02-25-92 Regular
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 25. 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, asa general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited
to three minutes or less (10 minutes for group presentations).
The Mayor or presiding officer may adjust the amount of time
allocated at his/her discretion.
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,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side. of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly 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, for the record, your name and
address. All comments will 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 from speaking further to the Commission
by the . presiding officer, unless permission to continue or again
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city Commission
Regular Meeting
2/25/92
address the Commission is granted by majority vote of the
Commission members present.
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 Regular Meeting minutes of February 11, 1992.
6. Proclamations:
A. Living Well Month - March 1992.
7. Presentations:
8. Consent Agenda: City Manager recommends approval.
A. REVISED AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY
SCHOOL BOARD/ELEMENTARY SCHOOL "S": Approve a revision to
the agreement with the School Board for development of
Elementary School "S" to be located south of Linton Boulevard
and east of Military Trail which caps the School Board's cost
for the construction of water, sewer and roadway improvements at
an amount not to exceed $150,000. .
B. E911 EMERGENCY TELEPHONE SYSTEM INTERLOCAL AGREEMENT:
Approve an interlocal agreement with the County for enhancement
and maintenance of the 911 Emergency Telephone Number system.
C. AUTHORIZATION TO SUBMIT GRANT APPLICATION: Authorize
staff to submit a grant application to the Children's Services
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City Commission
Regular Meeting
2/25/92
Council for funding in the amount of $170,651 for fiscal year
1992/93.
D. AUTHORIZATION TO SUBMIT GRANT APPLICATION: Authorize
staff to submit a grant application to the Florida Department of
Agriculture and Consumer Services for the Small Business Tree
Planting Program. This is a 50/50 matching grant program.
E. SERVICE AUTHORIZATION NO. 2/DIGBY BRIDGES MARSH AND
ASSOCIATES: Approve Service Authorization No. 2, in the lump
sum amount of $32,400, to the contract with Digby Bridges Marsh
and Associates for architectural services in conjunction with
improvements at Currie Commons Park. This is a Decade of
Excellence Bond project.
F. SERVICE AUTHORIZATION NO. 2/DIGBY BRIDGES MARSH AND
ASSOCIATES: Approve Service Authorization No. 2, in the lump
sum amount of $57,600, to the contract with Digby Bridges Marsh
and Associates for architectural services in conjunction with
improvements at Miller Park. This is a Decade of Excellence
Bond project.
G. CHANGE ORDER NO. 1 /MAN CON, INC. : Approve Change Order
No. 1 to the contract with Man Con, Inc. in the amount of
$24,800 for the relocation of pavement on S.W. 7th Avenue (south
of S.W. 10th Street) to the middle of the right-of-way. This
is a Decade of Excellence Bond project.
H. REOUEST FOR TEMPORARY TENT PERMIT/JUNIOR LEAGUE: Approve
a request from the Junior League of Boca Raton to erect a
temporary tent at Old School Square from March 2, 1992 through
March 8, 1992,
I. REOUEST TO HOLD SPECIAL EVENT: Approve a request from
Atlantic Plaza erect temporary canopies and to use the City's
parking lot at Veteran's Park on March 14 and 15, 1992 in
conjunction with the Delray Beach Craft Festival.
J. RESOLUTION NO. 23-92: A resolution assessing the cost for
abatement action necessary to dismantle a tower crane located at
4501 W, Atlantic Avenue.
K. RESOLUTION NO, 24-92: A resolution assessing the cost for
abatement action necessary to demolish an unsafe structure
located at 610 N,W. 2nd Street.
L. RESOLUTION NO. 25-92: A resolution assessing the cost for
abatement action necessary to remove nuisances on 23 properties
located within the City.
M, AWARD OF BIDS AND CONTRACTS:
1. Cars and Trucks - Various Vendors as indicated below
(State Contract) - in the amount of $345,730.91 with
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City Commission
Regular Meeting
2/25/92
funding from Garage Automotive (Account No.
501-3312-591-60.84):
- Seven (7) Ford Taurus - Duval Ford - $74,998
- Two (2) Chevy Luminas - Ed Morse Chevrolet - $21,199.22
- Two (2) Harley Davidsons - Harley Davidson - $14,402
- One (1) Ram Charger - Regency Dodge - $16,455
- Two (2 ) Ford Crown Victorias - Duval Ford - $24,844
- Six (6 ) Ford Tempo- Don Reid Ford - $49,890
- Seven (7) 3/4 Ton Pickups - Duval Ford - $94,986
- One (1) Astro Mini Van - Fred Davis Chevrolet - $11,340
- One ( 1 ) 1/2 Ton Pick-up - Ed Morse Chevrolet - $8,240.69
- Two (2) 1 Ton Vans - Gaylon Black Ford - $29,376
2. N.W. Drainage Outfall Project - N.W. 2nd Street, N.W.
13th Avenue and Lincoln Lane from N. W. 3rd Avenue to Depot
Road - Molloy Brothers, Inc. in the amount o~ $778,075 with
funding from Decade of Excellence Bond Issue N,W. Drainage
(Account No, 225-3161-541-61.39), 1991 Water and Sewer
Revenue Bond Water Distribution (Account No,
447-5174-536-61.78), and Water and Sewer Renewal and
. Replacement Water Distribution (Account No.
442-5178-536-61,78).
9. Regular Aqenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period February
10, 1992 through through February 21, 1992.
B. REOUEST FOR DIRECTION/SWAIM ROAD AGREEMENT: Provide
direction with regard to a request from Mr. Swaim that the City
enter into an agreement which provides that the City will
reimburse him, up to $500,000, in order to provide for the
improvement of Palm Trail north of George Bush Boulevard and
George Bush Boulevard east of U.S. 1 to the Intracoastal
Waterway.
C. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 92-1 :
Authorize staff to initiate Comprehensive Plan Amendment 92-1.
D. APPOINTMENT OF A MEMBER TO THE BOARD OF ADJUSTMENT:
Appoint a member to the fill the vacancy on the Board of
Adjustment. Seat 2 appointment.
10. *' 5tt AOOSnOurn C[,P"I-&)
Public Hearinqs:
A. DETERMINATION OF SUBSTANTIAL DEVIATION: Determine whether
the addition of Builder's Square to the Delint/Waterford DRI
constitutes a substantial deviation from the approved
Development of Regional Impact ( DRI) .
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City Commission
Regular Meeting
2/25/92
11.Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
A. City Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 8-92: An Ordinance rezoning and placing
land presently zoned RM (Multiple Family Residential - Medium
Density) district in CF (Community Facilities) district, said
property being located on the south side of Atlantic Avenue,
between Palm Way and S.E. 7th Avenue, to accommodate a parking
lot in conjunction with the redevelopment of the former Patio of
Delray site. If passed public hearing March 11th.
B. ORDINANCE NO. 9-92: An Ordinance amending the Land
Development Regulations to provided that any required impact fee
assessed for the purpose of providing park and recreation
facilities shall be collected at the time of issuance of a
building permit. If passed public .hearing March 11th.
C. ORDINANCE NO. 10-92: An Ordinance amending the Land
Development Regulations to provide for a change in the approval
authority for canopies to the Chief Building Official instead of
the City Commission. If passed public hearing March 11th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 25, 1992 - 6:00 P.M,
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
E. SERVICE AUTHORIZATION NO. 2/MOCK ROOS AND ASSOCIATES:
Approve Service Authorization No. 2 in an amount not to exceed
$113,600 for engineering services to study, survey, prepare
preliminary designs, contract documents, assist in bidding and
contract negotiation, and construction services for the
regrading, resurfacing, reconstruction and utility improvements
required on roads in Tropic Palms (Dotterel Road, Albatross
Road and Eagle Circle) and the Southwest service areas of the
City, in conjunction with the Road Reconstruction Project.
This is a Decade of Excellence Bond Project. Funding is
available in Decade of Excellence Street Reconstruction
(Account No. 225-3162-541-61.17). City Manager recommends
approval.
F, SERVICE AUTHORIZATION NO. 2/MICHAEL B. SCHORAH AND
ASSOCIATES: Approve Service Authorization No. 2 in an amount
not to exceed $49,109.50 for engineering services to study,
prepare preliminary designs and contract documents, assist in
bidding and contract negotiations, and construction services
for the regrading, resurfacing, reconstruction and utility
improvements required on roads in the Northeast and Southeast
service areas of the City in conjunction with the Road
Reconstruction Project. This is a Decade of Excellence
Bond Project. Funding is available in Decade of Excellence
Street Reconstruction (Account No. 225-3162-541-61.17). City
Manager recommends approval.
G. REOUEST FOR A SPECIAL EVENTS PERMIT: Approve a request
from the Atlantic Avenue Association for a special events
permit to display arts and crafts on the sidewalks along East
Atlantic Avenue, between N.E. 3rd and N.E, 6th Avenues, on
March 6 and 7, 1992, in conjunction with the Second Annual Arts
and Crafts Show. City Manager recommends approval,
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[ITY DF DELRR' HEREH
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100 N,W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407;243,7000
PROCLAMA TION
WHEREAS, the health and well-being of our citizens are
of vital concern; and,
WHEREAS, Floridians can improve their lifestyle by
checking their wellness through regular medical and dental exams,
avoiding abuse of smoking, alcohol, and drugs, eating sensibly,
handling stress, exercising regularly, and practicing good safety
habits: and,
WHEREAS, healthy lifestyle behaviors not only prevent
chronic diseases of the heart and lungs, but also can improve the
individual's present quality of life: and,
WHEREAS, health is the absence of disease and a state
of complete physical, mental and social well-being: and,
WHEREAS, each individual greatly influences his or her
health status by personal choices, recognizing that health is an
on-going process, and being well involves making wise lifestyle
decisions each daYl and,
WHEREAS, defensive driving, the use of seat belts,
wearing bicycle helmets, following the rules of the road, and
making fun safe, healthy and hazard free, are standards to follow
every day; and,
WHEREAS, there are State and local resources available
to assist individuals in choosing responsible lifestyles,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City
of Delray Beach, Florida, do hereby proclaim the month of March,
1992, as
"LIVING WELL MONTH"
in the City of Delray Beach and urge all citizens to join the
Governor's Council on Physical Fitness and Sports and the Living
Well Program sponsors in promoting programs that will make others
aware of the concepts involved in improving the quality of life.
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 25th day of February, 1992.
MAYOR
THOMAS E. LYNCH
SEAL
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGER. /-
SUBJECT: AGENDA ITEM i ~A - MEETING OF FEBRUARY 25. 1992
REVISED INTERLOCAL AGREEMENT/ELEMENTARY SCHOOL "S"
DATE: February 21, 1992
Last summer the City Commission approved in basic form an agreement
for the development of Elementary School "S" . That agreement has now
been approved by the School Board with a modification. A new
paragraph 11 has been inserted which caps the School Board's cost for
the construction of water, sewer and roadway improvements at an
amount not to exceed $150,000. The cost had previously been capped
simply by a description of responsibility. This matter has been
reviewed by our Environmental Services staff and they believe that
the $150,000 number is fair and should not be exceeded by the cost of
the improvements that are the School Board's responsibility.
Recommend approval of the revision to the interlocal agreement with
the School Board for the development of Elementary School "S" .
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 2:,u :';w 15[ A\l\C~E . DFLRAY BEACH. FLORIDA 33444
L\C.)l.\f1LE 4ui 27:Hi55 Writer I s Direct Line
(407) 243-7092
MEMORANDUM
Date: February 12, 1992
To: city Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Interlocal Agreement Between the hool Board and the
City of Delray Beach Concerning E ementary School "s"
Our File #02-90.003
Attached is an agreement that was previously approved in basic
form by the City Commission last summer. It has now been
approved by the School Board and they have inserted a new
paragraph 11 which caps their cost numerically as well as by
description. The cost had previously been capped simply by a
description of responsibility. This matter has been reviewed
by our Environmental Services staff and they believe that the
$150,000.00 number is fair and should not be exceeded by the
cost of the improvements that are the School Board's
responsibilities.
Therefore this agreement, as amended, is being placed on your
February 25th consent agenda for approval.
JSK: jw
Attachment
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Bill Greenwood, Director of Environmental Services
Lula Butler, Director of Community Improvement
elems. jsk
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INTERLOCAL AGREEMENT
THIS AGREEMENT, entered into this day of
, 19 -' between the SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIPA, a corporate body politi,c pursuant to the
Constitution of the State of Florida, (hereinafter referred to
as "SCHOOL BOARD" ) , and the CITY OF DELRAY BEACH, a Florida
municipal corporation, (hereinafter referred to as "CITY").
WIT N E SSE T H:
WHEREAS, it is the intent of the Local Government
Comprehensive Planning and Plan Development Regulation Act,
F.S. 163.3161(4), to. encourage and ensure cooperation between
and among the local governmental entities to provide for the
coordinltt:4..on of development activities of units of local
government; and
WHEREAS, the SCHOOL BOARD is the controlling body of
the Public Schools of Palm Beach County, Florida, and does own
and operate schools in the City of Delray Beach; and
WHEREAS, the CITY, under its powers, is desirous that
under its required procedure that the integrity of its
Comprehensive Land Use Plan is maintained; and
WHEREAS, this Agreement', is ,entered into under the
authority of Section 163.01, Florida Statutes; and
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WHEREAS, the SCHOOL BOARD and the CITY recognize the
recommendation of the Delray Beach/School Board Task Force
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Consensus Statement for the construction of a new elementary
school designated as Elementary School "S"; and
WHEREAS, the SCHOOL BOARD has identified as a
suitable location vacant land south of Linton Boulevard and
east of Military Trail as shown on Exhibit "A".
NOW, THEREFORE, for and in consideration of the
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covenants herein contained, the parties agree as follows:
1. The SCHOOL BOARD shall identify and shall endeavor to
acquire a suitable, school site to be
located within the area identified on Exhibit "Alt.
Said acquisition shall be conducted in a manner
consistent with state statutes and School Board
policies iQ existence at the time of acquisition.
2. The SCHOOL BOARD shall provide for the construction
___of a new elementary school for occupancy during the
94/95 school year.
3. The CITY shall, upon receipt of a petition from the
record owner of the property, at its cost,
immediately commence annexation and zoning proceeding
as necessary to accommodate a public school on the
. property.
4. The CITY shall, at the request of the SCHOOL BOARD,
assist the SCHOOL BOARD 'i,n obtaining the cooperation
and/or approval of other jurisdictional agencies.
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5. The CITY shall, upon re<;eipt and approval of a
conceptual site plan, commence- the construction
design for water system improvements, sewer system
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recognized overnight carrier to the SCHOOL BOARD or
the CITY at the address set forth as follows:
As to School Board: SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA
Office of General Counsel
3970 RCA Boulevard, Suite 7010
Palm Beach Gardens, Florida 33410-4272
With Copies to: -- C.- Monica Uhlhorn
Superintendent
3910 RCA Boulevard, Suite 1011
Palm Beach Gardens, Florida 33410-4272
As to City: CITY OF DELRAY BEACH, FLORIDA
Office of the City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
With copies to: David Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
17. -This Agreement shall be construed in accordance with
the Laws of the State of Florida.
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18. If any term or provision of this Agreement shall, to
any extent, be deemed invalid or unenforceable, the
remainder of this Agreement shall be valid and shall
be enforced to the fullest extent of the law.
IN WITNESS WHEREOF, this Agreement has been executed
~ by the parties herein on the day and year first above written.
Signed in>the presence of: SC~L BOARD OF
~ fiiWif. A3JJ ~;'A"4 p~ X;ZU2XDA
By: ~1il1am-G. Graham
-IJff~~1:;'_ -l Chairman
ttH-I- c:~ U~ -
As to the Board Attest: C. Monica Uhlhorn
Superintendent
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STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer
duly authorized in the State and County named above to take
acknowledgments, personally appeared Hilliam G. Graham Chair-
man and C. Monica Uhlhorn Superintendent of the School Board of
Palm Beach County, Florida, and they acknowledged before me
that they had executed the foregoing instrument as said
officers and that they also affixed thereto the official seal
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of the School Board. ."'"
rORN TO and subscribed before me this cl.7? day. / of .
"7 ' 199~. 4- ....
M~commission Expires.: NO~C ~
Notory rwRc, Stat. of FfOrtlcr (Notary Seal)
My (ilmmmlon Expires ~. 3, 1'1'iS
Jo"d.d ~ fai" -In""",,.. lnc.
Signed in the presence of: CITY OF DELRAY BEACH, FLORIDA
By:
Mayor, Thomas Lynch
ATTEST:
City Clerk
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this date before me, an officer
duly authorized in the State of County named above to take
acknowledgments, personally appeared
as , and as
of the City of Delray Beach,Florida, and
they acknowledged before me that they had executed. the
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foregoing instrument as said officers and that th.ey also
affixed thereto the official seal of the City.
SWORN TO and subscribed before me this day of
, 19 .
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My Commission Expires: Notary Public
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(Notary Seal)
Approved:
SC City Attorney
City
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EXHIBIT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~:B - MEETING OF FEBRUARY 25, 1992
E911 EMERGENCY TELEPHONE SYSTEM INTERLOCAL AGREEMENT
DATE: February 21, 1992
This item is before you to approve an interlocal agreement with the
County for the enhancement and maintenance of the 911 Emergency
Telephone Number System.
This new agreement, which is effective October 1, 1992, is not
significantly different than previous agreements, except that the
agreement will be automatically renewed for a one year period, unless
an intention to terminate is given 90 days prior to the date of
expiration. Previously, the agreement had to be approved every
year. Additionally, the agreement provides that by March 15th of
each year, the City will submit to the County a budget of costs
requested to be reimbursed during the term of the contract,
Recommend approval of an interlocal agreement with the County for the
enhancement and maintenance of the 911 Emergency Telephone Number
System.
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[ITY DF DElRAY 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: February 11, 1992
TO: David Harden, City Manager
Alison MacGregor Hardy, City Clerk
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: City Commission Approval Item Interlocal Aqreement
Attached hereto are three original copies of the 911 Interlocal
Agreement which should be placed on an upcoming City Commission
Agenda. The deadline for approving the agreement is no later
than July 1, 1992. Attached hereto is a letter to the City
Commission from our office outlining the scope of the
agreement.
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SAR:ci
Attachment
cc Chief Richard Overman, Delray Beach Police Department
Major William Cochrane, Delray Beach Police Department
Diane Fellows, Communications Dir., Police Department
911.sar
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[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 4071278-4755 Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: February 14, 1992
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Interlocal Aqreement
Our office has reviewed the Interlocal Agreement between the
County and the City of Delray Beach for the enhancement and
maintenance of the 911 Emergency Telephone Number System. The
Agreement calls for a budgeting and reimbursement process from
the County based on a 911 tax collected by the County on local
telephone bills. The City has previously entered into
interlocal agreements with the County regarding the use of the
911 funds.
This -- which is effective in October 0 f 1992 is
new -Agreement,
, "','" ,.....,- ~ not significantly different than previous agreemen ts'""" "except
that the Agreement will be automatically renewed for one year,
unless an intention to terminate is given ninety (90 ) days
prior to the date of expiration. Previously, the Agreement
needed to be approved every year.
The purpose of the Agreement is to provide enhancements to the
City's public safety 911 answering point system which may
include acquisition installation and/or maintenance of various
types of 911 equipment. The Agreement provides that by March
15th of each year, that the City will submit to the County, a
budget of costs requested to be reimbursed during the term of
the contract.
Our office has reviewed the contract and find it acceptable as
~ sufficiency and form.
S . ,
cc David Harden, City Manager
Chief Richard Overman, Delray Beach Police Department
Major William Cochrane, Delray Beach Police Department
Diane Fellows, Communications Dir., Police Department
911-A.sar
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INTERLOCAL AGREEMENT
BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY, FLORIDA AND
THE CITY OF DELRAY BEACH
FOR THE ENHANCEMENT AND MAINTENANCE OF THE
E 9-1-1 EMERGENCY TELEPHONE NUKBER SYSTEM
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I THIS AGREEMENT is made and entered into this day of
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, 1992, by and between the Board of County
Commissioners of PALM BEACH COUNTY, a political subdivision of the
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!State of Florida, whose address is 301 North Olive Avenue, West Palm
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II Florida 33401, hereinafter referred to as the COUNTY and the
:. Beach,
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~ity of Delray Beach, a Florida municipality, whose address is, 100
Northwest First Avenue, Delray Beach, Florida 33444, hereinafter
Ii referred to as the CITY/TOWN.
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! W I T N E SSE T H
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i i WHEREAS, pursuant to section 365.171(13), Florida statutes, and
i i County pian
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,: consistent with the State-approved for the E 9-1-11
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iisystem, the COUNTY is authorized to establish, upgrade, coordinate
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: and take other appropriate actions, in pursuance of which authority,
! among other things, the COUNTY imposes a "9-1-1 Fee" paid by the
:, i local telephone exchange subscribers within the(.COUNTY boundaries,
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which fee is deposited in a special fund, expenditures from which
'I are authorized for the acquisition (lease and/or purchase) ,
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installation, operation and maintenance of E 9-1-1 system service
and equipment; and
~ section 365.171(13) (a) (6), Florida
WHEREAS, Statutes,
,'acknowledges the legislative intent that the "9-1-1" fee imposed and
collected by the COUNTY will not necessarily provide the total
funding required for establishing or providing the "9-1-1" service;
and
WHEREAS, the COUNTY is authorized, pursuant to the provisions
of Chapter 163, Florida statutes, to enter into agreements with
other governmental agenci~s in Palm Beach County on a basis of
mutual advantage; and
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WHEREAS, the COUNTY desires to assist in the enhancement of the
CITY/TOWN's Public Safety Answering Point, which enhancement may
include the acquisition, installation and/or maintenance of selected
equipment, and is authorized under section 365.171, Florida Statutes
and the County budget adopted or to be adopted for the 9-1-1 system,
and for which enhancement the CITY/TOWN desires to be reimbursed in
accordance with this Agreement: and
WHEREAS, the COUNTY and the CITY/TOWN consider entering into
and performing this Interlocal Agreement to be in the best interests
of their respective citizens and the health, safety and welfare of
such citizens:
NOW THEREFORE, in consideration of the premises and promises
herein contained, it is mutually agreed between the parties as
follows:
1- Purpose. The background and purpose of this Interlocal
Agreement are as set forth in the above recitals incorporated herein
by reference. This Agreement provides ffr reimbursement and
establishes reimbursement procedures, minimum performance standards
and other related procedures, and defines responsibilities
pertaining to the E 9-1-1 Emergency Telephone Number System as they
!
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relate to the parties hereto. The sUbjects addressed herein and the
l inclusive
responsibilities assigned are not all and it is
I
anticipated that the E 9-1-1 Emergency Telephone Number System in
Palm Beach County will require future revisions and modifications.
Accordingly, this document does not represent a limitation of
E 9-1-1 subjects and may be amended by mutual agreement of the
parties.
2. The Term. This Contract shall be effective from October
1, 1992 to September 30, 1993, and shall be automatically renewed
and extended for one (1 ) year unless either party gives written
notice to the other of its intention to terminate this Contract at
least ninety (90 ) days prior to the date of expiration.
2
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'.
3 . Obligations of the CITY/TOWN.
a. The CITY/TOWN shall submit to the COUNTY, no later
than March 15, 1992 and March 15th of each succeeding year
thereafter, the anticipated maximum 9-1-1 costs requested to be
reimbursed to the CITY/TOWN during the term of the Contract. For
purposes of this Contract, 9-1-1 costs means costs eligible for
reimbursement and shall include costs for those items specified in
section 365.171(13), Florida Statutes, as the same now exists or may
hereafter be amended.
b. The CITY/TOWN shall promptly report to the COUNTY any
equipment or database failures as per the Responsibilities and
Guidelines Manual, which is in effect and furnished to the
CITY/TOWN.
c. As between the CITY/TOWN and the COUNTY, the CITY/TOWN
shall be responsible for pur~hasing and acquiring any 9-1-1 related
equipment for which reimbursement has been requested and approved of
by the COUNTY pursuant to this Agreement. Ai/between the CITY/TOWN
and the COUNTY, the CITY/TOWN shall be responsible for repairing any
9-1-1 related equipment for which sufficient funds are available,
subject to reimbursement by the COUNTY in accordance with this
Agreement. All requests for reimbursement must be submitted to
9-1-1 Management no later than July 31, 1993 and July 31, of each
succeeding year thereafter.
d. The CITY/TOWN shall notify the COUNTY of any service
boundary changes within fourteen (14) days of adoption of the
Ordinance setting forth such change.
-.
e. The CITY/TOWN shall provide security and back-up power
to its 9-1-1 system in accordance with the state 9-1-1 plan.
;..~
f. The CITY/TOWN shall provide call takers sufficient to
meet the requirements of the state of Florida, Division of
Communications, pursuant to state 9-1-1 Plan.
g. To the extent permitted by law, the CITY/TOWN shall
indemnify and hold harmless the COUNTY from and against any
liability, cost or expense arising from any act or negligence of the
CITY/TOWN, its agents and employees incurred in connection with the
3
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performance of this Contract. For purpose of liability, the
CITY/TOWN and COUNTY are covered by the provisions of section
,
768.28, Florida Statutes, and this contract shall not be deemed a
waiver of Sovereign Immunity by either party.
h. The CITY/TOWN shall comply, at minimum, with all
standards established for public safety answering points by the
Division of communications of the state of Florida.
i. Commensurate with the capabilities of the CITY/TOWN
Public Safety Answering Point equipment, consistent with the county
Approved Plan, and with no additional liability, expense or cost to
the CITY/TOWN, the CITY/TOWN shall establish and maintain alternate
routing to another answering point with Automatic Number
Identification (ANI) and Automatic Location Information (ALI)
capabilities.
4. Obligations of the.COUNTY.
a. The COUNTY shall assist the CITY/TOWN, to the extent
practical, in the identification and desi1iation of appropriate
9-1-1 costs for which reimbursement may be requested pursuant to
this Agreement.
b. The COUNTY shall submit to the CITY/TOWN, no later
,
than May 31, ~992 or May 31st of each succeeding year thereafter,
the anticipated maximum 9-1-1 costs to be budgeted for reimbursement
and to be reimbursed by the COUNTY to the CITY/TOWN during the term
of the Contract.
c. The COUNTY shall reimburse CITY/TOWN for legitimate
9-1-1 costs incurred during the term of, and in accordance with the
provisions of, this Contract, provided the invoices for which are
submitted to the COUNTY as soon as practical but no later than
thirty (30) days of expiration of this Contract. Reimbursement of
costs incurred by the CITY/TOWN in accordance with this contract,
and budgeted and approved of by the COUNTY, will be made upon
receipt of invoices, including copies of the applicable bill from
the equipment or service provider, delivered to:
9-1-1 Management Office
3111 South Dixie Highway - suite 208
West Palm Beach, Florida 33405
4
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Payment will normally be made by the COUNTY within forty-five (45)
days of receipt of the invoices and supporting materials.
d. The COUNTY shall give priority, in, the allocation of
9-1-1 fee revenue, to recurring project expenses and costs over new
capital (equipment) expenditures, new non-recurring expenses or
costs, and new recurring expenses and costs (including call takers).
e. The COUNTY shall notify the CITY/TOWN within sixty
(60) days, in the event sufficient funds are not available to
reimburse any of the anticipated maximum 9-1-1 costs requested.
f. The COUNTY shall be responsible for establishing and
maintaining current a Master street Address Guide (MSAG) .
g. The COUNTY shall provide a means, whenever practical,
for expediting repair to the 9-1-1 equipment.
h. The obligations of the COUNTY are subject to the
availability of sufficient funds collected from the "9-1-1" fee.
5. Notices. All notices required under this Contract shall
be forwarded, in writing, to: II
CITY/TOWN:
City of Delray Beach
100 NW First Avenue
Delray Beach, Florida 33444
with a copy to:
COUNTY:
Emergency Medical Services - 911 Management
3111 South Dixie Highway - suite 208l
West Palm Beach, Florida 33405
with a copy to:
I-
County Attorney
301 N. Olive Avenue - suite 601
West Palm Beach, Florida 33401
6. Waiver of Breach. It is hereby agreed to by the parties
that no waiver of breach of any of the covenants or provisions of
this Agreement shall be construed to be a waiver of any succeeding
breach of the same or any other covenant.
5
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;. ...,............. .............'...........--... -..-...,-,..~...-_., '.. ""0 -.._-
7. Leqal Effect. This Agreement shall not become binding and
effective until approved by the respecti~e governing bodies hereto,
and filed with the Clerk of the circuit Court of the Fifteenth
Judicial circuit, in and for Palm Beach County, Florida, pursuant to
section 163.01(11), Florida Statutes.
8 . Entiretv of Agreement. The CITY/TOWN and COUNTY agree
that there are no promises or understandings other than those
identified or stated herein. None of the provisions, terms or
obligations in this Contract may be added to, modified, superseded,
or otherwise altered, except by written instrument executed by the
parties hereto.
(REMAINDER OF PAGE INTENTIONALLY/~EFT BLANK)
.
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IN WITNESS WHEREOF, the County of Palm Beach, Florida, has
caused this Contract to be signed by the Chair of the Board of
County Commissioners, and the seal of said Board to be affixed
hereto and attested by the Clerk of said Board, pursuant to
authority granted by said Board, and the CITY/TOWN has caused this
Contract to be signed by and attested by
the Clerk, pursuant to authority granted by said .
ATTEST: CITY OF DELRAY BEACH
BY: BY:
City Clerk
DATE: DATE:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
City Attorney
II
ATTEST:
MILTON T. BAUER, CLERK PALM BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
BY: BY:
Deputy Clerk Chair
DATE: DATE:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
County Attorney
,
:
,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER;j7Ni\
SUBJECT: AGENDA ITEM it g- C - MEETING OF FEBRUARY 25, 1992
AUTHORIZATION TO SUBMIT APPLICATION FOR GRANT FUNDING
DATE: February 21, 1992
This item is before you to authorize staff to submit an application
for grant funding to the Children's Services Council to fund the
City's afterschool programs for Fiscal Year 1992/93.
In previous years, we have received over $574,000 from the Children's
Council to provide recreational and educational activities to
approximately 300 latchkey children at Carver Middle School, the
Community Center and Pompey Park.
Recommend approval of request for authorization ot submit a grant
application to the Children's Services Council for funding for the
City's afterschool programs for Fiscal Year 1992/93.
.,
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MEMORANDUM
TO: David T. Harden. City Manager
FROM: Joe Weldon. Director
Parks and Recreation Dept,
DATE: February 18, 1992
SUBJECT: CSC Funding for 1992-93
The Parks and Recreation has been contacted bv the
Children's Services Council of Palm Beach Countv to begin
the funding process for FY92-93. This will be the 5th year
of funding from the CSC. Funding has ranged from $115.000
the first year to $170.964 for the current fiscal year. CSC
has put a funding cap of $170.651 for FY92-93. CSC funding
provides approximately 74% of the total program costs, and
has granted the City of Delray Beach approximately $574.000
the past four years.
The After School Recreation/Child Care Program provides
after school recreational and academic services for a
maximum total of 300 children daily at three sites: the
Community Center, Pompey Park. and Carver Middle School
Recreation Site. The program is conducted on all school
days, Monday thru Friday, from 2PM to 6PM. School District
buses transport the children from various schools in Boca
Raton, Boynton Beach, and Delrav Beach to the sites. and
parents pick them up at the end of the program day. Upon
documentation that they cannot be pickup some children,
approximately 60, are bused home at the end of the day.
~
Weldon, Director
s and Recreation Dept.
~
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Children's Services Council
of Palm Beach County
Suite 243
3111 South Dixie Highway
West Palm Beach, FL 33405
Please accept this as Notice of Intent to Submit an application for the 1992-93 funding period.
AGENCY: Delray Beach Parks and Recreation Department
PROGRAM: After School Recreation / Child Care Program
ADDRESS: 50 N. W. 1st Avenue
Delray Beach, Florida 33444
TELEPHONE: (407) 243-7250
CONTACT PERSON: Joe Dragon - Assistant Director
(Name and Title) I
I
SUBMITTED BY: Joe Weldon - Director
DATE: 2/1
* IMPORT ANT *
PLEASE SUBMIT THIS NOTICE OF INTENT TO CSC, SUITE 243,
3111 SOUTH DIXIE HIGHWAY, WEST PALM BEACH, FLORIDA 33405 ,
,
NO LATER THAN 5:00 P.M., LOCAL TIME, ON FRIDA Y, MARCH 6,
1992.
