth of Atl.ntlc Av.nu.. .pproal..t.ly
1/4 .H. ....t of Barwick Road.
Property 81a."".,..,...11.01 Acr..
City Land U.. PI.n.......Tr.nsltlonal
County Land U.. Pl.n,....""-5 (Multlpl. ,..111' R..ldentl.l)
CH-' (COCDarcl.l ..lth a re.ld.ntlal
equlv.l.nt of . unlta/.cr.)
Curr.nt County Zoning...."" (Multlpl. ,..11, R.aid.ntl.1) -
Suns.t Pin..
CG (C~rclal Gen.ral) - Dlacount Auto
CHO (Coa.erclal High Int.nslty Offlc.)
- Delray M.cUcal C.nt.r
Propo.ed City zonlng.....RM (Multlpl. ,..11y R.ald.ntl.1 -
Medlua Denalty) - Sun..t Pin..
MC (M.Ighborhood C0C8.rclal) - Dl.count
Auto
POD (Prof...lon.l Offlc. Dlatrlct) -
Delra, Medical C.nt.r
Adjac.nt Zonlng...Northl RS (Slngl. ,..111' R.ald.ntlal - County
zoning)
Eastl MH (Mobil. No.e) and MC
80uthl POC (Planned Offlc. C.nt.r) and A
(Agricultural )
W..t: POC
Existing Land U...,....,.Auto P.rts Stor., Medical Offlc. Pl.aa
.nd a " unit condoalnl~.
.
W.t.r S.rvIC."""....,.Exl.tlng lZ- ...t.r ..In .long Atl.ntlc
Av.nu. and an .. ..In ..rvlng Sun..t
Pin.. Condoalnlua.
Sewer S.rvic.............Pl.nn.d .. sev.r ..In .10ng Atiantlc IV.A.
Av.nue and an .. ..In ..rwlng Sun..t
Pines Cor.doaJnlua.
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I T E M B E FOR E THE BOA R D:
The item before the Board is that of making a recommendation on
a City initiated voluntary annexation (pursuant to Florida
Statute 171.044) for Discount Auto Parts, Delray Medical Center
and the Sunset Pines Condominium development with initial zoning
of NC (Neighborhood Commercial), POD (Professional and Office
District), and RM (Multiple Family), respectively.
LDR Sections 2.4.5 (C) and (D) provide rules and procedures for
the processing of this petition.
The subject properties are located on the north side of Atlantic
Avenue between Barwick Road and Military Trail.
B A C K G R 0 U N D:
Water service agreements for the subject parcels were signed on
April 23, 1979, and 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.
With the execution of the water service agreement for the
Discount Auto Parts parcel (June, 1993), it has become possible
to annex these three contiguous parcels. Prior to this time,
annexation was not possible in that the third parcel (Discount
Auto) would have been made into an enclave.
Pursuant to our annexation proposal, the parcels are being
processed for annexation. An official act of initiating the
annexation was accomplished by the City Commission on August
24,1993.
PRO J E C T DES C RIP T ION:
The territory to be annexed includes two commercial
developments, the recently constructed Discount Auto Parts, and
the Delray Medical Center. These commercial properties take
access from Atlanti~ Avenue. , The proposed annexation area also
includes the Sunset Pines Condominium development which contains
60 single condominium units and 3 duplex condominium units. The
condominium development has two points of access, one from Pine
Grove Drive off Barwick Road and the other by private access
easement across the Delray Medical Center from Atlantic Avenue.
The area being annexed will include the north 1/2 of Atlantic
Avenue adjacent the commercial properties as well as the 60'
L.W.D.D. canal north of the Sunset Pines Condominium
development. .\] : 1
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 2
ANN E X A T ION A N A L Y S I S:
All the executed water service agreements contain a paragraph
considering the executed agreement as a voluntary petition for
annexation. This clause is a covenant running with the land and
all subsequent transferees. The Discount Auto parts and Delray
Medical Center agreements were executed by the current owners of
the properties. The water service agreements for Sunset Pines
Condominiums was executed by the developer of the units.
Florida Statutes Governinq Annexations:
Pursuant to Florida Statue 171.044 "the owner or owners of real
property in an unincorporated area of a county, which is
contiguous to a municipality and reasonably compact may petition
the governing body of said municipality that said property be
annexed to the municipality". Pursuant to F.S. 171.044 (5 )
"land shall not be annexed through voluntary annexation when
such annexation results in the creation of Enclaves".
* The property is contiguous with the City, reasonably
compact, and its annexation will not create an Enclave.
The annexation will reduce a finger of County property,
which extends into the municipal boundaries.
Land Development Requlations qoverninq annexations:
Pursuant to Land Development Regulation Section 2.4.5 (C) "the
City can initiate an annexation of private property if said
right has been delegated via provisions of a water service
agreement".
COM PRE HEN S I V E P LAN A N A L Y S I S:
Consistency between the City and County Land Us. Map
Desiqnations:
The City's current Future Land Use Map designation for all
properties is. "Transi t.ional" . The County's Land Use
Designation for Discount Auto Parts and Delray Medical
Center is "CH-8 Commercial High Intensity with an alternate
residential density of 8 units per acre" . The County's
Land Use designation for Sunset Pines Condominiums is "MR-5
Medium Residential 5 units per acre".
The City's "Transitional" land use designation allows
residential development at a density between five and
tw&!ye units per acre and nonresidential development at an
iQ~ft~ity equivalent to that associated with medium density
residential uses.
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 3
The City's "Transitional" Land Use Designation is
consistent with the MR-5 Medium Residential County Land Use
Designation. However, the "Transitional" land use
designation is not consistent with the CH-8 Commercial High
Intensity County designation . The highest intensity
commercial deemed consistent with the City's Transitional
land use designation is of a neighborhood commercial
nature.
The City's FLUM designations as initially contained on the
City's Future Land Use Map adopted in November, 1989 (and
as formally amended subsequently) are deemed to be the
Future Land Use designations upon annexation.
Adjacent Land Use Map designations and Land uses:
The surrounding Land Use Map designations to the east, west
and south is "Transitional". The Land Use Map designation
to the north is Low Density (0-5 units per acre) in the
City and Low Residential (3 units per acre) in the County.
The existing Land Uses are "Residential" (Highland Mobile
Home Park) to the east, "Lloyds Auto Repair Center &
Delray Office Plaza to the west, Residential to the north
(Franwood subdivision), and Commercial to the south
( Barnet t Bank).
Consistency with the City's Comprehensive Plan:
Designated Annexation Area: The territory to .be annexed is
located within "designated annexation area No. 4" east of
Military Trail and north of Atlantic Avenue. Annexation of the
territory is consistent with Policy B-3.4 of the Future Land Use
Element, which calls for annexation of eligible properties.
Provision of Services: When annexation of property occurs,
services are to be provided in a manner which is consistent with
services provided to other similar properties already in the
City (Future Land Use Policy B-3.1). The following is a
discussion of required servic~s and the manner in which it will
be provided.
Police: This property is currently serviced by the Palm Beach
County Sheriff's Office, located at 345 South Congress, which
serves.the South County area. The property lies within Sheriff
patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the
west, the Atlantic Ocean on the east, Boynton Beach on the
north, and Atlantic Avenue to the south. One officer is
assigned to a particular zone during a shift (three shifts per
day) . Additional response can bg: nrus'tered from "Cover Cars"
which roam throughout zones randomly, depending on their
availability in South County during that time.
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 4
The City of Delray Beach's Police Department has more manpower
to respond in this area, as a consequence significantly improved
response time should be realized.
Annexation will not require additional manpower, as the police
currently pass the property while patrolling areas of the City
to the south, east, and west of the site.
Fire and Emergency Services: The annexation of this area will
not require additional manpower. The municipal area is served
by Fire Station No. 4 (Barwick and Lake Ida Roads).
With annexation, the property will receive an improvement in
response time from the current 7 minutes of the County Fire
Department (Clint Moore Road and Military Trail) to
approximately 2 minutes for the City's Fire Department (Lake Ida
and Barwick Roads).
Water: The existing Delray Medical Office building and Discount
Auto Parts receive potable water service from a main along the
north side of Atlantic Avenue. Fire suppression will be
provided from fire hydrants located along Atlantic Avenue. The
minimum 300' commercial hydrant spacing is met.
Potable water to the Sunset Pines Condominium is provided from
8" mains which run throughout the development. These mains loop
to a 12" main along Barwick Road and the 12" main along Atlantic
Avenue. Each of the 66 condominium units is served by an
individual water meter.
Fire suppression for Sunset Pines Condominiums is provided by
fire hydrants which exist on the 8" main system. The 500'
residential fire hydrant spacing is met throughout the
development.
The City maintains the water mains along Atlantic Avenue and
within the Sunset Pines Subdivision. The mains along Atlantic
Avenue are ,located within the public right-of-way while the
mains within the Sunset Pines are not in specific easements.
Within the Sunset Pines condominium documents, 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 elements
areas). As the condominium documents can be amended without
City participation it would be appropriate to obtain specific
utility easements as the opportunity presents itself. The
Environmental Services Department has agreed to create the
specific legal descriptions for execution by the property
owners. ;
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Sewer: J~~fQelray Medical Center and Sunset Pines Condominiums
are served by 8" sewer mains which gravity flow to the north to
Lift station 186, recently relocated to the Palm Beach County
Middle School on the east side of Barwick Road.
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 5
As with the water mains, no specific utility easements exist for
the sewer mains. The condominium documents provide a blanket
easement over the property giving public utility companies the
right to install, connect and maintain, from time to time, sewer
mains across the entire property (within the common elements and
limited common elements areas). The Environmental Services
Department has agreed to create the specific legal descriptions
for execution by the property owners.
The Discount Auto Parts store is currently served via a
temporary connection into the sewer main within Sunset Pines.
The city is constructing a new sewer main which will run in
front of the site. Once completed, Discount Auto Parts will
reroute their service connection to this main.
The new sewer main which will serve the Discount Auto Parts
store is located within the public right-of-way.
Streets: The Discount Auto parcel and Delray Medical Center
parcel have direct access from Atlantic Avenue. The Sunset
Pines Subdivision takes access from two points. Twenty-five
units within the subdivision have access via a private access
easement along the west side of the Delray Medical Center. The
balance of the subdivision (35 single, 3 duplexes-6 units) takes
access via Pine Grove Drive a public street (privately
maintained) which runs through the Highland Trailer park.
The 50' private access easement across the western edge of
Delray Medical Center is known as Delray Medical Center Drive.
This access easement is not a street and is located on private
property. Therefore, the private access easement will not be
maintained by the City.
The streets within the subdivision were created as common areas
and, as such, are not delineated as right-of-way tracts in the
condominium documents. A site visit was conducted on July 9th,
1993 with the City's Traffic Engineer. The streets within
Sunset Pines were found to be excess of the standard 24' width
and in adequate condition. A few pot holes were noted. Upon
closer inspection, a substandard asphalt depth of less than an
inch over stabilize~ base was .revealed.