FAILING TO SUBMIT THIS NOTICE SO THAT IT IS RECEIVED BY
CSC BY 5:00 P.M., FRIDA Y, MARCH 6, 1992, WILL RESULT
IN NO FURTHER NOTICES ABOUT THIS APPLICA TION PROCESS
BEING SENT TO YOU.
:{::::njQf:G$.Q::m~:::QrlrJ
Received by: Date:
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1992-93 CSC PROGRAM APPLICATION
EXPLANATION OF 1992-93 PROJECTED BASE BUDGET AMOUNT
AGENCY: City of Defray Beach Parks and Recreation
PROGRAM: After School Recreation/Child Care
...., .:.::::.:~.:.rtTIMI:...:..::::t:.:::.It~Ql1.Nn~:~~: :~~j.:.~~Ij:~~1:1)j)j:~j:1:.ili:I~.~:~:.I~f!~:l:~::_A}ifQI.jQ6:TIR.i.::.~@.:.:.1..I:~~:~.~~:ij:::::::::I.:.~..:I.~.::.:~.:l.:..l.:....::::.:..::..~,.:
1991-92
CSC CONTRACT 170,924 From your final 1991-92 CSC contract
AMOUNT
+
ANNUALlZA TION
OF 1991-92 0 The additional funding needed in 1992-93 to fund that
PROGRAM part of your program that was phased-in during 1991-92
CAPITAL 0 Capital expenditures are considered one-time costs and
are subtracted from the base program budget need for
SUBTOTAL 170,924 1992-93
x
1990-91,
EXPENDITURE 0.96 The actual percentage of CSC funds expended in 1990-91
RATE + 2% \.; plus 2% (not to exceed 100%)
SUBTOTAL 164,087
x
TREND FACTOR 1.04 A 4% inflation factor is applied to your budget to determine
the 1992-93 base program funding need
1992-93 CSC
BASE BUDGET Your 1992-93 application for CSC funds must
AMOUNT $170.651 not exceed this amount
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~ 1992-93 CSC Base Program Instructions & Forms
Page 9
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PROGRAM FORM E - AGENCY CERTIFICATION
i In submitting this application to CSC
I (Agency Name) cert~f~es that: ..-......
.. ~
1. The agency board of directors has approved this
application at a meeting on (date) . (If
approval is pending at the t~me of submission, please
check here . ) ;
-
2. All agency decisions regardin9 recruitment, hiring,
promotions, release, and condl.tions of employment
, will be made without regard to consideration of race,
'.
creed, religion, gender, country of national origin,
age, physical or mental handicap, marital status or
any other factor}lwhich cannot lawfully be used as a
basis tor an empl'ioyment decision;
~
3. The agency agrees to negotiate, if deemed necessary,
with csc to refine service levels, procedures,
outcomes, budget, and any other relevant matter for
, incorporation into a contract;
~ 4. The applicant agency doesnot-1ntend by this
application to replace existing funding resources with
CSC funds;
.j 5. The budget included in this application is a
,I reasonable estimate of the anticipated revenues and
expenditures for t~e activities proposed;
6. In accordance with the 1991-92 CSC contract, the
applicant agency will submit, within 12Q days of the
completion of the applicant I s 1991-92'-fiscal year, a
; GAO standard Financial and Compl,iance Audit;
i The applicant agency maintains governmental or 501(c)3
" 7.
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tax exemption status;
8. Any of the following documents are available and upon
request by CSC will be produced by the applicant
agency within five (5) working days, but do not need
to be submitted with this proposal:
a. Articles of Incorporation
b. Agency By-Laws
c. Personnel Policies and Procedures
d. Job Descriptions
e. Certificates of Insurance and Bonding
f. Licenses to Operate Agency/Program
F:92RPINSTR Feb 5. 1992 9:21 am
.
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1992-93 CSC Base Program Instructions & Forms
Page 10
9. NO litigation is threatened or pending which coulq
impair the applicant agency's ability to fulfill th~
provisions of this application; and
, NO adverse action is pending or threatened by any
10.
regulatory, licensing, or oversight agency which
could impair the applicant agency's ability to
fulfill the provisions of this application.
If any of the above documents are not available or any of
these statements cannot be made, please explain below:
1~
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jl
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OFFICIAL AUTHORIZED TO SIGN AND BIND AGENCY TO
APPLICATION:
I
,
Title:
Slgnature
Date:
Prlnt Name
F:92RPINSTR Feb 5, 1992 9:21 am
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1?'L1
SUBJECT: AGENDA I TEM ~ g"...]) - MEETING OF FEBRUARY 25, 1992
AUTHORIZATION TO SUBMIT GRANT APPLICATION/SMALL BUSINESS
ADMINISTRATION TREE PLANTING PROGRAM
DATE: February 21, 1992
This item is before you to authorize staff to submit a grant
application in the amount of $20,000 to the Florida Department of
Agriculture and Consumer Services for the Small Business
Administration Tree Planting Program.
Staff submitted an application last year for funding to make
landscaping improvements at the Boy Scout Hut on Lake Ida Road;
however, we were not funded. As this project has merit, staff is
recommending that we submit another proposal (application) this year.
This is a matching grant program. The City's in-kind participation
includes an irrigation system, Bahia sod for the west portion of the
site, and three year maintenance costs. The maintenance costs are
estimated at $5,000 per year. In anticipation of approval of last
year's application, funding was identified in the 1987 Utility Tax
Bond Issue (Account No. 333-4141-572-61.37). That funding is still
available.
Recommend approval of the request for authorization to submit a grant
application in the amount of $20,000 to the Florida Department of
Agriculture and Consumer Services for the Small Business
Administration Tree Planting Program.
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Agenda Item No.:
AGENDA REQUEST
Date: February 19, 1992
Request to be placed on, -e-.. .
xxx Regular Agenda Q~sent) \
--._..,~
Special Agenda
Workshop Agenda When: Februarv 25. 1992
Description of item (who, what, where, how much): Request City Commission
aooroval to submit an application for grant funds to the Florida Department of
A~ri(,lIltllre and Consumer Services for the Small Business Administration Tree Planting
Prng:r~m ThE> pllrpose of the program i!': to contract with !':mall hw:dnE>!':!':p!,: to pl ~nt
trees on public land. These ~rant funds not to exceed $20.000 will be used to enhance
thE> grollnd!': of the Boy Scout Hut on Lake Ida Road. City match will ('omp from lpft over
funds from the 1987 Utility Tax Bond. Account Number333-4141-572-61.37 fund
(Example:.Request from Atlantic High School for $2,000 to
project graduation).
ORDIHAHCEI RESOLU'l'IOH REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Recommend approval to submit application
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). ~.~........~
Department Head Signature:
~
City Attorney Review/ Recommendation (if applicable): N/A
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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: ~I
Approved for agenda: t!9 / NO ,,01/\/
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.,
[IT' DF DELAA' BEA[H
100 N,W, 1st AVENUE DELRA Y BEACH, FLORIDA 33444 407/243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Lula Butler, Director of Community Improvemen~
DATE: February 19, 1992
SUBJECT: Request City Commission approval to submit grant application
to the Florida Department of Agriculture and Consumer Services
for the Small Business Administration Tree Planting Program.
The City's Grants/Training Coordinator has brought to our attention the
1992 application cycle for this tree planting initiative. You will
recall, that we made application under this program last year for
improvements at the Scout Hut on Lake Ida Road. Unfortunately, we were
not funded.
We still believe this project has merit and would like to submit a
revised proposal to obtain grant funds not to exceed $20,000 to
aesthetically enhance the grounds of the Scout Hut. This project will
prove beneficial to the scouts and residents of the area.
The City's in-kind participation includes an irrigation system, Bahia
Sod for the west portion of the site, and three year maintenance costs.
In anticipation of being funded from our first attempt to obtain this
grant these in-kind costs were identified from left over funds from the
1987 Utility Tax Bond and provided as a line item in last years budget
(Account Number!33-4141-572-61.37). The maintenance costs which amount
to approximately $5,000 per year will need to come from the Parks and
Recreation operating budget.
It should be noted that the Boy Scouts wish to be pro-active in the
process and will, under City supervision, be involved in some aspects of
grounds maintenance.
The grant application must be submitted by March 4, 1992. With this in
mind, we request this item be placed on the February 25, 1992 regular
City Commission meeting agenda.
DGR/SBA
attachments
cc: Joe Weldon, Director of Parks and Recreation
Joe Safford, Finance Director
Nancy Davila, City Horticulturist
Doug Randolph, Grants/Training Coordinator
THE EFFORT ALWAYS MATTERS
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Cost-Share Assistance for
Urban and Community
Forestry Programs
by James B. Harrell
ince 1971. the Department formal agree-
of Agrtculture and Con- ments with
sumer SeIVices has pro- the Depart-
vided urban and commu- ment of Agrt-
nity forestry technical assistance culture and
to Florida's towns and cities Consumer
through its Cooperative Forestry SeIVices to
Assistance Program. In fact, have an ur-
Florida was one of the first states ban forester
to provide such assistance and assigned to
today has one of the most com- their commu-
prehensive and successful pro- nity. The suc-
grams in the country. Funding is cess stories,
through state appropriations as and there are
well as federal support dollars many, have
from the USDA Forest SeIVice. typically m-
What is urban and community volved cities ,
forestry? Urban and community and towns !
forestry focuses on the develop- that, while '
ment and implementation of contending I
long-term, comprehensive tree with tremen-
care programs for our communi- dous growth
ties. The need for improved tree pressure, I
care programs was affirmed by a have made l
1986 survey by the American substantial commitments to I
Forestry Association which plant more city trees, provide 1
showed that urban forests were better care for existing city trees
in a serious state of decline, with and limit the loss of trees during
the average city losing four trees development.
for every tree planted. With an increased public ,I
Over the past 20 years, most awareness over the past three to
of the interest in urban and com- four years concerning such,
munity forestry in Florida has highly publicized issues as glo- (I
been in the southern part of the bal warming and the greenhouse ' r
state. County and urban forest- effect, more and more communi- i
ers located in almost every South ties have become concerned with ::
Florida county provide technical the condition of their trees. For- fl
assistance to large cities and tunately, at this time of height- II'
small towns. In addition, a num- ened environmental concem-
ber of cities have entered into when communities were wanting : I'
I
ij
gUALITY CITIES ~/ANUARY 1992 II
Iii
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to do something about the de- ability to effectively manage its forestry plans and a public edu-
clining condition of their com- urban tree resources. This part cation campaign for street trees.
munity trees-the U.S. Congress of the Farm Bill is frequently
responded with unprecedented referred to as the America The National Small
environmental legislation. Con- Beautiful (ATB) Program. Business Tree Planting
gress. in effect, created a na- Of immediate interest to most
tional urban and community communities and volunteer Program
forestry initiative in 1990. To groups is the pass-through fund-
fund the initiative, Congress ing for urban and community A very innovative approach to
appropriated approximately $65 forestry projects through the ATB urban and community forestry
million for fiscal year 1991. Program. These funds totalled assistance occurred in the fall of
This national urban and com- $320,000 for Florida for fiscal 1990 when Congress appropri-
munity forestry initiative was year 1991. ATB grants were ated $15 million to the U.S.
composed of two complementary awarded by Commissioner of Small Business Administration
parts: (1) the expanded forestry Agriculture Bob Crawford on (SBA) for implementation of the
title of the 1990 Farm BilL fre- September 6, 1991. to 37 suc- National Small Business Tree
quently referred to as the cessful applicants as a part of Planting Program. The intent of
America The Beautiful (ATB) Florida's ATB Urban and Com- the program was to promote the
Program, and (2) the National munity Forestry Matching Grant use of small businesses in the
Small Business Tree Planting Program. The Florida ATB grant acquisition and planting of trees
Program. program was developed and on both rural and urban public
implemented by the Florida Ur- land. Qualified applicants in-
1990 Farm Bill ban Forestry Council's America clude local governments. state
The Beautiful Subcommittee agencies. non-profit organiza-
Major facets of the 1990 Farm working with the Division of For- tions, volunteer groups and edu-
estry. The 1991program was cational institutions.
Bill include: officially announced on National In Florida. Gov. Lawton Chiles
1. Base funding of $150.000 Arbor Day (April 26). By the ap- designated the Department of
per state to develop or expand plication deadline on June 28, Agriculture and Consumer Ser-
urban and community forestry 1991. 137 applications had been vices as the lead agency for
delivery capabilities through the received. implementation of the National
state forester's office (the state The ATB Urban and Commu- Small Business Tree Planting
forester of Florida is the director nity Forestry Matching Grant Program. Applications were
of the Division of Forestry of the Program provides up to $20.000 taken from the first of June
Department of Agriculture and in financial assistance to local through July 5. 1991. Success-
Consumer Services), governments, volunteer groups, ful applications were submitted
2. A one-time allocation of $20 non-profit organizations and edu- to SBA as a part of Florida's
million to establish the National cational institutions to cost -share consolidated application for
Tree Trust and Foundation. a the implementation of projects $754.110.
private non-profit foundation to that develop or enhance urban The required program match
promote public awareness and and community forestry pro- for the SBA program was 75
volunteerism for tree planting. grams and improve the environ- (federal): 25 (ilPplicant); how-
and solicit private and corporate ment. A 50:50 minimum match ever, priority was given to those
dollars for urban tree planting is required and projects must be applicants who could match at
projects. The National Tree Trust completed by September 30. higher levels. Applicants were
and Foundation may be con- 1992. required to include provisions in
tacted at the following address: Under the 1991 ATB grant the grant applications for the
National Tree Trust and Founda- program. grant funds were avail- purchase of trees from small
tion, 1001 Pennsylvania Avenue, able to applicants in anyone of businesses (defined by SBA as a
N.W., Suite 1201. South. Wash- four grant categories: business with less than 100
ington. D.C. 20004; telephone: 1. Local Government Program employees) and contract planting
(202) 628-TREE. Development or Improvement. of the trees by small businesses.
I 3. Creation of a 15-person 2. Demonstration or Site Spe- In addition. three-year mainte-
National Urban and Community cific Projects. nance at the applicant's expense
Forestry Advisory Council to 3. Non-Profit Administration. was a grant requirement (main-
I develop a national policy on ur- 4. Information and Education tenance costs, however. could be
ban and community forestry. Projects. used as a match against the
4. Pass-through funding to Examples of ATE projects federal grant dollars). Unlike the
local governments. educational funded for 1991 include: street America The Beautiful Program.
institutions. volunteer groups tree inventories. staffing for non- the National Small Business
and non-profit organizations to profit organizations. demonstra- Tree Planting Program is fman-
cost -share programs that de- tion tree plantings. educational cial assistance for tree planting
velop or enhance a community's tree brochures, master urban only.
FLORIDA LEAGUE OF CITIES
18
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Of the 194 SBA applica-
tions received by the De-
partment of Agriculture and
Consumer Services, 63 were
submitted to the U.S. Small
Business Administration
and approved for grant
awards of up to $20.000
each. These SBA applicants
will plant trees along our
city streets. on school
grounds and in public parks
throughout Florida.
Florida's Plant a
Tree Trust Fund
In order to promote tree
planting in Florida. the
Legislature. in 1990. enact-
ed legislation (Fla. Stat.
90.304) establishing within
the Department of Agricul-
ture and Consumer Services
a trust fund entitled the
"Plant A Tree TIust Fund."
The Plant A Tree TIust Fund
is a vehicle to encourage
and support the planting of
native trees through the ac-
quisition of funds and their
distribution through 50:50
matching grants to local
governments, non-profit
organizations and qualifY-
ing private landowners.
The Plant A Tree TIust
Fund will become fully op-
erational in calendar year
1992 and will be adminis-
tered by the Department of
Agriculture and Consumer
Services, Division of For-
estry.
The development of com-
munity tree care programs
in Florida's towns and cities
is frequently limited due to
lack of local funding. Three cost- level and the Plant A Tree Trust James B. Harrell is cooperative
share programs, the America The Fund will begin making grant jorestry assistance supervisor jor
Beautiful Urban and Community awards. Tnese programs com- the Florida Department oj Agricul-
Forestry Matching Grant Pro- plement each other very well ture and Consumer Services. His
gram, the National Small Busi- and are a tremendous opportu- job responsibilities include techni-
ness Tree Planting Program, and nity to green-up our Florida cal supervision oj the depart-
the Plant A Tree Trust Fund offer towns and cities. ment's Urban Forestry Program
significant opportunities for the For more information on staffed by 63 projessionaljorest-
development of comprehensive these programs, contact: Urban ers. He has bachelor's and
community forestry programs. Forestry Coordinator, Florida master's degrees jrom the Univer-
For 1992, it is anticipated that Division of Forestry, 3125 sity oj Florida and has been em-
the two federal cost-share pro- Conner Boulevard, Tallahassee, ployed by the Department oj Agri-
grams will be funded by Con- FL 32399-1650; telephone: culture and Consumer Services
gress at approximately the same (904) 488-5168. . since 1975.
gUALI1Y CITIES - JANUARY 1992
19
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER //7/
SUBJECT: AGENDA ITEM # <6 E - MEETING OF FEBRUARY 25, 1992
SERVICE AUTHORIZATION NO. 2/CURRIE COMMONS PARK/DIGBY
BRIDGES MARSH AND ASSOCIATES
DA TE : February 21, 1992
This is a service authorization to the contract with Digby Bridges
Marsh and Associates in the lump sum amount of $32,400 for
architectural services in conjunction with improvements to Currie
Commons Park. This is a Decade of Excellence project.
The scope of service for this authorization includes preparation of
the construction documents, assistance in bidding and construction
management services. Coordination for lighting plans prepared by
others is also included.
Recommend approval of Service Authorization No. 2 to the contract
with Digby Bridges Marsh and Associates in the lump sum amount of
$32,400 with funding from 1987 Utility Tax - Currie Commons (Account
No. 333-4151-572-61.41).
"
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CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: FEBRUARY 19, 1992
SERVICE AUTHORIZATION NO. 2 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 225-4146-572-61.64
PROJECT NO.: 91-48 (CITY) DIGBY BRIDGES,
MARSH &
ASSOCIATES
TITLE: CURRIE COMMONS PARK
This Service Authorization, when executed, shall be
incorporated in and shall become an integral part of the
Contract dated February 27, 1991 between the City of Delray
Beach and Digby Bridges, Marsh and Associates, P.A.
I PROJECT DESCRIPTION
Preparation of construction documents, assistance in
bidding and construction management services for
improvements at Currie Commons Park.
II SCOPE OF SERVICES
Phase III - included in this project.
Phase IV - included in this project.
Phase V - included in this project.
All phases are for site plan, paving & drainage,
landscape, irrigation & architectural service.
Coordination for lighting plans prepared by others is
also included.
III BUDGET
Compensation for the services shall be a fixed lump sum
amount of $ 32.400.00.
IV COMPLETION DATE
Time for completion of these services shall be 200 days
from written notice to proceed.
This service authorization is approved contingent upon
the City's acceptance of and satisfaction with the
completion of services rendered in the previous phase
-
or as encompassed by the previous service
authorization. If the City in its sole discretion is
unsatisfied with the services provided in the previous
phase or service authorization, the City may terminate
the contract without incurring any further liability.
The CONSULTANT may not commence work on any service
authorization approved by the City to be in included as
part of the contract without a further notice to
proceed.
Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date Date
Thomas E. Lynch
Mayor
witness
Witness
Attest: Corporate Seal
BEFORE ME, the foregoing
instrument, this
day of , 1992,
Approved as to Legal was acknowledged by
Sufficiency and For on behalf of the
, Corporation and said
person executed the same
free and voluntarily for
the purpose there-in
expressed.
witness my hand and seal
in the County and State
aforesaid this ,
day of ,
1992.
Notary Public
state of Florida
My commission Expires:
CSA.KT
I
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERY-'J
SUBJECT: AGENDA ITEM i Zp - MEETING OF FEBRUARY 25. 1992
SERVICE AUTHORIZATION NO. 2/MILLER PARK/DIGBY BRIDGES
MARSH AND ASSOCIATES
DATE: February 2 1 , 1992
This is a service authorization to the contract with Digby Bridges
Marsh and Associates in an amount not to exceed $57,600 for
architectural services in conjunction with improvements at Miller
Park. This is a Decade of Excellence project.
The scope of service for this authorization includes preparation of
construction documents, bidding/negotiation services and
construction management services. Coordination for lighting plans
prepared by others is also included.
Recommend approval of Service Authorization No. 2 to the contract
with Digby Bridges Marsh and Associates in the lump sum amount of
$57,600 with funding from 1987 Utility Tax - Miller Field (Account
No. 333-4151-572-61.40).
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CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: FEBRUARY 19. 1992
SERVICE AUTHORIZATION NO. 2 FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE 225-4166-572-61.62
PROJECT NO.: 91-47 (CITY) DIGBY BRIDGES,
MARSH &
ASSOCIATES
TITLE: MILLER PARK
This Service Authorization, when executed, shall be
incorporated in and shall become an integral part of the
Contract dated February 27, 1991 between the City of Delray
Beach and Digby Bridges, Marsh and Associates, P.A.
I PROJECT DESCRIPTION
Preparation of construction documents, assistance in
bidding and construction management services for
improvements at Miller Park.
II SCOPE OF SERVICES
Phase II - included in this project.
Phase III - included in this project.
Phase IV - included in this project.
Phase V - included in this project.
All phases are for site plan, paving & drainage,
landscape, irrigation & architectural service.
Coordination for lighting plans prepared by others is
also included.
III BUDGET
Compensation for the services shall be a fixed lump sum
amount of $ 57.600.00.
IV COMPLETION DATE
Time for completion of these services shall be 215 days
from written notice to proceed.
This service authorization is approved contingent upon
the City's acceptance of and satisfaction with the
completion of services rendered in the previous phase
'.
or as encompassed by the previous service
authorization. If the city in its sole discretion is
unsatisfied with the services provided in the previous
phase or service authorization, the City may terminate
the contract without incurring any further liability.
The CONSULTANT may not commence work on any service
authorization approved by the city to be in included as
part of the contract without a further notice to
proceed.
Approved by:
CITY OF DELRAY BEACH: CONSULTANT:
Date Date
Thomas E. Lynch
Mayor
witness
witness
Attest: Corporate Seal
BEFORE ME, the foregoing
instrument, this
day of , 1992,
Approved as to Legal was acknowledged by
Sufficiency and For on behalf of the
, corporation and said
person executed the same
free and voluntarily for
the purpose there-in
expressed.
witness my hand and seal
in the County and State
aforesaid this ,
day of ,
1992.
Notary Public
State of Florida
My Commission Expires:
CSA.KT
".
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fl/'l!
SUBJECT: AGENDA ITEM # gG - MEETING OF FEBRUARY 25, 1992
CHANGE ORDER NO. 1/MAN CON, INC.
DATE: February 21, 1992
This item was discussed at the February 18, 1992 workshop meeting and
is now being brought before you for formal action.
This is a change order in the amount of $24,800 to relocate the
existing pavement within the right-of-way of S.W. 7th Avenue to the
center of the right-of-way.
This relocation is necessary to improve the drainage swales on the
west side of the pavement and increase the distance between the
buildings and the paved travel way.
Recommend approval of Change Order No. 1 in the amount of $24,800 to
the contract with Man Con, Inc. with funding from Decade of
Excellence Bond Issue Road Reconstruction (Account No.
225-3162-541-61.17).
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Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: 2/19/92
-K- R~gular Agenda _Special Agenda _Workshop Agenda
When: Feb. 25, 1992
Description of agenda item (who, what, where, how much)Staff
. request approval of Change Order No. 1 to Man-Con, Inc. in the amount
of S 24.800.00 to relocate the existing pavement within the right-ot-
way 0f S.W. 7th Ave. to the center of the right-of-way. The pavement
to be reconstructed is south.of S. W. 10th Street. Funding source -
Decade of Excellence Road Reconstruction Acct. # 225-3162-541-61.1/.
ORDINANCE/RESOLUTION REQUIRED: YESI-NO DRAFT ATTACHED YES/NO
Recommenda tion: Staff recommends approval of Change Order No. 1 in
the amount of $ 24,800 to Man-Con to reconstruct. S. W. 7th Avenue to
relocate the pavement within the center of the right-of-way. This re- .
location will improve the drainage swales on the west side of the )
pavement and decrease the distance between the buildings and the paved 1fIJ'
travel way.' 'd~ ~
Department Head Signature: IJI) '. ,'~ ~ ~f'.~7 .
Determination of Consi~tency with.Comprehensive Plan:
City Attorney Review/Recornrnend~tion (if applicable)
"
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: ~NO
Funding alternatives (if applicable)
Account No. & Description 225"'3162-5'4-1 ~/-/1 ~er ~~c..nON - I.
Account Balance I.033.D1!.'ZS' '
.
City Manager Review:
Approved for agenda: ~/NO (t/l1
Hold Until: ·
Agenda Coordinator Review:
,
Received:
Action:
. . Approved/Disapproved
'f
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MEMORANDUM
TO: David T. Harden
city Manager
FROM: Ralph Hayden, P.E.
City ,Engineer
DATE: February 14, 1992
SUBJECT: RELOCATION OF THE PAVEMENT WITHIN THE
RIGHT-OF-WAY OF S.W. 7TH AVENUE
As we discussed at the DSMG meeting of February 13, 1992,
you indicated that the matter of relocating the pavement
within S.W. 7th Ave. should be placed before the Commission
at their workshop meeting of February 18, 1992.
We have met with the contractor installing the enclave water
and sewer (Man-Con, Inc.) and their final price to
reconstruct S. W. 7th Ave. to be wi thin the center of the
right-of-way is $24,800. The funding source would be Decade
of Excellence Road Reconstruction 225-3162-541-61.17.
The west edge of pavement is npproximately four feet from
the west right-of-way. The property owners have little or
no swale for drainage and their homes are very close to the
paved travel way. The property owners are very concerned
about this situation and would like the road relocated to
the center of the right-of-way.
~~
Ralph Haytlen, F.E.
RH:mm
cc: William H. Greenwood, Dir. of Env. SVcs.
Howard.Wight' Construction Manager
..,~
File: Memos to city Manager
RHROW214.MRM
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CONTRACT MODIFICA TION DATE: February 19, 1992
(CHANGE ORDER)
CHANGE ORDER NO: 1
CONTRACT MODIFICATION NO.: 1
OWNER: City of Delray Beach
PROJECT NO. SEF30787.Dl
PROJECT NAME: Water & Sewer Service to the Former Enclaves
CONTRACTOR: Man-Con, Inc.
THE FOLLOWING MODIFICATIONS TO THE CONTRACT ARE HEREBY ORDERED: (USE ADDlnONAL PAGES IF REOUIRED)
Rebuild S.W. 7th Avenue and realiqn to the center of the right-of-way, in
accordance with the attached proposal dated February 14, 1992.
I CONTRACT AMOUNT I CONTRACT nME (CAL. DAYS) I
ORIGINAL S 1.564.306.20 ORIGINAL DURATIONS 240 DAYS
PREVIOUS CHANGE ORDERS (ADD/DEDUCT) S 0.00 PREVIOUS CHANGE ORDERS (ADD/DEDUCT) 0 DAYS
THIS CHANGE ORDER ("DD/~ S 24,800.00 THIS CHANGE ORDER (ADD/DEDUCT) 0 DAYS
REVISED CONTRACT AMOUNT S 1,589,106.20 REVISED CONTRACT TIME 240 DAYS
THE REVISED CONTRACT COMPLETION DATE IS:
N/A .19
City of Delray Beach Man-Con, Inc. CH2M HILL
I OWNER I CONTRACTOR I ENGINEER I
100 N.W. 1st Avenue 1132 N.E. 48th Street 800 Fairway Drive, Suite 350
ADDRESS ADDRESS ADOR~ 33441
Delray Beach FL 33444 Pompano Beach, FL 33064 Deer leld Beach, FL
BY: BY: BY: ,'>>- Q... ~
DATE: DATE: DATE: <-! r 91 ~ 1-
Thomas E. Lynch, Mayor
Approved as to Form:
'City Attorney
(2.4) J:lEV 8/88 FORM 273
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// .. ...- .. ~~_III
---- ----- - ----
---- ----- --...---
- ,.. - ----- .- --- -.-
- -- -- -- - ~~.... --
INCORPORA TED
ENGINEERING CONTRACTORS
1 1 32 N.E. 48th Street (305) 783-9806
Pompano Beach. Florida 33064 Fax: (305) 783-9622
],:mu.::l.ry 31, 1992
FEB I 4 1992
Mr. Brian A. Shields, P.E. FAX DELIVERY
CH2M Hill
800 Fairway Drive, Suite 350
Deerfield Beach, FL 33441
RE: Water & Sewer Service To Former Enclave
Areas of Lake Ida & Germantown REVISED
Schedules A & C
Rebuild S.W. 7th Avenue
Dear Mr. Shields:
As requested we have developed a proposal to rebuild S.W. 7th Avenue
and shift the roadway to the approximate center line of the right of
way.
The costs are summarized as follows:
Roadway Construction...................$J7,500.00 34,700-
Less restoration credit................ (9,700.00)
TOTAL ADDITIONAL COST..................$27,OOO.00 2..4, eoo -
The following conditions apply to the above cost:
1. Sidewalk construction not included.
2. Sod or grass mulch not included.
3. The portion of the existing roadway which is at the correct
alignment will remain.
4. Asphalt will be removed and limerock reworked.
5. Driveways to be stabilized with shellrock.
6. Relocation of fences and tree removal included.
7. Survey work included.
8. Stop bars and double yellow stripes at S.W. 11th Street and
S.W. 10th Street are included.
9. Stop signs relocated.
10. Maintenance of traffic included.
Please call should you have any questions or comments.
Sincerely,
MAN CON, INC.
1~~~~
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MAN CON, INC. ESTIMATE FORM A Datt_.._._.______of ..."...,.,.."....
1132 N.E. 48th Street .- \. J -/ ^ ' ,':-:: BJ_:..J!)~~_....Chkd,._.__
Pompano Beach, fL 33064 _................._..;;.':"~.:....-:.::....;._....!......:..... / j"- , .-..-.-......
lob_._....._~..:.J..._................_...._...._
----..--........-....---..---- .--.---.......
UNIT PRICE TOTAl.
ITEM WORK QUANTITY UNIT
L M TOTAL
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STANDARD ROAD DETAI L '
RESIDENTIAL STREET REV. 8/82
FLO R IDA d()/~et R I W R
, 2 LANES 5. I
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS ,
A
FROM: CITY MANAGER i~;</'!
v
SUBJECT: AGENDA ITEM :II: F:H - MEETING OF FEBRUARY 25, 1992
REOUEST FOR TEMPORARY TENT PERMIT/JUNIOR LEAGUE
DATE: February 21, 1992
We have received a request from the Junior League of Boca Raton, Inc.
to erect a temporary tent at Old School Square from March 2, 1992
through March 8, 1992 for the purpose of conducting a thrift sale.
All proceeds from the sale support community-wide projects. A
detailed letter is attached as backup material for this item.
Recommend approval of the request to erect a temporary tent at Old
School Square from March 2, 1992 through March 8, 1992.
PW1.ufL if=' eorUJM.5f (I!nORWJS) - ~
~ t.fJ; ~ r ~ ad.Ud(
~ '11-0 I ( #I7IJeEu.;S /J;'S 5&717/79 )
"
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,
, Agenda Item No.:
AGENDA REQUEST
Date: Feb 18, 1992
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: Feb 25, 1992
Description of agenda item (who, what, where, how much):
Request for approval of temporarv tent for
Junior League of Boca Raton, Inc.
March 2 through 8, 1992
Old School Square
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~~ -- -
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds) :
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: t!J/ NO fftVI
Hold Until: v !
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
..
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MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER
COMMUNITY IMPROVEMEN~
FROM: LULA BUTLER, DIRECTOR,
SUBJECT: TENT APPROVAL REQUEST FROM THE JUNIOR LEAGUE OF BOCA
RATON, INC. .=. MARCH ~ THROUGH 8, 1992 -
DATE: FEBRUARY 18, 1992
ITEM BEFORE THE COMMISSION:
- -
Request from the Junior League of Boca Raton, Inc. to erect a
tent at Old School Square for the purpose of a thrift sale on
March 6 and 7 , 1992.
BACKGROUND:
Each year the Junior League of Boca Raton, Inc. sponsors a fund
raiser with proceeds going to community wide projects. The tent
will be set up on March 2 and taken down on March 8, 1992.
Section 2.4.6 (H) of the approved LDR's provides for City
Commission approval to erect a tent prior to a permit being
issued by the Building Official.
RECOMMENDATION
The Department of Community Improvement recommends approval of
the erection of the temporary tent for the annual fund raiser
thrift sale on March 6 and 7, 1992 at Old School Square.