The streets are currently privately owned and maintained. There
are no 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 owner's responsibility.
Parks and Open Space: The annexation of the two commercial
properties will not create addi tional:': impact on park and
recreational facilities. As Sunset Pine~ i~ located within the
City's Planning area, thus, the demands for parks and recreation
facilities have been accounted in the City's Comprehensive Plan.
No deficiencies are noted for this area in the plan.
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 6
Financial Impacts:
Effect Upon Annexed Property:
For the 1992 tax year the Delray Medical Center had an assessed
value of $400,000 and the Discount Auto Parts Store site, had an
assessed value of $245,570.00. The 66 condominium units within
Sunset Pines Condominium had an assessed value of $3,776,380.
Fifty seven of the units qualified for Homestead exemption
representing a reduction of taxable assessed value of $1,425,000
for a net taxable value to $2,351,380.00.
With the change from County to City jurisdiction, the following
taxes and rates will be affected:
Ad Valorem Taxes Millaqe With Annexation
Fire /Rescue MSTU 2.6201 Deleted (County)
Library .3915 Deleted (County)
City Of Delray Beach 6.8600 Added (City)
City of Delray Beach Debt 1.1400 Added (City)
---------
4.9884 Difference*
* Total tax millage in the County is 20.1397 mills while in
the City the total millage rate is 25.1281
The Delray Medical Center will have an increase in 1993 taxes
from $8,055.88 to $10,051. 24 a year (approximately $1,995.36).
The Discount Auto Parts store will have an increase in taxes
from $4,945 to $6,170.70 (approximately $1,225.70). This
value will increase to approximately $13,206.57 in 1994 when
the assessed value is adjusted by adding the new building value
of approximately $280,000. The average Sunset Pines Condominium
unit with Homestead Exemption will have an increase in taxes
from $648.86 to $809.57 ($160.71 a year). The average Sunset
Pines Condo without Homestead Exemption will have an increase
from $1,152.33 to $1,437.75 ($285.42 a year).
In addition to property taxes, the following Non Ad Valorem
fiscal impositions apply:
Delray Beach Storm Water Utility - This City assessment will be
approximately $12.70 per condominium unit based upon the
combined impervious area of the buildings and private street
system. This calculation includes a 25' Discount for private
streets and 25' discount for being within the L.W.D.D. The
storm water assessment fee for the Discount Auto Parts Store
will be approximately $181.13 a year and for the Delray Medical
Center approximately $181.71 a year. These calculations include
a 25' discount for on-site retention and a 25' discount for
being within the L.W.D.D.
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 7
Solid Waste Authority - The Sunset Pines Condominium units will
experience an increase in rates from the new County rates of
$129.00 to $172.76 per unit (an increase of $43.76). The flat
rates for the commercial properties will remain the same at .064
per sq.ft or $640.00 a year for Discount Auto Parts and $470.40
per year for Delray Medical Center. These flat fees cover
disposal and the base facility fee only. Collection rates will
be negotiated with Waste Management on an individual basis and
will vary depending on dumpster size and frequency of pick up.
Water/Sewer Rate Reductions - Out of City water and sewer
utility customers are charged a 25% surcharge. Upon annexation
the Sunset Pines Condominium units should see an average
reduction of $8.81 a month or $105.71 annually in their combined
utility bill (based on unit average of 5,390 gallons per mouth).
The Delray Medical Center will see an average reduction of
approximately $22.47 a month or $269.64 annually (based on
average 10,750 gallons per month) . No utility data was
available for the newly opened Discount Auto Parts store.
Resulting Impacts to Property Owners:
TABLE A
IMPACT ON OWNER OCCUPIED UNIT (WITH HOMESTEAD EXEMPTION)
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES + $160.71
(Change in 1993/94 county rate of
20.1397 mills to City 93/94 rate
of 25.1281 mills. Difference of
4.9884 mills.
NON AD VALOREM + $56.46
Stormwater Assessment
Approx. $12.70 per unit
Solid Waste Collection
Difference of $43.76
WATER , SEWER UTILITY FEES - $105.71
Current rate less 25' surcharge
for out of City residents
ANNUAL FINANCIAL IMPACT: + $111.46
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 8
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time based on
increase proximity (1.29 miles
verses 3.92 miles).
EMS + Faster response time based on
increase proximity (1.29 miles
verses 3.92 miles).
POLICE + Better response based upon
more officers in field.
CODE ENFORCEMENT + Pro-active, verses reactive
opportunity to work with
homeowners
TABLE B
IMPACT ON OWNER OCCUPIED UNIT (WITHOUT HOMESTEAD EXEMPTION)
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES + $285.42
(Change in 1993/94 county rate of
20.1397 mills to City 93/94 rate
of 25.1281 mills. Difference of
4.9884 mills.
NON AD VALOREM + $56.46
Stormwater Assessment
Approx. $12.70 per unit
Solid Waste Collection'
Difference of $43.76
WATER , SEWER UTILITY FEES - $105.71
Current rate less 25' surcharge
'for out of City residents
ANNUAL FINANCIAL IMPACT: + $236.17
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 9
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time based on
increase proximity (1.29 miles
verses 3.92 miles).
EMS + Faster response time based on
increase proximity (1.29 miles
verses 3.92 miles)
POLICE + Better response based upon
more officers in field.
CODE ENFORCEMENT + Pro-active verses reactive
opportunity to work with
homeowners
Fiscal Impacts to the City: At the 1993 City operating millage
rate of 6.86 mills and debt rate of 1.14 mills, the 66 units
within the Sunset Pines Condominium properties will provide
$16,130.47 and $2,680.57 respectively in new ad valorem taxes to
the City per year. The Discount Auto Parts Store and Delray
Medical Center will provide a total of $4,428.61 (operating
budget) and $735.94 (debt service) . This is a total property
tax increase of $23,975.59.
The Sunset Pines Condominium development will add approximately
124 new residents to the City. This population is calculated
using the 2.17 (City average persons per household) multiplied
by the number of units (66) and divided by vacancy rate (number
of non-homestead exemptions). The utilization of the non-
homestead units for vacancy rates gives a more representative
population impact of this development on City services.
However, after annexation the population increase would be
factored using the City-wide vacancy rate of 77% resulting in a
population increase.credit of. only 111 persons. Using the more
representative population increase of 124 persons will result in
a per capita revenue gain of approximately $11,194.72 ($90.28
per person). The major sources of per capita reimbursements are
from cigarette tax, sales tax, and state revenue sharing funds.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($1,201.04 annually)
as well as occupational license fees (Delray Medical Center and
the Discount Auto Parts store), utility taxes (8.5% electric, 7%
telephone) and franchise fees on electric, telephone and cable.
The City Utility Fund will realize a revenue loss of $6,974.52
(Sunset Pines) and $269.64 (Delray Medical Center) for a total
of $7,244.16 with the elimination of the City water and sewer
25% surcharge assessed on out-of-city utility users. Revenue
figures for Discount Auto Parts Store were not available.
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 10
TABLE C
FINANCIAL IMPLICATIONS TO THE CITY
SUNSET DISCOUNT DELRAY
PINES AUTO PARTS MEDICAL
AD VALOREM TAXES +$18,811.04 ~$1,964.56 +$3,200.00
$4,204.56
PER CAP REIMBURSEMENTS: +$11,194.72 .00 .00
UTILITY TAXES:
Electric (1): +$4,845.66 NA +$313.50
Natural gas (2): .00 .00 .00
Phone (3): +$115.50 +$17.50 +$17.50
Cable (4): +$115.50 .00 .00
NEW FRANCHISE FEES:
Electric (5): +$3,634.25 NA +$198.00
Phone (6): +$16.50 +$2.50 +$2.50
Natural Gas (7): .00 .00 .00
Cable (8): +$49.50 .00 .00
ASSESSMENTS:
II
Stormwater Assessment +$838.20 +$181.13 +$181. 71
UTILITY SERVICE FEES:
Water Utilities (9) -2,966.04 .00 -$115.68
Sewer Utilities (9) -4,008.48 .00 -$153.96
ANNUAL TOTAL: +$32,646.35 +$2,165.69 +$3,643.57
~$4,405.69
COMBINED TOTAL: +$38,455.61
.+$40,695.61
NA- Data not available
* Based on an updated assessment to include new building
valued of assessed value of approx. $280,000.
(1) Electric Utility Tax based on 8' residential 9.5'
commercial - FPL 1992 residential. average annual bill ($917,74)
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 11
(2) Natural Gas Utility Taxes are based on 8.5 % of Gas bill
(3) Phone Utility Taxes are based on 7% of phone bills -
monthly average of $25.00 per unit has been used.
(4) Cable Utility Taxes are based on 7% of cable bill
an average of $25.00 per unit has been used.
(5) Electric Franchise fees based on 6% of utility bills
FPL-1992 average annual residential bill $917.74.
(6) Phone Franchise fee based on 1% of utility bill
(7) Natural Gas Franchise fees are based on 5 % of gas bill
(8) Cable Franchise Fees are based on 3% of cable bill
(9) Represents loss of 25% surcharge assessed out of City
utility users
Z 0 N I N G A N A L Y S I S:
The proposed initial City zoning of the Sunset Pines
Condominiums is RM (Multiply family residential-medium density),
Delray Medical Center is POD (Professional and office District),
and Discount Auto Parts is NC (Neighborhood Commercial). The
current County zoning designations are RM ( Multiple family
residential-medium density) for the Sunset Pines Condominiums,
CG (General Commercial) for the Discount Auto parts and CHO
(Commercial High Intensity Office District) for the Delray
Medical Center.
The surrounding zoning designations are PC (Planned Commercial)
to the west (Lyodds Tire shop), POC (Planned Office Center) to
the south (Barnett Bank), MH (Mobile Homes) and NC (Neighborhood
Commercial) to the east (Highland Trailer Park and Handy Market)
all within the City limits. To the north is the Franwood
Subdivision in un-incorporated Palm Beach County zoned RS
(Residential Single family).
Both the City zoning designations of RM and POD for Sunset
Pines and Delray Medical Center are similar to the existing
County designations and represents the existing use of the
property. The proposed NC zoning district for Discount Auto
Parts will be more restrictive than the existing County "General
Commercial" designation with respect to the range of commercial
uses.
Under the NC designation the existing auto parts store use will
be non-conforming. This situation was acknowledged by the City
and property owner during negotiations of the water service
agreement signed on June 29, 1993. Upon annexation only the
City zoning designation is applicable.
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 12
R E QUI RED FIN 0 I N G S: (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, the Staff
Report or Minutes. Findings shall be made by the body which has
the authority to approve or deny the development application.
These findings relate to the following four areas:
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The Sunset Pines Condominiums and the Delray Medical office
use are permitted uses under the RM and POD zoning
designations. It is noted the Sunset Pines Condominium
density is 7.55 units per acre which is consistent with the
5-12 units per acre RM density range. The Discount Auto
Parts store is not allowed under the NC zone district.