LB:dc
C:OSS.Tent
.,
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17l {ty\ ~ (j Ckv
of olfL J<\J'Q\-+--
SEPTEMBER 24, 1991
Dear Local Merchant:
On behalf of the Junior League of Boca Raton, the Second Hand Rose Attic Sale
Committee is looking for new, irregular or overstocked merchandise to sell at
reduced prices to lower income customers in Broward and Palm Beach Counties
during our Attic Sale on March 6th & 7th,1992. The Attic Sale handles all
types of merchandise from clothing, appliances, lamps, rugs, household items,
toys, furniture,sporting goods to auto supplies.
Junior League volunteers will supply pick-up, transportation and storage of
any unwanted inventory, over stocked merchandise or extra supplies. You will
recieve a tax donation for Federal Income Tax purposes. We will also gladly
highlight your donation in our press.
The annual Attic Sale will be held this year in the newly renovated Old
School Square Gym in Delray Beach. All proceeds from the sale support
community-wide projects. The League, with over 471 members, staffs with
volunteers and provides financial support to such projects as: The Mainstream
Teen Center which opened at the Scout Hut in Memorial Park in April 1990;
The Farmworkers Health Clinic h-eld annually each fall in Delray Beach and our
newest project, The Farmworker Child Development Center which will be the
only pre-school for migrant children in the area. Last year we raised over
$30,000. at this event.
Our goal this year is to double the net proceeds and to increase the
communities participation and awareness. We would greatly appreciate any
merchandise you would care to donate. For additional information, please
call our Canvassing Chairman - Debby Anderson at 393-9118 or Susan Norton
at 994-4936.
We look forward to talking with you in the near future and welcome this
opportunity to work with you on this benificial community wide project.
Sincerely,
W~
. Bolton,
Attic Sale Committee
The Junior League of Boca Raton, Inc.
reoches out to women of all roces, religions and national origins
who demonstrate an interest in and commitment to voluntarism.
500 N.E. Spanish River Blvd., Suite 9, Boca Raton, FL 33431
Telephone (407) 392-3793
"
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JLllillOR LEAGUE
OF BOCA RATON (22 /7.J,
l1lL . f>>1 ZflUL ~
--c S~~ ~ If dtjtJd ~ ~
I!s ~ 6JfL ('mUm .,.
. . I ft&mIJO<-. II)
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u I1c CI'V K '() nl{/jL
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adoJ "Wb7T 7fmE " }JpaL c,!! I 7 iJ- /77:<
d1d :7};1,j IS. &; MlLll SdE -}nd.icJtSeL k ~ cfF7/cK.
~'UF ?i /lJI.u; m~ ~ ?~ ch~ ~ /~ cA
t{)E /r<<rw /h J? ;%.-u~ / 71L /~Se >>/];c
IS ~ ;l/YJ& a #:;;f:/!::;~~~'/ t~dods f;/t- ::JOu.J
reaches out to women of all races, religions and natlO~ ton,s':
who demonstrate an interest in and commItment to vo un an .
. d S 't 9 Boca Raton FL 33431 (JUfI filJ0
500 N.E. Spanish River Blv " Ul e , ,
Telephone (407) 392-3793
j/}'(}::#?E: ~/!f> IF)', dE ~.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERV1J\
SUBJECT: AGENDA ITEM i <6I - MEETING OF FEBRUARY 25, 1992
REOUEST TO ERECT TEMPORARY CANOPIES/USE OF VETERAN'S PARK
PARKING FACILITIES
DATE: February 21, 1992
We have received a request from Atlantic Plaza to erect temporary
canopies and to use the parking facilities at Veteran's Park on March
14 and 15, 1992 for the Delray Beach Crafts Festival.
The Festival will include 80-90 craft booths, 5-10 Irish specialty
booths, day-long band playing and other entertainment.
Addi tionally, there is a request to erect a banner sign. Banner
signs are not permitted. The Atlantic Plaza has been advised of this
and staff has provided them with alternatives.
Recommend approval of the request to erect temporary canopies and to
use the parking facilities at Veteran's Park and deny the request to
erect a banner sign.
'.
'.
. .
. Agenda I tem No.:
''"GENOA REQUBST
,
Date: 2/19/92
Request to be placed on:' X Consent
Regular Agenda Special Agenda Workshop Agenda
When: 2/25/92
Description of agenda item (who, what, where, how much):
Approval for Delray Beach Crafts Festival, March 14-15, 1992
Atlantic Plaza. 777 E Atlabtic Avenue
Tpmpor8.ry c8.nop; p~ 8.nn 11~P nf Vprpr~n' ~ P>'lrk p>'lrk; Tlg 1 nr
ORDlNANCE/ RESOLUTION REQUIRED: YESG Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Reviewl Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO ~J(
Hold Until: ~ .
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.,
'.
"
.
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~
SUBJECT:
DELRAY BEACH CRAFTS FESTIVAL
DATE: FEBRUARY 18, 1992
ITEM BEFORE THE COMMISSION:
- -
Mr. Sandy Simon, Atlantic Plaza Ltd, is requesting Commission
approval for the Delray Beach Crafts Festival to be held at
Atlantic Plaza, 777 East Atlantic Ave, from Saturday, March 14th
through Sunday, March 15, 1992 in conjunction with the St.
Pa tr ick' s Day Parade. permission is being requested to utilize
the City's municipal parking lot at Veteran's Park and the
erection of temporary canopies.
BACKGROUND:
The Festival will include 80-90 craft booths, 5-10 Irish
specialty booths, day-long band playing and other entertainment.
Mr. Simon's letter also requests a banner sign which is not
permitted; however, a sign less than 20 sq. ft. is permitted to
be erected one week prior to the event with a bond.
Commission approval is required for this special event pursuant
to Section 2.4.6 (H) of the Land Development Regulations to allow
the erection of the temporary canopies, which will be installed
in the parking lots at Atlantic Plaza and Veteran's Park.
RECOMMENDATION:
The Department of Community Improvement recommends that the City
Commission grant permission to erect temporary canopies and deny
the banner request for the Delray Beach Crafts Festival from
March 14 and 15, 1992 at Atlantic Plaza and Veteran's Park.
LB:DQ
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January 31, 1992 S orner
Mr. David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear David:
Atlantic Plaza is planning a charity "Delray Beach Crafts
Festival" on the Atlantic Plaza property and with the City's
permission, on the Veteran's Park parking lot on Saturday and
Sunday, March 14th and 15th, in conjunction with the st. Patrick's
Day Parade.
Our plans are to have 80 - 90 craft booths, day-long bands and
other entertainment in Atlantic Plaza with 5 - 10 booths
featuring Irish specialties such as cornbeef and cabbage.
We request permission from the City to use the Veteran's Park
parking lot as we did in January, and to alert the police
department because we should have 30,000 people here each day and
would appreciate their cooperation.
In addition, this letter hereby requests permission to place
a sign banner prior to the event, to be taken down at the end of
the day on March 15th.
If you have any questions or any of your staff have any questions
please feel free to give me a call.
CC: Howard Alan
"
.
...
.
.
.
ATLANTIC PLAZA
MERCHANTS' ASSOCIATION, INC
777 East Atlantic Avenue
Suite 320
Delray Beach, Florida 33483
(407) 278.1989
January 30, 1992
On January 11th and 12th, Atlantic Plaza sponsored its third
annual Arts Fes t, a fabulous outdoor exhibit of arts and crafts
located on all parking lots surrounding Atlantic Plaza. More
than 170 upscale quality booths featuring art in oil painting,
water colors, ceramics, jewelry, and others. Attracted more than
30,000 people each day, 60,000 people for the weekend.
In cooperation with Howard Alan Productions, Atlantic Plaza has
now produced its' third year of the Arts Fest. Last November,
Atlantic Plaza held its first annual crafts festival, drawing
more than 30,000 people over the two-day event. Merchants
throughout the downtown area said that it generated more business
than they have had in years.
Atlantic Plaza is seeking a cooperative effort with the City, the
DDA, CRA, Atlantic Avenue Association and the Chamber of
Commerce, next year so to draw even ~ people to Delray Beach
and to attract shoppers to all of downtown.
The success of the Delray Af~air, sponsored by the Greater Delray
Beach Chamber of Commerce has for many years drawn more than
200,000 people to downtown Delray. It is expected at least as
many will be attracted to this year's event scheduled one week after
Easter. With Old School Square and Veteran's Park being completed
this year, even more can be done to make downtown Delray Beach
the mecca for artist, fairs, and shoppers.
The City of Delray Beach, under its Decade of Excellence bond
issue is planning more than $700,000 for renovative improvements
of Veterans Park to begin after this season and hopefully will be
completed by next season.
Old School Square is about to begin construction of the interior
of the 1925 high school building auditorium and lobby with the
opening expected next winter.
..
.,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER,c~
v ;
\.
SUBJECT: AGENDA ITEM :II: ~ J - MEETING OF FEBRUARY 25. 1992
RESOLUTION NO. 23-92
DATE: February 21, 1992
This item is a Resolution assessing costs for abatement
action required to dismantle a tower crane located at 4501 West
Atlantic 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 $4,620 remains unpaid.
Recommend approval of Resolution No. 23-92 assessing costs for the
dismantling of a tower crane on property located at 4501 West
Atlantic Avenue.
.,
..
,1
I
:1 RESOLUTION NO. 23-92
:\ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
I
i BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
I 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 BEACH7 SETTING
I OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH AcTION7 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 7 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-
inances7 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 I
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 i
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
i demolished7 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 notice7 and,
.: WHEREAS, all the notice requirements contained within Chapter
. 165 have been complied with7 and,
I
; WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
I 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 involved7 and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
! cost of said condition against said property owner(s).
II 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 C1ty of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
! I?arcel(s) of land described in said report and in the amount(s) indi-
I cated thereon. Said assessments so levied shall, if not paid wi thin
I
I thirty (30) days after mailing of the notice described in Section 165.42
, become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien I
for general city taxes and shall be collectible in the same manner and I
with the same penalties and under the same provisions as to sale and i
foreclosure as City taxes are collectible. I
,
I
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 ma1l, postage prepaid,
return receipt requested, to the owner (s) 0 f the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6 %) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
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 , 1992.
.M A Y 0 R
ATTEST:
City Clerk
i
. - 2 - Res. No. 23-92
0'
-
NOTICE OF ASSESSMENT
Date
TO: David Jones Builder, Inc.
ADDRESS: 800 West Cypres Creek Road, Ft. Lauderdale, Fl 33309
PROPERTY: 3401 W. Atlantic Avenue, Delray Beach, F1 33444
LEGAL DESCRIPTION: Sly 371.17' of th pt of NWt of SEt 1yg N of & adj.
to SR806 and E of & Adj to E-4 Canal, in Section 18-46-43
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $4,620.00by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1991, 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 11-25-91
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 initiat~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 WTitten notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 12-31-91
at a cost of $4~620.00 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
"
,
, ~
Copy of all notices referred to ~i1 this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
1 I'.'
~ .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~0
SUBJECT: AGENDA ITEM :II: ~t< - MEETING OF FEBRUARY 25. 1992
RESOLUTION NO. 24-92
DATE: February 21, 1992
This item is a Resolution assessing costs for abatement
action required to demolish an unsafe structure on property located
at 610 N.W. 2nd Street. The Resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this
property in the event the assessment of $2,391.40 remains unpaid.
Recommend approval of Resolution No. 24-92 assessing costs for
abatement action to demolish an unsafe structure on property located
at 610 N.W. 2nd Street.
"
I
RESOLUTION NO. 24-92
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 7 PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS 7 PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS 7 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 i
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 I
,
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 !
demolished7 work must be begun within sixty (60) days and all work must I
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
I said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with7 and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Officia17 therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done7 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,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
.
.,
~ ,-
i Section 1. That assessments in the amount of !
as shown by I
the report of the City Manager of the City of Delray a copy of which is I
attached hereto and made a part hereof, are hereby levied against the
parcells) 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 parcells) 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
wi th the same penal ties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. Tha t 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,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained .
herein shall become due and payable thirty (30) days after the mailing I
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 i
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1992.
MAYOR
ATTEST:
City Clerk
- 2 - Res. No. 24-92
.
"
NOTICE OF ASSESSMENT
Date
TO: Julian Ferretti, Ariel Gutkovitch, Selma Wyman
ADDRESS: c/o James A. Configlio, Esq., 189 Bradley Place, Palm Beach, Fl 33480
PROPERTY: 610 NW 2nd Street, Delray Beach, Florida 33444
LEGAL DESCRIPTION: E50' of W200' of N135' of Block 11, Town of Delray,
according to Plat Book 1, Page 3 of the official records of Palm Beach County, Fl
You, as the record owner of, or holder of an interest in, the above-
described property are hereby advised that a cost of $2,391.40 by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1991, 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 11-8-91
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiatp.d on an emergency basis by the City.
x You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on 1-29-92
at a cost of$2,391.40 which includes a ten percent (10%) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
~
. . . .
Copy of all notices referred to in this notice are available in the
office of the Building Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
..
.,
. 9
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER /~v1
L/ '
SUBJECT: AGENDA ITEM :II: g'L - MEETING OF FEBRUARY 25. 1992
RESOLUTION NO. 25-92
DATE: February 2 1, 1992
This item is a Resolution assessing costs for abatement
action required to remove nuisances on 23 properties located within
the City. The Resolution sets forth the actual costs incurred and
provides the mechanism to attach liens on these properties in the
event the assessments remain unpaid.
Recommend approval of Resolution No. 25-92 assessing costs for
abatement action to remove nuisances on 23 properties located within
the City.
.
.
"
RESOLUTION NO. 25-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS 7 PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances7 and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said propertY7 and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s)7 and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land (s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land involved7 and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
,
..
.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcells)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid wi thin thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel (s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become d)le and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s) , and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the Ci ty Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAYOR
ATTEST:
City Clerk
- 2 - Res. No. 25-92
.
'r I,,'
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 11, BLK 6, ATLANTIC JAMES E. VANCE $ 82.00
GARDENS, DELRAY, PB 14, P 63, 141 SW 12TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING)
COUNTY, FL
(141-143 SW 12TH AVENUE)
LOTS 8 & 9 (LESS RD R/W), BLK DOLORES A. LIBBY TR $112.00
2, SOPHIA FREY ADDITION, PB 4, C/O ARNOLD F. KURZINGER 70.00 (ADM. COST)
P 37, PUBLIC RECORDS, PALM 4426 GLENEAGLES DRIVE (RECORDING)
BEACH COUNTY, FL BOYNTON BEACH, FL 33436
(911 N FEDERAL HIGHWAY)
LOT 20, BLK 1, BELAIR HEIGHTS, EDWARD J. & BERNADINE $112.00
DELRAY, PB 20, P 45, PUBLIC G. KIRK 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL C/O SECURITY INVESTMENTS (RECORDING)
(28 & 28 1/2 SW 9TH AVENUE) P.O. BOX 14970
NO. PALM BEACH, FL 33408
S 1/2 OF LOT 20, BLK 2, GOLF K.M.JR.& SHELLEY S.LINDEN $ 46.00
PARK, PB 26, P 141, PUBLIC 578-B SW 20TH COURT 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (RECORDING)
(578-B SW 20TH COURT)
LOT 39, DELRAY BEACH ESTATES, GERALD J. SOLOMON $200.00
PB 29, P 163, PUBLIC RECORDS, 17096 NORTHWAY CIRCLE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL BOCA RATON, FL 33496 (RECORDING)
(2345 N FEDERAL HIGHWAY)
LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G.& PATRICIA ALLEN $ 40.00
PB 12, P 81, PUBLIC RECORDS, 206 SW 2ND AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(206 SW 2ND AVENUE)
LOT 22, BLK 47, TOWN OF DELRAY, JOSEPH P. & RITA CHARLOT $ 40.00
PB 12, P 81, PUBLIC RECORDS, 215 SW 3RD AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(215 SW 3RD AVENUE)
LOTS 12 & 13, BLK B. RIDGEWOOD STRAGHN ENTERPRISES OF $ 73.00
HEIGHTS, DELRAY, PB 14, P 44, DELRAY BEACH 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 3817 SW DORSON WAY (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33445
(1013 SW 8TH AVENUE)
LOT 6, BLK 9, ATLANTIC GARDENS, P. & GENEVA ROBINSON $ 52.00
DELRAY, PB 14, P 63, PUBLIC E. & DELORIS JOHNSON JR. 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 322 NW 3RD STREET (RECORDING)
(SW 11TH AVENUE) BOYNTON BEACH, FL 33435
-3- Res. No. 25-92
., .".
-
LOT 23, BLK 7, OSCEOLA PARK, MAX & PATRICIA GABRIEL $ 52.00
PB 3, P 2, PUBLIC RECORDS, 610 SE 3RD AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 (RECORDING)
(610 SE 3RD AVENUE)
LOTS 10 TO 16 INC., BLK 15, WILLIE WRIGHT $ 96.00
TOWN OF DELRAY, PB 13, P 18, 106 NW 12TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING)
COUNTY, FL
(217-219 SW 7TH AVENUE)
LOT 23, BLK 1, ROSEMONT PARK, PORTALIS PIERRE $ 98.00
DELRAY, PB 13, P 60, PUBLIC 1027 SW 14TH AVENUE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(606 SW 4TH AVENUE)
LOTS 8 & 9, BLK 4, SILVER MIRACLE MILE MOTORS INC. $ 83.00
TERRACE, DELRAY, PB 11, P 61, 4725 NW 5TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH POMPANO BEACH, FL 33064 ( RECORDING)
COUNTY, FL
(1010 S. OLD DIXIE HIGHWAY)
LOT 16, BLK 103, TOWN OF FARRELL W. & $103.00
DELRAY, PB 2, P 19, PUBLIC NANCYE K. CURRAN 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL 233 SE 4TH AVENUE (RECORDING)
(233 SE 4TH AVENUE) DELRAY BEACH, FL 33483
LOT 54, SUNSET PARK, DELRAY, THOMASA R. CRUZ $ 40.00
PB 12, P 65, PUBLIC RECORDS, 409 NW 7TH COURT 70.00 (ADM. COST)
PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33426 (RECORDING)
(MANGO DRIVE)
N70' OF E136' OF BLK 71, TOWN WILBERT H. & $ 34.00
OF DELRAY, PB 1, P 3, PUBLIC GLORIA D.JONES 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL CLAYTON N. JONES ( RECORDING)
(20-22 SE 2ND STREET) 20 SE 2ND STREET
DELRAY BEACH, FL 33444
TH PT OF ELY77.41' OF N100' OF COMMUNITY LAND CORP.ET AL $108.00
S125' OF W 1/4 OF LOT 5 LYG P.O. BOX 50001 70.00 (ADM. COST)
ELY OF 1-95 R/W, SUB OF SEC LIGHTHOUSE PT, FL 33074 (RECORDING)
17-46-43, PB 1, P 3, PUBLIC
RECORDS, PALM BEACH COUNTY, FL
(SW 15TH AVENUE)
LOT 6, BLK 6, DELRAY SHORES, DAWN PELOSI $295.00
PB 23, P 167, PUBLIC RECORDS, 30 SE DORSON WAY 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (RECORDING)
(30 SE DORSON WAY)
LOT 13, BLK 10, DELRAY SHORES, WAYMON & KATHY R. THOMAS $120.00
PB 23, P 167, PUBLIC RECORDS, 2542 ANGLER DRIVE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (RECORDING)
(2542 ANGLER DRIVE)
-4- Res. No. 25-92
'f
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LOTS 19 TO 20, BLK 5, SUB OF RAYMOND & DIANE $ 82.00
BLK 5, DELRAY BEACH, PB 23, MANGICAPRA 70.00 (ADM. COST)
P 72, PUBLIC RECORDS, PALM 1301 W.BOYNTON BCH. BLVD. (RECORDING)
BEACH COUNTY, FL SUITE 9
(SW 8TH AVENUE) BOYNTON BEACH, FL 33426
LOT 8, ROSEMONT VILLAS UNIT B, GARY L. THOMPSON $ 52.00
PB 29, P 183, PUBLIC RECORDS, 816 SW 5TH AVENUE 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING)
(816 SW 5TH AVENUE)
LOT 6, BLK 61, (OLD SCHOOL LAWRENCE L. JR. & $222.00
SQUARE HISTORIC DISTRICT), LILLIE PARKER 70.00 (ADM. COST)
TOWN OF DELRAY, PB 1, P 3, 730 CHATELAINE BLVD. E (RECORDING)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445
COUNTY, FL
(19 & 21 SW 1ST AVENUE)
LOT 2, (LESS N20'), BLK 61, LUCIUS SIMMONS $ 62.00
(OLD SCHOOL SQUARE HISTORIC 1301 KANAB AVENUE NW 70.00 (ADM. COST)
DISTRICT) , TOWN OF DELRAY, PALM BAY, FL 32907 (RECORDING)
PB 1, P 3, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(50 W. ATLANTIC AVENUE)
LOT 16, FIRST ADD TO KENMONT, RESOLUTION TR CORP RECV'R $180.00
PB 22, P 24, PUBLIC RECORDS, FOR FIN SEC S&L ASSN 70.00 (ADM. COST)
PALM BEACH COUNTY, FL C/O MARGOLIN (RECORDING)
(1011 NE 9TH AVENUE) 2424 N FEDERAL HWY #450
BOCA RATON, FL 33431
VIOLATION IS; SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-5 - Res. No.25-92
or 1"11
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. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER v9JU/
SUBJECT: AGENDA ITEM :II: gf1 - MEETING OF FEBRUARY 25. 1992
AWARD OF BIDS AND CONTRACTS
DATE: February 21, 1992
This item is before you to approve the award of the following bids
and contracts:
1. Cars and Trucks - Various Vendors as indicated below (State
Contract) - in the amount of $345,730.91 with funding from
Garage Automotive (Account No. 501-3312-591-60.84):
- Seven (7) Ford Taurus - Duval Ford - $74,998
- Two (2 ) Chevy Luminas - Ed Morse Chevrolet - $21,199.22
- Two (2 ) Harley Davidsons - Harley Davidson - $14,402
- One ( 1 ) Ram Charger - Regency Dodge - $16,455
- Two (2 ) Ford Crown Victorias - Duval Ford - $24,844
- Six (6 ) Ford Tempo- Don Reid Ford - $49,890
- Seven (7) 3/4 Ton Pickups - Duval Ford - $94,986
- One (1) Astro Mini Van - Fred Davis Chevrolet - $11,340
- One ( 1 ) 1/2 Ton Pick-up - Ed Morse Chevrolet - $8,240.69
- Two (2 ) 1 Ton Vans - Gaylon Black Ford - $29,376
2 . N.W. Drainage Outfall Project - N.W. 2nd Street, N.W. 13th
Avenue and Lincoln Lane from N.W. 3rd Avenue to Depot Road -
Molloy Brothers, Inc. in the amount of $778,075 with funding
from Decade of Excellence Bond Issue N.W. Drainage (Account No.
225-3161-541-61.39), 1991 Water and Sewer Revenue Bond Water
Distribution (Account No. 447-5174-536-61.78), and Water and
Sewer Renewal and Replacement Water Distribution (Account No.
442-5178-536-61.78).
Recommend approval of the award of bids and contracts with funding as
indicated above.
"
., "
I ,
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Agenda Item No. :
AGENDA REQUEST
Date: Februarv 18, 1992
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: Fphrn.<lry ? '1, 1992
Description of agenda item (who, what, where, how much): Purchase Award -
Various Cars & Trucks
ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Multiple awards per attached memo, at a total cost of
$145.730.9l.
4 )fi>>) ,
r-d~/V.Lf~
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding alternatives: (if applicable)
Account No. & Description: ?D1-3aIZ-S4J.WJ-M ALtfoMon ve
Account Balance: M2-,t?84.tt>
City Manager Review:
~ ~
Approved for agenda: E 'I NO / ..
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
..
.,
-.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager/~
Administrative Services
FROM: Ted Glas, Purchasing Officer ,.()(
DATE: February 18, 1992
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 25, 1992 - PURCHASE AWARD
CARS AND TRUCKS
Item Before City Commission:
The City Commission is requested to make multiple awards to firms as
listed below for cars and trucks, at a total cost of $345,730.91.
Per the Finance Department, funding is from:
( ) .
Background:
Funds were placed in the FY 91-92 budget for vehicles for various
departments and divisions under the direction of the Vehicle
Maintenance Division of the Environmental Services Department.
Vehicles are available via Florida State Contract as listed on
attached work sheets.
The Fleet Superintendent has reviewed the contract and recommends
award as stated below.
Recommendation:
Staff recommends multiple awards via Florida State Contract to
dealers, as follows:
Vehicle Dealer Quantity Total Cost
Ford Taurus Duval Ford 7 $ 74,998.00
Chevy Lumina Ed Morse Chevrolet 2 21,199.22
Harley Davidson Harley Davidson 2 14,402.00
Dodge Ramcharger Regency Dodge 1 16,455.00
Ford Crown Victoria Duval Ford 2 24,844.00
Ford Tempo Don Reid Ford 6 49,890.00
3/4-Ton Pick-Up Duval Ford 7 94,986.00
Astro Mini Van Fred Davis Chevrolet 1 11 , 340.00
lI2-Ton Pick-Up Ed Morse Chevrolet 1 8,240.69
I-Ton Van Gaylon Black Ford 2 29,376.00
$345,730.91
Attachments:
Memo from Fleet Superintendent
Fleet Listing/Replacement Schedule
Contract Work Sheets
pc Richard Corwin
Jerry Rude
..
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.
MEMORANDUM
To: Ted Glass, Purchasing Director
,
q"
From: Jerry Rude, Fleet Superintenden , j/
Date: February 11, 1992
Subject: Vehicle Replacement
Please find enclosed the vehicle replacement list for 1992. Funds
are still available for the larger trucks on which I have not yet
received the State bid.
The funding available to the garage was $567,274.00. After the
following vehicles are purchased, in addition to the Police pursuit
vehicles already purchased, the total is $459,447.58 The remaining
balance is $107,826.42.
A total of Thirty One (31) vehicles to be purchased
A total of Ten (10) Police pursuit vehicles ordered
A Grand Total of Forty One (41) vehicles
(7) 1992 Ford Taurus
(2) 1992 Chevy Lumina
(2) 1992 Harley Davidson M/C
(1) 1992 Dodge Ramcharger K-9
(1) 1992 Ford/Crown/Vic Pursuit
(1) 1992 Ford/Crown/Vic (Fire Dept.)
(6) 1992 Ford/Tempo
(2) 1992 Ford/F-250 Pick Up Truck
(1) 1992 Chevy Astro Van
(1) 1992 Chevy 1/2 Ton Pick Up Truck
(2) 1992 Ford 1 Ton Van E-350
(1) 1992 Ford/F-250 Long Cab
(1) 1992 Ford/F-250 Utility Bed W/Canopy
(3) 1992 Ford/F-250 Utility Bed
JR/dk
cc: Mr. Bill Greenwood, Director of Environmental Services
Mr. Richard Corwin, Deputy Director of ES/PW
File: Memos To Purchasing
JR212M
.,
, '.
CITY OF DELRAY BEACH
FLEET LISTING/REPLACEMENT VEHICLE
POLICE DEPT. FUNDING AVAILABLE $567,274.00
VEHICLE OLD NEW EST REPL
If VEHICLE REPLACEMENT LIFE YEAR
1311 83 DODGE/DIPLOMAT 92 FORD/TAURUS 7 1999
1518 85 FORD/THUNDERBIRD 92 FORD/TAURUS 7 1999
1711 87 FORD/L.T.D. 92 FORD/TAURUS 7 1999
1715 87 FORD/L.T.D. 92 FORD/TAURUS 7 1999
1809 88 DODGE/DIPLOMAT 92 FORD/TAURUS 7 1999
1502 85 DODGE DIPLOMAT 92 FORD/TAURUS 7 1999
1705 87 DODGE DIPLOMAT 92 FORD/TAURUS 7 1999
1519 85 JEEP/CHEROKEE 92 CHEVY /LUMINA 7 1999
1418 84 CADILLAC 92 CHEVY/LUMINA 7 1999
1701 87 KAWASKI 92 HARLEY DAVIDSON 2 1994
1801 88 KAWASKI 92 HARLEY DAVIDSON 2 1994
1718 87 DODGE/RAMCHARGER 92 DODGE/RAMCHARGER AD150 5 1997
1105 91 FORD/CROWN/VIC 92 FORD/CRWON/VIC 3 1995
(Totaled)
FIRE DEPARTMENT
8504 85 FORD/L. T. D. 92 FORD/CROWN/VIC 7 1999
PLANNING & ZONING
384 85 CHEVY/CAVALIER 92 FORD/TEMPO 7 1999
BUILDING & ZONING
389 85 CHEVY/CAVALIER 92 FORD/TEMPO 7 1999
CODE ENFORCEMENT
383 85 CHEVY/CAVALIER 92 FORD/TEMPO 7 1999
TRAFFIC OPERATIONS
523 74 CHEVY/C-10 PICKUP 92 FORD F-250 P/U 10 2002
609 83 FORD FAIRMONT 92 FORD /TEMPO 7 1999
PARKING FACILITIES
613 85 DODGE MINI VAN 92 CHEVY/ASTRO VAN 10 2002
.,
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. ~
VEHICLE OLD NEW EST REPL
/! VEHICLE REPLACEMENT LIFE YEAR
BUILDING MAINTENANCE
623 79 GMC/SIERRA 15 92 CHEVY 1/2 TON P/U 10 2002
ATHLETICS & SPECIAL EVENTS
712 85 DODGE/RAM-350 VAN 92 FORD 1 TON VAN 10 2002
713 85 DODGE/RAM-350 VAN 92 FORD 1 TON BAN 10 2002
PARKS DEPARTMENT
716 83 FORD RANGER 92 FORD F-250 P/U 10 2002
721 82 DODGE/D-250 92 FORD F-250 LONG CAB 10 2002
722 82 DODGE/D-250 92 FORD F-250 U/B 10 2002
781 )13 FORD /TEMPO 92 FORD /TEMPO "7 Ilri'1
WATER TREATMENT
400 84 FORD/TEMPO 92 FORD/TEMPO 7 1999
SEWER SYSTEM
441 86 GMC/VANDURA 92 FORD/F-250 UCB 10 2002
WATER MAINTENANCE
432 84 FORD/F-250 U/B 92 FORD/F-250 U/B 10 2002
434 84 FORD/F-250 U/B 92 FORD/F-250 U/B 10 2002
"
.1
~JVI
\
STATE OF FLORIDA
Contract # 070-200-310 (27A Sedan)
1992 Ford Taurus 3 .OL
Dealer: Duvall Ford - Jacksonville
Price 10 , 714 . 00
Total Unit Price 10 , 714. 00
Total Cost - 7 Vehicles = 74,998.00
(7 Police Department-Detective)
.,
STATE OF FLORIDA
Contract /I 070-100-205 (2G)
1992 Chevy Lumina 2 Door 3.1 V6
Dealer: Ed Morse Chevrolet - Lauderhill
Price 10,569.61
Option:
#8002 Pinstripes 30.00
Total Unit Price 10,599.61
Total Cost - 2 Vehicles = 21,199.22
(2 Police Department-O.C.E.)
'f
.,
STATE OF FLORIDA
Contract # 070-840-92-1
1992 Harley Davidsons FXRP Police
Dealer: Harley Davidson of Miami, Florida
Price 6,325.00
Options:
#6001 2 Front Strobe Lights 245.00
#6002 1 Rear Strobe Light 185.00
#6003 Black & Chrome Powertrain 381. 00
#8001 Public Address System 65.00
Total Unit Price 7,201.00
Total Cost 2 Motorcycles = 14,402.00
(2 - Police Department Traffic)
.,
.
STATE OF FLORIDA
Contract # 070-400-400 (35)
1992 Large Utility Vehicle (4X2) Dodge Ramcharger AD150
Dealer: Regency Dodge- Jacksonville
Price 15,414.00
Options:
#4001 Air Adjustable Rear Shocks 89.00
#5001 Air Conditioning 681. 00
#5006 Additional Dome Light 55.00
#5002 AM/FM Radio 99.00
#5010 Rain Shields 40.00
#9903 Spotlight Mounted LH Side 77.00
Total Unit Price 16,455.00
Total Cost - 1 Vehicle = 16,455.00
(1 Police Department K-9 Unit)
T
STATE OF FLORIDA
Contract # 070-100-400 (2A)
1992 Ford Crown Victoria Police Pursuit Package
Dealer: Duval Ford- Jacksonville
Price 12,223.00
Options:
Extended Warranty Included
#5012 Rain Shields 46.00
#9901 Spotlight 190.00
Total Unit Price 12,459.00
Total Cost 1 Vehicle 14,374.00
Insurance Money 10,873.33
#1105 Totaled
(1,585.67)
.,
STATE OF FLORIDA
Contract # 070-100-400 (2A)
1992 Ford/Crown/Vie Large Size 4 Door Sedan (RWD)
Dealer: Duvall Ford - Jacksonville
Price 12,223.00
Options:
#5012 Rain Shields 46.00
115004 60/40 Std.
#1006 Radio Suppression 48.00
#9915 Rust Proof 68.00
Total Unit Price 12,385.00
Total Cost 1 Vehicle = 12,385.00
(1 - Fire Department)
r
STATE OF FLORIDA
Contract # 070-200-130 (28 Sedan)
1992 Ford Tempo 3.0L 4 Door Automatic
Dealer: Don Reid - Maitland
Price 8,290.00
Options:
#5007 Rain Shields 25.00
Total Unit Price 8,315.00
Total Cost -6 Vehicles = 49,890.00
(1 Planning & Zoning)
(1 Building & Inspection)
(1 Code Enforcement)
(1 Water Treatment)
(1 Parks & Rec)
(1 Streets)
'1
STATE OF FLORIDA
Contract # 070-500-420-(5)
1992 Ford/F250 5.0L Automatic/Pick Up Truck (4X2)
Dealer: Duvall Ford - Jacksonville
Price 10,782.00
Options:
#5001 Air Conditioning 660.00
#5009 Rain Shields 35.00
#2005 Towing Package 368.00
Total Unit Price 11 ,845.00
Total Cost 2 Vehicles = 23,690.00
(1 - Traffic Operations)
(1 Parks Department)
r
,I
STATE OF FLORIDA
Contract # 070-300-205-(14)
1992 Chevy Astro Mini Van 4.3L (V6) Automatic
Dealer: Fred Davis Chevrolet - Green Card Springs
Price 10,577 . 00
Options:
4.3L V6
Automatic
Gauges
Powersteering
Powerbrakes
L/R Mirrors
#5001 Air Conditioning 642.00
#5002 AM/FM Radio 152.00
#5010 Rain Shields Over Doors 10.00
#8009 No Glass in Cargo Credit (40.00)
Total Unit Price 11 ,340.00
Total Cost 1 Vehicle = 11 ,340.00
(1 - Parking Facilities)
.,
.,
STATE OF FLORIDA
Contract # 070-500-410 (4)
1992 Chevy 1/2 Ton Pick-Up 4.3L V/6 Automatic
Dealer: Ed Morse Chevrolet - Lauderhill
Price 8,240.69
Total Unit Price 8,240.69
Total Cost 1 Vehicle = 8,240.69
(1 - Building Maintenance)
"
"
STATE OF FLORIDA
Contract # 070-300-425 (12)
1992 Ford 1 Ton Van E-350
Dealer: Gaylon Black - Apoka
Price 10,782.00
Options:
#1004 Ford 7.3L Diesel N/C
#5001 Dual Air 369.00
#5006 Rain Shields 21.00
Total Unit Price 14,688.00
Total Cost 2 Vehicles = 29,376.00
(2 Athletics & Special Events)
.,
.,
STATE OF FLORIDA
Contract # 070-500-420 (5)
3/4 Ton Pickup Truck 5.0L
Dealer: Duval Ford- Jacksonville
Price 10,782.00
Options:
#5001 Air Conditioning 660.00
#5005 Folding Rear Bench Seat 209.00
#5009 Rain Shield 35.00
#8017 Long Cab Model 2,320.00
#2005 Heavy Duty Towing Equip. 368.00
Total Unit Price 14,374.00
Total Cost 1 Vehicle 14,374.00
(1 Parks Department)
'f
..
.
STATE OF FLORIDA
Contract # 070-500-420 (5)
1992 Ford/F250 Utility Bed W/Canopy 5.0L
Dealer: Duvall Ford - Jacksonville
Price 10,782.00
Options:
#5001 Air Conditioning 660.00
#U.C.B. Canopy 3,085.00
#2005 Heavy Duty Towing Equip. 368.00
Total Unit Price 14,895.00
Total Cost - 1 Vehicle = 14,895.00
(1 Sewer System)
.,
STATE OF FLORIDA
Contract # 070-500-420 (5)
1992 Ford/F250 Truck
Dealer: Duvall Ford - Jacksonville
Price 10,782.00
Options:
#5001 Air Conditioning 660.00
#8006 Utility Bed 2,199.00
#2005 Towing Package 368.00
Total Unit Price 14,009.00
Total Cost 3 Vehicles = 42,027.00
(1 - Parks Department)
(2 - Water Maintenance)
,
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Agenda Item No.:
AGENDA REOUEST
Request to be placed on: Date: 2/20/92
x Regular Agenda ____Special Agenda ____Workshop Agenda
When: 2/25/92
Description of agenda item (who, what, where, how much)____
Staff requests approval Project No. 91-64, N.W. Drainage Outfall for construction of
of a drainage outfall pipe along N.W. 2nd St., N.W. 13th Ave. and Lincoln Lane from
. N.W. 3rd Ave. to Depot Rd. to Molloy Brothers, Inc. in the amount of $778, 075.
Funding source: Decade of Excellence Acct. 225-3161-541-61.39; $712,575. Funding
source Acct. 447-5174-536-61.78; $65,500. YES~ DRAFT ATTACHED YES/NO
ORDINANCE/RESOLUTION REQUIRED:
Recommendation: Staff recommends award of Proiect No. 91-64 to Molloy Brothers,
Inc. in the amount of $778,075.00.
Department Head Signature~ ~~,- --.. ~ 00"," .
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:~
Funding alternativ (if applicable)
Account No. & Description,. . -.
Account Balance~z - .. 7/z..~~~S -..:-t2S 3/J;/ 5W~1 39 ;Pt).e4NW~I>J""e
- ~~tsri S . ,
ci ty Manager Review~ A"'T - .. 1./-9 /" "''107 $"", S3/. "78 'f{I1J/S wlt1a~rr~J.a.
GIH-: ~'lfci J~ 1
Approved f~r agenda: ~/Nb ,'1J\ (!)4':/~3!t\f '+'+2.. S"'7'l S"~'I '}g~...
Hold Until. 1/ v I 6.ta..-2.S.~32... ~~
Agenda Coordinator Review: ~&
Received:
'lit. ~s C-.) Action:
,~ c.l<<JIAC.l. A d/D. d
Sou~ oC; f'uNO,~. . pprove ~sapprove
(j) "712. S")S fVl'4() 2.:Z$ 31hJ S'U '-' 3'1 .)l&e N'A,rJN~IN""E:
Ci) 'i~ ,,(., f\,,..,o'l-'t-7 sl7'f S3l. '-, 78 ." "'Is. w~~ O'-'''D1.I6
<i) /10' 33'f hsNP 'f'f-L. 5/78' S~ ~178 ~J> ~ t ....~/qWttcr\.+
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MEMORANDUM
TO: David T. Harden
city Manager
FROM: Ralph E. Hayden, P.E.
City Engineer
DATE: February 20, 1992
SUBJECT: N.W. Area Drainage Outfall
Project No. 91-64
Attached is an agenda request and bid tabulation for the
N.W. Area Drainage Outfall Project. The lowest responsible
responsive bidder is Molloy Brothers, Inc. Their bid is
$778,075.00. Please place this item on the agenda for
commission approval. Funding sources are Account No.
447-5174-536-61.78, ($65,500.00) and Account No.
225-3161-541-61.39 (balance of contract).
~?JIrL
Ralph E. Hayden, P.E.
DH:RH:mm
cc: William H. Greenwood, Dir. of Env. svcs.
File: Memos to City Manager
Project No. 91-64 (D)
DH164220.MRM
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RECEIVED if: /5 PIfI
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CI1Y CLERK , -
Allison Hardy, City Clerk
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, FL 33444
Rei Appeal of SPRAB Basic site Plan
Approval,
The Groves of Delray
Dear Madam Clerkl
Please be advised that the undersigned is the owner of real property
located at Q553 eesslE. 5.+. 'Da.eAy B€1I.c...l. . The subject property is
directly impacted by the proposed development of The Groves of Delray and
I am therefore an aggrieved party.
An appeal is hereby requested to the City Commiss~on of the City of Delray
Beach with respect to the approval of the Basic siee Plan for The Groves by
the sit Plan Review and Appearance Board pursuant to their action taken at
the February 19, 1992 meeting. The grounds for the subj ect appeal are as
follows I
1. The approval of the Basic Site Plan would lead to a development
which is incompatible with its surrounding community. .
2, The approval of the subject site Plan.... would lead to the
development of a large scale adult community in -contravention of the
Comprehensive Land Use Plan of the city of Delray Beach.
3 . The development of the subj ect proj ect would result in economic
destabilization of the Woods of Southridge.
Sincerely,
~~
Name
~553 8~J&-
Address
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TO, MAYOR AND CITY COMMISSIONERS ~ &; f)fi. ~
FROM, CITY MANAGER/Y/ !if J/JI/q;;r
SUBJECT: AGENDA ITEM # Cf Ii - MEETING OF FEBRUARY 25. 1992
REPORT OF APPEALABLE LAND USE ITEMS
DATE: February 21, 1992
This item is before you for acceptance of the report of decisions
made by the various development related boards during the period
February 10, 1992 through February 21, 1992. The following actions
were considered during this reporting period:
Planning and Zoning Board did not consider any reportable items
during this period.
Site Plan Review and Appearance Board:
-Tabled the architectural elevations at Advanced Estimating
Systems, Inc.
-Approved the architectural elevations associated with a
press box addition at Pompey Park.
-Approved a basic site plan, architectural elevations and
landscape plans for the Groves of De1ray (3-1 vote).
- Approved a 10 foot reduction in the right-of-way for S.W.
10th Avenue and S.W. 11th Street.
-Approved the elimination of sidewalks along one side of
S.W. 10th Avenue, S.W. 11th Street and Strickland Road.
-Denied the request to eliminate sidewalks along both sides
of the street for Strickland Road, extended.
Historic Preservation Board:
-Granted a 'Certificate of Appropriateness and approved the
site and landscape plans in conjunction with the
construction of a parking lot for the Sundy House/
Apartments development.
-Granted a Certificate of Appropriateness and approved a
minor site plan modification in conjunction with the
construction of a dock at Brandy's Waterside Cafe.
-Tabled a request for a Certificate of Appropriateness for
architectural changes to a perimeter fence for Renaissance
Dental Studio.
--
,
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: c:JID T. HARDEN, CITY MANAGER
~ .\I- ~C0e4
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
(-, ,,(&
'U;) 17"".,.., {e> T\
FROM: !iASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF FEBRUARY 25, 1992
REPORT OF APPEALABLE LAND USE ITEMS
FEBRUARY 10, 1992 THRU FEBRUARY 21, 1992
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 February 10, 1992, through
February 21, 1992.
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 .
Report of Appealable Land Use Items
February 10, 1992 thru February 21, 1992
Page 2
PLANNING AND ZONING BOARD . (No Regular Meeting was held during
.
this period).
SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF
FEBRUARY 19, 1992:
A. Tabled the architectural elevations (exterior color change)
at Advanced Estimating Systems, Inc. located on the east
side of SE 5th Avenue, south of Atlantic Avenue. This item
was continued so that the applicant may investigate the use
of pastel colors (Vote 5 to 0).
B Approved the architectural elevations associated with a
press box addition at Pompey Park, located at the northwest
corner of NW 2nd Street and NW 10th Avenue (Vote 5 to 0).
C, Approved a basic site plan, architectural elevations and
landscape plans for the Groves of Delray, a 158 apartment
complex located east of SW 10th Avenue extended, between
Linton Boulevard and SW 11th Street (Vote 3 to 1, with
DeOto dissenting),
In addition, the Board took action on requests for several
waivers, namely,
* Approved a reduction in the right-of-way width from 60'
to 50' for SW lOth Avenue and SW lIth Street, and a
reduction from 60' to 45' for Strickland Road and
Strickland Road extended.
* Approved the elimination of sidewalks along one side of
SW 10th Avenue, SW 11th street and Strickland Road.
* Denied the request to eliminate sidewalks along both
sides of the street for Strickland Road extended.
* Also, the Board offered no disposition on the request to
waive the requirement to provide 1/2 the cost of
construction for SW lath Avenue, north of the project
entrance to SW 11th Street and 1/2 the cost of
construction of SW 11th Street. This request for waiver
will be scheduled as a separate agenda item before, the
City Commission.
No other appealable items. However, other agenda items which
required Board action include:
* Denied the request for a free standing business sign for
Regency Plaza II, located at 142 SE 6th Avenue.
* Tabled the request for a wall sign for Top Dog Custom
Classic Auto Repair, located at 160l SW lath Street.
,
.
~City Commission Documentation
Report of Appealable Land Use Items
February 10, 1992 thru February 21, 1992
Page 3
* Approved a wall sign for Saving of America, located at 1500
S. Federal Highway.
* Denied the request for an additional free standing sign for
Avalanche Bar' Grill, located at 1942 S, Federal Highway,
* 'Tabled the request for a flat wall sign for Advanced
Estimating Systems, Inc. located at 47 SE 5th Avenue.
HISTORIC PRESERVATION BOARD (HPB) MEETING OF FEBRUARY 19, 1992
l. Granted a Certificate of Appropriateness and approved the
site plan and landscape plan in conjunction with the
construction of a parking lot for the Sundy Housel
Apartments Development, located south of SW lst Street,
between Swinton avenue and SW 1st Avenue (Vote 5 to 0).
2. Granted a Certificate of Appropriateness and approved a
minor site plan modification in conjunction with the
construction of a dock at Brandy's Waterside Cafe, located
on the south side of Atlantic Avenue, east of Palm Square
(Vote 5 to 0).
3. Tabled the request Certificate of Appropriateness for
architectural changes to a perimeter fence for Renaissance
Dental Studio, located at the northeast corner of NE 2nd
Avenue and NE 5th Street. The Board continued this item so
that the applicant may investigate other perimeter fence
treatment more in keeping with the "art deco motif" (Vote
5 to 0).
No other appealable items were considered by the Board. However,
other agenda items which required Board action include:
* Granted variance request to allow a reduction in the
required stacking distance from 20' to 15' for the proposed
Sundy Parking Lot *3,
* Clarified conditions of approval associated with the
granting of a variance for the north parking lot at the
Sundy Housel Apartments Development,
* Granted a Certificate of Appropriateness . (with
modifications) to allow changes to an existing business
sign at Migdal Family Chiropractic Center located at 300 NE
8th Street.
* Granted a Certificate of Appropriateness to allow an
addition to a contributing single family residence, located
at 325 SE 7th Avenue.
"
.
City Commission Documentation -
Report of Appealable Land Use Items
February 10, 1992 thru February 21, 1992
Page 4
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Map
JA/#64/CCDOCF.TXT
, .
LOCATION MAP fOR
CITY COMMISSION MEETING
OF FEBRUARY 25, 1992
l-3C) CANAL
LAKE lOA ROAD
I
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SW 2 ST
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a a
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LOnON ICnlLEVARO
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UNTON IOULEVARD I
L-3I c.uw.
H.P .B. ITEMS:
1. - SUNDY HOUSE
2. - BRANDY'S WATERSIDE CAfE
N 3. - RENAISSANCE DENTAL STUDIO
- S.P .R.A.B. ITEMS:
CITY OF' DELRAY BEACH, F'LORIDA A. - ADVANCED ESTIWATING SYSTEMS
PLANNING DEPARTMENT B. - POWPEY PARK
C. - THE GROVES Of DELRAY
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER LrJ;Ji
SUBJECT: AGENDA ITEM :II: 9B - MEETING OF FEBRUARY 25. 1992
REOUEST FOR DIRECTION/SWAIM ROAD AGREEMENT
DATE: February 21, 1992
This item is before you to provide direction with regard to a request
from Mr. Swaim that the City enter into an agreement which provides
that the City will reimburse him, up to $500,000, in order to provide
for the improvement of Palm Trail, north of George Bush Boulevard and
George Bush Boulevard, east of U.S. 1 to the Intracoastal Waterway.
Pursuant to the agreement, Mr. Swaim would pay for the cost to
prepare the plans and specifications and to construct the road
improvements to George Bush Boulevard ;:tnc Palm Trail. Those plans
would be consistent with the schematic roadway design provided in
Exhibit C of the agreement. The City would then reimburse Mr. Swaim,
up to $500,000 upon the completion of the road improvements.
Separately, Mr. Swaim, as part of the agreement will install 200 Oak
trees and 200 Royal Palm trees and the attendant irrigation in the
rights-of-way of George Bush Boulevard and Palm Trail.
The City, as part of the improvements, will need to insure that
there is a 58 foot wide road right-of-way on George Bush Boulevard
and a 50 foot wide right-of-way on Palm Trail. The City would also
be responsible for the relocation of utility lines and other
facilities, and maintenance of the landscaped medians.
At this point, however, there is no provision in the 5-Year Capital
Improvement Schedule to provide for the funding to reimburse Mr.
Swaim for his construction costs. It would be necessary, pursuant to
163.3187, to amend the Comprehensive Plan to reflect the City's
obligation to reimburse Mr. Swaim.
The Commission is asked to make a determination whether or not to
amend the 5-Year Schedule of Capital Improvements.
.,
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[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
FACSI~!ILE 407/278-4755 Wr~t_r'_ D~r_ct L~n_
(407) 243-7090
MEMORANDUM
Date: February 19, 1992
To: City Commission ~
From: David N. Tolces, Assistant City Attorne
Subject: Proposed Road Agreement with Bill Swaim/The Anchorage
Project; Our File No. 03-91.006
At this time, Mr. William Swaim, who is the developer at the
Anchorage Project, is requesting that the City enter into a
"Road Agreement" with him in order to provide for the improve-
ment of Palm Trail north of George Bush Boulevard and George
Bush Boulevard east of US 1 to the intracoastal. Pursuant to
the agreement, Mr. Swaim would pay for the cost to prepare the
plans and specifications for the road improvements to George
Bush Boulevard and Palm Trail. Those plans would be consistent
with the schematic roadway design shown in Exhibit C of the
agreement. As part of the improvements, it would be necessary
for the City to insure that there is a 58 foot wide road
right-of-way on George Bush Boulevard and a 50 foot wide road
right-of-way on Palm Trail. The City would also be responsible
for the relocation of utility lines in other facilities in
order to facilitate the construction of the road improvements.
Mr. Swaim would pay the cost of constructing the road improve-
ments according to the design in Exhibit C. Upon completion of
all the road improvements, the City would then reimburse Mr.
Swaim up to $500,000. If the road improvements cost less than
$500,000, the City would only be liable for that cost. At this
point, however, there is no provision in the 5-year capital
improvement schedule to provide for the funding to reimburse
Mr. Swaim for his construction costs. It would be necessary,
pursuant to 163.3187, to amend the Comprehensive Plan to
reflect the City's obligation to reimburse Mr. Swaim for the
cost of the road improvements. The question before you at this
time is whether you would like staff to proceed with the
amendment to the 5-year capital improvement plan to provide for
up to $500,000 worth of reimbursable costs to be paid to Mr.
Swaim once the road improvements are completed.
.,
.
City Commission
February 19, 1992
Page 2
As part of the agreement, Mr. Swaim would receive three bids
for construction of the road improvements, and would select the
lowest qualified bidder to construct the road improvements. As
part of the road improvements, 200 Oak trees and 200 Royal Palm
trees will be placed in the rights-of-way of George Bush
Boulevard and Palm Trail. Mr. Swaim will provide and install
irrigation for the Oak trees and the Palm trees in those
rights-of-ways. The City, once the irrigation is installed,
would be responsible for the maintenance of the irrigation
system. As with our prior agreements with Mr. Swaim, he agrees
to indemnify and hold the City harmless as the result of any
claims brought during the construction of the road improve-
ments. Any contractor working on the project will be required
to have insurance consistent with City construction contracts.
At this point, we are requesting City Commission direction
regarding this agreement and the proposed amendment to the
5-year capital improvement schedule. No further action at this
time is requested.
If you have any questions, please call my office.
DNT: sh
Attachments
cc: David Harden, City Manager
David Kovacs, Director of Planning and Zoning
roadagt.dnt
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ROAD CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT ( "Agreement" ) is made and
entered into this - day of , 1992, by and
between the CITY OF DELRAY BEACH, a Florida municipal
corporation ("ci ty") and WILLIAM SWAIM & ASSOCIATES,
INCORPORATED, a Florida corporation ("Swaim").
WIT N E SSE T H:
WHEREAS, Swaim is contract vendee of certain real property
which is located in the City of Delray Beach, Florida and which
is more particularly described on Exhibit "A" ( "Swaim
Property"); and
WHEREAS, Swaim plans to develop the Property substantially
in accordance with the conceptual plan attached hereto as
Exhibit "B" ("Development Plan"); and
WHEREAS, the parties desire to ensure the timely
construction of George Bush Boulevard and Palm Trail ( "Road
Improvements" ) located in the City of Delray Beach; and
WHEREAS, the parties desire to enter into this Agreement to
legally bind each other to the terms hereof.
NOW, THEREFORE, and in consideration of the sum of TEN
DOLLARS ($10.00) and other good and valuable consideration, the
. receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows: ~_---',<_~ _-OLi.......~~
1. Recitals. The foregoing recitals are true and. correct
and are hereby incorporated herein by reference. All exhibits
to this Agreement are hereby deemed a part hereof.
2. Preparation and Approval of Plans and Specifications.
(a) The parties shall cooperate in the preparation of
the plans and specifications ( "Plans and Specifications") for
construction of the Road Improvements. The engineering fees
and costs to prepare the Plans and Specifications shall, after
approval by Swaim, be paid by Swaim. The Plans and
Specifications shall be substantially consistent with the
schematic roadway design shown in Exhibit "C". Swaim shall
also prepare a road right-of-way survey for George Bush
Boulevard between Federal Highway and the Intracoastal Waterway.
(b) Wi.:thin twenty (20) days of the submittal of the
Plans and Specifications, the ci ty shall approve the Plans and
Specifications and issue all applicable City permits for the
1
F/400DM/3
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construction of the Road Improvements. The City hereby agrees
to waive any and all appl.ication, approval, permit and
inspection fees for construction of the Road Improvements.
(c) The City shall obtain approval of all permits for
construction of the Road Improvements required by agencies
other than the city. swaim shall reimburse the City for any
permit application fees paid by the city.
3. Right-of-wav Acquisition. Parkinq and utility
Relocation.
(a) As shown in Exhibit "C", a fifty-eight foot (58' )
wide road right-of-way will be necessary for the Road
Improvements to George Bush Boulevard. As shown in Exhibit
"C", a fifty foot (50' ) wide road right-of-way will be
necessary for the Road Improvements to Palm Trail. The City
shall be responsible for acquiring any additional right-of-way
up to a fifty-eight foot (58 I ) wide right-of-way for George
Bush Boulevard and up to a fifty foot (50' ) wide right-of-way
corridor for Palm Trail at no cost to swaim. The City shall
commence negotiations and/or eminent domain proceedings to
acquire said right-of-way within ninety (90) days of City
approval of the Plans and Specifications.
(b) If relocation or removal of any existing parking
spaces from the right-of-way of George Bush Boulevard or Palm
Trail is necessary to accommodate construction of the Road
Improvements, the City shall be responsible for relocation or
removal af---. such parking spaces. The City hereby indemnifies
and holds Swaim harmless for any claims arising from any such
relocation or removal of parking spaces. Exhibit "D" attached
hereto is are copies of releases executed by property. owners
adjacent to George Bush Boulevard agreeing to the relocation
and/or removal of parking spaces from the George Bush Boulevard
right-of-way.
(c) If any relocation of utility lines or facilities
is necessary to facilitate construction of the Road
Improvements, the City shall cause said utilities to be
relocated pursuant to the City's existing utility franchise
agreements at no cost to Swaim.
4. Construction of Road Improvements.
(a) Swaim shall pay the cost of constructing the Road
Improvements as depicted in the approved Plans and
Specifications consistent with the schematic roadway design
shown in Exhibi-e' "C". Upon completion of construction of the
Road Improvements, Swaim shall notify the City in writing of
the total cost of constructing the Road Improvements. The City
shall reimburse Swaim the lesser of (1) $500,000 or (2) the
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F/40DDM/3
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total cost of constructing the Road Improvements plus interest
at a rate of percent per year simple interest. The city
shall pay Swaim the amount provided above within four (4) years
of completion of construction of the Road Improvements. The
cost of constructing the Road Improvements shall include all
costs associated with legal fees, design fees, permit fees,
insurance premiums, uti~ity construction and relocation, site
preparation, drainage, paving, street lights (only on Palm
Trail), pavement markings, signage and landscaping other than
the landscape improvements described in paragraph 4(b) of this
Agreement.
-------.-
(b) Swaim shall obtain at re.a"st three (3) bids for
construction of the Road Improvements, or any portion thereof,
and Swaim shall select, after negotiation, if any, the lowest
qualified bidder(s) to construct the Road Improvements.
(c) Swaim hereby agrees to provide and install two
hundred (200) Oak trees and two hundred (200) Royal Palm trees,
in sizes which . comply with City Land Development Code
requirements, in the rights-of-way of George Bush Boulevard and
Palm Trail. Swaim also agrees to provide and install
irrigation for said Oak trees and Palm trees in the
rights-of-way of George Bush Boulevard and Palm Trail. Said
trees and irrigation shall be provided and installed at no cost
to the city.
(d) Swaim shall have no obligation to perform under
this Agreement until Swaim takes title to the Swaim Property,
and until--approval by all applicable governmental agencies of
the final plat for the Swaim Property.
6. Permits and Approvals. The parties acknowledge that
in order to develop the Swaim Property, swaim will require
governmental approvals and permits. Accordingly, the City
hereby agrees to cooperate with Swaim in processing any and all
applications and plans necessary for the approvals and permits
for the Road Improvements. The parties acknowledge that
Exhibit "B" is a conceptual Development Plan and may be
modified or amended by Swaim as necessary to accommodate
Swaim's plans to develop the Swaim Property.
7. Indemnification. Swaim hereby agrees to defend,
indemnify and save harmless the City, its officers, agents and
employees, from or on account of any claims, losses, injuries
or damages, received or sustained by any person or persons
during or on account of any operations with the construction of
the Road Improvements; or by or in consequence of any
negligence (exc:buding the sole negligence of the City) , in
connection with the same; or by or on account of any use of any
improper materials or by or on account of any act or omission
of any contractor or contractors hired by Swaim to construct
3
F/40DDM/3
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the Road Improvements ("Contractor") or said Contractor's
subcontractors, agents, servants or employees. Swaim shall
defend, indemnify and save harmless the city, its officers,
agents and employees, against any liability arising from or
based upon the violation of any Federal, state, County or City
laws, by-laws, ordinances or regulations by the Contractor, his
subcontractors, agents, servants or employees. Swaim shall
further defend, indemnify and save harmless the City from all
such claims and fees and from any and all suits and actions of
every name and description that may be brought against the City
on account of any claims, fees, royal ties, or costs for any
invention or patent, and from any and all suits and actions
that may be brought against the city for the"' ihfringement of
any and all patents or patent rights claimed by any person,
firm, or corporation. Swaim shall defend at its own expense or
shall provide for such defense, at the City's option, against
any and all claims or liability and all suits and actions of
every name and description that may be brought against the City
which may result from the operations and activities under this
Agreement whether the construction operations be performed by
the Contractor, his subcontractor or by anyone directly or
indirectly employed by either. This indemnification shall
include all costs and fees including attorneys' fees and costs
at trial and appellate levels.
8. Contractor's Insurance.
(a) General. Swaim agrees that the construction
contracts for work on the Road Improvements shall include
insurance-4f the types and to the limits specified in this
paragraph 7 of this Agreement. ,---
(b) Notice of Cancellation and/or Restrictions. The
required policy(ies) shall be endorsed to provide the city with
thirty (30) days' written notice of cancellation and/or
restriction.
(c) Coverage. Except as otherwise stated herein, the
amounts and types of insurance shall conform to the following
minimum requirements:
(1) All subcontractors shall maintain Workers'
Compensation insurance during the period said subcontractors
are working-on the Road Improvements. Coverage shall apply for
all employees up to statutory limits in compliance with
applicable state and Federal laws. The Contractor shall
defend, indemnify and save the City harmless from any damages
resul ting to the ci ty for failure of the Contractor or any
subcontractor to-obtain or maintain such insurance.
4
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(2) Employers' Liability coverage with statutory
limits of $100,000 per accident and $500,000 aggregate.
(3) Comprehensive General Liability or
Commercial General Liability coverage must be afforded on a
form no more restrictive than the latest edition of the
Comprehensive General Liability Policy or Commercial General
Liability Policy filed by the Insurance Services Office, and
must include:
(A) Minimum Limits of total coverage of
$500,000 per occ~~~ence combined single limit for Bodily Injury
Liability and Property Damage Liability.
(B) Premises and/or Operations.
(C) Independent Contractor.
(D) Products and/or Completed Operations.
(E) Broad Form Property Damage including
Completing Operations.
(F) Broad Form Contractual Coverage
applicable to this specified Agreement, including any hold
harmless and/or indemnification agreement.
(G) Personal Injury coverage with employees
and contractual exclusions removed.
----
(H) . ~dditional Insured. The city is to be
specifically included as an addi tional insured on the
Comprehensive General Liability or Commercial General L~ability
pOlicies provided for herein.
(I) The contractor shall require each
subcontractor to procure and maintain, during the life of the
subcontract, insurance of the type and in the same amounts
specified herein, or Swaim shall cause the contractor to insure
the activities of subcontractors in the contractor's own
insurance policy.
(3) Business Auto Policy. Coverage must be
afforded on,a form no more restrictive then the latest edition
of the Business Auto Policy filed by the Insurance Service
Office and must include:
(A) Minimum limit of $300,000 per
occurrence combined single limit for Bodily Injury Liability
and Property Damage Liability.
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(B) Owned Vehicles.
(C) Hired and Non-Owned Vehicles.
(4) Best's Ratinq. A current rating of no less
than B+ 12 by Best's Rating Service is required for any
carriers providing coverage required under the terms of this
Agreement. No work under the Agreement shall commence until
all insurance required under this Agreement has been procured
and the City has been supplied with certificates of insurance
and such certificates have been approved by the city. Swaim
shall cause the contractor to be responsible for, obtain and
file insurance certificates on behalf of its subcontractors.
9. Reliance and Remedies. The parties agree that the
arrangement set forth in this Agreement is unique and a breach
of this Agreement may not be susceptible to monetary damages,
and therefore, it is specifically hereby agreed that this
Agreement may, in addition to any other remedies available at
law or in equity, be specifically enforced in a court of
competent jurisdiction.
10. Miscellaneous.
I (a) Due Diligence. The parties covenant that each
party shall immediately commence all actions necessary to
fulfill its obligations hereunder and shall diligently pursue
the same throughout the existence of this Agreement.
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. -fb} Entire Agreement. This Agreement sets forth all
. ".'., 0"- '._":"':"'''-~... ;', of the promises, covenants, agreements, conditions and
understandings between the parties hereto, and supercedes all
prior and contemporaneous agreements, understandings,
inducements or conditions, express or implied, oral or written,
except as herein contained.
I
j (c) Pronouns; Headings. All pronouns and any
variations thereof shall be deemed to refer to the masculine,
feminine and neuter, singular or plural, and to the identity of
the party or parties, personal representatives, successors or
assigns may require. The section headings contained in this
Agreement are inserted for convenience and shall not affect in
any way the meaning or interpretation of this Agreement.
(d) Severability. The invalidity of any provision
hereof shall in no way affect or invalidate the remainder of
this Agreement.
(e) Counterparts. This Agreement may be executed in
one or more counterparts, each of which shall be deemed an
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original, but all of which shall together constitute one in the
same instrument.
(f) Governing Law. This Agreement shall be construed
in accordance with the laws of the state of Florida, and any
proceeding arising between the parties in any manner pertaining
this Agreement shall, to the extent permitted by law, be held
in Palm Beach County, Florida.
(g) Attorney's Fees. Should either party hereto
bring an action against the other party hereto to enforce the
terms and provisions hereof, the party prevailing in such
action shall be entitled to a judgment against the other party
for said party's reasonable attorney's fees and costs.