This use will come in as a nonconforming use and will be
allowed to continue pursuant to the non-conforming
regulations (LDR Section 1.3.5).
The RM, POD and NC zoning designations are consistent
with the underlying "Transitional" Land Use Designation.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposal involves the annexation of existing
development. There will be no change in the manner in
which water, sewer, and drainage services will be provided.
Fire, Police, EMS and Solid Waste will shift to a different
provider; however, all these services will be equal to or
enhanced (see annexation analysis for details).
Compliance with Land Development Regulations:
Upon annexation the existing buildings will come under the
development regulations of the City. Any future modifications
to the sites must comply with the LDR's.
Consistency:
Compliance with the performance standards set forth in Section
3.3,2 (Zoning) , alonq with the required findings in Section
2.4.5, shall be tha basis upon which a finding of ov,erall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency. The applicable performance
standards of Section 3.3.2 and other policies which apply are as
follows:
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 13
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
As this is an initial zoning affixing zoning
designations which represent the existing land uses or
appropriate future development direction this standard
does not apply.
B) Performance Standard 3.3.2(0) states: That the rezone
shall result in allowing land uses which are deeMed
compatible with adjacent and nearby land use both existing
and proposed; or that if an incompatibility may occur, that
sufficlent regulations exist to properly mitigate adverse
impacts from the new use.
The initial zoning designations represent the existing
commercial, office and residential land uses. The
commercial and office zoning designations are
compatible with adjacent commercial uses and the
RM residential designation is compatible with adjacent
residential uses and acts as a transition between the
single family to the north and commercial to the
south.
Pursuant to Section 2.4.5(0)(1), a justification statement
providing the reason for which the change is being sought must
accompany all rezoning requests. The Code further identifies
certain valid reasons for approving the change being sought.
As this zoning petition before you involves initial zoning
designations to be assigned to properties being annexed,
the above section does not apply.
OTHER:
Within the Sunset Pines Condominium Development, 25 units front
on Sunset Pines Drive. A street named Sunset Drive exists
immediately to tile east in Highland Trailer Park. In
discussions with the Sunset Pines Condominiums Association
President, the similar street names have created confusion with
both mail and emergency services.
With a~nexation both streets will be within the City Limits. To
eliminate potential confusion, it is recommended the Sunset
Pines Drive street name be changed to a street name selected by
the residents. Pursuant to LDR Section 2.2.2 (E)(6), the
Planning and Zoning Board shall review street names and provide
a recommendation to City Commission.
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 14
REV I E W B Y o THE R S:
The annexation is not in a geographic area requiring review by
either the HPB (Historic Preservation Board) , DDA (Downtown
Development Authority), or the CRA (Community Redevelopment
Agency) .
On september 20, 1993 the Palm Beach County Planning Division
was notified of the City's intent to annex this property. To
date, a response has not been received.
Courtesy notices were sent to the property owners of Discount
Auto Parts and Delray Medical Center. The Planning Department
has also contacted the President of the Sunset Pines Condominium
and held a public meeting with residents on October 7, 1993. In
addition, courtesy notices were sent to Helen Coopersmith
(PROD) , Art Jackel (United Property Owners), and Charles Raible
(Highland Park company).
Public hearing notices were sent to all property owners being
annexed as well as property owners within 500 feet.
ASS E SSM E N T AND CON C L U S ION S:
Accommodating the annexation of these properties and affixing
initial City zoning designations of POD,RM, and NC is consistent
with the City's program for annexation of territory within its
Planning and Service Area.
The annexation of the properties will provide the affected
residents with better Police, Fire, EMS and Code Enforcement
services. The annexed areas will experience an increase in
taxes, stormwater assessment fees, and solid waste fees which
will be partially offset by lower water and sewer rates. The
increase will be $111.46 annually (with homestead exemption) or
$236.17 (wi~hout homestead) per Condominium unit within Sunset
Pines (see Tables A & B). The Discount Auto Parts store and
Delray Medical Center will see an increase of $1,406.83 and
$1,907.43 respectively.
The City will receive additional revenue from additional
property taxes, stormwater assessment fees, per capita
reimbursements and associated utility taxes and franchise fees.
There will be a decrease of $6,974.52 in sewer and water utility
fees, however an increase from other revenues will result in a
net increase to the City of approximately $38,455.61 a year.
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P&Z Staff Report
Sunset Pines Annexation and Initial Zoning
Page 15
A L T ERN A T I V E S:
A. Continue with direction.
B. Recommend approval of the annexation with initial zoning
designations of RM (Multiple Family Residential), POD
(Professional and Office District), and NC (Neighborhood
Commercial) .
C. Recommend denial of the Annexation and/or initial zonings
with the basis stated.
S T A F F R E COM MEN 0 A T ION:
Recommend approval of this annexation with initial zoning
designations of RM (Multiple Family Residential), POD
(Professional and Office District) , and NC (Neighborhood
Commercial) upon positive findings with respect to Section
3.1.1, Section 3.3.2 and policies of the Comprehensive Plan and
the following:
That the property is contiguous, reasonably compact and
does not create an enclave.
That services will be provided to the property in a manner
similar to other similar properties within the City.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJ1^1
SUBJECT: AGENDA ITEM i j:l..J e. - MEETI NG OF OCTOBER 26 I 1993
ORDINANCE NO. 63-93
DATE: October 22, 1993
This is the first reading of an ordinance amending Section 4.4.13
"Central Business (CBD) District" of the Land Development Regulations
to clarify the parking requirements for the Central Business District.
The proposed change encompassing the recommendation of the Parking
Management Team and places the parking requirements for the CBD back
to what they were prior to adoption of the LDRs.
The Planning and Zoning Board at their October 18th meeting
recommended approval. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance No. 63-93 on first reading. If passed
public hearing November 9th.
~5-0
'. ".,1
"
I
ORDINANCE NO. 63-93
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 4.4.13 (G) "SUPPLEMENTAL
DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF . r
DELRAY BEACH, FLORIDA, TO CLARIFY THE PARKING
REQUIREMENTS FOR THE CENTRAL BUSINESS DISTRICT,
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 1.1.6 of the City of Delray :
Beach Land Development Regulations, the Planning and Zoning Board f
I
reviewed the proposed revisions at its meeting of October 18, 1993,
and forwarded' this revision to the City Commission with a I
recommendation of approval; and,
I
WHEREAS, pursuant to Florida Statute 163.3174( 1) (c), the I
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that this ordinance is consistent with the objectives and I
policies of the City of Delray Beach 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 I
"Base Zoning District" , Section 4.4.13 "Central Business (CBD) i
District", Subsection 4.4.13{G) "Supplemental District Regulations", ,
of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended to f
read as follows: I
I
{a} Within the area encompassed by the boundaries
of the DDA as originally established in I
Section 8.2.2(B). ~arking requirements shall
apply to new floor area only. Changes in use
shall not be required to provide on-site I
parking. The parking required for the ,
creation of new floor area shall be at the I
rate of one space for each 300 square feet,
I
or fraction thereof, of floor area in ,
I
addition to the replacement of any previously
required parking which may be eliminated.
Within all other geographic areas of the CBD
'.
,.
Zone District. the provisions of Section
4.6.9(C) shall apply.
(b) 1t~it~t~~~/1~t/~~~~~~~~~tt~wlt~~~tt~~/p~t~t~w
~11f~tt~ ~t~ ~~~~ t~ ~~~tt~~ ~J~J~I~lJ
After January 1. 1994. when the parking
requirements of Section 4.6.9(C) are applied
to either new development or a change in use.
said parking requirements shall be reduced by
one parking space. This reduction may only
occur once.
(c) If it is impossible or inappropriate to
provide required parking on-site or off-site,
pursuant to Subsection 1~1 111 ~li
4.6.9(E)(4), ~~~/~p~~/~ppt~i~~/t~~t~~1/~tlt~~
~ttt ~~~~t~~t~~i ~ 1~~ p~t~ ;L~f~;L~~ ~1
pt~it~;L~W t~~ t~~~;Lt~~ P~t~;LpiW ~~t ~~
~~~~~~t~~J '.I'~~ ~~~~pit ~1 ~~~~ 1~~ t~
~~t91~~;L~Vi~91 9l~ $;Zi~~~ p~t ~P~~~J $14~Vi
P91t~~pit/~14~t/~~/~91~~/pt;L~tllt~/;L~~14~pi~~/~1/~
~14;L~~;Lpiwlw~t~;Ltl91pi91/~14~~/114~~~/~Vi91~~/~~/14~~~
~pi~t 1~t tVi~ W14tw~~~ ~1 Wt~i;L91;LpiW ~t
~piVi91~~;L~W W91t~;Lpig ~PP~tt14~;Lt;L~~ t~ tVi~ ~~~J
the in-lieu fee option provided in Section
4.6.9(E)(3) may be applied.
'.I'Vi~ pt~i;L~;L~~~ ~1 tVi;L~ $14~~~~tt~~ l~l ~Vi91~~
~~ ~pp~t~91 ~~~t t~ tVi91t W~tt;L~~ ~1 tVi~ ~~~
wVit~Vi/t~/w~~t/~1/tVi~/~~tt91~~91~t91~/~91t~tW91tJ
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 I 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.
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 I 1993.
-2- ORD. NO. 63-93
"
MAY 0 R
ATTEST:
Acting City Clerk
First Reading
Second Reading
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-3- ORD. NO. 63-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: C-ll4VID T. HARDEN, CITY MANAGER
'"
t~~ ~ ~ '
FROM: " DAVID J. KOVACS, DI~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 26, 1993
LDR TEXT AMENDMENT, CBD PARKING REGULATIONS AND THE
IN-LIEU OF PARKING FEE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of two ordinances amending the
LDRs with respect to:
* the general provisions dealing with In-Lieu of Parking
Fees; and,
* parking requirements in the Central Business District.
Two ordinances are being considered due to the difference
in subject matter. However, the P&Z review and this staff
report deals with totality of the subject.
B A C K G R 0 U N D:
The Parking Management Team (PMT) developed recommendations
regarding the subject matter. Those recommendations were
presented to the City Commission, who then referred them to the
Planning and Zoning Board. Please refer to the attached P&Z
Board staff report for further background information and an
analysis of the proposed changes.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and zoning Board formally reviewed this item at its
meeting of October 18th. There was no public comment. The
Board forwarded the proposed amendments to the City Commission
with a unanimous recommendation (7-0) of approval.
'.
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City Commission Documentation
CBD Parking Regulations and the In-Lieu of Parking Fees
Page 2
R E COM MEN D E D ACT ION:
By motion, approval of each of the amending ordinances on first
reading and establish -:'J' second reading and public hearing
consideration for November 9, 1993.
Attachment:
* Ordinances prepared by others
* P&Z Staff Report & Documentation of October 18, 1993, and
its attachments.