(h) Amendments. This Agreement may not be modified
or terminated orally, but only in writing signed by the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
CITY OF DELRAY BEACH, a Florida
municipal corporation
By:
Mayor
~ By:
City Manager
ATTEST:
City Clerk
Approved as to Form:
City Attorney
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STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer
oaths and take acknowledgements, personally appeared
as and
as of the City of Delray Beach, Florida, a
municipal corporation of Florida, and acknowledged they
executed the foregoing Agreement as the proper officials of the
ci ty of Delray Beach, and the same is the act and deed of the
City of Delray Beach.
IN WITNESS OF THE FOREGOING, I have set my hand and
official seal at Delray Beach, in the state and county
aforesaid on , 1992.
i
(SEAL)
Notary Public
My Commission Expires:
WILLIAM SWAIM & ASSOCIATES,
INCORPORATED
By:
WILLIAM SWAIM, President
---
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH }
I HEREBY CERTIFY that on this day before me, a Notary Public
duly authorized in the State and County named above to take
acknowledgments, personally appeared, WILLIAM SWAIM, to me known
and known to me to be the person described as the President of
WILLIAM SWAIM & ASSOCIATES, INCORPORATED, who signed the
foregoing instrument as such person, and acknowledged the
execution thereof to be his free act and deed as such person
for the uses and purposes therein mentioned, and he affixed
thereto the official seal of said corporation, and that the
said instrument is the act and deed of said corporation.
WITNESS my hand and official seal in the State and County
last aforesaid this day of , 1992.
--
(SEAL)
Notary Public
My Commission Expires:
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LIST OF EXHIBITS
Exhibit A - Legal Description of Swaim Property
Exhibit B - Development Plan for the Swaim Property
Exhibit C - Schematic Roadway Design for George Bush
Boulevard and Palm Trail
Exhibit D - Parking Space Relocation and/or Removal Releases
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l; _ IT\ ^ ,-
J ~ ~ ~J
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~ PLANNING AND ZONING DEPARTMENT MEMORANDUM .
[I
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TO: IO T. HARDEN, CITY MANAGER
I ~j ~0~
! D J. KOVACS, DIRECTOR
I DEPARTMENT OF PLANNING AND ZONING
i
~ DATE: February 3, 1992
I SUBJECT: ROAD CONSTRUCTION AGREEMENT FOR THE ANCHORAGE
I
Per your memorandum of mid-December, here are my comments on the
proposal for a Road Construction Agreement by William Swaim for
"The Anchorage".
As a point of departure, during Planning and Zoning Board review
of the sketch plan the .City-(Attorney..L Planning and Zoning
Board, DJK) was -clear that participation in ,the road
improvements would first require the adoption of an amendment to
the Comprehensive Plan. Mr. -Swaim responded that the road
improvements "were not essential" to the project and if
Compre~sive Plan compliance- were a problerii~-they would not be
a part oCthe project. " .:...." _.__; .
* 3rd WHEREAS: we have no stated policy which supports this
"whereas" clause, neither need nor direction exist in the
Comprehensive Plan.
* 4th WHEREAS: "legally bind" is not an expressed desire of
any existing policy. In fact, since this proposed
construction participation is not a part of the
Comprehensive Plan, it probably cannot be legally binding.
* 2(a): "Exhibit 'c'" ... we have seen, at least, two
different schematic roadway designs. It is important to
know'~ ~hich one he is" pursuing. Also, such an exhibi t
should be certified by the City Engineer as being
acceptable. :\
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* 2 (b) : provides that the "City shall approve"... "and
issue". rt does not provide for modifications, rejections,
denial, etc.
* 3(a): I do not know of any cost estimates for right-Of-way
acquis i tion .... a blank check? lID rn @ rn 0 ~ [g [JIl
Ih\IFEB 4 Iggz IIUJ
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l . --- - --..-----.- -' - . --,.. -- ,~-,,----~~ .'
.' To: David T. Harden, City Manager
I, Re: Road Construction Agreement fro the Anchorage
Page 2 .
! * 3(b): I have not seen Exhibit "D" (releases). My
understanding from folks who signed his "petition-;"was that
they were supportive of the program but that they were not
giving up any of their rights. Also, we should not be
accepting responsibility for relocation of parking spaces.
! Mr. Swaim has stated that he is going to relocate the 7-11
! business. If this is true, it should be a part of this
agreement.
* 3(b): timing re relocation of utilities may be a problem
if, indeed, there is an accelerated time schedule ...
wi tness our experience at S. W. 4th Avenue and S. W. lOth
i Street. Also, this is an unknown cost. Collaboration with
~ FPL prior to commitment is appropriate.
:: * 4: the reimbursement obligation is not supported by the
Comprehens,ive Plan since the project is not on the five
year schedule. The special street lighting on Palm Trail
should be an obligation of the developer, including the
maintenance.
* 5 (b) : there - should be a minimum size established for the
street trees. -
* 6: "to cooperate" ... a poor phrase for a legally binding
I agreement especially _ given the numerous changes and
pr~ems which this project has experienced.
* Cost estimates: if we are truly going to be serious about
such an agreement, we should be satisfied with: the cost
estimates.
In summary, I don't believe that we should entertain tb~off-site
road participation program since Mr. Swaim has declared that it
is not essential to his project. If, indeed, he obtains the
property and processes a subdivision plat through "final", then
it would be more appropriate to address his request.
DJK/dlm
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David Tolces, City Attorney's Office
John Walker, Advanced Planning
Project File - "The Anchorage"
DJK/ROADSWAM
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER _tJ:;/
SUBJECT: AGENDA ITEM :II: qc. - MEETING OF FEBRUARY 25. 1992
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 92-1
DATE: February 21, 1992
This item was briefly discussed at the February 18, 1992 workshop
meeting and is now being brought before you for formal action to
initiate Amendment 92-1 to the City's Comprehensive Plan.
Generally, the first amendment of each year focuses upon updating the
work program in the Comprehensive Plan; making adjustments to the
Capital Improvement Program; status of various objectives and
policies; corrections; and general housekeeping. The proposed
amendment is processed so that final action will occur concurrent
with final consideration of the annual operating budget in
September. The proposed processing schedule is as follows:
-March 16, 1992 - Planning and Zoning Board public hearing.
-March 24, 1992 - City Commission transmittal hearing.
-June 15, 1992 - Receipt of O.R.C. Report from DCA.
-August ?, 1992 - City Commission adoption hearings.
Items of potential significance in proposed Amendment 92-1 include:
-Disposition of Future Land Use Map designation for a portion of
Harbor Centre.
-Changes to policies and to property affected by the proposed
"The Anchorage" development project.
-A policy requiring further public debate and immediate changes
to the 5~Year Schedule for Capital Improvements if the estimated
cost varies from the 5-Year Schedule by 50% or more.
I strongly recommend that this last item be deleted from Amendment
92-l. In my opinion it could needlessly delay and complicate the
process of planning, programming and constructing capital projects.
If it is adopted I forsee the engineering and administrative staff
manipulating project estimates to avoid triggering such delays. The
City Commission, as the elected governing body of the City, should
retain full authority for dealing with variances in project cost
without being encumbered by a lengthy, cumbersome process.
The Planning and Zoning Board at their February 10th meeting reviewed
Amendment 92-1 and approved forwarding it to the Commission.
Recommend initiation of Amendment 92-1 to the Comprehensive Plan,
with the deletion of item VIII.3 on page 44.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: VID T. HARDEN, CITY MANAGER
FROM: D~ics~I~~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 25, 1992
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 92-1
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiating Amendment 92-1 to the City's adopted
Comprehensive Plan,
Pursuant to LDR Section 9.2.1, "a Plan Amendment shall only
be initiated by formal action of the City Commission".
Thus, this item is before the Commission for formal action.
BACKGROUND:
The City is allowed to enact two amendments to its Comprehensive
Plan each year. In Delray Beach, the first amendment of each
year focuses upon updating the work program in our Plan; making
adjustments to the Capital Improvement Program; status of
various objectives and policies; corrections; and general
housekeeping. The proposed amendment is processed so that final
action will occur concurrent with final consideration of the
annual operating budget in September.
The Planning and Zoning Board has been working on the proposed
amendment. Attached is a document which identifies the subject
matter of proposed changes. It also ,includes as listing of
potential Future Land Use Map changes.
For various reasons, this amendment is more housekeeping than it
is substance. We anticipate bringing forward Amendment 92-2 in
a few months (transmittal in late May or early June) . That
proposed amendment is to have more substantive items.
Items of potential significance in proposed Amendment 92-1
include:
* Disposition of the Future Land Use Map designation for a
portion of Harbor Centre (south of Linton) . This item
engendered some controversy in Amendment 91-1.
. ,
.
. City Commission Documentation
Meeting of February 25, 1992
Page 2
* Changes to policies and to property affected by the
proposed "The Anchorage" development project. The changes
extend beyond the boundaries of "The Anchorage".
* New and revised policies dealing with bicycle planning
(Traffic Element policies),
* A policy requiring further public debate and immediate
changes to the 5-Year Schedule for Capital Improvement
projects which are substantially above or below estimated
costs as reflected in the 5-Year Schedule of Improvements.
The anticipated processing schedule is:
* March 16th: Planning and Zoning Board public hearing
* March 24th: City Commission transmittal (to DCA) hearing
* June 15th: Receipt of O.R.C. Report from DCA
* August: City Commission adoption hearings
coordinated with consideration of the Budget
for FY 92/93.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of February 10th and forwarded the attached as the
document which describes those items to be considered in Plan
Amendment 92-1- As noted on the table of Future Land Use Map
changes, the Lakeview Golf Course item is not included.
Note: Items may be deleted as more information becomes
available; however, except of extraordinary circumstances no
items will be added.
RECOMMENDED ACTION:
By motion, initiation of Plan Amendment 92-1 pursuant to the
recommendation of the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of February 10, 1992
T;CCBEGIN.DOC
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CITY OF DELRAY BEACH
PROPOSED
COMPREHENSIVE PLAN AMENDMENT 92-1
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February 6, 1992
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INDEX
AMENDMENTS TO THE TEXT OF THE COMPREHENSIVE PLAN
I. Part II. Summary of Major Features
of the Comprehensive Plan ................. 3
II. Conservation Element ..................... . 3
III. Public Facilities Element .,....,.......... 6
IV. Traffic Element ........................... 7
V. Open Space and Recreation Element ..,.,.... 7
VI. Housing Element ........................... 7
VII. Coastal Management Element ...,..........., 7
VIII. Future Land Use Element ,.....".....,..,.. 8
IX. Capital Improvements Element ,...,.,.,..... 9
X., Intergovernmental Coordination Element .... 9
XI. Part IV. Requirements for Capital
Improvements Implementation .,............. 10
XII. Part V. Procedures for Monitoring and
Evaluation of the Plan ....,............... 10
AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE PLAN
I. Conservation Element .... ....... ........... 11
II. Public Facilities Element ................. 14
III. Traffic Element ........................... 17
IV. Open Space and Recreation Element ..,...... 21
v. Housing Element ................. e.. . . . . . . . . 22
VI. Coastal Management Element ................ 23
VII. Future Land Use Element ..",.,..,........, 27
VIII. Capital Improvements Element .........,.... 28
IX. Intergovernmental Coordination Element .... 29
AMENDMENTS TO THE FUTURE LAND USE MAP
I. Future Land Use Map Amendments ............. 29
II. City Boundary Adjustments Pursuant
to Annexations ........ ............ ......... 29
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AMENDMENTS TO THE TEXT
I. PART II. SUMMARY OF MAJOR FEATURES OF THE
COMPREHENSIVE PLAN
1. Location: P. II-3, first paragraph
Change: AMENDMENT
The total (gross) area within the Planning Area
is 16,2 sq.mi.. The City's incorporated area as
of January 1, 1990 is 13.7 sq.mi.. Land under
County jurisdiction, January 1, 1990 is 2.5
sq.mi.. The Land Use Area (gross area less I-95,
the Intracoastal Waterway, and allowances for the
right-of-way of major arterials) is 15 square miles.
Comment: Verify City acreage, re: annexations
2, Location: P. 11-6 thru 10
Change: AMENDMENT
Comment: Verify capital improvement/project costs amounts
against those at III-B-11, III-B-13, III-B-14, III-H-2,
III-H-3, IV-2, IV-2, IV-5 thru 10 and IV-12 thru 16.
Internal consistency issue.
3. Location: P. 11-13, Table 5-3 General Fund Forecast
Change: AMENDMENT REPLACEMENT
Table S-3 GENERAL FUND FORECAST
Comment: Replace existing table with revised table
II, CONSERVATION ELEMENT
1. Location: P. III-A-2, Surface Waters, third dot
Change: AMENDMENT
_ S0~tK Fl0tlda Watet Ma~a~e~e~t ta~alLake
Worth Drainage District~ t/J ~E-3 & C-15
Comment: The C-3 Canal reference is incorrect, it should
be to the E-3 which belongs to the Lake Worth Drainage
District not the SFWMD.
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2. Location: p, III-A-2, Surface Waters, fourth dot
Change: AMENDMENT
Several Lake Worth Drainage District
- laterals and equalizers
Comment: The E-3 is an equalizer canal which belongs to
the Lake Worth Drainage District.
3. Location: p, III-A-3, fourth paragraph under the third
diamond
Change: AMENDMENT
There is a site along the west side of the
Intracoastal Waterway, north of the EI~Kt Eiqhth
Street Bridge which Ka~ ~eeri was donated to the
County through a preservation programL ownership
of which was transferred to the City of Delray
Beach in 1990.
Comment: Palm Beach County donated this parcel to the City
of Delray Beach in 1990,
4. Location: p, III-A-5, Surface Waters, third paragraph
Change: AMENDMENT
There is no commercial usage of the South Florida
Water Management Canals (E-3 & C-15) nor of the
several Lake Worth Drainage District laterals and
equalizer canals, The only recreational use of
the canals is for small craft which travel the
C-15 and a few of the laterals.
Comment: Reference to the C-3 Canal is incorrect, this is
the E-3 Canal which is a Lake Worth Drainage District
Equalizer Canal. Reference to the equalizer canals is
added.
5. Location: P. III-A-5, Surface Waters, sixth paragraph
Change: AMENDMENT
Of the vegetative communities, Atlantic Dunes
Park (4 acres of Beach Strand Community) has been
established as a nature area with a dune walkover
system and an interpretative nature trail. There
are no commercial or recreational uses on the
other identified sites, however, the City is to
establish an interpretive nature trail on the
twelve acre Tt0plt 'all6~ Stt){kS Site Leon Weekes
Environmental Preserve,
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Comment: Replace the reference to the Tropic Palms Scrub
Site with the correct name, Leon Weekes Environmental
Preserve.
6. Location: P. III-A-7, Soil Erosion diamond
Change: AMENDMENT
. Soil Erosion
The only type of soil erosion which is of concern
is that of beach erosion. Beach erosion is
mitigated through the City's Beach Renourishment
Program. A $ B IrtHi' '" IrtH'" ~t16~i16ri t16ritt161 pt168~tt
will )Se iriltlat~'" lri 1989 (~ee See the Coastal
Management Element for a full description of this
programl.
Comment: Delete the third sentence as this is an ongoing
project. Current effort is scheduled for the summer of
1992.
7. Location: P. III-A-7, third paragraph under the Vegetative
Communities diamond
Change: AMENDMENT
The Hurricane Pines (five acres of Florida Scrub)
site and the Delray Oaks (24 acres, Low Oak
Hammock) are in private ownership and are subject
to development. Portions of these sites can be
preserved through acquisition, extraction (public
site dedication provisions of the subdivision
regulations), or through sensitive development
under "planned development" concepts.
Comment: Protection method for privately held
environmental lands. Consideration of the County
Environmentally Sensitive Lands Acquisition Program as it
relates to the Delray Oaks site.
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8, Location: P. III-A-7, fifth paragraph under the Vegetative
Communities diamond
Change: AMENDMENT
The FIND parcels and the eihhltt City owned
preservation parcel can continue to be maintained
in their undeveloped and preservation state;
however, the City should take measures to insure
that this is the case.
Comment: This change reflects the change in ownership
identified in item 11 above,
9, Location: P. III-A-9, Section 4. Needs and Recommendations,
fourth diamond
Change: AMENDMENT
* Development of a program or methods for the
preservation of all or a part of the
following sites:
* Hurricane Pines, 5 acres, Florida
Scrub;
* Delray Oaks, 24 acres, Low Oak Hammock
* The FIND parcels
Comment: Consideration of the County Bond and Florida
Environmentally Sensitive Lands Grant program as it relates
to the Delray Oaks site.
10. Location: P. III-A-9, Needs and Recommendations, fifth
diamond
Change: DELETION
E~ta)ill~)la\erit 0t a 1ri0 waKe1 i0rie ~t/J_tH t/Jt tHe
l.lritt/Jrl XYerl~e ~tl~~e tt/J ~e1t/Jrl~ t)le elll earlal
lrlletJ
Comment: This no wake zone has been established by the
Department of Natural Resources.
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11. Location: P. III-A-9, Section 4. Needs and Recommendations,
eighth (last) diamond
Change: AMENDMENT or DELETION
* Computerization of irrigation systems for
public spaces at a conversion cost of
$50,000 a year for five years.
Comment: Reflect current irrigation system computerization
information, also check the CIP Element schedule and text.
III. PUBLIC FACILITIES ELEMENT
1. Location: PP. III-B-11, III-B-13, III-B-14
Change: AMENDMENT
Comment: Verify capital improvement/project amounts
against those at 11-9, 11-10, III-H-2, III-H-3, IV-2, IV-2,
IV-5 thru 10 and IV-12 thru 16, Internal consistency
issue,
2. Location: p, III-a-IS, 7. Inventory and Analysis ---
Buildings and Other Facilities, Fourth Paragraph
Change: REVISE
City Hall l~ nri~et~0lri~ an expansion pt0~ta~ was
completed in 1990L which wlII has place!! all
development oriented services within a single
wing and thus facilitateinq the provision of
governmental services. Al though no future
expansions are proposed, it will be necessary to
provide additional office space for normal growth
in the administration and to accommodate programs
proposed in the Comprehensive Plan.
Comment: Revise - City hall expansion was completed in
1990.
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3. Location: P. III-B-15, 7. Inventory and Analysis ---
Buildings and Other Facilities, Seventh and
Eighth Paragraphs
Change: DELETION
TKe \1t.IlIt.Ie~ B~llGtIn~ 0n "/WI l~t. Aten~e I~
t~ntt.10nal kS~t. 1~0lat.eGt . tt0tt 0t.Ket t~ntt.10n~I
tlKewl~el a wat.et GtItl~10ntatIlIt.t 0n taKe IGta
}(0aGt I~ 1~0lat.eGtl TKe wat.et anGt ~ewet
aGtttInl~t.tat.Ite anGt 0petatI0n t~ntt.10n~ ~K0~lGt kSe
t0ns0llGtat.eGt In a tent.tal l0tat.10n t.0 tatIlIt.at.e
ettItIent. 0petatl0n~I
TKe P~kSlIt W0tK~ ratIlIt.t I~ aGt8atent. tKe Wat.et
Tteatttent. Plan anGt Watet AGtttInlst.tat.10n ratlllttl
TKete I~ tatant. lanGt neatkSt ~p0n wKItK aGtGtlt.10nal
tatIlIt.Ie~ tan kSe kS~lltl TKI~ pt0tlGte~ an
0pp0tt.~nIt.t t.0 tel0tate tKe \1t.IlIt.t 0epatt.ttent.
anGt It~ 0~ltIn~ wat.et GtItl~10n kS~llGtIn~ t.0 a tt0te
tent.tal ~It.el TKe Wat.et AGtttInl~t.tat.10n ratIlItt
Ka~ kSeen expanGteGt In 1~8~ anGt ~K0~lGt n0t. te~~lte
t~ttKet expan~10nl
Comment: Public Works and Utilities were relocated to the
Public Works complex on South Swinton in 1991. Therefore,
these items are no longer relevant. .
4. Location: P. III-B-16, second dot
Change: PARTIAL DELETION
* such relocation would allow expansion of
City Hall needs n0tt.Ketlt of the existing
site/..:,. 0t altetnat.Itelt w0~lGt all0w
tel0tat.10n 0t a tent.tal tIte ~t.at.10n to t.Kat.
l0tat.10nlThe central fire station is being
relocated to West Atlantic Avenue,
Comment: Delete reference to relocation of the central
fire station north of City Hall. The Station is being
relocated to West Atlantic Avenue.
IV, TRAFFIC ELEMENT
There are no text amendments proposed for the Traffic Element at
this time. A full amendment of the text and tables herein will
be processed as Amendment 92-2.
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V. OPEN SPACE AND RECREATION ELEMENT
1. Location: P. 111-0-13, Third Diamond
Change: DELETION
* An opportunity may exist for providing
additional access to the Intracoastal
Waterway, preserving a natural area, and
providing public park areas in the
development of the "17 Acre Parcel". This
area, located northwest of the Eighth Street
Bridge, is currently undeveloped and without
water and sewer service. A public - private
partnership approach to the planning and
development of this site may provide a
substantial community asset.
Comment: The "17 acre parcel" is no longer classified as
an environmentally significant area (see support
documentation item #'s 1 and 2),
VI. HOUSING ELEMENT
1. Location: p, III-E-5, Second Diamond
Change: AMENDMENT
* The City, through its CDBG program,
eliminates approximately 17 substandard
housing units per year. As units are
removed consideration is given toward the
relocation of inhabitants to other housing
and toward the creation of replacement
housing including the creation of new
individual units or participation in joint
private-public housing delivery programs.
Comment: The City rehabilitates about 17 substandard units
a year and only demolishes 3 - 5 vacant substandard units a
year.
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2. Location: P. III-E-33, Proposed Fair Market Rent List
Change: AMENDMENT
198'1990 or 91 Proposed Fair Market Rent
o Bedroom (Efficiency)"............... $367.00
1 Bedroom.............................. $438.00
2 Bedrooms............................. $510.00
3 Bedrooms............................. $624.00
4 Bedrooms............................. $687.00
Comment: Revise to 1990 or 91 rent values whichever is
most current.
VII. COASTAL MANAGEMENT ELEMENT
There are no text changes for the Coastal Management Element at
this time.
VIII. FUTURE LAND USE ELEMENT
1. Location: P. III-G-2 and 3, section 2. Inventory, third
paragraph and numbered subparagraphs
Change: AMENDMENT
The Planning Area contains 16.2 square miles
(gross) with 2.5 square miles under County
jurisdiction (January, 1989) . The areas under
County jurisdiction include:
1. The North Federal Highway area,
approximately 31 acres of commercial area
bounded by the City, the Town of Gulf Stream
and the City of Boynton Beach. Services
(water and sewer) are provided by the City.
2. the Hardrives property, an enclave along
Congress Avenue which was exempted from the
Enclave Act, 28.1 acres of office and
industrial use,
3. The Linton Boulevard/Military Trail Area,
211. 7 acres of mixed land uses, within the
City's water and sewer service area,
services are currently provided to existing
uses.
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4. The Atlantic Avenue/Military Trail Area,
291. 4 acres of mixed land uses, within the
City's water and sewer service area,
services are provided to existing commercial
uses.
5, The Barwick Road/Military Trail Area, 145.8
acres of primarily vacant and residential
land use, within the City's water and sewer
area but primarily unserved at present.
Comment: Verify City acreage, re: annexations
2. Location: P. III-G-8, First Diamond
Change: REVISE
* Level of service deficiencies (based on
County and Regional standards for all but
State facilities in which case FOOT
standards are used) currently (1989) exist
on the following streets:
* Lake Ida Road, now at L.O,S. "0";
* Military Trail, now at L.O.S. "0",
north of Atlantic Avenue;
* 1-95, now at L.O.S. '.' F" .
The County Five-Year road Program projects
improvements for the above situations is as
follows:
* Lake Ida Road improvements in FY 92/93
* Military Trail improvements in FY 89/90
* Atlantic Avenue west of Congress in FY
91/92 (Atlantic Avenue is a State
facility)
* Germantown Road in FY 91/92
Comment: Revise deficiencies list and County Five-Year
Road Program list,
3. Location: P. III-G-36, Table L-5 Future Land Use
Allocations
Change: REVISE
TABLE L-5 FUTURE LAND USE ALLOCATIONS
(USE F5 "GET") (STAN WEEDON WILL DO IT)
Comment: Revise pursuant to FLUM Amendments approved via
Amendment 92-1.
11
4. Location: p, III-G-42, Table L-6 Future Land Use
Designation/Zoning Matrix
Change: REVISE
(THIS IS QUATTRO PRO, STAN WEEDON WILL DO IT)
Comment: Revise to accommodate various zonings in the Open
Space Designation where the designation applies to common
open space, drainage facilities in various residential
developments, and where it applies to regional waterways
and lakes. Also pursuant to an historical comparison and
analysis of land use designations vs. zonings since the
Plan's adoption.
IX. CAPITAL IMPROVEMENTS ELEMENT
1. Location: P. III-H-2, III-H-3
Change: AMENDMENT
(STAN WEEDON WILL DO IT)
Comment: Verify capital improvement and project amounts
against those at 1I-9, II-10, III-B-11, III-B-13, III-B-14,
IV-2, IV-2, IV-5 thru 10 and IV-12 thru 16. Internal
consistency issue.
2, Location: P. III-H-5, Special Assessment District
Change: AMENDMENT, revise last diamond on the page
* St0tm Watet ~tllltt Feel a m0de'- t tee tarl
pt0tlde elt~et arlrl~al t~rldlrl~ 0t ,3Ie/eee to
"ee/eee 0t ~atX a teterl~e ~0rld 0t '3/3 to
"/1 mlll10rll The Stormwater Utility Fee
was adopted by the City ,in 1991. (Should
this be under Special Assessment Districts?)
Comment: Add information about the Stormwater Utility Fee
adopted by the City in 1991 and delete the reference to
same as a potential resource.
12
.,
3. Location: P. 111-8-7, Drainage Facilities discussion
Change: AMENDMENT
Drainage Facilities: There has not been a
dedicated source of funding for drainage
facilities. Both GO and revenue Bonds have been
used to finance specific drainage projects. New
development is required to have formal drainage
plans which are reviewed and approved by both the
Lake Worth Drainage District and the South
Florida Water management DJ,strict. Development
west of 1-95 is tied to a system of canals and
retention lakes. A firm funding source is needed
for remedial drainage facilities.
Comment: Revise to indicate adoption of Drainage Fee.
3. Location: P. I1-H-12, Table C1-1 General Fund Forecast
Change: AMENDMENT REPLACEMENT
TABLE C1-l GENERAL FUND FORECAST
Comment: A revised and updated table is provided.
X. INTERGOVERNMENTAL COORDINATION ELEMENT
There are no changes to Intergovernmental Coordination Element
at this time,
XI. PART IV. REQUIREMENTS FOR CAPITAL IMPROVEMENTS
IMPLEMENTATION
1- Location: P. 1V-2, IV-2!, IV-5 thru 10 and IV-12 thru 16
Change: AMENDMENT
(STAN WEEDON WILL DO THIS)
.
Comment: Verify amounts against those at 11-9, 11-10,
I1I-B-l1, I1I-B-13, III-B-14, 111-H-2, 111-8-3. Internal
consistency issue.
13
XI I. PART V. PROCEDURES FOR MONITORING AND EVALUATION OF
THE PLAN
There are no amendments proposed to Part V at this time.
1. Location: P. V-2 thru V-4, List of Programs, Projects by
Fiscal Year
Change: REVISION
Changing schedules re: policy changes and
studies,
Comment: Revise to reflect changes in goals, objectives
and policies contained in Amendment 92-1.
14
"
AMENDMENTS TO GOALS, OBJECTIVES AND POLICIES OF THE PLAN
I. CONSERVATION ELEMENT
1. Location: P. III-A-13, Policy A-1.1
Change: AMENDMENT
POlicy A-1.1: A program of monitoring
groundwater conditions through installation of a
series of monitoring wells. The program shall
also provide the expertise to interpret and
assess monitoring reports. 1~1; pt0~t~~ ;~~ll ~e
In~tIt~ted ~t 1Y 89/901 It n0t ;00netJ (c1)
Comment: Delete last sentence as Project (190-56) is
ongoing, Policy is converted to a maintenance policy.
2, Location: P. III-A-14, Policy A-2,2
Change: RESCHEDULE
Policy A-2,2: The geographic area covered by
wellfield protection regulations shall be
expanded to include the area designated as the
one foot drawdown area, A local ordinance shall
be created and adopted in FY 91/92 which extends
the requirements of the County Ordinance to this
increased area.
Comment: Wellfield Protection Ordinance. Local ordinance
not yet written, unlikely to be completed this year.
Therefore, policy is deferred to FY 92/93.
15
3. Location: P. III-A-l4, Objective A-3
Change: AMENDMENT
Objective A-3:
Specific programs to monitor, enforce, reduce,
eliminate, and provide alternative disposal
methods with respect to the everyday use of
material which may be hazardous and which would
contaminate our water supply shall be approached
through a specific component of the City's
Conununity Services Group. This component shall
be established in the FY 89/90 budget and shall
undertake or address the following activities.
(cl)
Conunent: Convert last sentence to reorient Objective as an
item as this maintenance component has been established.
4. Location: P. III-A-l4, Policy A-3.2
Change: AMENDMENT
Policy A-3.2: A public education program which
uses newspaper and television promotions in order
to provide awareness of the impacts of the
improper disposal of household hazardous waste
shall be developed in FY 90/91. As a part of
this program a central collection site shall be
established to which the public may bring and
deposit household hazardous wastes. (cl)(clO)
Conunent: Convert to a maintenance policy via deletion of
reference to establishment of the central household
hazardous waste collection site. The collection site has
been established at Solid Waste Transfer Station.
5. Location: P. III-A-lS, Policy A-3,3
Change: DELETION
Policy A-3,3: "Amnesty Days" shall be provided
at least semiannually at which times hazardous
waste materials shall be deposited at a
collection point. This program shall be
instituted in FY 89/90, and upon renewal of the
City's waste collection contract, (cl)(clO)
Conunent: Hazardous waste amnesty days are no longer needed
given the action accomplished via Policy A-3.2
16
'I
6. Location: P. III-A-15, Policy A-3.4
Change: RESCHEDULE
Policy A-3.4: An assessment shall be made of the
impact or potential impact of concrete
manufacturing operations, which exist within the
City, upon groundwater contamination. This
assessment shall be made in FY 90/91, if not
sooner. (c1)(c10)
Comment: Study impacts of concrete manufacturing
operations upon groundwater. Study not started or
assigned. Defer to FY 91/92 or later.
7. Location: P. III-A-15, Policy A-4.2
Change: RESCHEDULE
Policy A-4.2: Develop a standard of water use
for various land uses (e.g. varying with lot
sizes, bedrooms, common area, etc.) which equates
to 100% of a reduction target and establish it as
the limit of "reasonable" consumption. Then
provide for a penalty payment (higher rate) for
water consumption above the reasonable amount.
This program shall be instituted in September,
1991, if the rate of water consumption is not
reduced through voluntary means. (c1)
Comment: Water Use standards by land use type. Defer to
September, 1992. Work is 70% complete.
8, Location: P. III-A-16, Policy A-4,7
Change: RESCHEDULE
Policy A-4.7: The City shall continue its
present policy of requiring a water source, other
than City water, for irrigation purposes;
however, it shall also pursue the use of
discharge water from the Regional Wastewater
Treatment Plant for irrigation purposes. This
program shall be explored through the joint
efforts of the District Board and the Cities of
Boynton Beach and Delray Beach. This item shall
be broached by City representatives on the
Regional Board and placed in the agencies FY
90/91 work program.
Comment: Well water use for irrigation. The City is
re-examining irrigation water source policy. Therefore,
this item is deferred to FY 91/92.
17
9, Location: P. III-A-17, Objective B-1
Change: AMENDMENT
Objective B-1:
The City shall undertake efforts, through the
following policies, to protect the following
Comment: The location for Hurricane Pines (third diamond)
is revised to reflect existing street intersections and
orientation e/w. Delete the last diamond reference to "the
public area" as Amendment 91-1 changed the FLUM designation
to Recreation Open Space which is inconsistent with Policy
B-1. 1.
10. Location: P. III-A-17, Policy B-1.2
Change: AMENDMENT
Policy B-1. 2: the Low Oak Hammock area of the
Alfieri Pugliese Park of Commerce and The Pine
Scrub along S.W. 10th. should be preserved in
part through sensitive site planning.
Comment: Low Oak Hammock area of Alfieri Pugliese Park of
Commerce. This site is on the list for acquisition by Palm
Beach County through the Environmentally Sensitive Lands
Program.