DJK\CC-LIEU
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR
L.D.R. AMENDMENTS
MEETING DATE: OCTOBER 18, 1993
AGENDA ITEM: IV.D.
SUBJECT: PARKING REQUIREMENTS IN THE CBD AND IN-LIEU
FEE PROVISIONS
LOR REFERENCE: 4.4.13(G)(1)(a) CBD Parking Requirements
4.4.13(G)(1)(b) off-site parking in CBD
4.4.13(G)(1)(c) In-lieu fee in the CBD
4.6.9(E)(3~ In-lieu fee, general provisions
4,4.24(G- (LL ~~1), Ol'e. ~ ~ Cl\ed.'+ €d L
I T E M B E FOR E THE BOARD
The item before the Board is that of making a
recommendation to the City Commission on proposed
modifications to the City's Land Development Regulations
( LDRs ) . The affected sections are listed above and pertain
to the subject of parking in the CaD and application of the
in-lieu parking fee.
Pursuant to LOR Section 1.1.6, no amendment may be made
until a recommendation is obtained from the Planning and
zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board
is to review the proposed amendment with respect to its
relationship to the adopted Comprehensive Plan of the City.
B A C K G R 0 UNO
The subject of CBD parking and the in-lieu parking fee has a
long history. Confusion and controversy on these subjects lead
to the appointment, by the City Commission, of a Parking Study
Committee. That Committee issued the Master Parkinc; Plan in
June, 1993. Subsequently, as recommended in that Plan, the
Parking Management ~eam (PMT) .was created.
Two of the items discussed in the Plan were parking requirements
in the CBD and OS SHAD , and the in-lieu parking fee program.
With recent amendments to the OSSHAD Zone District, adjustments
were made to parking requirements; and the in-lieu fee was made
applicable therein. With respect to the other issues (CBD
regulations and the in-lieu fee) , they were taken under
advisement by the PMT.
.
f ~. to'- f
The PMT has completed ;~lir~}ew and forwarded a recommendation
to the City Commission. . In turn, the Commission has formally
referred the matter to the Planning and Zoning Board for formal
analysis, hearing, and recommendations. Attached is the City
Commission documentation, the formal recommendation of the PMT,
and excerpts from the Master Parkinc; Plan.
IV.D.
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Planning & Zoning Board Memorandum Staff Report
Parking Reguirements in the CBD & In-lieu Fee Provisions
Page 2
PRO P 0 SED AMENDMENT
,
A N A L-Y S I S
LDR REFERENCE: 4.4.l3(G)(l)(a) CBD Parking Requirements
(a) Within the area encompassed by the boundaries of the
DDA as originally established in Section 8.2.2(B),
parking requirements shall apply to new floor area
only. Changes in use shall not be required to provide
on-site parking. The parking required for the
creation of new floor area shall be at the rate of one
space for each 300 square feet, or fraction thereof,
of floor area in addition to the replacement of any
previously required parking which may be eliminated.
Within all other geographic areas of the CBD Zone
District, the provisions of Section 4.6.9(C) shall
apply.
Analysis: The above change places the parking requirements for
the CBD back to what they were prior to adoption of the LDRs in
October, 1990. It is generally acknowledged that expansion of
the previously existing parking provisions for the DDA/CBD area
was not to extend to the expanded CBD.
LDR REFERENCE: 4.4.13(G)(1)(b) Off-site parking in CBD
(~1 Pt~il~I~~~ t~t att~mm~~.tl~t t~~lt~~ patXI~t ~ttf~lte
at~ ma~~ I~ 8ettl~~ ""'lEl'
ill Whenever the parking requirements of Section 4.6.9(C)
apply to new development or a change in use after
January I, 1994, such requirements shall be diminished
by one parking space on a one time basis.
Analysis: The existing subsection (b) is not needed and can be
deleted. The replacement subsection (b) implements a specific
recommendation from the PMT. It is self-explanatory.
LDR REFERENCE: 4.4.l3(G)(I)(c) In-lieu fee in the CBD
(c) If it is impossible or inappropriate to provide
required parking on-site or off-site, pursuant to
Subsection (elllll~11 4.6.9 ( E) ( 4), .~Gl lfp~~ appt~i.Z
tMete~t ~t tMe eItt e~~I~~I~~1 a fee paId l~fZIe){ ~t
pt~iIGlI~t tMe te~){lteGl p.tXI~t mat ~e t~ZZett~d' TMe
am~lf~t ~t ~~tK fee I~ e~ta>>ZI~Ked .~ '2/188 pet ~pat~'
8lftM pata\eJlt a\){~t >>e maGle ptl~t t~ 1~~){aJlte ~f a
~lfIZGlIJl, peta\lt aJlGl ~lftK f){~d~ ~KaZZ >>e ){~eGl ~JlZt t~t
tKe p){tp~~e ~t pt~ilGlIJlt ~t e~KaJltl~. patXIJlt
~pp~tt){~ltIe~ IJl tKe eSI' the in-lieu fee option
provided in Section 4.6.9(E)(3) may be collected.
'.
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Planning , Zoning Board Memorandum Staff Report
Parking Reguirements in the CBD , In-lieu Fee Provisions
Page 3
tKe pt~it~t~ri~ ~f tKt~ 8~~~ettt~ft (tl ~KaZZ ~e appZted
~rizt tri tK.t P0ttt~ft ~f tKe ~IJ wKttK t~ we~t ~f tKe
lritt.t~.~t.Z W4tetw4tJ
Analysis: The change in wording is consistent with that which
was adopted when amendments were made to aSSHAD. Instead of
having specific provisions within a zone district, they are all
contained in the Supplemental Regulations and a reference is
provided.
LOR REFERENCE: 4.6.9(E)(3) In-lieu fee, general
provision ~
(3 ) In-lieu Fee: If it is impossible or ~ppropriate to
provide the required number of on-site parking spaces,
and upon approval thereof by the City Commission, the
payment of a fee in-lieu of providing such required
parking, or any part thereof is allowed pursuant to
the followinq provisions.
.w. This provision shall be applicable only in the
CBD and OS SHAD Zone District!., pursuant to the
Supplemental District Regulations provisions
therein.
ill All proceeds from such a fee shall be used for
parking purposes.
1tl The fee 1s hereby established at '2/111 $6,000
per space. 8~tK Arranqements for payment must be
made prior to issuance of a building permit.
ill The in-lieu fee may be paid at one time or in
installments. Installment payments may be made
over a nine year period in ten payments. The
first payment would be due upon siqninq the
installment aqreement. The remaininq nine
payments would be due annually. No interest is
to be charqed durinq the first three (3) years.
Beqinninq in year four of the payment schedule, a
simple interest rate of 5' per annum will apply
to the unpaid balance and be added to payments
five throuqh ten.
Analysis: The Section is re-formatted in order to accommodate
the additional provisions. The change in the amount of the
in-lieu fee is self-explanatory. Please refer to the PMT
documentation (attached) with respect to the cost of providing
on-site parking. The new subsection (d) implements one of the
recommendations from the PMT. It is self-explanatory.
'.
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Planning & Zoning Board Memorandum Staff Report
Parking Reguirements in the CBD & In-lieu Fee Provisions
Page 4
LOR REFERENCE: 4.4.24(G)(6) NEW (OSSHAD)
ill Whenever the parking requirements of Section 4.6.9(C)
apply to new development or a chanqe in use after
January 1 , 1994, such requirements shall be diminished
by one parkinq space on a one time basis.
Analysis: This new subsection implements one of the
recommendations of the PMT as it pertains to OSSHAD. The
reduction (waiver) provision is made universally as opposed to
applying it to projects of a certain size or intensity since the
demand for parking applies to the first required space. The
intent of the reduction (waiver) to allow owners with low
capital access to make improvements without incurring
disproportionate costs.
ASS E SSM E N T
There is no direct reference to the subject matter (addressed by
these proposed amendments) in the Comprehensive Plan. However,
the proposed changes are in keeping with the recommendations of
the PMT. They reflect an up-dating of our regulations regarding
the in-lieu fee provisions and correct an inappropriate
amendment which was enacted in 1990.
REV I E W B Y o THE R S
The PMT is comprised of representatives from the CRA, the OOA,
the Chamber of Commerce, the DMA, and other groups which may be
impacted. Through those representatives, the respective
agencies and groups are to have been kept informed of the
proposed amendments. The subject was reviewed by the City
Commission on September 28, 1993, at which time additional
public exposure was provided.
A L T ERN A T I V E ACT ION S
1. Recommend denial, in whole or in part, in that the proposed
amendments are not appropriate. Specifically with respect
to (identify the specific item which is not to be
recommended for enactment).
2. Recommend approval based upon a finding that the proposed
modification is not inconsistent with the Comprehensive
Plan.
3. Continue with direction.
'.
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Planning & Zoning Board Memorandum Staff Report
Parking Reguirements in the CBD & In-lieu Fee Provisions
Page 5
R E COM MEN 0 E 0 ACT ION
By motion: forwarded the specific LDR Section modifications as
contained herein with a recommendation of approval based upon a
finding that the r~ not inconsistent with the Comprehensive
Plan.
Report Prepare Date: ~
Attachments:
* City Commission Documentation of September 28, 1993
* PMT (CRA letterhead) Recommendation Letter (9/17/93) with
Support Memo
* Excerpts from the Master Parking Plan, Items LO.1 & LD.2
DJX/PZXNLXEU.DOC
'.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: GAVID T. HARDEN, CITY MANAGER
\ '
~~~ U(l0-
FROM: DAVID J. K~CS' DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF SEPTEMBER Z8, 1993
RECOMMENDATIONS FROM THE PARXING MANAGEMENT TEAM ( PMT)
RE: IN-LIEU FEES AND PARKING REGULATIONS IN THE CBD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
referring recommendations for altering the LDRs to the
Planning and Zoning Board.
The recommended changes pertain to:
* the amount of the in-lieu parking fee
* manner of collecting the in-lieu fee
* a minimal waiver provision
* the basis upon which the parking requirement is
established (from an added area to a use basis)
These changes affect property within the Central Business
District (CBD) Zone District.
SAC K G R 0 UNO:
The Parking Management Team ( PMT) has set about the task of
review and implementation of the Master Parking Plan. Pursuant
to direction recently provided by the City Commission they have
specifically addressed matters dealing with the in-lieu parking
fee and the basis for determining parking requirements in the
CBD. These subjects are addressed on pages 30 and 31 of the
Master Parking Plan. They are also referred to as items LD.l
and LD.2 in the Plan.
By a letter of September 17th, the PMT has forwarded its request
for changes to the Land Development Regulations as they pertain
to LD.l and LD.2. A copy of the letter is attached.
This matter has been placed before the City Commission, at this
time, in order to achieve the following:
a) to give the City Commission the opportunity to be
aware of, and to comment or seek additional
information on the subject prior to formal reviewJ
and,
.,
City Commission Documentation
In-lieu Fees and Parking Regulations in the C.B.D.
Page 2
b) to provide exposure to the general subject so that the
affected public will be able to provide informed
testimony at the Planning and Zoning Board hearing
(tentatively scheduled for October 18, 1993).
R E COM MEN D E D ACT ION:
Comment as desired and then, by motion, refer to the Planning
and Zoning Board for formal review and findings as an amendment
to the LDRs.
Attachment:
* eRA (PMT) letter of September 17, 1993
DJJVCCLIBO
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. ,. -.. Community
'-=-' Redevelopment
.~ Agency
CI Defray Beach
September 17, 1993
Parking Management Team Members:
Kevin Egan (Chairman) - CRA
Alan Armour - DDA
Frank Wheat - P&Z
Barbara Smith - City Commission
Bruce Gimmy - Clamber of Commerce
Donald Hormby - DDA Area
Monty Helm - Commercial Beach Area
Loretta McGhee -West Atlantic Avenue Area
Armand Mouw - Expanded CBD Area
Joe Gillie -OSSHAD District
David T. Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Dave:
At its Special Meeting of September 15, 1993, the Parking Management Team (PM1)
discussed parking requirements and in-lieu parking fees in the CBD and OSSHAD Zoning
Districts. With regard to these issues, the Team voted to request that the following changes be
made to the City's Land Development Regulations.
1. The In-lieu Parking Fee, which may be permitted in CBD and OSSHAD should
be increased to Six Thousand Donars ($6,000).
2. An installment payment plan should be added as an optional method of payment
of the In-lieu Parking fee. This plan would allow payment over a nine-year
period in ten (10) installments. The first installment would be due upon signing.
The remaining nine installments would be due annually. No interest would accrue
during the first 3 years. Beginning in year 4 of the payment schedule, a simple
interest rate of 5% per annum would be applied to the unpaid balance and added
to payments 5 through 10.
3. The off-streetparking requirements for new construction and changes of use in the
expanded CBD area (i.e. the portion of the CBD located area north of N.E. 1st
Street, south of S.E. 1st Street and east of the Intracoastal Waterway) should be
· based on use criteria )~~. . . i .:.. r~~... .~\~. , f'i: on 4.6.9 Off-Street Parking
n ~t--;,l ~" :
~l;
....
SEP 2 t :':.';
207 e. Atlantic Avenue, Defray Beach, FL 33444 (401) 276-8640 / Fax (407) 276-8558
PLANN!NG &. ZONlNG
'.
Regulations-, in the City's Land Development Regulations.
4. When new development or changes of use (where applicable) in the CBD or
OSSHAD zoning districts require additional parking spaces, a waiver of the first
additional parking space shall be permitted.
The Parking Management Team requests that this letter be submitted to the City
Commission for accep~ce. If the City Commission concurs, these recommendations should
then be forwarded to the Planning &. Zoning Board for review and action.
If you or any of the City Commissioners have any questions or comments concerning this
request, please forward them to the CRA office so that we can discuss them at the next PMT
meeting.
.
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attachments
cc: David Kovacs, Planning &. Zoning Director
'. '''.;1
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,
MEMORANDUM
TO: Parking Management Team Members
FROM: Christopher J. Brown ~
Community Redevelopment Agency
DATE: Septeml:*' 15, 1993
SUBJECT: In-Ueu Parking Fee.
L Background
A1.1ts September 2, 1993 Workshop the Parking Management Team (PMl), considered
adjusting the In-neu parking fees charged In the CSD and OSSHAD zoning dIstrfcts.
CUrrently the fee Is $2,500 per space. The PMT requested that staff prepare an analysis
,. . outlining the following:
. Typical land costs In the various parts of the CBD and the OSSHAO areas.
1.
2. Typical parking lot construction costs for small and medium sized lots.
-_.- - -. ---
I. Land Costa
The eRA has been Involved In numerous land acquisitions In the CaD and OSSHAD
districts and has been In contact with private Investors who have recently purchased
property In these areas. In summary. land costs are outlined as follows:
Area Land Coat Land eo.t Per
Per Square Foot Parking Space
East AUantic Avenue - Commercial Beach Area $10.00 to 25.00 $4,000 to $10,000
(Intracoastal to AlA)
East AUantlc Avenue $8.00 to $15.00 $3.200 to $6.000
(Federal Hlghway'to IntracoastaQ
East AUantlc Avenue $6.00 to $8.00 $2,400 to $3.200
(SwInton Avenue to Federal Highway)
NE & SE Avenues (Ftrst Block) $4.00 to $5.50 $1.600 to $2.200
NE & SE Avenues - Expanded caD $1.75 to $4.00 $700 to $1.600
(2nd to 4th Blocks)
'.
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Memorandum
To Parking Management Team
September 15,1993
Page 2
III. Parking Lot ConatructJon CO..
The CRA constructed a 29 space parking lot at the northwest comer of NE 1st Avenue
and NE 2nd Street In March, 1993. The total cost of this lot, Including land was S 123,702
or $ 4265 per space. The total construction cost of the lot was $89,650 or $3.091 per
space. The itemized construction cost components are listed in the following table.
rrEM Coat
Engineering, Landscape Architecture & SUrveying $10.000
.. . Grading, Paving and DraInage $21.soo
. Decorative Paving & Curbing $10,500
landscaping $14.200
- Irrigation $4.600 -
Water Meter Installation $1.850
light FIxtures. Wiring and Electrical Service $20,000
Street Furniture $1.000
Slgnage $1.000
Other $5,000
rY. Bottom line
Utilizing estimated land cost from the first lable and the actual construction cost from the
second tabIe,lhe cost of a surface partdng lot ranges from a low of $ 3.791 per space in
the expanded CSO lU'ea to a high of $ 13,091 per space. In the commercial beach area
Accordingly. there appears to be adequate justification to Increase the In-lieu fee to
$8,000 per IP8ce.
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V The PSC has identified several options which address the LOR and
handicap parking regulation issues.
III. A. LOR MODIFICATIONS (LO)
LD.1. Parkinq ReQuirement Modification Program
LD. 1. a. Apply different parking requirements in the CBD for
residential land use which must be accompanied by a change of use
provision. The uniform CaD parking requirement unfairly penalizes
mixed-use projeots. since residential property generates about 1 1/2
. spaces per one.be<:froom apartment not 3.3 spaces per 1,000 s.f.
LO. 1. b. Apply CaD parking requirements in the OSSHAO. The
parking characteristics of the OSSHAD and its overall proximity to the
Downtown Area seem to warrant the less stringent CBO parking
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LO. 1. c. Remove the Expanded CBD Area from the special CaD
parking requirements. The parking characteristics of the Expanded CaD
~,,: 1'- \.9 Area are not like the Downtown Area. so that the more stringent citywide
w: ~ ~~ parking requirements based on land use seem more appropriate.
{~ ~ g(
t.\. ~~ ~ LO. 2. In-lieu Fee Program ModifICation
@ ,;; .;1 LO. 2. a. Deposit the in-lieu fee proceeds and interest Into a
[~ ~ ~ Parking Trust Fund.
~ LO. 2. b. Apply lhe in-lieu fee option in the OSSHAD.
LD. 2. c. In the future. increase the in.fieu fee to $4.000 (or more) to
refled the actual 60st 01 par1<ing. The cost of new surface parking spaces
- ranges from $4,100 to $4.700.
LO.2.d. Provide an in-lieu fee -extended payment plan- of $400 per
space per year for 10 years. (based on $2.500 with 9.6% interest) The
up-front, lump-sum fee may discourage redevelopment.
.
LO. 2. f. Waive the in-lieu fee for small projects. The in-lieu fee can
.
discourage small renovation projects which help revitalize the ceo.
. 'Naive the fee (or expansions less than 600 s.f. This option waives
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.-; 2.0 spaces for small expansions.
.:'l . Waive 2.0 parking spaces required by the in-lieu fee. This option
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~.fw ~) waives 2.0 spaces fO( everyone regardless of expansion size.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER W1
SUBJECT: AGENDA ITEM i I~ - MEETING OF OCTOBER 26. 1993
ORDINANCE NO. 64-93
DATE: October 22, 1993
This is the first reading of an ordinance amending Section 4.6.9, "Off
Site Parking Regulations", of the Land Development Regulations by
amending Subsection 4.6.9 (E) , "In Lieu Fee" , to revise the in lieu
parking fee general provisions, and to revise the in lieu parking fee
to $6,000 per space.
The proposed changes encompass the recommendations of the Parking
Management Team and increase the in lieu of fee to meet fair market
value for the construction of parking spaces.
The Planning and Zoning Board at their October 18th meeting
recommended approval. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance No. 64-93 on first reading. If passed
public hearing November 9th.
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ORDINANCE NO. 64-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS" , SECTION 4.6.9, "OFF SITE PARKING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SUBSECTION 4.6.9 (E), "IN LIEU
FEE", TO REVISE THE IN LIEU PARKING FEE GENERAL
PROVISIONS, TO REVISE THE IN LIEU PARKING FEE TO
$6,000 PER SPACE, PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach finds
that the current in lieu parking fee of $2,500 per space is insufficient
to raise funds for the construction of additional parking in the Central
Business and Old School Square Historic Arts Districtsi and
WHEREAS, pursuant to Section 1.1.6 of the City of Delray Beach
Land Development Regulations, the Planning and Zoning Board reviewed the
proposed revisions at its meeting of October 18, 1993, and forwarded
this revision to the City Commission with a recommendation of approvali
and,
WHEREAS, pursuant to Florida Statute 163.3174(1)(c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that this ordinance is consistent with the objectives and
policies of the City of Delray Beach 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 4.6
"Supplemental District Regulations", Section 4.6.9, "Off-street Parking
Regulations", Subsection 4.6.9(E), "In Lieu Fee", of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(3) In-lieu Fee: If it is impossible or
inappropriate to provide the required number
of on-site parking spaces, ~~~ ~~~~ ~~~t~1~~
t~~t~~t/~t the City Commission may approve ,
the payment of a fee in-lieu of providing
such required parking, ~t ~~t ~~tt t~~t~~t t~
~~~~W~~ pursuant to the following provisions:
~ 1~t~/~t~1t~t~~/~~~~~/~~/~~~~t~~~~~
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~~~t/t~/~~~/~~~/~~~/~$$~~~/#~~~
~t~~tt~~~, ~~t~~_~~ ~~ The in lieu fee
is only authorized in the CBD or OSSHAD
Zoning Districts in compliance with the
Supplemental District Regulations
provisions therein.
iQl The fee is hereby established at
$7'~fPfP 86.000 per space. $~~~
Arrangements for payment ~~~~ shall be
~_~~ ~tt~t ~~ t~~~~~~~ ~f. ~ 16~t~~t~2f
~~t~t~ approved by the City Commission
at the time of the approval of the in
lieu fee.