11. Location: P. III-A-17, Policy B-1.2
Change: AMENDMENT
Policy B-1. 2: the Low Oak Hammock area of the
Alfieri Pugliese Park of Commerce and The Pine
Scrub along S.W. 10th. should be preserved in
part through sensitive site planning.
Comment: Delete "the Pine Scrub" reference and replace
with the proper name of Hurricane Pines and enclose "along
S.W. 10th" in parenthesis.
12, Location: P. III-A-17, Policy B-1.3
Change: AMENDMENT
Policy B-1. 3: An interpretive trail system
shall be created within Leon Weekes Environmental
Preserve in FY 94/95.
Comment: Construction scheduled in CIP for 94/95.
18
"
13. Location: p, III-A-17, Policy B-l.5
Change: DELETION
Policy B-1. 5: 25% of the native plant
communities which occur within the "17 acre
parcel" shall be retained pursuant to Policy
10.1.2,2 of the TCRPC Plan and its criteria. See
Open Space and Recreation Objective B-3 and
Coastal Management Objective C-5 for more detail
regarding future land uses for the property. (c3)
Comment: The "17 acre parcel" is no longer classified as
an environmentally significant area (see support
documentation item t's 1 and 2).
14. Location: P. III-A-18, Policy B-2.4
Change: DELETION
Policy B-2.4: Speed limits shall be placed upon
boat traffic on the Intracoastal Waterway in
order to provide a degree of protection for the
Manatee. The speed limits shall be developed
through cooperative efforts with the Florida
Department of Environmental Regulations as
further addressed in the Intergovernmental
Coordination Element.
Comment: New Intracoastal Waterway speed zones/limits have
been established by the Department of Natural Resources
(DNR).
15. Location: P. III-A-19, Policy B-3.3
Change: RESCHEDULE
Policy B-3.3: Through Intergovernmental efforts
with the Army Corp of Engineers and Florida
Department of Environmental Regulations, a
program for the protection of seawalls and
natural shorelines along the Intracoastal
Waterway shall be established. The City shall
provide the lead through its Development Services
Group. The program shall be developed by June of
1991. It shall address, among other items, the
regulation of boat activity in order to reduce
wave impact upon those features.
Comment: Program for protection of seawalls and natural
shorelines along Intracoastal Waterway. Defer to June,
1992. No work done, no assignments made.
19
16. Location: P. III-A-20, Policy C-l. 4
Change: DELETION
Policy C-1.4: The City Commission shall continue
to support State efforts for reinstatement of
mandatory vehicle emission detection programs.
.
Comment: Mandatory vehicle emission testing has been
established by the State.
17. Location: P. III-A-20, Policy C-2.1
Change: RESCHEDULE
Policy C-2,l: By June, 1991, th"e practice of
allowing waste from air-conditioning
units/systems to be discharged into drainage
canals and the Intracoastal Waterway shall be
terminated. To accomplish this, the Code
Enforcement program shall be extended to this
area.
Comment: Terminate air conditioning waste discharge into
waterways. Defer to FY 91/92.
18, Location: P. III-A-20, Policy C-2.2
Change: RESCHEDULE
Policy C-2.2: By June, 1992, ordinances shall
have been enacted to prohibit the discharge of
waste or litter in or along the City's waterways.
The burden for maintenance of such areas shall be
upon the contiguous property owner. This item
shall become a priority of the Code Enforcement
Department upon enactment of any such ordinance.
Comment: Enact ordinance prohibiting discharge of waste or
litter into waterways. Convert to FY 91/92.
20
'f
II. PUBLIC FACILITIES ELEMENT
l. Location: P. III-B-23, Objective A-l
Change: RESCHEDULE
Objective A-l:
Specific programs to mitigate the adverse impacts
of point sources of pollution, as identified in
the following policies, shall be prepared and
placed in written form prior to June, 1990.
These programs shall be prepared by the Community
Service Group.
Comment: Programs to mitigate impacts of point sources of
pollution. Defer to June, 1993. Programs should be
established after NPDES permit issued. Work on permit
program is 40% complete, permit program should be complete
May, 1993.
2. Location: P. III-B-23, Policy A-l. 2
Change: RESCHEDULE
Policy A-l.2: Even though current standards for
oc~an discharge of affluent are being met, the
use of ocean discharge may not, in the long term,
be an acceptable method of disposal of affluent.
A program for the reuse of affluent from the
Regional Wastewater Treatment Plant shall be
presented to the Regional Board by June 1, 1991.
(See Policy B-1.2 for related policy; and see
Intergovernmental Coordination Element for
related policy).
Comment: Program for affluent reuse rather than ocean
discharge. Defer to June 1, 1993.
3. Location: P. lII-B-23, Policy A-1.4
Change: DELETION
Policy A-1.4: Programming of improvements to the
sewer system shall place a high priority upon the
rehabilitation of portions of the original system
which are now experiencing infiltration and
leakage. The program shall include detection and
elimination of combined sewage and storm sewers.
(See Policy C-S.4 for related policy). (BS) (C1)
Comment: Program improvements to water and sewer system to
eliminate leaks and infiltration. Infiltration and Inflow
correction program in place.
21
4. Location: P. III-B-24, Objective A-2
Change: RESCHEDULE
Objective A-2:
Specific programs to mitigate the adverse impacts
of non-point sources of pollution, as identified
in the following policy, shall be prepared and
placed in written form prior to June, 1990.
Comment: Programs to mitigate adverse impacts of non-point
sources of pollution. Defer to June, 1993. Programs will
come from Master Drainage Plan and NPDES program. Master
Drainage will be complete June, 1992; NPDES May, 1993.
5. Location: P. III-B-24, Policy A-3.2
Change: DELETION
Policy A-3.2: In addition to regulating the
handling and disposal of hazardous waste used in
commercial enterprises, the City shall
investigate establishment of a "transfer" station
or suitable alternative for the collection of
small amounts of hazardous substances from
individuals. This program shall be implemented
by June 1, 1992. it shall also be accompanied by
a public information effort which educates the
public on the identification and proper disposal
of household hazardous waste. (C1)
Comment: Establishment of hazardous waste transfer site.
Complete, established at transfer station, operated by
Solid Waste Authority.
6. Location: P. lII-B-2S, Policy A-3.4
Change: AMENDMENT
Policy A-3.4: A solid waste recycling program
shall be applied City side by the end of FY
91/92. This program shall be directed toward a
least expensive alternative even though such a
program may not be the most effective from a
resource recovery perspective.
Comment: Establishment of citywide solid waste recycling
program. Reorient as a maintenance policy with program
description from Steve Hiney.
22
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7. Location: P. III-B-26, Policy B-2.4
Change: AMENDMENT
Policy B-2.4: Acquisition of rights to develop a
western wellfield and initial steps, with the
South Florida Water Management District, to allow
establishment of a future wellfied shall be
pursued in FY 90/91 if not sooner. The lead
agency shall be the Community Services Group
working in conjunction with the City Attorney.
Proceeds from the 1984 Water/Sewer Bond shall be
used to accomplish this Policy.
Comment: Environmental Services acquisition ongoing for
rights to western wellfield at Morikami. Schedule is to
complete construction of new western wellfield in 1996.
8. Location: P. lII-B-31, Policy C-5.1
Change: AMENDMENT
Policy C-5.1: Diversion of funds from the
enterprise accounts to the City's General Fund
shall be minimal and shall be determined only by
measurable dltett indirect costs.
Comment: Determined only by measurable indirect costs.
9. Location: P. II1-B-31, policy C-6.3
Change: AMENDMENT
Policy C-6.3: The City, through the Utilities
Department, shall develop in FY 90/91 a
continuing program for the reduction of 1/1 with
a target to reach a LOS of 105 gppd at the end of
the first planning period and a LOS of 95 gppd at
the end of the second planning period.
Comment: Program for reduction of 1&1. Reorient as a
maintenance policy as this program has been established.
23
lO. Location: P. III-B-32, Policy D-l. 3
Change: AMENDMENT
Policy D-l. 3: An additional fire station shall
be located in the southwest quadrant of the
City's service area. The facility shall be in
place prior to, or concurrent with, development
of Blood's Hammock Grove. The approximate
location of the station shall be identified on
the land use map.
Comment: Temporary station in place, Fire Station #5
scheduled for completion in FY 92/93 with funding from
Decade of Excellence Bond.
11. Location: P. III-B-33, Policy E-l.l
Change: RESCHEDULE
Policy E-1.l: This program shall assess needs
City wide; shall establish a list of criteria by
which needs will be evaluated; and shall
establish a priority for all projects. This
program shall be completed by June 1, 1991. (B1)
(C1)
Comment: Storm drainage and runoff management capital
improvement program. Defer to June, 1992. Priority and
assessment will be done through Master Drainage Plan to be
completed June, 1992.
12. Location: P. III-B-34, Policy E-2.1
Change: AMENDMENT
Policy E-2.1: On financing mechanism for these
improvements shall be a storm water utility which
is assessed throughout the City. Improvements
financed through this mechanism shall be
primarily determined by the criteria of property
protection in localized situations. Funded
projects shall be located throughout the City as
opposed to being concentrated in a single
quadrant. The fee shall be established in the FY
90/91 budget but shall be modified, upon
completion of the program (Objective E-1), in the
budget for FY 91/92.
Comment: Stormwater Utility Fee establishment. Fee is
established, reorient as a maintenance policy.
24
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13. Location: P. III-B-3S, Policy F-l.3
Change: RESCHEDULE
Policy F-1.3: Individual pamphlets for sanitary
sewer, potable water, drainage and solid waste
shall be prepared by June 1, 1"1 1992; be
revised on an annual basis; and made available at
the central exhibit area.
Comment: Defer to June 1, 1992. Water conservation
pamphlets from SFWMD are distributed now, others item are
not yet in place.
14. Location: P. III-B-35, Policy F-2.1
Change: REESTABLISHMENT
Policy F-2.1: Public input through testimony
received at public hearings, advertised and held
before the Local Planning Agency, shall be
solicited annually during winter months in order
to identify geographic areas which are most in
need of improvements.
Comment: This policy was deleted with Amendment 91-1 but
is reestablished as a maintenance policy with appropriate
LDR reference.
15. Location: P. III-B-36, Policy F-2.2
Change: REESTABLISHMENT
Policy F-2.2: Criteria, as identified in the
Capital Improvement Element, shall be followed in
the establishment of priorities for construction
of public facilities. On an annual basis, the
Local Planning Agency shall forward to the City
Commission a listing of new or revised priorities
with written findings as to the relationship of
projects to those criteria.
Comment: This policy was deleted with Amendment 91-1, but
is reestablished as a maintenance policy with appropriate
LDR reference.
25
III. TRAFFIC ELEMENT
l. Location: P. III-C-17, Policy A-1.2
Change: AMENDMENT
Policy A-I. 2: The City, through this policy
statement, endorses the establishment of the
Tri-County Commuter Rail System and the
establishment and continuance of a commuter stop
in Delray Beach.
Comment: Revise to show continued support of Tri-Rail
rather than its establishment. Language change reflects
ongoing operations of Tri-Rail.
2. Location: P. III-C-17, Policy A-l. 3
Change: AMENDMENT
Policy A-I. 3: The Planning Department, in
conjunction with the Environmental Services,
shall develop a program for an in-town shuttle
system which links rail stations, the central
business district, the beach, waterway access
points and addresses needs of the elderly. A
plan shall be developed in FY 91/92, and funding
needs shall be addressed in a 1993 Plan
Amendment.
Comment: Program for in-town shuttle. Revise to include
downtown parking areas and community facilities to in-town
shuttle system service areas. Represents a more complete
system service area definition.
3. Location: P. III-C-17, Policy A-I. 4
change: NEW POLICY
Policy A-l. 4: 111111111
Comment: The City, through this policy statement, endorses
and supports the continued operations of the Cotran Transit
System in Delray Beach. Continued support to the operation
of Cotran serves our residents through its continued
operations.
26
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4. Location: P. III-C-18, Policy A-5.1
Change: AMENDMENT AND RESCHEDULE
Policy A-S.l: The City Engineer shall, in FY
91/92, determine the ten most significant
accident areas and shall identify methods to
mitigate accidents at these locations. Those
methods shall be given extra rating in the
establishment of priorities among street capital
improvement projects and/or referred to the
responsible jurisdiction for initiation.
Comment: Determination of significant accident areas,
identification of mitigation. Revise to annually from FY
91/91. This analysis of high accident locations should
occur annually so that trends can be identified and annual
variations accounted for.
S. Location: P. III-C-19, Policy A-5.2
Change: DELETION
Policy A-5.2: Additional development in
proximity of high accident areas shall include in
the required traffic report the specific topic of
the accident area. Such development shall not be
approved without a finding that the additional
traffic generated by, or directed toward, the new
development will not necessarily exacerbate the
situation which has led to the high accident
designation.
Comment: Recommend policy deletion. For accident
locations, any additional traffic volume will likely
exacerbate the situation.
6. Location: P. III-C-19, Policy A-6.1
Change: AMENDMENT
Policy A-6. 1: The Subdivision Regulations shall
provide consistent standards for, but not limited
to, the following:
* location and design of driveway access
and on-site circulation
* width and location of curb cuts
* width and location of median openings
* radii of curves and criteria for
locations where driveways or private
streets may intersect on curves
27
* line-of-sight at intersections and
driveways
* width and conditions of shoulders
* street lighting standards, particularly
at intersections.
(LDR's Sections 6.1.2, 6.1.4, and 6.1.5.
Comment: Subdivision standards in the LDR's. Add a
requirement for the submission of a traffic impact
statement addressing local traffic issues. This will allow
us to more fully evaluate the traffic impacts of
developments including capacity access, relationship with
other departments, alternative modes of travel and safety.
7. Location: P. III-C-21, Objective B-l
Change: AMENDMENT
Objective B-1:
The Level of Service (LOS) for the Delray Beach
street system is hereby established as "C" for
all conditions except for:
* streets under State jurisdiction which shall
be allowed to function at LOS "D" under any
condition pursuant to Table T-lb, and
* streets under County jurisdiction which
shall be allowed to function at LOS "0"
under any conditions pursuant to the Palm
Beach County Traffic Performance Standards,
Ordinance 90-40.
Comment: Streets, level of service (LOS). Amend to
include allowable capacity degradations proposed in the
City geographic area of exception (GAE).
8. Location: P. III-C-21, Policy B-2.1, new dot
Change: AMENDMENT
Policy B-2.1: ?1???????
Comment: Intersection congestion correction. Add
statement stating unwarranted four-way stops be removed.
Unwarranted four-way stops create increased driver delay.
Raise safety concerns and expose the City to possible
libalis actions resulting from the use 0 f illegal traffic
control devices.
28
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9. Location: P. III-C-23, Policy C-2.1
Change: AMENDMENT AND RESCHEDULE
Policy C-2.1: An enhanced program of street
marking shall be instituted. it shall be funded
as a part of the Street Maintenance Program
commencing in FY 91/92, if not sooner. It shall
include signage at turns and arrows marking
traffic flow. This enhanced program shall, as
its first priority, be directed toward areas
where visitors most frequently encounter
problems, such as along Federal Highway.
Comment: Street marking program enhancement. Revise to
address all traffic control devices be enhanced beginning
in the CBD as well as along Federal Highway. Revised
language reflects overall upgrades of needed traffic
cOitrols. Action to be ongoing annually.
10. Location: P. III-C-24, Policy C-2.2
Change: AMENDMENT
Policy C-2.2: Power poles, and other
obstructions, shall be removed from travelways
(as opposed to right-of-ways). This project
shall be undertaken in concert with Florida Power
and Light. The program shall be developed by the
Engineering Department in 1990 and funding
provided in FY 90/91, if not sooner.
Comment: Removal of obstructions from travelways. Amend
to include obstructions within the required roadside clear
recovery zone. Roadway design requirements require the
clear recovery zone and pavement to remain free of
dangerous obstructions.
II. Location: P. I11-C-24, Policy D-1.2
Change: AMENDMENT
Policy D-I.2: The provision of a pedestrian
system apart from the street system shall be
explored with the review of each development
plan. Specific focus shall be given to access to
waterways, to parks, between residential
developments, and along access routes to schools
including such systems through developments.
Comment: Segregate street/pedestrian system. Revise to
include language concerning on-street pedestrian systems.
A comprehensive pedestrian system must include an analysis
of pedestrian activities within public rights-of-ways.
29
12. Location: P. III-C-24, Policy D-1.3
Change: NEW POLICY
Policy 0-1.3: 11111111
Comment: Annual review of pedestrian accidents to
establish patterns and/or locations common to accidents.
If applicable, remedial improvements should be programmed.
This policy addresses possible safety issues relating to
pedestrian activities in Delray Beach.
l3. Location: P. III-C-24, Policy D-l.4
Change: NEW POLICY
Policy 0-1.4: 11111111
Comment: City to evaluate downtown pedestrian network
through area suitability study. Study to identify
pedestrian network needs in our downtown (ie. maintenance
needs, barriers, missing sidewalk sections, and handicap
accessibility needs).
14. Location: P. III-C-24, Policy 0-2.1
Change: AMENDMENT
Policy 0-2.1: Bicycle traffic shall be
accommodated in the design and construction of
County Collector and Arterial roadways. The
City, by adoption of this policy, requests that
such improvements be included on all projects
undertaken per the County's five-year road
program. .
Comment: Inclusion of bicycle travelways in County
collector and arterials. Revise to include all collectors
and arterials, City, County and State. City should include
bicycle traffic in its projects on City collectors and
arterials.
15. Location: P. III-C-25, Policy 0-2.2
.
Change: AMENDMENT AND RESCHEDULE
Policy D-2.2: bicycle parking and security
facilities shall be required on all new
development which occur past June 1, 1990.
[LDR's Section 4.6.9(C)(I)(c)].
30
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Comment: Bicycle parking and security. City staff shall
examine the threshold levels at which bicycle parking and
security facilities are required. Lower limits would
increase the availability of such facilities thereby
encouraging bicycle use.
16. Location: P. III-C-25, Policy 0-2.3
Change: . AMENDMENT
Policy D-2.3: the existing bicycle route and
path network shall be mapped, and missing
linkages identified. Specific actions shall be
taken, in concert with the agency with roadway
jurisdiction, to complete the missing linkages.
Comment: Mapping of existing bicycle path network. Amend
to include identification of barriers to bicycle travel.
Language change reflects standard practice of bicycle
suitability mapping.
17. Location: P. III-C-2S, Policy 0-2.4
Change: AMENDMENT
Policy D-2.4: A remedial program for providing
bicycle crossings of arterial roadways and County
Collectors in proximity to points of destination
such as the entrance to Lake Ida Recreational
Area shall be established. Measures may include
self-activated crossing signals. An inventory of
occurrences and coordination with appropriate
agencies shall be undertaken by the City Engineer
and shall be completed by June, 1992. funding
for construction of missing linkages shall be
provided on an annual basis commencing in FY
92/93.
Comment: Bicycle crossings of arterial and County
Collectors. Revise to include all collectors and
arterials. Amend inventory of occurrences and coordination
of bicycle system to separate policy. Bicycle facilities
crossing all City, County, and State collectors and
arterials should be addressed.
31
18. Location: P. III-C-25, Policy D-2.5
Change: NEW POLICY
Policy 0-2.5: 11111111111
Comment: Annually, the City staff is to review bicycle
accidents to establish patterns and/or locations common to
accidents. If applicable, remedial improvements should be
programmed. An annual review of bicycle accidents should
identify possible safety issues relating to bicycle travel
in Delray Beach.
IV. OPEN SPACE AND RECREATION ELEMENT
1. Location: P. III-D-17, Policy A-2.5, Second Planning Period
list on P. III-D-18, 2nd Diamond
Change: DELETION
Policy A-2.5:
SECOND PLANNING PERIOD, 1995-2000
* The "17 acre parcel"
Comment: The " 17 acre parcell! is no longer classified as
an environmentally significant area (see support
documentation item #'s land 2).
2. Location: P. 111-0-20, Policy B-2.1, Third Dot
Change: AMENDMENT
Policy B-2.1:
* a portion of the"l7 acre parcell! north of
the Eighth Street bridge along the west side
of the Intracoastal with areas to be
considered preservation to be determined
during the development review process. (c2)
Comment: " 17 acre parcell!. Delete this reference, the
site has been declassified.
32
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3. . Location: P. 111-0-20, Policy B-2.1
Change: AMENDMENT
Policy B-2.1: The Land Use Map shall identify as
"conservation" the following areas which shall be
preserved:
* the three F.1.N.D. parcels along the
Intracoastal;
* the Leon Weekes Environmental Preserve scrub
habitat;
Comment: Identification of "conservation" land on Future
Land Use Map. Add the following to create consistency with
Conservation Element Objective B-l. Delray Oaks Hammock in
the Alfieri Pugliese Park of Commerce, Hurricane Pines on
s.w. 10th Street, west of Federal Highway.
4. Location: P. II1-D-21, Policy B-3.2
Change: DELETION
Policy B-3.2: Additional access to the
Intracoastal Waterway shall be achieved through
improvements made at the time of development of
the "17 acre parcel" and redevelopment of
Veteran's Park. (c3)
Comment: " 17 acre parcel". Delete this policy as this
parcel has been declassified as an environmental site.
v. HOUSING ELEMENT
1. Location: P. III-E-21, Policy A-5.2
Change: RESCHEDULE
Policy A-S.2: Establishment of a "bootstrap"
rehabilitation program for all dwellings from
single family detached residences to
multiple-family complexes. it shall address all
matters ranging from building code items,
landscaping, appearance, to parking. it shall
not apply to items of life and safety. This
program shall provide for the phasing of
improvements, which are necessary to meet
applicable codes, over a period of time. The
33
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schedule by which improvements are to be made
shall be based upon the property owner's ability
to pay and upon the need to enhance the quality
and character of the neighborhood. This program
shall be instituted in FY 90/91, if not sooner.
Comment: The "bootstrap" program has been established.
Reorient as a maintenance policy.
2. Location: P. III-E-27, Policy C-2.3
Change: AMENDMENT
Policy C-2.3: Redevelopment areas shall provide
for medium and KI,K density residential
concentrations including residential construction
techniques (manufactured homes) which result in
lesser construction costs.
Comment: Delete reference to high density as the City has
no high density land use designation on zoning district.
3. Location: P. III-E-28, Policy C-3.2
Change: AMENDMENT
Policy C-3.2: Affordable hosing shall also be
achieved by the accommodation of various housing
types per Policies C-4 and C-5 and public
assistance programs pursuant to Objective A-3.
Comment: Reference to policies is really to objectives.
4. Location: P. lII-E-29, Policy C-4.4
Change: AMENDMENT
Policy C-4.4: Until such time as the Plan
amendment of Policy C-3.2 is adopted, the City
shall not engage or entertain programs for
additional low - moderate income housing,
especially within "rehabilitation" and
"stabilization and revitalization" areas except
as provided for under Goal Areas "A" and "B".
Comment: Reference should be to Policy C-3.2, not C-4.2.
34
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5. Location: P. III-E-31, Policy C-7.4
Change: AMENDMENT
Policy C-7.4: Continually influence the
formation and implementation of programs which
enhance the physical development and
attractiveness of the community such as
fulfillment of the 1986 Roadway Beautification
Program and the expansion of that concept to
other portions of the community.
Comment: Add reference to Housing Element, Policy A-6.4
VI. COASTAL MANAGEMENT ELEMENT
1. Location: P. III-F-18, Policy A-l.3
Change: AMENDMENT
Policy A-l.3: The City shall undertake dune
vegetation and beach related studies with an
annual investment of $50,000. These studies
shall build, annually, from the programmed work
in the Beach Renourishment Project. (c2)
Comment: The City shall undertake beach and dune studies
as required by permitting agencies to monitor and maintain
the Beach Renourishment Project. Specific allocation of
$50,000 is not required since cost varies year to year.
2. Location: P. III-F-19, Policy A-l.5
Change: RESCHEDULE
Policy A-1.5: The City shall prepare a cross
dune beach acces s study in FY 90/91 which shall
address at a minimum the following:
* analysis of beach use patterns,
* location and number appropriate to beach use
patterns,
* provision of handicapped access,
* control of access to protect the dune,
* control of blowout potential,
* appropriate type(s) of crossover(s),
* Department of Natural Resources design
criteria, and
* aesthetics.
35
The result of this study shall be a
recommendation of the number, type, and location
of beach access points which will provide
appropriate public access while maintaining and
enchanting the integrity of the existing dune
system. The study shall include estimated
implementation costs, potential funding sources,
and set forth a five year implementation program
which shall commence in FY 91/92.
Comment: Cross dune beach access study. FY 91/92. Draft
complete, needs staff review and completion.
3. Location: P. II1-F-19, Policy A-2.3
Change: AMENDMENT
POlicy A-2.3: The City shall request of the City
of Boynton Beach, the Town of Gulfstream, the
Town of Highland Beach, and Boca Raton that
notice be given of any development which shall
impact the Intracoastal Waterway by diversion of
runoff, the increase in direct runoff, or the
introduction of a water-dependent use or
commercial or industrial use along the
Intracoastal Waterway. If it is not apparent
that there will be no adverse impacts upon the
Intracoastal Waterway, the item shall be referred
to the Palm Beach Countywide Planning Council for
an analysis and recommendation pursuant to
provisions of its Charter. (cI3)
Comment: Substitute name of successor to Countywide
Planning Council. Agency Eliminated.
4. Location: P. III-F-20, Policy A-4.2
Change: AMENDMENT
Policy A-4. 2: The City shall, through the Palm
Beach County Beaches and Shores Council, exchange
information regarding pollution, water quality,
and measures for storm eater runoff control which
affect the environmental status of the
lrittat0a~tal Wate~at arid tKe Ocean.
Comment: The Beaches and Shores Council, in its charter,
only considers areas east of the Coastal Construction
Control Line.
36
'.
5. Location: P. III-F-20, Policy A-4.4
Change: DELETION
Policy A-4.4: The City shall support the concept
of "countywide" application of regulations which
are targeted toward the protection of existing
resources as was done with the Wellfield
Protection Ordinance and Conservation Lands
Protection Ordinance. When such measures are
enacted, the City shall through its Department of
Development Services provide the clerical and
technical support personnel to provide for the
effective implementation of such ordinances.
(c14)
Comment: Support for Countywide application of resource
protection regulations. Political philosophy is moving
away from countywide applications.
6. Location: P. III-F-2l, Policy 8-1. 4
Change: AMENDMENT
Policy 8-l.4: Whenever development is proposed
east of Highway A-I-A a survey of the property
shall be required and said survey shall contain
any access by the public to lands seaward of the
mean high tide or water line by prescription,
prescriptive easement, or any other legal means
or a surveyor's note that no such access exists.
Upon identification, any such access shall be
eliminated for replaced only in compliance with
F.S. l61.55(6). (c9)
. Comment: Identification of public beach access via survey
requirement for properties east of A-l-A. Convert to
maintenance policy. Policy complete through adoption of LOR
Section 4.5.4(c).
7. Location: P. III-F-22, Policy B-3.2
Change: AMENDMENT
Policy 8-3.2: Municipal funds shall be allocated
in each years Capital Improvement Budget for
enhancement of the streetscape. Priority shall
be on plantings along Ocean Boulevard (A-I-A) .
Enhancements shall include the planting of
indigenous plants (e.g. coconut palms) and the
provision of street furniture particularly at
beach access points and areas of congregation.
37
Comment: Streets cape enhancement via CIB. Delete . . .
Capital Improvement Budget . . . replace with . . . budget . . .
Most of this work is done through operating funds with some
public/private cooperation (ie. Garden Club)
8. Location: P. III-F-25, Policy C-4.3
Change: DELETION
POlicy C-4.3: During FY 91/92 the city, through
its Parks and Recreation Department, shall
formally contact FIND and initiate programs for
the perpetual use of these properties as marine
and wildlife habitats through retention of flora
and fauna and the possibility of sites for the
relocation of mangroves which must be relocated
from elsewhere along the Intracoastal Waterway.
Comment: Contact FIND, perpetual use of FIND lands.
Complete. FIND is in process of determining surplus status
of land.
9. Location: P. III-F-26, Objective C-5 and Policies C-5.1
thru C-S.3
Change: DELETION
Objective C-S:
The largest undeveloped area within the Coastal
Zone, the " 17 acre area", is to be developed
through public-private efforts to provide for
enhanced tax base (multiple family residential
development), waterfront access and amenities
(marina component), and promotion of the marine
character of the community (park component).
(b-3, 9, 11)
Policy C-5.1: If private initiatives have not
surfaced by 1994, the City, through its Planning
Department, shall prepare a development plan for
the "17 acre area", the first aspect of which
shall be a feasibility study. This development
shall provide for a balance of the three
components cited in Objective C-5. The resulting
plan shall then be incorporated with the
Community Redevelopment Plan (which applies to
this geographic area) , and the Community
Redevelopment Agency shall proceed to seek
investors and otherwise promote implementation of
the development plan in accordance with its
C.R.P. program.
38
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Policy C-5.2: If private initiatives surface
prior to preparation of the plan pursuant to
C-5.1, the City and the C.R.A. shall provide
financing and/or other participatory resources in
the development of the park component of the
development.
Policy C-5.3: This area shall be identified as a
"mixed-use area" on the Land Use Map, and
resulting development should occur under the
City's Special Activities District ( SAD) , or
equivalent zone district.
Comment: " 17 acre parcel" . A private development
initiative has surfaced and the property has also been
declassified from its previous environmental/conservation
status.
10. Location: P. III-F-26, Objective C-6, third diamond
Change: AMENDMENT
Comment: Delete reference to 17 acre area consistent with
the deletion of Objective and Policy C-5.
11. Location: P. III-F-26, Policy C-6.1
Change: AMENDMENT DELETION
Policy C-6.1: The program for redevelopment of
Veteran's Park shall focus upon its current
intensity as a neighborhood/town park with varied
activities of relatively low intensity.
Provisions should be made for short-term mooring
of small boats, thus providing additional
accessibility to the area. (Note: This requires
an amendment to Code Section 92.15).
Comment: Veteran's Park redevelopment. Program is
complete, final design in process. Revise pursuant to
ongoing redevelopment. Verify code reference - probably
delete.
39
12. Location: P. III-F-27, Policy C-6.6, Item 12
Change: AMENDMENT/ OR LEAVE AS IS
Policy C-6.6:
2. Participation in a private initiative for
development of "the 17 acre area" or in the
purchase of the property in order to control
its eventual use and/or development
(Objective C-5.
Comment: "l7 acre parcel", public financial participation.
Delete Item #2 consistent with deletion of Objective C-5
and its policies.
13. Location: P. III-F-28, Policy C-7.1
Change: AMENDMENT
Policy C-7.1: The highest priority for shoreline
use in the City of Delray Beach shall be for
beach purposes which shall include recreation and
conservation. There shall be no commercial
development nor water-dependent development
(except the beach) or water-related uses along
the shoreline which abuts the beach. Residential
development shall not exceed a height greater
than 48' from the elevation of the crown of
Highway A-I-A and shall be constructed west of
the coastal construction line. (c8)
Comment: Delete reference to the . . . Coastal Construction
Line and replace with Erosion Control. The CCCL is a line
of regulation by DNR, not a line of prohibition. The ECL
is the easterly property line and is a line of
prohibition.
14. Location: P. III-F-28, Policy C-8.1
Change: AMENDMENT
Policy C-8.1: As a part of the land use
regulations to be adopted within one year of the
submission of the Plan, the City shall adopt
regulations which prohibit construction seaward
of the t~a.tal t~n.tt~ttl~n lIne and tKe erosion
control line ()S~tK as established by the
Department of Natural Resources). (c3)
40
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Comment: Delete reference to the Coastal Construction
Line. The CCCL is a line of regulation by DNR, not a line
of prohibition. The ECL is the easterly property line and
is a line of prohibition.
15. Location: P. III-F-28, Objective C-9
Change: AMENDMENT
Objective C-9:
There shall be no public expenditures that
subsidize development, except for restoration or
enhancement of natural resources, and public
beach access and use, in the Coastal High-Hazard
Area. (b5)
Comment: Housekeeping item.
16. Location: P. III-F-30, Objective D-3
change: RESCHEDULE
Objective D-3:
A post disaster redevelopment program which
addresses both immediate/short-term and long
range redevelopment shall be prepared through the
joint efforts of the Planning Department and the
offices of the City Manager and the Fire Chief.
This program shall be adopted as an amendment to
the Comprehensive Plan in FY 91/92.
Comment: Preparation of post disaster redevelopment plan
for coastal zone. FY 92/93. No work started on this.