(c) All proceeds from such a fee shall
be used for parking purposes.
idl The in-lieu fee may be paid at one
time or in installments. Installment
payments may be made over a nine year
period in ten payments. The first
payment would be due upon signing the
installment agreement. The remaining
nine payments would be due annually. No
interest is to be charged during the
first three (3) vears. Beginning in
year four of the payment schedule. a
simple interest rate of 5% per annum
will apply to the unpaid balance and be
added to payments five through ten.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That 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 I 1993.
- 2 - ORD. NO . 64 . 93
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ATTEST:
Acting City Clerk
First Reading
Second Reading
-3- ORD. NO. 64-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM, CITY MANAGER oru1
SUBJECT: AGENDA ITEM i / c;{ E - MEETING OF OCTOBER 26. 1993 I
ORDINANCE NO. 65-93
I
DATE: October 22, 1993
This is the first reading of an ordinance amending Section 4.4. 11,
"Neighborhood Commercial (NC) District, of the Land Development,
Regulations to provide for the display and sale of lawn furniture, ;
playground equipment, sheds and accessories as a conditional use; to ~
delete the dispensing of gasoline directly to a vehicle as a ::
conditional use; to delete veterinary offices as a conditional use; to
revise the maximum site area to two (2) acres; and to provide for a
maximum floor area for single tenant office or service uses and single
principal uses. v
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The proposed amendments to the NC District are appropriate given the l
desired scale (intensity) of the uses to be accommodated in it. The 1
uses being deleted do not presently exist on any NC zoned property; 1
thus, no non-conforming situations will be created. There are no
active land use applications which would be impacted by the proposed
changes.
The Planning and Zoning Board formally reviewed this item at its
meeting of September 20th. Public testimony was taken and the matter
was continued to October 18th. At the October 18th meeting, the firm
of Weiner and Associates restated its opposition to a maximum floor
area greater than 4,000 square feet per tenant or use category in any
circumstances. The Board forwarded the proposed amendment with a
recommendation of approval, based upon a finding that the changes were
not inconsistent with the Comprehensive Plan. A detailed staff report
is attached as backup material for this item.
Recommend approval of Ordinance No. 65-93 on first reading. If passed
public hearing December 7th in order to fulfill advertising and
mailing requirements.
~3/~
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ORDINANCE 65-93 I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.11 "NEIGHBORHOOD I
,
COMMERCIAL (NC) DISTRICT" , OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION
4.4.11(D), "CONDITIONAL USES AND STRUCTURES !
ALLOWED" , TO PROVIDE FOR THE DISPLAY AND SALE OF
LAWN FURNITURE, PLAYGROUND EQUIPMENT, SHEDS AND
ACCESSORIES AS A CONDITIONAL USE; TO DELETE THE
DISPENSING OF GASOLINE DIRECTLY TO A VEHICLE AS A
CONDITIONAL USE; TO DELETE VETERINARY OFFICES AS A
CONDITIONAL USE; BY AMENDING SUBSECTION 4.4.11 (F) ,
"DEVELOPMENT STANDARDS", TO REVISE THE MAXIMUM SITE ,
AREA TO TWO (2) ACRES; BY AMENDING SUBSECTION 4.4.11 j
(H) , "SPECIAL REGULATIONS", TO PROVIDE FOR A MAXIMUM
FLOOR AREA FOR SINGLE TENANT OFFICE OR SERVICE USES
AND SINGLE PRINCIPLE USES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of October 18,
1993, and has forwarded the change with a recommendation of approvalj
and,
WHEREAS, pursuant to Florida Statute 163.3174(1)(c), the I
I
Planning and Zoning Board reviewed the subject as the Local Planning
Agency, has determined that the change is consistent with, and furthers
the objectives and policies of, the Comprehensive Plan. I
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWSj
,
Section 1. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC)
District", Subsection 4.4.11(D), "Conditional Uses and Structures
Allowed" , of the Land Development Regulations of the Code of Ordinances I
of the City of Delray Beach, Florida, be, and the same is hereby j
amended to read as follows: I
(D) Conditional Uses and Structures Allowed: The following I
uses are allowed as conditional uses with the NC District: !
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(1) Child care and adult day care I
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(2) ~~~P~~~~~w/~tlw~~~~~~~/~~t~~t~tlt~/~/Y~~~~~~
Display & Sale of lawn furniture. playqround
equipment. sheds and accessories I
(3 ) Veterinary clinics ~~~/~tt~~~~
Section 2. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC)
District", Subsection 4.4.11(F), "Development Standards", of the Land I
I
Development Regulations of the Code of Ordinances of the City of Delray I
Beach, Florida, be, and the same is hereby amended to read as follows:
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(F) Development Standards: In addition to the I
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development standards set forth in Section 4.3.4,
the following shall apply:
( 1 ) Maximum site area of t~~t/[~l two (2) acres I
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Section 3. That Chapter 4, "Zoning Regulations", Article 4.4, I
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"Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC) i
,
District", Subsection 4.4.11(H), "Special Regulations", of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
(H) Special Requlations:
(1) ~~t/~~t~/t~~~/tw~/171//$t~t~~t/pt~t~$$t~~~~/~t
~~$t~~$$/~ttt~~$/$~~~~/~~/~~~~W~~/wtt~/~/$t~~~~/~~
~~y~~~p~~~t/~~t/$~~~~/~~t/$~~~/~ttt~~/~$~ The maximum
area devoted to a sinqle tenant for office or service I
uses shall not exceed 2,000 sq. ft. in floor area. !
The intent tt Qf these restrictions is to maintain I
the center at the neighborhood scale. I
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(2) The maximum floor area which can be allocated to a i
single retail use. or qroups of similar (retail.
office. services) principal uses ret~fl/te~a~t/0r/t0 I
s~eifffi/retafl/~sesl/sf~w~larlt/0r/J~/t~~
awwretjatee. shall not exceed ~~lGGG 10.000 square
feet.
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.
-2- ORD. NO. 65-93
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Section 5. That all ordinances or parts of ordinances which are I
in conflict herewith are hereby repealed. I
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Section 6. That this ordinance shall be come effective i
immediately upon passage on second and final reading. I
PASSED AND ADOPTED in regular session on second and final reading I
on this the day of 1993. I
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MAYOR
ATTEST:
Acting City Clerk i
First Reading:
Second Reading:
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-3- ORD. NO. 65-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
Q~-..J Ve'-:\~.
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 26, 1993
LDR TEXT AMENDMENT - NEIGHBORHOOD COMMERCIAL (NC) ZONE
DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which effects
changes to the Neighborhood Commercial Zone District.
B A C K G R 0 U N D:
Please refer to the attached P&Z Staff Report for a historic
perspective on the NC Zone District. Within the past year
specific instances dealing with interpretation as to whether or
not a gasoline station is an allowable use; and, the intensity
of retail uses have placed the need to review and modify the NC
District regulations.
The qeoqraphic areas affected by the proposed amendment include:
* the northwest corner of Seacrest and 22nd;
* the northeast corner of Seacrest and 22nd;
* parcels along Atlantic Avenue, west of Barwick;
* the Hamlet Shoppes & adjacent land (Atlantic Avenue);
* the Discount Auto Parts parcel (West Atlantic Avenue)
which is currently being annexed with NC zoning; and,
* the recently annexed Taheri property on Military Trail
which has a potential for application of NC zoning.
The issues/items addressed by the proposed amendment include:
A. Deletion of use which may have been construed to
accommodate a gasoline station;
B. Addition of the use conducted at The Hitching Post
(West Atlantic Ave) as a conditional use;
C. Reduction of intensity by reducing allowable lot area
from four (4) acres to two (2) acres;
D. Reduction of intensity by reducing allowable floor
area allocated to retail use from 35,000 sq. ft. to
10,000 sq.ft., and applying the new limitation to
office and service uses;
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City Commission Documentation
LDR Text Amendment - Neighborhood Commercial (NC) Zone District
Page 2
E. Elimination of a restriction on the number of similar
office and business uses; and of a 2,000 sq. ft.
limitation on the aggregate for office and business
uses; and,
F. Removal of the words "and offices" from the listed
conditional use of "veterinary clinics".
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 20, 1993. Public testimony was taken (see
Dominguez memo of October 12th) and the matter was continued to
the meeting of October 18th. Please refer to the P&Z Staff
Report (memo) for the October 18th meeting for the analysis and
response to points raised at the public hearing. At the October
18th meeting, the firm of Weiner & Associates restated its
opposition to a maximum floor area greater than 4,000 sq. ft. per
tenant or use category in any circumstance. A rationale was
provided by the Director in support of the 10,000 sq. ft.
requirement. All supported the reduction in intensity by
reducing the allowable lot area.
The Board then forwarded the proposed amendment with a
recommendation of approval, based upon a finding that the
changes were not inconsistent with the Comprehensive Plan.
The proposed amendment as recommended by the Board is as
follows:
(D) (2) DELETE Dispensing of gasoline directly to a vehicle
(D)(2) NEW (add) Display & Sale of lawn furniture, playground
equipment, sheds, and accessories
(D)(3) PARTIAL DELETE Delete the words "and office"
(F)(l) Change maximum site area to two (2) acres
(H)(l) REWORD to:
"MllSt d1llSte t)lari twllS (21 ~ldlllat ptllSte~~lllSrial IlSt
)s1d~lrie~~ IlSttlte~ ~)lall )Se allllSwe~ wlt)llri a ~lri~le Me
~e7elllSpdlerit rillSt ~)lall arit ~1dt)l IlSttlte 1d~e The maximum
area devoted to a single tenant for office or service
uses shall not exceed 2,000 sq. ft. in floor area. The
intent It of these restrictions is to maintain the
center at the neighborhood scale.
(H)(2) REWORD to:
"The maximum floor area which can be allocated to a
single retail use, or groups of similar (retail,
office, services) principal uses tetall teriarit IlSt tllS
~petltlt tetall 1d~e~I ~lri~1dlatlt IlSt lri i)le a~~te~atel
shall not exceed 3!/000 10,000 square feet.
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City Commission Documentation
LDR Text Amendment - Neighborhood Commercial (NC) Zone District
Page 3
In addition to the above, the Board directed the Staff to
proceed with rezoning actions affecting areas zoned NC in both
the northeast and northwest quadrants of the intersection of
Seacrest and 22nd street.
R E COM MEN D E D ACT ION:
By motion, approval of the amending ordinance on first reading
and set 2nd reading and public hearing consideration for
November 9, 1993.
Attachment:
* Ordinance by others
* P&Z Staff Report & Documentation of October 18, 1993
* Dominguez memo of October 12, 1993
* P&Z Staff Report of September 20, 1993
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PLANNING AND ZONING BOARD MEMORANDUM STAPF REPORT
FOR
L. D . R. AMENDMENT
MEETING DATE: SEPTEMBER 20, 1993
AGENDA ITEM: III.B. _ __ .._
SUBJECT: CHANGES TO THE N.C. ZONE DISTRICT
LOR REFERENCEs 4.4.11 (0)(2) and (H)(2)
I T E M B E FOR E T H B BOA R D
The item before the Board is that of making a .
recommendation to the City Commission on- the proposed ..
modifications to the City's Land Development Regulations _
(LORs) . .. '
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Pursuant to LOR Section 1.1.6, no amendment may be made
until a recommendation Is obtained from the Planning and
Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board
is to review the proposed amendment with respect to its
relationship to the adopted Comprehensive Plan of the City.
Since the proposed amendment may substantially affect the
use of property which is presently zoned N.C., each owner
of N.C. property has been given notice of this
consideration. The consideration is to be made after a
public hearing.
B A C X G R 0 U N D
The N.C. Zone District existed prior to 1976. At that time,
there were only a few principal uses. Retail use was allowed
only as a conditional use. The purpose statement provided that
the N.C. zone was to accommodate neighborhood needs based upon-a
3/4 mile service area.
'In revisions (1976-1980), retail of convenience goods was moved
to a principal use; and, in general, the range of uses was
increased.
In preparation of the LDRs (1990), ~wo changes of substance were
recommended by the Planning and Zoning Board.
* One was that "gasoline stations" be changed to "dispensing to
c. 'gasoline directly to a vehicle". The intent was that while a ..
normal gasoline station was not appropriate, the ability to "gas . ,-
up" at a convenience store should be retained.
III.B.
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Changes to the N.C. Zone District
Page 2
* The other involved placing a restriction on the use area
allocated to similar office/professional uses [see subsection
4.4.11(H)(1)].
Also, the reference to a 3/4 mile service radius was deleted and
language was provide which accommodates the N.C. zone within the
Transitional Land Use designation.
During the hearing associated with the new zoning map, a change
in zoning for property located at the corner of Seacrest and
22nd raised another issue. Previously, the Future Land Use Map
classified the site as "Transitional"; thus, the (then) existing
zone designation of Limited Commercial (LC) was no longer
applicable. The proposed zoning was RM, the owner's agent
sought N.C. The Planning an~ _Zon~ng B<?~rd declined to re~C?111JDend
a change to the N. C. zone In that they _<::!eemecL th~ ,"~cale-of -.'the '~._"
project (Food Lion) being considered for this p~rticular 81fe~- a
Land Use Map designation oL General Commercial would" be
necessary as opposed to the underlying designation" of
Transitional. At the City Commission hearings, the Commission
was receptive to the request for N.C. zoning. In order to
accommodate the situation, the Commission added subsection
(H)(2) which placed a limitation on retail users at 35,000
sq.ft. per N.C. development.
During the past three years concerns have been raised with the
application of the gasoline dispensing use and with the scale of
retail which is allowed. Thus, proposed changes to the- N.C.
Zone District are now before the Board.
PRO P 0 SED A MEN D MEN T
DELETE from Section 4.4.11(0) Conditional Uses Allowed,
subsection (2); to wit:
(21 Zl~pen~lri~ ~f ~~i6Ilri~ ~lt~ttI1 t~ ~ Y~Kltl~
CHANGE with Section 4.4.II(H) Special Regulations, a portion of
subsection (2); to wit:
(2) The maximum floor area which can be allocated to a
single retail tenant or to specific retail uses, singularly or
in the aggregate, shall not exce~~_ ~!/eeS 10,000 square feet.
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A N A L 'y 81 8
Re: Gasoline Service: The"problem with "the use as described is
that a petitioner sought to interpret the item as allowing
typical, high-volume gasoline outlets. Th~ land use petition
was accepted and processed, and the Planning and Zoning Board in
addition to recommending denial found the interpretation to be
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P&Z Staff Report
Changes to the N.C. Zone District
Page 3
inappropriate. (The petition was later withdrawn at the City
Commission level). During debates, it was claimed that the use
of gasoline pumps at a convenience store is ,no- longer a
practice. Thus, if indeed that is the situation, the original
intent of inclusion for the gasoline service use does not exist;'
and, to avoid future confusion, the use should be stricken. 4' ..
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Re: General Retail @ 35,000 sq. ft. : In 1990, it was clear to
the Planning and Zoning Board that a 35,000 retail (food) outlet
would not be proper in the N.C. zone district and that General
Commercial zoning was required. The City Commission in its last
meeting for action upon adoption of the LDRs, inserted the area
restriction so as to set a limit on the ,extent of'retail.which
could be established on any single N.C. property. That City
Commission action was done to accommodate a proposed food store
at Seacrest and 22nd Street. Since that time, Commissioners
have expressed second thought on that previous action. Both at
the Planning and Zoning Board and City Commission level 'there . '..
has been direction to re-vlsit this matter. The item has
recently had further exposure when N.C. zoning was discussed as
a possible future zoning for a portion of the Taheri property
off Military Trail.
From the historic record (Background Section), it is clear that
the N.C. zone district was not intended to accommodate a use,
which would have a service area based upon 35,000 sq. ft. of
retail or food store. The proposed floor area of 10,000 sq. ft.
is more in keeping with convenience stores and the complimentary
similar uses which may be found in a neighborhood center.
Re: Affected Properties: At this time there are four (4) N.C.
zone districts located in the City. Another property (Discount
Auto on West Atlantic) is soon to be annexed with that zoning.
Attached is a report which identifies each location, the current
usage, and comments on its zoning history. A brief description
of the use at each site is as follows.
II Northwest Corner of Seacrest and 22nd: Except for the
corner buildings this property has not been used for several
years. A former office complex and a former gasoline station
.remain in dilapidated states. The total land area is 4.32 acres
(including the occupied corner).
The former gasoline station was zoned to'N ~c;- (from C-2).- . The
balance of the site was annexed ~n 1985 with L.e. zoning to
accommodate the proposed Shoppes of Seacrest, a 35,OOO+.sq.ft.
retail center. While a site plan had been approved, the use was
not established. For several years thereafter, it was rumored
that a Food Lion was to occupy the site; but there has riot been
a site plan approved, nor have there been any retail inquiries
for quite awhile. The existing uses were proposed for N.C.
zoning and the balance of the property as R.M. with the LORs;
however, the entire site was placed in the N.C. category at the
property owners' request.
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. P&Z Staff Report
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Changes to the N.C. Zone District
Page 4
12 Northeast Corner of Seacreat and 22ndz The corner parcels
(6) were annexed prior to 1962 with C-l zoning. N.C. zoning was . ,.
applied in 1976. The balance of the properties (1 parcels) were
annexed in 1988 with R-lAA zoning. With the LORs adoption, all
the parcels were zoned N.C. One non-conforming non-residential
use (Dance Studio) exists and two non-conformin.-9 residences
exist. The basis and appropriateness of the'N.C. zoning on the
former R-1AA properties needs to be explored.
#3 Strip parcels along We8t Atlantic Avenue, west of Barwick.
This property was developed as a commercial strip under the
county. Upon annexation in June, 1992, the N.C. zoning was
applied in that it was appropriate as to the intensity of the
current use. There are three (3) separate parcels with a total
land area of 1.6 acres. .. - - - - -"
#4 The Hamlet Shoppes , Adjacent Land: A portion of this area
is a typical Neighborhood Commercial center. The center is 1.3
acres. The other property contains the Hitching Post which sells
outdoor play and storage equipment. This is a non-conforming
use. The Hitching Post is on 1.9 acres of land. These
properties were annexed in 1983 with G.C. zoning. The N.C. zone
district was applied to these parcels in 1990 following adoption
of the LORs. The FLUM designation is General Commercial; but,
consideration of a "corrective" amendment to "Transitional" i8
in processing.
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ASS E SSM E N T AND CON C L U S ION S
The proposed amendments to the N.C. District are appropriate
given the desired scale (intensity) of the uses to be
accommodated in it. The uses being deleted ~~ ,~ot pr~sently . __,
exist on any N.C. zoned property; thus, no non-conforming
situations will be created. There are no active land use
applications which would be impacted by the proposed changes.
Given the above assessment, it is proper to make the proposed
changes at this time.
Also, since the N.C. District is before the Board for
consideration, it is also appropriate to consider any other
changes which may be appropriate. Thus, additional changes may
be raised by the Board, or through the publiC hearing process.
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A L T ERN A T I V E ACT ION S
1- Recommend denial in that the proposed modifications:
a) are not consistent with the Comprehensive Plan,
specifically with regard to (identify specific
policies or direction);
and/or
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P&Z Staff Report , .. ~
Changes to the N.C. Zone District \
Page 5
b) are not necessary, nor appropriate in that the
inclusion of the items in October, 1990, was based
upon sound reasoning and circumstances which have not
changed. -=-
2. Recommend approval based upon a finding that the proposed
modifications: - , -
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a) are not inconsistent with the Comprehensive Plan,
and
b) are consistent with and further the Comprehensive Plan
by providing a greater degree ot protection for
adjacent and nearby residential neighborhoods.
3. Continue with direction.
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R E COM MEN 0 E 0 ACTION
By motion: a recommendation per Alternative Action #2 as stated
above. (\ . .
Report prepared by: "'~_";~.L~~wi---- Date ,i1il
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Report reviewed by: Date
Attachments: . - - -
, - -
. N.C. Zone District Text -
* Report by Jeff Perkins, Assistant Planner, re existing
conditions of NC zoned property
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DJK!PZNCDIST .
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID KOVACS (,-
FROM: DIANE DOMINGUE~ ~ Ltc\-.... \w,\\}./ !\\JL;
SUBJECT: P & Z BOARD DIRECTION RE: CHANGES TO NC DISTRICT
DATE: OCTOBER 12, 1993
At its meeting of September 20, 1993, the Planning and Zoning
Board considered the proposed amendment to the NC (Neighborhood
Commercial) zoning district regulations. During the public
hearing on the item, the following comments were made from the
floor:
Randy Cooper, resident on 22nd Lane: Single family homes
annexed in 1988 (4 lots) and given NC zoning. Wants single
family zoning.
Debra Dowd, representing Seacrest Homeowners Assoc.:
Wanted to know the reason for the changes and was upset
that the association wasn't notified.
Mike Weiner, representing Del Aire H.O. Assoc.: Scale of
NC uses should be reduced. 10,000 sq. ft. too large for
single tenant. 4,000-5,000 sq. ft. probably more
appropriate.
Lori Cohen, representing The Hamlet H.O. Assoc.: Supports
changes.
Roger Saberson, representing Art Mirandi, owner of the
Hi tching Post: Asked the Board to consider adding his
client I s use as an allowable use in order to make It
conforming.
Tl)e Board discussed the item and tabled it to the October
meeting with the following direction:
That it is probably appropriate to reduce the maximum
allowable tenant size to 5,000. sq. ft. or so, but that
existing uses should be evaluated to determine if any would
become nonconforming as a result.
Jean Beer felt that the code should not be changed to
accommodate one person such as the Hitching Post.
That the zoning of the residential properties should
probably be changed to single family.
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PLANNING & ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: OCTOBER 18, 1993
AGENDA ITEM: V.A.
SUBJECT: MODIFICATIONS TO THE NC ZONE DISTRICT
BACXGROUND
Proposed amendments to the NC Zone District were considered
at a public hearing before the Board on September 20, 1993.