17. Location: P. III-F-31, Policy D-4.2
Change: RESCHEDULE
Policy D-4.2: That the City's seawall ordinance
and regulations be reviewed in FY 90/91,
modifications made, and then public information
distributed to the effect of implementing an
enhanced program for seawall maintenance through
public inspection and private rehabilitation.
Comment: Revision of seawall ordinances and regulations,
implement enhanced maintenance. FY 91/92. Task not yet
assigned.
41
18. Location: P. III-F-31, Policy 0-4.3
Change: DELETION
Policy 0-4.3 The City shall seek the
designation of a "no wake" zone throughout the
entire length of the Intracoastal Waterway within
the City limits in order to:
* reduce deteriorating effects upon
seawalls and natural systems;
* provide for general water safety; and
* provide for manatee protection and
safety.
Agency contacts and development of an approach to
this situation which addresses enforcement shall
be accomplished in FY 90/91 with the Planning
Department being the lead agency and with
participation by the Police Department and Parks
and Recreation.
Comment: Intracoastal Waterway speed zones. Complete.
The Department of Natural Resources has set new speed
zones throughout City.
VII. FUTURE LAND USE ELEMENT
1. Location: P. III-G-18, Policy A-2.4
Change: REESTABLISHMENT
Policy A-2.4 Automobile uses are a significant
land use wi thin the City and as such they have
presented unique concerns. In order to properly
control these uses and guid~ them to locations
which best suit the community's future
development, the following shall be adhered to:
* Auto related uses shall not be permitted in
the CBD Zone District or within the
geographic area along Federal Highway which
extends four blocks north and three blocks
south of Atlantic Avenue.
* Automobile dealerships may locate and/or
expand west of Federal Highway, ie, or
between the one-way pair system (except as
restricted above) . Automobile dealerships
may locate and/or expand east of Federal
Highway, only north of N.E. 6th Street,
42
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except within the area lying east of Federal
Highway north of N.E. 8th Street, or parcels
fronting on N.E. 8th Street, and south of
the north border of the Flea Market
property. Within which such excluded area,
automobile dealerships may not locate or
expand. New dealerships shall not locate
nor shall existing dealerships expand south
of N.E.E 6th Street provided however, that
automobile dealerships south of N.E. 6th
street may expand onto adjacent property
which is currently in a "auto related use and
which is zoned to allow such use.
. Auto related uses which involve the
servicing and repair of vehicles, other than
as a part of a full service dealership,
shall be directed to industrial/commerce
areas.
Comment: The entire Policy was deleted in Amendment 91-l.
Maintenance portions of the Policy are reinstated.
Reference to the Land Development Regulations is included.
[LOR's Section 4.4.10]
VIII. CAPITAL IMPROVEMENTS ELEMENT
I. Location: P. III-H-18, Policy A-l.3
Change: AMENDMENT
Policy A-I. 3: The City shall continue to use
revenue bonds funded by the water and sewer fund
in order to provide for the R&R and upgrade of
critical components of the water and sewer
systems.
Comment: Use repair and replacement fund to provide for
water and sewer repair and replacement rather than revenue
bonds. Per Joe Safford, R&R fund being established
consisting of 2.5% of original asset value" or 7% of
water/sewer operating revenues. Funding source will be
water and sewer rates.
43
I
5. Location: P. III-H-19, Policy A-2.3, 3rd Diamond
Change: AMENDMENT
Policy A-2.3:
* $50,000 annually for remedial work
associated with the dune restoration
program.
Comment: capital budget set-asides for remedial needs.
Delete: $50,000 annually for remedial work. See Coastal
A-I. 3.
6. Location: P. III-H-24, Policy A-3.10
Change: AMENDMENT
.
Policy A-3.10: In order to finance needed capital
improvements as identified in this Element and
which are most appropriately paid for from
Enterprise Funds, the City shall proceed to have
a Water and Sewer Enterprise Revenue Bond issued
during FY 90/9l.
Comment: Reorient as a maintenance policy. The . . . Water
and Sewer Revenue Bond was established in 1991.
7. Location: P. III-H-24, Policy A-4.1
Change: AMENDMENT
Policy A-4.1: The City shall continue with
impact fee programs which it has established for
water, sewer and park facilities. [LDR's
Sections 5.3.1 - 5.3.4]
Comment: Add drainage - if appropriate.
IX. INTERGOVERNMENTAL COORDINATION ELEMENT
There are no amendments proposed for this Element at this time.
45
"
2. Location: P. 1I1-H-18, Policy A-2.2
Change: AMENDMENT
Policy A-2.2 The City shall establish a
"Drainage Facility Fee" which shall be used to
finance drainage improvements. This fee shall be
used exclusively for drainage projects.
Comment: Reorient as a maintenance policy given adoption
of Stormwater Utility Fee by the City in 1991.
3. Location: P. 1II-H- 111
Change: NEW POLICY
Comment: Add a policy which provides "if a CIP project
construction estimate is 50% less or greater than the
amount shown in the 5-Year Schedule, then the 5-Year
Schedule must first be amended and thus a determination of
consistency with the Comprehensive Plan (as to the project)
must be made at the time'rather than at the time of site
plan approval or bid award.
4. Location: P. II1-H-19, Policy A-2.3, 2nd Diamond
Change: AMENDMENT
Policy A-2.3:
* $200,000 for FY 89/90 through FY 91/92 to
come from the Water and Sewer Capital Fund.
This money shall be used for the extension
of water and sewer mains to inhabited,
former Enclaves which do not presently have
such service.
Comment: Capital budget set-asides for remedial needs.
$200,000 for FY 89/90 through FY 91/92 to come from the
Revenue Bonds, not Water & Sewer Capital Fund. Change in
direction from Finance.
44
,.
FUTURE LAND USE MAP AMENDMENTS
I. FUTURE LAND USE MAP AMENDMENTS
See list of 42 items provided separately for Future Land
Use Amendments.
II. CITY BOUNDARY ADJUSTMENTS PURSUANT TO ANNEXATIONS
a. Fire Station #5
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
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FROM: CITY MANAGERl
SUBJECT: AGENDA ITEM # '1.....7) - MEETING OF FEBRUARY 25, 1992
APPOINTMENT TO THE BOARD OF ADJUSTMENT
DATE: FEBRUARY 21, 1992
Due to the resignation of Robert H. Moore from the Board of
Adjustment, a vacancy has been created for a regular member to
fill the unexpired term ending on August 31, 1992.
According to the Land Development Regulations, a qualified
applicant shall be a resident of, or own property in the City,
and/or own a business within the City.
The following individuals have expressed an interest in being
appointed to the board and have submitted their resumes for
consideration:
Dorothy Patterson (currently serving as an alternate
on the Board of Adjustment)
Donald Allgrove
Mark David
Edward J. King
Leo Koppman
Rosalind Murray
Michael G. Park
Joseph Pike
Michael P. Shalvoy
Sidney Soloway
William Stone
Leonard Syrop
Horace Waldman
Based upon the rotation system, the appointment is to be made by
Commissioner Alperin (Seat #2).
Pursuant to Commission direction, a check for code violations and
property liens has been conducted. According to City records,
none of the applicants has any outstanding violations.
Recommend appointment of a regular member to the Board of
Adjustment to fill an unexpired term ending on August 31, 1992.
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LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
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GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
~~F e-m p t..tJ./ E1J - A-trna AJ ~ Y
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
UO L ll..e"'l> (-oft Oil efl. IQ Vlc~J IIV t:.ON rT~UC rlCJrJ
I '" 0 II I'm", "..,./1 0 cJ' I:} f IJ trt It 'tf WJNDc.Jw ~ UJ/f\Jt S r . I+~NO l ~
,
~ (#fT"A-"'" 'TlllJ.tVSA ~ r leJrJf
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRCE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~-~ I cl - ") 0 -1 /
SIGNATURE DATE
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MICHAEL GERARD PARK
3753 LOWSON BOULEVARD
DELRAY BEACH, FL 33445
(407) 496-6266
LEGAL EXPERIENCE
MICHAEL G. PARK, P.A. - Delray Beach, Florida
ATTORNEY AT LAW, May 1991 to present
- General business counsel, purchase and sale of businesses,
collections, circuit and county civil actions, real estate,
traffic and other matters
LEVINE & GEIGER, P.A. - Miami, Florida
ASSOCIATE ATTORNEY, January 1991 to April 1991
- corporate, partnership and small business counsel
- Counsel to Bank Board of Directors
KIMBRELL & HAMAAM, P.A. - Miami, Florida
SUMMER ASSOCIATE, 1989
BUSINESS EXPERIENCE
T.N. BUILDING PRODUCTS COMPANY - Pompano Beach, Florida
PRODUCTION CONTROL, Summers 1987-1989, June-December 1990
ACCOUNTING, Summer 1986
ASSISTANT PLANT MANAGER, Summers 1983-1985
BIG HELP, INC. - Delray Beach, Florida, 1987-1988
PRESIDENT, Computer programming and office systems integration
EDUCATION
GEORGETOWN UNIVERSITY LAW SCHOOL - Washington, D.C.
JURIS DOCTOR DEGREE, May 1990. G.P.A. 8.38/12.00 (B/B-)
ACTIVITIES:
Georgetown Law & Business Society, Chairman 1989
LOYOLA UNIVERSITY - New Orleans, La.
B. B.A. - Management and Marketing, Cum Laude, G.P.A. 3.56/4.00
ACTIVITIES:
Presidential Scholar
Beta Theta Pi Fraternity, President, 1986: Treasurer, 1985
PERSONAL
DATA:
Born March 18, 1964, Fort Riley, Ks.
Delray Beach resident since 1973
HOBBIES:
Scuba Diving, Tennis, Golf, and Computers
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 25. 1992 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
E. SERVICE AUTHORI ZATION NO. 2/MOCK ROOS AND ASSOCIATES:
Approve Service Authorization No. 2 in an amount not to exceed
$113,600 for engineering services to study, survey, prepare
preliminary designs, contract documents, assist in bidding and
contract negotiation, and construction services for the
regrading, resurfacing, reconstruction and utility improvements
required on roads in Tropic Palms (Dotterel Road, Albatross
Road and Eagle Circle) and the Southwest service areas of the
Ci ty , in conjunction with the Road Reconstruction proj ect.
This is a Decade of Excellence Bond Project. Funding is
available in Decade of Excellence Street Reconstruction
(Account No. 225-3162-541-61.17). City Manager recommends
approval.
F. SERVICE AUTHORIZATION NO. 2/MICHAEL B. SCHORAH AND
ASSOCIATES: Approve Service Authorization No. 2 in an amount
not to exceed $49,109.50 for engineering services to study,
prepare preliminary designs and contract documents, assist in
bidding and contract negotiations, and construction services
for the regrading, resurfacing, reconstruction and utility
improvements required on roads in the Northeast and Southeast
service areas of the City in conjunction with the Road
Reconstruction Project. This is a Decade of Excellence
Bond Project. Funding is available in Decade of Excellence
Street Reconstruction (Account No. 225-3162-541-61.17). City
Manager recommends approval.
G. REOUEST FOR A SPECIAL EVENTS PERMIT: Approve a request
from the Atlantic Avenue Association for a special events
permit to display arts and crafts on the sidewalks along East
Atlantic Avenue, between N.E. 3rd and N.E. 6th Avenues, on
March 6 and 7, 1992, in conjunction with the Second Annual Arts
and Crafts Show. City Manager recommends approval.
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Agenda Item No.:
AGENDA REQUEST
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Date: .,--
Request to be placed on: 2/.:Jlf'/92
-L- Regular Agenda ____Special Agenda ____workshop Agenda
When:
Description of agenda item (who, what, where, how much)_
The Environmental Services Department requests service authorization no. 2 to Mock,
Roos & Associates to perform phases I - V (Study, Surveying, Preliminary Design,
Contract Documents, Bidding/Negotiation, Construction Services) as outlined in the
General Contract (Sept. 16, 1991). These services are for the Decade of Excellence
Road Reconstr. Project. Total not to exceed fee of $113,600. City Exp. Code 225-3162-541-61.17.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval. till
Department Head Signature: #14Mr>,..,,~~tl~ I/:Zr,l/r~
Determination of Consi~tency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving
expenditure of funds):
Funding available: ~NO
Funding alternatives (if applicable)
Account No. & Description 22S 3/.1:,2..- S11 '117 .J"Ao.€.. - STt1.EE/~N.
Account Balance ~ 1,032.?9 /
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City Manager Review:
Approved for agenda: @/NO (Jr/!
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
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MOCK, ROOS & ASSOCIATES, INC.
CITY OF DELRA Y BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: February 21. 1991
SERVICE AUTHORIZATION NO. --L FOR CONSULTING SERVICES
CITY P.O. NO. CITY EXPENSE CODE
PROJECT NO.: (CITY) 92-113 (MOCK, ROOS & ASSOCIATES, INC.)
TITLE: STREET IMPROVEMENTS
This Service Authorization, when executed, shall be incorporated in and shall become an
integral part of the Contract, dated 9-16-91 , between the City of Delray Beach and
Mock, Roos & Associates, Inc.
r. PROJECT DESCRIPTION
Professional services in connection with street, drainage and utilities improvements
in the locations shown on Exhibit A.
II. SCOPE OF SERVICES
Phase I - To be included in this Service Authorization. The Consultant will
coordinate with the City Engineering Division to finalize the streets to be improved
and determine what level of improvements will be necessary.
Phase II - To be included in this Service Authorization for the locations indicated
in Exhibit A and any additional locations mutually agreed upon by the City
Engineering Division and the Consultant. This phase will also include surveying
services as outlined in Exhibit B.
Phase III - To be included in this Service Authorization.
Phase IV - To be included in this Service Authorization. May include two
construction contracts. Additional construction contracts may be mutually agreed
upon by the City Engineering Division and the Consultant.
Phase V - To be included in this Service Authorization. The number of hours to
be provided by the Consultant shall be limited to those hours shown in Exhibit C
unless additional hours are mutually agreed upon by the City Engineering Division
and the Consultant.
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III. BUDGET
Compensation for these services shall be on an hourly rate with a not to exceed
amount of $113,600.00. See Exhibit C for detailed estimate.
IV. COMPLETION DATE
The time for completion of Phases I, II and III shall be the following number of
calendar days from the approval of this Service Authorization:
1. 60 days for a group of first priority locations within Exhibit A as directed by
the City Engineering Division.
2. 120 days for the remaining locations on Exhibit A.
Time for completion of Phase IV shall be 60 days from the date of advertising for
construction contractors.
Time for the completion of Phase V shall be 120 days from the issuance of Notice
to Proceed to the contractor.
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 is its sole discretion is
unsatisfied with the services provided in the previous phase or service authorization, the
City may terminate the contract without incurring any further liability. The CONSULTANT
may not commence work on any service authorization approved by the City to be included
as part of the contract without a further Notice to Proceed.
Approved by:
CITY OF DELRAY BEACH: MOCK, ROOS & ASSOCIATES, INC.
Date
Thomas E. Lynch
Mayor
2
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Attest: BEFORE ME, t~regoing instrument,
this ;(/Af day I-1L~ 1992, was
acknowledged by 4-. <!! . '. on
behalf of the Corporation and said
Approved as at Legal person executed the same free and
Sufficiency and Form voluntarily for the purpose therein
expressed.
Witness by hand and seal in the County
-;/J.nd State aforesaid this ;;I...o~ day of
- ~ (O/"V' ,1992
0
My Commission Expires:
NOTARY !tUBtle. STATE OF FlOIt1DA..
Ml' COMN!SSIOH UPllt'S: JAIl. 7. 11194.
10Noso TkRU NOTA"Y PUBLIC UND~"W'UT.ER'"
3
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EXHIBIT A
PROJECT LOCATIONS
. 1st Avenue Southwest - Atlantic to 1st Street.
. 2nd Avenue Southwest - 1st Street to 4th Street.
. 15th Avenue Southwest - 2nd Street to 3rd Street.
. 2nd Avenue Southwest - 8th Street to 8th Court.
. 9th Street Southwest - 4th Avenue to 6th Avenue.
. 6th Avenue Southwest - 9th Street to 10th Street.
. 7th Street Southwest - 15th Avenue to 17th Avenue.
. 8th Street Southwest - 10th Avenue to 12th Avenue.
. 11th Avenue Southwest - 8th Street to 10th Street.
. 10th Street Southeast - East of 7th Avenue.
. 4th Avenue Southwest - Transfer Station to the south.
. Dotterell - Lindel to the east.
. Albatross - Curlew to Iris.
. Eagle Circle
02/20/92
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EXHIBIT B
SURVEYING SCOPE OF WORK
The Scope of Work shall include the following surveying services:
1. Field Topography and Tie-in of all existing improvements within the right-of-way
including the beginning and terminal intersections of the road segments to be
reconstructed w /topography to extend 25' beyond right-of-way /limits of project.
2. I" = 20' scale drawings on City-furnished mylars showing field information including
but not limited to:
. Topographic elevations at 50' intervals to depict center line grade, edge of
pavement grade, location and grade of swale center line and right-of-way,
including cross-section @ all P.C./P.T. of Intersection and Center Line P.I.
. Location and dimensions of existing roadway, pavement, driveways, sidewalks,
curb, etc. Distance/off-set relative to property line, including P.C./P.T. of
intersection returns.
. Location of existing utilities and drainage facilities with pipe diameter,
direction and invert elevations, rim/grate elevation of all storm, sanitary,
other accessible structures (except Florida Power & Light/Southern Bell).
. Location of all trees, shrubs, mailboxes, signs, trees, power poles, fences and
other encumbrances found within the right-of-way.
. Provide bench marks at 600' intervals maximum.
3. AIl labor, equipment and materials necessary to furnish the above described
complete base map survey drawings.
Base map to include bearings/distances, curve data on all base lines.
02/20/92
or
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Agenda Item No.:
AGENDA REQUEST ~;
Request to be placed on: Da te: 2 /.2;ff/ 9 2
X Regular Agenda ____Special Agenda ____workshop Agenda
- When:
Description of agenda item (who, what, where, how much) The
Environmental Services Department requests Service Authorization 2 to
Michael B. Schorah and Associates to perform Phase I-V (study, prelimi-
naryDesign, Contract Documents, Bidding/Negotiation, Construction Ser-
vices) as outlined in the General Contract (July 1991). Total not to
exceed fee of $ 49,109.50. City Expense Code 225-3162-541-61.17.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval. fj7(
Department Head Signature: f/J1I&-o-",",~ 12<(;47
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving.
expenditure of funds): ~/NO
Funding available:
Funding alternatives (if applicable) ~
Account No. & Description US 31hZ- Slf/ 6/. / 7 1>.C>.t. - S~f <-ol\!
Account Balance h /,03'2-, ''J,
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City Manager Review:
Approved for agenda: ~/NO vf/1
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved/Disapproved
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FEB-2 1 -'32 F F.: I 1 E. : C1::=: Schorah&Associates P.C12/10
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MICHAEL B. SCHORAH AND ASSOCIATES, INC.
CITY OF DELRAX BEACH
CONSUL'l'ING SERVICE AUTHORIZATION
DATE: February 21, 1992
SERVICE AUTHORIZATION NO. 2 FOR CONSULTING SERVICES
CI'rY P.O. NO. CITY EXPENSE CODE
PROJECT NO.92-002(CITY) 92-713 MICHAEL E. SCHORAH & ASSOC., INC.
TITLE: Road Reconstruction ProJects - Capital Improvements
This Service Authorization, when executed, shall be incorporated
in and shall become an integral part of the Contract, dated
July, 1991 , between the City of Delray Beach
and Michael B. SchQrah and Associates, Inc.
I. PROJECT DESCRIPTION
Provide complete Engineering S~rvices for the preparation of
contract drawings, technical specifications and obtaining
related approvals for the regrading, resurfacing,
reconstruction and utility improvements required on roads in
the Northeast and Southeast Service Areas of the City of
Delray Beach. These roads being the facilities as outlined
in the City's Capitol Improvement Plan and as identified in
meetings with the City's Engineering Department.
II. SCOPE OF SERVICES
Provide services in accordance with phases I thru V as
outlined in the General Consulting Agreement. Details of the
Tasks to be performed are outlined in Exhibit I A I.
III. BUDGET
It is proposed that the work provided under this contI'act
will be done on a time and materials basis with a not to
exceed maximum fee of $49,109.50. These budget figures are
based on the road sections reviewed with the City Engineering
Department and noted in Exhibit I B I. A breakdown of the
costs by Task is included in Exhibit 'C' .
IV. SCHEDl)LE
It is proposed that the project be broken into ( 3 ) three
phases. These phases being, grouped by construction tasks,
are: -eo9r
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FE::.:.E:--21 -"S':2 F-F: I 16:C1::;:' SGhor.~I-,(::Assoc.iates F". ~::':1:3_/ 1 0
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City of Delray Beach
February 21, 1992
Page 2
Phase I - Roads to be overlaid and/or regraded only
Phase II - Roads to be reconstructed (including any
drainage improvements)
Phase III - Roads to be reconstructed with utility
improvements.
Based on the phased breakdown the Schedule will be:
Phase I - Task I - Feb. 26th ~ March 3 , 1992
Task II - Feb. 26th - March 10, 1992
Task III - March 11th - March 13, 1992
Task XV - March 16th - March 20, 1992
Task V"............................. * (Note 5)
l. Task I - Surveyi~g is for those sections of roadway
not previously surveyed (under separate contract) and
will commence upon receipt of Notice to Proceed from
the City.
? Task II - Will commence upon receipt of Notice to
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Proceed on those roads previously surveyed and will
proceed with those roads noted in Task I upon receipt
of that documentation.
3. Task III, for this phase, will be review and
approvals with the City Engineering Department.
4. Task IV is the time for document preparation and cost
estimates. ~he bidding time and Notice will be done
in accordance with City procedures and time frames.
5. Task V will commence upon issuance of a Notice to
Proceed to a Contractor by the City. Construction
time to be established as part of Task IV.
Phase II - Task I - March 4th - March 10, 1992
Task II - March 11th - March 30, 1992
Task III - March 31st - April 6, 1992
Task IV - April 7th - April 13, 1992
T ask V......."..... _9 . . . . " .. . . . .. . .. " " . . *
The same general notes that wero included in Phase I will
apply to this phase.
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FEB--21 -'=~2 F F-: I 1 E. : 1-21 '::-=- SChorah&Ass.ociates
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City of Delray Seach
February 21, 1992
Page 3
Phase II! - Task I - March 11th - March 17, 1992
Task IX - March 31st - April 20, 1992
Task III - April 21st - May 11, 1992
Task IV - May 12th - May 18, 1992
T as k V...""...... III . .. . . . . . . . . . . . . . . . . *
1. Task I - Same note as Phase I.
:2 . Task II - Same note as Phase I
3. Task III - includes the estimated time of review and
approval that the Palm Beach County Health Department
require after approval by the City Utilities Depart-
ment (water utility reconstruction).
4. Task IV - will proceed with quantities, cost
estimates and bidding following completion of Task
III. Bid receipt and award notices will be
contingent upon receipt of Health Department permits.
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FE1:::-2 i -':0'2 I" ""': 1. 1 t:;;. : ~...:."1 ':'::' SC~IOt-al-I:~AsSoCiQ~es
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City of Delray Beach
February 21, 1992
Page 4
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 service provided in the
previous phase or Service Authorization, the City may terminate
the contract without incurring any further liability the
CONSlTLTANT may not commence work on any Service Authorization
approved by the City to be included as part of the contract
without a further notice to proceed.
Approved by:
CITY OF DELRP.Y BEACH: MICHAEL B. SCHORAH & ASSOC., INC.
Date Date FG.:6 '2/"!:>7 1992.-
By U~"'~ t3.Vc/.N1lL-..
Mic ael B. Schorah, P.E.
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Title: President "
Thomas E. Lynch ~ -
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Mayor -
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(C.oRPORATl:l~ ~~~) "::~ ",
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ATTEST:
BEFORE ME, the foregoing instru-
ment, this cf:1/ '~ day.., of
PEA~//~tR y ,~"".1~-92,_.
Approved as to Legal was acknowledged by ./ ~_
/'7/ ,e// /)c~t... SC'/V /2/:'...1 /~ " _
Sufficiency and Form on behalf of the Corpo~ation and
said person executed t~e same
free and voluntarily foi~the ~~ -
purpose there-in expressed,
-
Witness my hand and seal in the
County and State aforesaid this
...:ij ~ day 0 - z:[-- , 1992.
Notary Public
State of Florida
My Commission Expires:
Notary Public. Sfutl of Jtorldd
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EXHIEIT lA'
TASK SUMMARY
TASK I. SURVEY
A. Field Work
The following survey items will be provided on roads
included in the northeast and southeast service areas
that have not been previously surveyed for this project
or are not being surveyed currently under separate
contract to the City. Surveys for roads being provided
under separate contract will be supplied to the Engineer
by the City.
1. Field Topography and Tie-in of all existing
improvements within the right-of-way including the
beginning and terminal intersections of the road
segments to be reconstructed w/topography to extend
25' beyond right-of-way/limits of project.
2. 1" ; 20' scale drawings on City-furnished mylars
showing field information inClUding but not limited
to:
- Topographic elevations at SQ' intervals to depict
center line grade, edge of pavement grade,
location and grade of swale center line and
right-of-way, including Cross-section at all
P.C./P.T. of Intersection and Center line P.I.
- Location and dimensions of existing roadway,
pavement, driveways, sidewalks, curb, etc.
Distance/off-set relative to property line,
including P.C./P.T. of intersection returns.
- Location of existing utilities and drainage
facilities with pipe diameter, direction and
invert elevations, rim/grate elevation of all
storm, sanitary, other accessible structures
(except Florida Power and Light/Southern Bell).
- Location of all trees, shrubs, mailboxes, signs,
trees, power poles, fences and other encumbrances
found within the right-of-way.
- Provide bench marks at 600' intervals maximum.
3. All labor, equipment and materials necessary to
furnish the above described complete base map survey
drawings.
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F~B-21-~L ~kl lb:l~ ~chorQh~ASsocIQ~es ~-~~/1~
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EXHIBIT 'At
CONTINUED
Base map to include bearings/distances, curve data on
all base lines.
TASK II. ROAD DESIGN
Engineering services will include the design and
specification of the paving, drainage and utility
modifications related to the above sections of road.
Work will include water main installation, drainage
modifications and paving reconstruction or resurfacing
as required.
Plan sheets to be provided will include:
Plan and Profile (1" = 20')
Typical Sections
Signing and Markings
Details and Specifications
Intersections and Geometric Design as necessary
Cross Sections if necessary
TASK III. PERMITS AND APPROVALS
Prepare permit applications and obtain required
approvals.
TASK IV. CONSTRUCTION DOCUMENTS
Plans shall be prepared at 1" = 20' scale and include
relevant information and details. Prepare a Summary of
Quantities and a cost estimate based on current
construction prices. Prepare contract documents and
technical specifications suitable for bidding purposes.
This project will be broken down into 2 to 3 phases and
separate bid documents prepared for each phase. City
will provide standard document forms.
Prepare bid notices and coordinate bidding of project
with City and contractors. Attend bid opening, tabulate
and review bids and prepare recommendation for award of
contract.
TASK V. CONSTRUCTION OBSERVATIONS AND CERTIFICATIONS
Provide observations during construction to determine
construction compliance with the plans and contract
documents. Certify to the permitting agencies as
required and furnish accurate record drawings.
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FE.f::-21. -'92 F F-: I 16:11 Schol-ah&Associates
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EXHIBIT 'BI
SECTIONS OF ROAD IN THE NORTHEAST AND SOUTHEAST
SERVICE AREAS OF THE CITY OF DELRAY BEACH
LD. PROJECT LENGTli LIMITS
===~~==~========~~==========~======~======-===~==-===~=-==~~=~==~
50 Waterway Lane 550' Andrews Avenue to West End
52 Lowery Street 1350' ICWW to Andrews Avenue
19 NE 3rd Street 550' NE 2nd Ave. to Railroad
57 Azalea Road 405' Seagate Drive to Seagate
42 SE 5th Street 470' SE 3rd Ave. to Raillioad
41 SE 4th Avenue 1300' Atlantic AVe. to SE 2nd St.
44 SE 3rd Street 550' US 1 to ICvm
47 Vista Del Mar 1200' Andrews Ave. to ICWW
51 Andrews Avenue 350' NE 8th Street to North End
38 SE 2nd Street 240' SE 3rd Ave. to Railroad
54 Gleason Street 700' Atlantic Avenue to Miramit
48 Bronson Avenue 560' Atlantic Avenue to South End
49 Nassau Street 550' AlA to Gleason Street
56 Lewis Cove 8551 AlA to West End
25 Oleander Lane 350' Eucida Road to Melaleuca
58 Thomas Street 1320' AlA to ICWW
46 Seabreeze Avenue 1560' Atlantic Avenue to North End
53 Basin Drive 720' Seabreeze to Lowery Street
18 NE 1st Ct. 320' NE 7th Avenue to East End
23 NE 7th Avenue 750' Atlantic Avenue to NE 1st St.
20 NE 3rd Street 300' NE 8th Avenue to palm Trail
38 SE 3rd Street 300' SE 4th Avenue to SE 5th Ave.
59 Salina Avenue 560' Atlantic Avenue to South End
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FEE:-21 -92 F F-: I 16:12 Schorah&Associates P. O'~""'1~3
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EXHIBIT Ie'
COST BREAKDOWN
TASK I - FIELD WORK
P.L.S 6 hrs x $70.50 :: $423.00
Eng. Tech IV 33 hrs X $54.00 = $1,782.00
Compo Tech 16 hrs X $46.50 = $744.00
3-Man Crew 45 hrs X $84.00 = $3,780.00
Secretarial 4 hrs X $30.00 = $120.00
TOTAL TASK I... $ 6,849.00
TASK II - ROAD DESIGN
Principal 8 hrs X $117.00 = $ 936.00
Eng. II 100 hrs X $ 64.50 = $6,450.00
Compo Tech 90 hrs X S 46.50 1': $4,185.00
Eng. Tech IV . 150 hrs X $ 54.00 = S8,100.00
Eng. Tech III 56 hr$ X $ 45.00 = $2,520.00
Secretarial 15 hrs X $ 30.00 ;;: $ 450.00
Printing ::: $ 150.00
TOTAL TASK II $22,791. 00
TASK III - PERMITS AND APPROVALS
Eng. II 15 hrs X $ 64.50 = $ 967.50
Eng. I 8 hrs X $ 45.00 :::: $ 360.00
Secretarial 8 hrs X $ 30.00 ;:<i $ 240.00
Printing = $ 75.00
TOTAL TASK III $1,642.50
TASK IV - CONSTRUCTION DOCUMENTS
Eng. II 15 hrs X $ 64.50 = $ 967.50
Eng. r 22 hrs X $ 45.00 = $ 990.00
Inspector 5 hrs X $ 42.00 = $ 210.00
TOTAL TASK IV $2,167.00
"'
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EXHIBIT 'e'
CONTINUED
TASK V - OBSERVATIONS AND CERTIFICATIONS
Eng. II 10 hrs x $ 64.50 = $ 645.00
Eng. I 16 hrs x $ 45.00 = $ 720.00
Eng. Tech III 21 hrs X $ 45.00 = $ 945.00
Inspector 210 hrs X $ 42.00 =; $8,820.00
3-Man Crew 45 hrs X $ 84.00 = $3,780.00
Secretarial 20 hrs X $ 30.00 = $ 600.00
Printing = $ 150.00
TOTAL TASK V ... $15,660.00
Travel Expenses: NO CHARGE
Testing: Testing may be required on various items throughout
the design and construction period. The Engineer
will prepare necessary information and provide it
to a City~approved testing firm. The City will be
billed directly by the testing firm for testing
services provided.
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. Agenda I tem No.:
AGENDA REQUEST
Date: 2/24/92
Request to be placed on:'
Regular Agenda Special Agenda Workshop Agenda
When: 2/25/92 X Consent Agenda
Description of agenda item (who, what, where, how much):
2nd Annual Spring Arts and Crafts Show
March 6-7, 1992
East Atlantic Avenue betwwen NE Third Ave and NE Sixth Ave
9' 0 am - 5:00 m
ORDINANCE/ RESOLUTION REQUIRED: YE Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: '~m~,
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: KES); NO lr;J)
Hold Until: '- " !
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~
SUBJECT: 2ND ANNUAL SPRING ARTS AND CRAFTS SHOW
- ---
DATE: FEBRUARY 24, 1992
ITEM BEFORE THE COMMISSION:
- -
The Atlantic Avenue Association is requesting City Commission
approval to hold the 2nd Annual Spring Arts and Crafts Show
beginning Friday, March 6th through Saturday, March 7, 1992.