The staff report for the item and the NC Zone District
regulations (with proposed modifications) as presented on
September 20th are attached. Also attached is a staff
memorandum (Dominguez 10/12/93) which recaps testimony and
direction from the public hearing consideration.
CURRENT SIT U A T ION & I S SUE S
1- The proposed changes to delete the use "Dispensing of
gasoline directly into a vehicle" is not at issue; and,
is supported.
2. The deletion of the words "and office" in association
with the use of Veterinary Clinics is not at issue;
and, is supported. -
3. A change in zoning from NC to R-1-A (or other
appropriate residential zone district) along N.E. 22nd
Street cannot be forwarded at this time; however, the
Board may direct that such a rezoning be initiated and
the processing commence.
4. The request to include the use category for the
Hitching Post appears appropriate given the zoning
history of the property (at one time the GC designation
was shown on the zoning map) and the presence of
"equipment rental" as an allowable use. It is
suggested that the use be added to the District as a
conditional use.
5. The final item is the request to reduce the maximum
allowable floor area for a single retail tenant or
specific retail uses, singularly or in the aggregate,
from 10,000 sq. ft. to 4-5,000 sq.ft. Of the present
uses on property zoned NC, we have the following
allocations for floor area:
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V.A.
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P&Z Staff Report .
Modifications to the NC Zone District .
Page 2
* 5,000 sq. ft. and greater
- The Hitching Post on West Atlantic (1,300 office,
6,000 outside sales area) (non-conforming)
- Delray Farmers Market on West Atlantic (5,100)
- The aggregate of the Hamlet Shoppes (8,800)
- One structure in the former office complex on
Seacrest (11,269) and the aggregate @ 23,627
* 4,000 - 5,000 sq.ft
- Newton's Radio & TV (4,080)
* 3,000 - 4,000 sq. ft.
- Domino's & Kwik Stop on Seacrest (3,800)
- Grand Rental on Seacrest (3,040)
- Handi Mart on W. Atlantic (3,000)
The balance of the uses are less than 3,000 sq. ft. Thus, at
5,000 sq. ft. one allowable use would be affected. At 4,000
sq. ft. another allowable use would be affected. The effect
is that neither would be allowed to expand; and, if
destroyed, would not be allowed to be re-established at more
than 5,000 (or 4,000) sq. ft.
As another part of our research we selected some "typical"
neighborhood centers to determine their land area and floor
coverage. The following was ascertained:
* Pelican Harbor Shoppes @ S. Federal and Tropic Isles Dr
Parcel Size of 64,300 sq.ft 1.48 acres
Total Floor Area 14,000 sq. ft. 0.22 FAR
Largest Tenant 3,000+sq.ft.
* Sherwood Plaza @ Lawson and Congress
Parcel Size of 132,000 sq. ft. 3.04 acres
Total Floor Area 30,700 sq. ft. 0.23 FAR
Largest Tenant 10,000 sq. ft. Stern's
* Mayfair Plaza @ SE 6th Ave & SE 9th St
Parcel Size of 27,000 sq.ft. 0.62 ac
Total Floor Area 8,200 sq. ft. 0.30 FAR
Largest Tenant 1,000 sq. ft. +/-
* The Hamlet Shoppes @ W. Atlantic Ave
Parcel Size of 56,620 sq.ft 1. 30 ac
Total Floor Area 8,800 sq. ft. 0.16 FAR
From the above information, a different approach to the
issue of size and intensity might be considered. This
approach Is to reduced the allowable land area to two (2 )
acres. With a FAR 0 f .3 to .22, the resulting floor area
per development would be 19,200 to 26,000 sq. ft. Within
such a complex a single principal use (retail sales,
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I: '.' P&Z Stat t Report
Modifications to the HC Zone District
Page 3
services, offices) would be restricted to 10,000 sq. ft. as
would the aggregate of such uses. There would be no maximum
set for conditional use items; however, during the
conditional use process a maximum could be imposed if
appropriate.
The resulting text language (changes) to accommodate the
above suggestion would be as follows:
(F)(l) Maximum site area of fc~t ~ ('2) acres.
(H)(2) The maximum floor area which can be allocated to a
single principal use, or qroup of similar (retail, office,
services) principal uses t~tall t~~a~t 0t t~ ~p~tltlt t~talZ
'd~e~1 ~ln@f'dZatZt ~at l~ t)i~ a@f@ft~@fat~/ shall not exceed
35/000 10,000 square feet.
There has been a question as to where the number 4,000
sq. ft. per tenant (which was aired during annexation
hearings on the Taheri property) came from. The statements
made by the Director were in error as he confused the
requirement for a free-standing building to have a minimum
floor area of 4,000 sq.ft. [(F)(3)] with the maximum floor
area required for users.
A L T ERN A T I V E ACT ION S
1. Continue with further direction.
2. Forward with a recommendation supportive to the
Director's recommendations.
3. Forward a different recommendation.
R E COM MEN D E D ACT ION
By motion, based upon a finding that they are not
inconsistent with the Comprehensive Plan, forward the
following proposed changes to the City Commission for
enactment:
(D)(2) DELETE Dispensing of gasoline directly to a
vehicle .
(D)(2) NEW (add) Display & Sale of lawn furniture,
playground equipment, sheds, and accessories.
(0)(3) PARTIAL DELETE Delete the words "and office"
(F)(l) Change maximum site area to two (2) acres
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P&Z Staff Report .
Modifications to the NC Zone District
Page 4 ' .
(H) (2) Reword to:
tiThe maximum floor area which can be allocated to
a single principal use, or group of similar
(retail, office, services) principal uses shall
not exceed 10,000 square feet."
ALSO, direct the Staff to proceed with rezonings from NC to
appropriate zone di ts for land in the area northeast
of the intersecti of Se crest and 22nd Sereet.
Report prepared Date: ~
Attachments:
* September 20th Staff Report with N.C. Text (inventory
is not included)
* Dominguez Memorandum re 9/20/93 Hearing.
DJK/PZNC18TB
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Section 4.4.11
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Section 4.4.11 Neighborhood Commercial (NC) District:
( A) Purpose and Intent: The Neighborhood Conunercial
(NC) District provides the opportunity to locate limited retail
and service uses in a manner convenient to and yet not disruptive
to residential areas. The NC District may be located in areas
designated as Transitional on the Future Land Use Map when a
nonresidential use is appropriate for the location.
(B) Principal Uses and Structures Permitted: The following
types of use are allowed within the NC District as a permitted
use:
( 1 ) Retail sales such as: convenience foods;
household supplies; garden and lawn supplies; drugs and medicine;
small appliance sales and repairs; baked goods; delicatessen
goods.
( 2 ) Provision of services such as: barber and beauty
shops; dry cleaning limited to on-site processing for customer
pickup only; dry cleaning and laundry pickup stations; financing
e.g. banks and similar institutions excluding drive-through
facilities; laundromats limited to self-service facilities;
. dining at sit down restaurants including takeout and ice cream
parlors but excluding drive-in, drive-through facilities;
equipment rental; newsstands.
( 3 ) Business and Professional Offices which provide
direct services to customers such as: travel agencies; outpatient
medical offices; real estate; finance and accounting; community
service (outreach) offices. With limitations per Subsection (H) .
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal
use:
( 1 ) Parking areas for employees and customers
( 2 ) Refuse and storage areas
( D) Conditional Uses and structures Allowed: The following
uses are allowed as conditional uses within the NC District:
( 1) Child care and adult day care
\ f'I.~,"c\o....fo.O <;O-! oJ,;'" ~ S~\e5
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( 2 ) ~-e-f--gas~c direct1.-y-ttJa-veMcle-
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( 3 ) Veterinary clinics and offices
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Section 4.4.11 (E)
(E) Review and Approval Process: .
( 1) In established structures, uses shall be allowed
therein upon application to, and approval by, the Chief Building
Official for a certificate of occupancy.
(2 ) For any new development, approval must be granted
by the Site Plan Review and Appearance Board pursuant to Sections
2.4.5(F), (G) , and (I).
(3 ) Conditional uses must be approved pursuant to the
provisions of Section 2.4.5{E).
(F) Development Standards: In addition to the development
standards set forth in Section 4.3.4, the following shall apply:
( 1) Maximum site area of four (4) acres
( 2 ) Special Landscape Area: Within the first ten feet
( 10 I ) of the front yard setback area (abutting the property line)
full landscaping shall be provided. Driveways and sidewalks
shall be accommodated only when generally perpendicular to the
property line.
(3 ) Any free-standing structure which accommodates a .
principal or conditional use shall have a minimum floor area of
4,000 square feet.
( G) Supplemental District Requlations: The supplemental
district regulations as set forth in Article 4.6 shall apply.
(H) Special Requlations:
( 1 ) Not more than two (2) similar professional or
business offices shall be allowed within a single NC development
nor shall any such office use exceed 2,000 sq. ft. in floor area.
The intent if these restrictions is to maintain the center at the
neighborhood scale.
( 2 ) The maximum floor area which can be allocated to a
single retail tenant or to specific retail uses, singularly or in
the aggregate, shall not exceed 35,000 square feet.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tft/{
SUBJECT: AGENDA ITEM i J~ F - MEETING OF OCTOBER 26. 1993
ORDINANCE NO. 66-93
DATE: October 22, 1993
This is the first reading of an ordinance amending Section 4.4.24,
"Old School Square Historic Arts District (OS SHAD) , of the Land
Development Regulations to provide for a reduction in the parking
requirements for new development or change in use subsequent to
January 1, 1994.
This proposed change encompasses the recommendation of the Parking
Management Team.
The Planning and Zoning Board at their October 18th meeting
recommended approval.
Recommend approval of Ordinance No. 66-93 on first reading. If passed
public hearing November 9th.
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ORDINANCE NO. 66-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS II , SECTION 4.4.24, II OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD) ", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT
REGULATIONS II , TO PROVIDE FOR A REDUCTION IN THE PARKING
REQUIREMENTS FOR NEW DEVELOPMENT OR CHANGES IN USE
SUBSEQUENT TO JANUARY 1, 1994j PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 1.1.6 of the City of Delray Beach
Land Development Regulations, the Planning and Zoning Board reviewed the
proposed revisions at its meeting of October 18, 1993, and forwarded
this revision to the City Commission with a recommendation of approvalj
and,
WHEREAS, pursuant to Florida Statute 163.3174(1)(c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that this ordinance is consistent with the objectives and
policies of the City of Delray Beach 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 4.4.24, "Old School Square Historic Arts
District (OSSHAD)II, Subsection 4.4.24(G), "Supplemental District
Regulations", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(6 ) After January 1. 1994. when the parking requirements of
Section 4.6.9fC) are applied to either new development or
a change in use. said parking requirements shall be
reduced by one parking space. This reduction may only
occur once.
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.
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Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on this day of
1 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
-2- ORD. NO. 66-93
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