BACKGROUND:
The arts and crafts exhibits will be displayed on the sidewalks
of East Atlantic Avenue from NE 3rd Avenue to NE 6th Avenue from
9:00 am to 5:00 pm. This event was approved by the Commission
last year and was held from May 1st through May 2nd, 1991. A
certificate of insurance naming the City as additional insured
will be provided.
RECOMMENDATION:
The Department of Community Improvement recommends City
Commission approval for the 2nd Annual Springs Arts and Crafts
Show from March 6th through March 7th, 1992.
LB:DQ
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Chamber.CC
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Atlantic Avenue ~~
Stnbll an 64 SOUTHEAST FIFfH AVENUE. DELRAY BEACH, FL 33483 · 4071278-0424
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R:ECEIVEIJ
February 17, 1992 FEB 1 9 199J/
cln MANAGER'S OFFICE.
David Harden, City Manager
City of De~ray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Harden:
The Atlantic Avenue Association requests authorization to hold an
arts and crafts exhibit on the sidewalks of East Atlantic Avenue
between East Third and East Sixth Avenues on Friday and Saturday,
March 6th & 7th. The title of this event is the Second Annual
Spring Arts and Crafts on the Avenue and the hours will be 9:00
a.m. - 5:00 p.m. The event was held last year on May 1 and 2.
As in all other events, a Certificate of Insurance naming the
City as additional insured will be issued for these dates and
forwarded to the City Attorney's office.
Should you have any questions, please feel free to contact me at
278-0424. - "':
Yours truly,
!!:th~!::!r::/~i
Community Development Director
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PLANNING AND ZONING BOARD MEMORANDUM id 31
TO: MAYOR & CITY COMMISSIONERS f~ uP' ~
CITY OF DELRAY BEACH L~~
T. HARDEN, CITY MANAGER
FROM: ID J. ~V~D~
DEPARTMENT OF PLANNING AND ZONING
DATE: FEBRUARY 25, 1992
SUBJECT: WATERFORD D.R.I. - SUBSTANTIAL DEVIATION
PLANNING AND ZONING BOARD RECOMMENDATION
At its meeting of last night (February 24th) , upon a request
from the petitioner for a postponement, the Board on a 7-0
recommended as follows:
* that a continuation be granted regarding the determination
of "substantial deviation" with the understanding that
there be no further activity on the accompanying petition
(SAD and site plan) eeSlir until the "substantial deviation"
issue is resolved (i.e. is reviewed by P&Z and action taken
by the City Commission).
Prior to the action by the Board, the following points were
aired:
* the applicant noted that the request for continuance was
his and that any resulting time constraints are problems he
must deal with;
* the Director noted that with further continuation, it is
not possible to accommodate the applicant's early request
for "fast tracking" to meet a November store opening;
* the applicant's attorney stated that resolution of the
"substantial deviation" issue in no way affects the ability
to consider the total range of issues associated with the
totality of the D.R.I. as the City later addresses the
proposed changes through the S.A.D. modification and site
plan approval process.
* the decision on the "substantial deviation" determination
rests with local government with the ability of DCA and
TCRPC to appeal action on any resulting development order,
provided that they participate in the public hearing.
'.
.
To: Mayor & City Commission
Re: Waterford D.R.I. - Substantial Deviation
Planning and Zoning Board Recommendation
February 25, 1992
Page 2
Suqqested manner of proceedinq:
Representatives of the Department of Community Affairs (DCA) and
Treasure Coast Regional Planning Council (TCRPC) are to be
present at this public hearing. The public hearing should be
held and testimony taken. The information described above
should be aired and understood.
A decision on this subject should be deferred to a time certain.
The meeting of March 24th is suggested since it follows the next
scheduled P&Z Board meeting and allows sufficient time for DCA
and TCRPC to provide formal letters regarding their positions on
the issue.
c:
~11.4vJln l'rc!t:le.",,!ar-Harty, City Clerk
Jeff Kurtz, City Attorney
Alan Ciklin, Applicant's Attorney
John Walker, Project Coordinator (City)
Project File
I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ -;'j
SUBJECT: AGENDA ITEM i 1M - MEETING OF FEBRUARY 25. 1992
DETERMINATION OF SUBSTANTIAL DEVIATION
DATE: February 21, 1992
This item is before you to determine whether the addition of
Builder's Square to the Delint/Waterford DRI consti tut~s a
substantial deviation from the approved Development of Regional
Impact ( DRI ) . The issue before the Commission is not the site plan
for Builder's Square, or whether the Builder's Square would be an
appropriate land use at the proposed location. The issue at this
hearing is whether adding the Builder's Square and deleting certain
other land uses constitutes a "substantial deviation" from the
approved plan for this Development of Regional Impact.
The original project included three uses: a large core office park
flanked by a hotel and residential development. It was conceived as
a large employment center. The approved residential units have been
completed; however, neither the office nor hotel development have
been pursued in the seven years since the DRI was approved. The
latest development proposal deletes the hotel and halves the office
square footage in order to accommodate a retail use.
The proposed changes involve:
-the elimination of the hotel;
-the reduction of the office/research land use by 29 to 55%;
-the addition of a single tenant 107,000 square foot retail use
(Builder's Square); and,
-re-distribution of traffic with a greater emphasis upon the
Waterford Place/Linton intersection.
The Planning and Zoning Director, pursuant to delegated authority,
has determined that the proposed changes are presumed to constitute a
substantial deviation, and as such, are subject to further
development of regional impact review. The City Attorney's Office is
still reviewing this matter and will present an opinion at your
Tuesday evening meeting.
The Planning and Zoning Board will review this item at their
February 24th meeting and will present its findings and
recommendations at the February 25th regular meeting. A detailed
staff report is attached as backup material for this item. The
correspondence referred to in the staff report is available in the
Planning Department if Commissioners wish to review it in detail.
--
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C I T Y COM MIS S ION DOC D MEN TAT. ION
TO: T. HARDEN, CITY MANAGER
j~
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 25, 1992
DETERMINATION OF SUBSTANTIAL DEVIATION, WATERFORD DRI
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
making a determination as to whether or not proposed
changes to the DELINT/WATERFORD D.R.I. constitute a
"substantial deviation" and, thus, require further
development of regional impact review.
The proposed changes involve:
* the elimination of the hotel
~ the reduction of the office/research land use by 29 to
55%
* the addition of a single tenant 107,000 sq.ft. retail
use (Builder's Square)
* re-distribution of traffic with a greater emphasis
upon the Water ford Place/Linton Boulevard
intersection.
BACKGROUND:
Please refer to the Planning and Zoning Board staff report which
thoroughly describes the subject matter, relates the
communications which have occurred between the applicant and the
staff, and which provides an analysis of the situation.
The action before the Commission is not a decision upon the
Builders Square site plan but is upon the procedure to be
followed and the items to be addressed in review, analysis, and
decision-making as it pertains to the proposed changes
(identified above).
It has been determined by the Director of Planning, pursuant to
1elegated authority, that the proposed changes are presumed to
constitute a substantial deviation to the previously approved
D.R.I., and as such, they are to be subJect to further
<,
City Commission Documentation
meeting of February 25, 1992
Determination of Substantial Deviation, Water ford DRI
Page 2
development of regional impact review. This presumption may be
"rebutted by clear and convincing evidence". Arguments raised
by the applicant are addressed in the attached P&Z Board staff
report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board was to have reviewed this item at
its meeting of February 10th; however, the applicant sought a
postponement. Thus, the Board will prepare its recommendation on
Monday, February 24th and it will be presented at the City
commission meeting.
RECOMMENDED ACTION:
A public hearing must precede action.
By motion, take an action as recommended by the Planning and
Zoning Board unless evidence is presented which negates the
basis for their recommendation.
Attachment:
* P&Z Staff Report & Documentation of February 25th and
February 10th (includes all background letters received as
of February 19th)
T:CCDRI.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: FEBRUARY 24, 1992
AGENDA ITEM: IV.A. Determination of Substantial Deviation,
DELINT/WATERFORD D.R.I.
ITEM BEFORE THE BOARD:
The item before the Board is that of makinq a
recommendation to the City Commission as to whether or not
proposed changes to the DELINT/WATERFORD D.R.I. constitutes
a ~'substantial deviation" and, thus, requires further
development of regional impact review.
The action before the Board is not a decision upon the
Builders Square site plan but is upon the procedure to be
followed and the items to be addressed in review, analysis,
and decision-making as it pertains to the proposed changes.
BACKGROUND:
This item was before the Board on February 10th, but was
postponed by the request of the applicant. A public hearing on
the determination is set before the City Commission on Tuesday,
February 25th.
Subsequent to February 10th, I have communicated to the D.C.A.;
the City Attorney and the applicant's attorney have
corresponded. These communications were focussed upon what can,
and what cannot, be used as a criteria for determining
substantial deviation. The City Attorney is still deliberating
his position. However, the applicant's attorney in his letter
of February 12th concurs with the Director's position that the
substantial deviation issue can be addressed by Subsections
(a), (b13) (bI5-17), (c), and (e).
As stated in our previous staff report, we have cited
the following subsections:
* (a) a "reasonable likelihood" of additional regional
impact;
* (b15) a greater than 15% change in the increase of
vehicle trips using Waterford Place and its
intersection with Linton Boulevard;
* (e)(3) the addition of a new land use;
* (e)(4) consideration of previous changes;
"
P&Z Staff Report
Determination of Substantial Deviation, Delint/Waterford D.R.I.
Page 2
* (e) (Sa) an impact of greater than lS% upon the land area
of the original D.R.I.;
* ( e) (5c) simultaneous increase and decrease of land uses.
Based upon the above, I have determined pursuant to delegated
authority, that the proposed changes are presumed to constitute
a substantial deviation to the previously approved D.R.I., and
as such, they are to be subject to further development of
regional impact review. This presumption may be "rebutted by
clear and convincing evidence". Arguments raised by the
applicant are addressed in the previously distributed Planning
and Zoning Board staff report.
RECOMMENDED ACTION:
By motion, recommend one of the three actions as presented on
pages 12 and 13 of the February 10th staff report.
Attachments:
* Kovacs letter of 2-10-92 to D.C.A.
* Ciklin letter of 2-12-92 to Kurtz (City Attorney)
· Ciklin lette~~2 to Kovacs
Report prepared by ,~ ~u~
T:PZDRI.DOC
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TREASURE COAST REGIONAL PLANNING COUNCIL
, MEMORANDUM
,
To: Council Members AGENIY\ ITEM 5B
From: Staff
. Date: February 21, 1992 Council Meeting
Subject: Waterford Place Development of Regional Impact
Proposed Change to the Development Order
Backaround
council has received a notice of proposed change to the
Development Order for the Waterford Place Development of
Regional Impact (DRI) (location map attached). The proposed
change:
1) deletes all approved hotel use:
2) reduces the amount of office from 811,736 square
feet to 446,300 square feet:
3) adds 107,000 square feet of retail use, and:
4) shifts some project traffic from SW lOth Avenue and
Lindell Boulevard to Waterford Place Road.
Analysis
The original project included three uses: a large core
office park flanked by a hotel and residential development.
It was conceived of as a large employment center. The
approved residential units have been completed, but neither
the office nor hotel development have been pursued in the
seven years since the DRI was approved. The project is now
proposing to undergo a substantial change in nature with
deletion of the hotel and approximate halving of the office
square footage in exchange for adding retail use.
When originally approved, SW 10th Avenue served as this
project's sole access to Linton Boulevard. The project
design was changed in November, 1989, to provide the hotel
parcel with a separate access to Linton Boulevard,
connecting at the Germantown Road intersection. Al though
- this change routed a portion of the project's traffic closer
, . ~
to the I-95 interchange, it was not considered to be a
significant enough change by itself to warrant substantial
deviation review.
Just Wior to modification of site access, two adjacent
parcels (i.e., Linton Center and Linton Retail on the
attached map) were proposed to be separately developed as a
combination of office and retail. These parcels were owned
by the same developer, but a non-binding determination was.
made by the Department of Communi ty Affairs (DCA) that'
these parcels were SUfficiently separate from the original
DRI to allow them to be developed as separate non-DRI
'. proj ects .
The current proposal to add retail, in combination with the
November, 1989, change in access to the property creates a
probability of significant impacts to Linton Boulevard and
the I-95 interchange that were not previously reviewed. One
\ of the Regional concerns raised by changes in land uses is
maintenance of adopted level of service (LOS) standards for
affected regional roads. In this case, Linton Boulevard and
I-95 are the regional roads affected by project development.
Linton Boulevard currently functions at an acceptable level
of service, but does not have the capacity to accommodate
the newly proj ected trips from the DRI and still maintain
acceptable standards.
Conclusion
The combination of past and current proposed changes raise a
question as to whether or not the two parcels adjacent to
this DRI (see map) should now be considered part of this
DRI. Whether or not DCA chooses to revisit its non-binding
opinion on the two adjacent parcels, it seems clear that the
conversion of hotel to retail use will create additional
unreviewed traffic impacts on the regional roadway system
and, therefore, this change should undergo review as a
substantial deviation.
Recommendation
It is recommended that Council authorize staff to attend the
local public hearing at which it will be determined if the
proposed change constitutes a substantial deviation. By
staff attending the hearing, Council's right to appeal any
Development Order amendment adopted pursuant to this
proposed change will be preserved.
Attachment
2
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/ . LO~ATI 011 11AP
Waterford Place Road ,
Germantown Rd. .
Linton Blvd. : .
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Linton Center .
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Proposed retail S. W. 10th Ave. ~; ; I
within DR! I ~ '. .
Linton Retail Lindell Blvd. ' i
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NORTH 0 I I :
t!ATERFORD PLACE
DEVELOPf1E;n OF REG I Oi~AL I j.1PACT
3
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD
OF DELRAY BEACH
FROM: DA ~~~OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: SPECIAL MEETING OF FEBRUARY 10, 1992
CONSIDERATION OF WHETHER OR NOT PROPOSED MODIFICATIONS
TO THE DELINT/WATERFORD D.R.I. CONSTITUTE A SUBSTANTIAL
DEVIATION
ITEM BEFORE THE BOARD:
The action requested of the Board is that of review and
recommendation to the City Commission on the question of
whether proposed changes to the Waterford/Delint
Development of Regional Impact (DRI) constitute a
substantial deviation as defined by Florida Statutes
Chapter 380.06(19).
The proposed changes include the following:
* the reduction of the office component from 811,736
sq. ft. on 37.72 acres to 578,736 sq. ft. on 35.53 acres
(a decrease of 233,000 sq.ft.);
'* the elimination of the 250 room hotel on 9.06 acres;
* the addition of a 107,400 square foot building on 11.25
acres as a single tenant retail component.
* there is no change to the residential component which
has heretofore been constructed.
This staff report consists of the following components:
A. The Item Before the Board
B. Brief overview of the Waterford D.R.I. Project
C. Overview of the Modification Process
D. Chronology of correspondence regarding the pending
determination
E. Staff assessment of applicable criteria
F. Overall assessment
G. Alternative courses of action
P&Z Staff Report
Proposed Modifications to the Delint/Waterford D.R.I.
Page 2
OVERVIEW OF THE WATERFORD (DELINT) D.R.r. PROJECT:
The DELINT DRI: The initial submittal for the Delint DRI was made
in 1984. A Development Order (Resolution #49-85) approving the
project was issued 5/28/85. This order incorporated the
previously approved SAD (Ordinance #79-84) and approved
development consisting of 811,763 sq. ft. of office, a 250 room
hotel, and 236 multi-family residential units. A detailed site
plan was referenced for the proposed development.
Modifications have been made as follows:
* The thresholds for requiring various road improvements,
originally tied to unit count or square footage, were changed
to traffic generation.
* Construction of a right turn lane on S.W. 10th Avenue at
Lindell Boulevard was deferred.
* The original detailed site plan was replaced by a conceptual
master development plan, showing the same uses initially
proposed.
* Access to the hotel was relocated to Waterford Place from
Lindell Boulevard
* The name was changed from DELINT to WATERFORD.
The residential portion (Waterford Apartments) has been completed.
Substantial infrastructure has been installed on the balance of
the site. No buildings have been constructed on the hotel or
office (R&D) portions.
Development of Adjacent Property: Twenty-five (25) acres adjacent
to the northern boundary of the DRI have been developed subsequent
to the approval of the DRI. There has been a role, on behalf of
the owner of Water ford DRI, in the development of those
properties.
In 1985 a site plan was submitted for hotel, office and minor
retail components on the entire 25 acres. That site plan was
later withdrawn and replaced with office/retail at about a 2:1 mix
(CRJ Ma ll) . The site plan, approved 9/24/85, took access from
Linton Boulevard and S. W. 10th Avenue and did not interact with
the DRI.
The 25 acre parcel was purchased by the developers of the DRl
sometime in 1987.
'"
P&Z Staff Report
Proposed Modifications to the Delint/Waterford D.R.I.
Page 3
A new site plan was submitted for the western 6.7 acres to develop
an office building. A roadway was proposed along the eastern
boundary of the site which would also accommodate access from
Linton Boulevard to the hotel in the DRI. The City required this
roadway (now Water ford Place) to be public since it would serve
three different parcels - the hotel, the eastern 19 acres and the
6.7 acre (office) parcel. The office site plan was approved in
April of 1988. Soon thereafter (8/88), the City supported the
access change to the DRI (use of Waterford Place) based upon the
relationship of the office and hotel uses.
In 1989, a site plan (Linton Retail Center) was submitted by the
developers of the DRI for the eastern 19 acres of the 25 acre
parcel. The project consisted of a retail shopping center. The
site plan was approved 11/28/89 and constructed with Target as
one of the anchors. The total floor area for this center is
207,l72 sq.ft.
In 1990, a new site plan was submitted for the 6.7 acre (office)
parcel by the developers of the DRI. This project was approved
4/11/90 as Linton Retail Center, Phase II and was developed as
Circuit City. The total floor area for this center is 5l,292
sq. ft.
The proposed change (to the DRI) will place a single tenant,
retail operation with a floor area of 107,400 sq,ft.. At the end
of Waterford Place. Thus the total floor area for these three
retail projects will be 365,864 sq. ft.
OVERVIEW OF THE MODIFICATION PROCESS:
Proposed modifications to Developments of Regional Impact (DRI)
are evaluated under Florida Statutes Chapter 380.06.19 to
determine if the proposed modification requires further
development-of-regional-impact review. A copy of the referenced
statute is attached for information and more detail. Subsection
references pertain to said statute. The determination to be made
is whether a proposed modification constitutes a substantial
deviation from the previously approved development order f or the
DRI.
There are three ways in which the determination may be made. They
are as follows:
#1: Determination that the changes .w_ do not constitute a
substantial deviation: Resolution 80-89, which is a part of the
development order for the D.R.I., provides that any modification
shall be submitted to the Planning Director for a determination
of whether the change(s) exceed the criteria for substantial
P&Z Staff Report
Proposed Modifications to the Delint/Waterford D.R.I.
Page 4
deviations and therefore require a determination by the City
Commission as to whether the change constitutes a substantial
deviation.
The Planning Director, by letter of January 6, 1992, informed
the applicant that the changes exceeded the criteria and a
formal determination by the City Commission would be
necessary.
#2: A proposed change which is clearly a substantial deviation is
not subject to a public hearing, and proceeds directly to further
development-of-regional-impact review. The criteria for making
such a determination are found in subsection (19)(b).
The Planning Director initially determined that such a
situation exists (letter of January 6th) but upon review of
information provided by the applicant (letter of January 17th)
agreed that the cited criteria may be debatable.
#3: A proposed change which does not fall into the previous
categories is presumed to create, or not to create, a substantial
deviation. Such a change is subject to a required public hearing
at which the presumption may be rebutted by clear and convincing
evidence. The hearing provisions are found in subsection (19)(f).
The criteria for making the final determination are found in
subsections (19) (a) ,( c) ,H'( d) ~ (e,).
/
The Director has determined that it is presumed that a
substantial deviation does exist. Thus, he has proceeded
with the public hearing review process. Pursuant to local
policy the item has been placed before the Planning and
Zoning Board for an advisory recommendation to the City
Commission.
If the proposed change requires further development-of-regional-
impact review the following rules apply [subsection (19)(g)]:
* The review conducted by the regional plan.ning agency shall
address only those issues raised by the proposed change.
* The regional planning agency shall consider, and the local
government shall determine, whether to approve, approve with
conditions, or deny the proposed change as it relates to the
entire development. If the local government determines that
the proposed change, as it relates to the entire development,
is unacceptable, the local government shall deny the change.
* If . . . approved, any new conditions in the amendment to the
development order issued by the local government shall
address only those issues raised by the proposed change.
"
P&Z Staff Report
Proposed Modifications to the Delint/Waterford D.R.I.
Page 5
Thus, it is necessary to identify the issues to which the
substantial deviation determination applies. (This information is
found in the Overall Assessment, Part F of this staff report.)
CHRONOLOGY OF CORRESPONDENCE
The following correspondence along with a copy of 380.06(19) (DRI
regulations regarding substantial deviations) are found as
attachments to this staff report.
December 6, 1991 Ciklin to Kovacs
* Notification of a proposed change to a previously approved
Development of Regional Impact (Delint DRI).
* This notification contains the applicant's assessment of the
impact. This document is attached as an exhibit. Appropriate
information has been cited elsewhere in this staff report.
December 6, 1991 Ciklin to Kovacs
* Definition of Ciklin's view of the required process to modify
the DRI.
* Statement that changes are presumed not to be a substantial
deviation and that such a determination should be made
following modification of the SAD and site plan approval.
January 3, 1992, Treasure Coast Regional Planning Council
(TCRPC) to Kovacs
* Notification that proposed change to the DRI appears to
require additional review by their agency and stating their
intention to participate in the City's public hearing for the
proposed change.
* suggestion that the City may wish to revisit the question of
whether adjacent parcels to the north (Target/Circuit City)
should be aggregated to the Delint DRI for regional review.
January 6, 1992 Department of Community Affairs (DCA) to
Kovacs
* Notification that DCA is concerned that the proposed changes
might create additional regional impacts.
* Statement of DCA's intent to attend the City's public hearing
on the proposed change.
P&Z Staff Report
Proposed Modifications to the Delint/Waterford D.R.I.
Page 6
January 6, 1992 Kovacs to Ciklin
* Notification that a substantial deviation exists under F.S.
Chapter 380, Section 19(b) and that further regional review
must be conducted by TCRPC.
* Statement that if DCA finds that the above criteria does not
apply, the City will proceed with a public hearing to
determine substantial deviation under Chapter 380 (19) (f) (3).
Staff recommendation at such a hearing would be that a
substantial deviation exists, based upon the interaction of the
proposal with adjacent commercial parcels (Target and Circuit
Ci ty) 0; reconsideration of previous modifications; and
subsections ( 19) (a) (e3) (e4 ) and (5c).
January 17, 1992 Ciklin to Kovacs
(This letter contains legal citations.)
* Stating that proposed change is not automatically a
substantial deviation. Further, that in his conversation
with DCA, the proposed change is presumed not to to be
substantial.
* Statement that the only regional issue is traffic, which is
irrelevant since the developer will adjust the office
component such that there will be no increase in traffic.
* Statement that there is no aggregation with the adjacent
Target and Circuit City parcels.
Note: Previously, the applicant sought a determination from
DCA regarding "aggregation" when the property to the
north was in its planning stages. DCA replied (letter
of 9/29/87, copy attached) that based on the
information provided, aggregation did not exist. The
Planning Director notes that (a) the letter was non-
binding, (b) DCA stated the situation may be reviewed if
there was a material change to the projects involved,
and (c) circumstances have changed.
January 24, 1992 Kovacs to Ciklin
rh~
* Acceptance by the City that proposed change may not
automatically be a substantial deviation.
* Notification that City will proceed with a public hearing.
* Confirmation that February 11, the first available date for
the hearing, is too early for Ciklin and requesting
notification of his preferred date. Also notification that
a delay in the public hearing may jeopardize the developer's
desire for a March determination on the SAD
<,
P&Z Staff Report
Proposed Modifications to the Delint/Waterford D.R.I.
Page 7
modification since staff will not begin the logistics of the
SAD hearing until City Commission acts on the DRI
determination.
January 24, 1992 Ciklin to Kovacs
* Statement that substantial deviation determination is rather
simple and based solely on traffic. Therefore the
determination, SAD, and site plan approval should be
addressed at the same time.
* Request to address all approvals at the same hearing to be
scheduled immediately and agreement to waive notice
requirements.
January 27, 1992 Kovacs to Ciklin
* Statement that combining substantial deviation determination,
SAD modification and site plan approval into one meeting is
not appropriate. Under F.S. 380 determination of
substantial deviation is clearly a separate action.
* Disagreement that decision should be based solely on traffic.
* Notification that public hearing at City Commission is set
for February 25, 1992 and that Planning and Zoning Board will
review the question of substantial deviation on February 10,
1992 to provide recommendation to City Commission.
* Notification that a public hearing on the SAD amendment
before Planning and Zoning Board will be held March 16, 1992.
January 30, 1992 Ciklin to Kovacs
* Restatement of the contention that determination of
substantial deviation, SAD amendment and site plan approval
should all occur at the same meeting and that traffic is the
only regional issue.
* Request that the determination question not be taken to
Planning and Zoning Board.
February 3, 1992 Kovacs to Ciklin
* Declines requests and refutes statements in Ciklin' s letter
of January 30, 1992.
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P&Z Staff Report
Proposed Modifications to the Delint/Waterford D.R.I.
Page 8
February 3, 1992 Kovacs to TCRPC
* Notification of the public hearing.
February 3, 1992 Kovacs to DCA
* Notification of the public hearing.
February 4, 1992 Ciklin to Kovacs
* Acceptance of separate hearing to determine substantial
deviation.
* Statement that bringing the item before Plan~ing and Zoning
Board is inappropriate and will prejudice Ciklin's client.
* Request to reschedule hearing of March 16 for the SAD
amendment.
February 5, 1992 Kovacs to Ciklin
* Affirmation of meetings regarding substantial deviation
determination.
* Deferral of public hearing date for the SAD modification.
ASSESSMENT OF APPLICABLE CRITERIA
The following sets forth the staff basis for determining that the
proposed changes presume a substantial modification to the
approved DR!. For Boar~ember convenience a cited statute
subsection is provided for ach relevant criteria.
(19) (a) Any proposed change to a previously approved development
which creates a reasonable likelihood of additional regional
impact, or any type of regional impact created by the change not
previously reviewed by the regional planning agency, shall
constitute a substantial deviation and shall cause the development
to be subject to further development-of-regional- impact review.
This criteria is very broad. Essentially it allows the City
to declare that a reasonable likelihood of additional
regional impacts exist. If this criteria is used, the
category of impact should be identified. A review of the
original DRI application will be made and an oral report of
findings, if any, will be made at the Board's meeting.
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P&Z Staff Report
Proposed Modifications to the Delint/Waterford D.R.I.
Page 9 .
(19)(b)(10) An increase in commercial development by six acres
of land or by 50,000 sq. ft. of gross floor area area, or of
parking spaces provided for customers for 300 cars or a 5-percent
increase of any of these, which ever is greater constitutes a
substantial deviation.
Ciklin letter of January 17th argues that this criteria does
not apply because the proposed use (retail) is new and, thus,
does not constitute an increase of a previously approved
use.
Kovacs has accepted a position that a substantial deviation
is not automatically created. He defers this criteria to the
argument under subsection (19)(e)(3).
Kurtz feels that this criteria, alone, necessitates a finding
of substantial deviation.
(19)(b)(15) A 15' increase in the number of external vehicle
trips generated by the development above that which was projected
during the original development-of-regional-impact review
constitutes a substantial deviation.
Ciklin argues that for the new commercial use there is a
compensating decrease in office (R&D) use so that there will
be no net change (or a decrease) in vehicle trips generated.
Kovacs has determined that while the absolute number of trips
may be the same (or decrease), the point of egress of these
trips on the street system is changed; and that a greater
than 15% increase in trips onto Waterford Place, and at the
intersection of Waterford Place and Linton Boulevard will
occur.
(e) (3) Any addition of land not previously reviewed or any
change not specified in paragraph (b) or paragraph (c) shall be
presumed to create a substantial change. This presumption may
be rebutted by clear and convincing evidence.
The proposed change adds 107,400 sq. ft. of retail space to
this D.R.I. This increment of use addition exceeds the
criteria cited in (b)(10). Further, with the access for the
new retail use being shared with the primary access for
Target and Circuit City there is an aggregation of 365,864
sq.ft.. A shopping center (or retail complex) of that
magnitude is presumed to not be a substantial deviation;
however, it is not declared to not be one. Due to the nearby
commercial activity which utilitips the same regional
traffic network and the same regional retail market area, the
Planning Director feels that a substantial deviation does
exist.
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P&Z Staff Report. ~
Proposed Modifications to the Delint/Waterford D.R.I.
Page 10
(.)(4) The local government shall consider the previous and
current proposed changes in deciding whether such changes
cumulatively constitute a substantial deviation requiring
further development-of-regional-impact review.
A previous change involved providing public street access to
the hotel site from Waterford Place. That change was
supported on the basis of the relationship between the hotel
and the approved office use (site plan) on the 6.7 acre
parcel. Circumstances have changed with the change in use
from office to retail (Circuit City). The previously allowed
change would likely have not been accommodated if the Circuit
City site plan instead of the office plan existed.
(e)(5a) A change proposed for 15' or more of the acreage to a
land use not previously approved in the development order ...shall
be presumed to create a substantial deviation. changes of less
than 15' shall not be presumed to create a substantial deviation.
. . . Either position may be rebutted by clear and convincing
evidence.
Ciklin argues that the presumption not to be a substantial
deviation applies because the new use does not exceed 15% of
the acreage (actual number is 13.8%).
Kovacs determines that substantial deviation exists because
when one combines the new use area with the changes in use on
the balance of the DRI, a portion of the DRI greatly in
excess of 15% is affected by the change.
(e)(5c) Notwithstanding any provision of paragraph (b) to the
contrary, a proposed change consisting of simultaneous increases
and decreases of at least two of the uses within an authorized
multi-use development of regional impact which was originally
approved with three or more uses specified in 380.0651(3)(c), (d) ,
(f) and ( g) and residential use. . . . shall be presumed to be a
substantial deviation. Such presumption may be rebutted by clear
and convincing evidence.
There is a simultaneous increase in commercial usage (107,400
sq.ft.) and a decrease in office usage (233,000 sq.ft.) and a
decrease in hotel use (250 rooms).
OVERALL ASS E SSM E N T
It is clear that it is appropriate to address the question of
whether or not a substantial deviation exists. Some of the
criteria fall into the range where it is presumed that a
substantial deviation does exist; and some where it is presumed
that a substantial deviation does not exist.
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P&Z Staff Report
Proposed Modifications to the Delint/Waterford D.R.I.
Page 11
j7dN7lrh Je t:(JhF/Qi!!,.-eq/
The rgQ9RURQReatioa t.e be mad!: by the Board is whether, in the
overall picture, there is a deviation from the original approval
and that it is substantial enough to warrant further DR! review
i.e. review, comment, and recommendation by the Treasure Coast
Regional Planning Agency. And, if so, what are the items of
regional impact.
It is clear than one item is that of traffic. The applicant is
preparing traffic studies to address this item. The traffic
concerns pertain not only to total trip generation (which
heretofore has been the thrust of the applicant's argument), but
also)'~ ;
* impacts upon the intersection of Waterford Place and Linton
Boulevard
* impacts upon the functioning of the northbound off-ramp from
I-95.
* impacts upon the residential collector street of Lindell
Boulevard.
Other items of regional significance could include:
* Changes in the development period which was originally
reviewed by TCRPC as being completed by 1990.
* Changes in employment since the office (R&D) base and the
hotel had an original project'"....'<)f 4,120 permanent jobs. The
changes show a projec~loss of more than 1,200 employment
opportunities.
* Changes in the provision of housing which is reasonably
accessible to location of employment.
* The decrease in the office (R&D) component could well make
thaz;tf'component no longer viable. This would necessitate a
further change in use.
* The energy conservation measures identified in the DRI
application and TCRPC report may not longer be achievable
given the proposed changes.
* There will be a substantial modification to the lakes and
drainage system. This will require SFWMD permit
modifications.
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P&Z Staff Report
Proposed Modifications to the Delint/Waterford D.R.r.
Page 12
Other items of a local significance for which DRI review would be
of benefit include:
* A decrease of 233,000 sq. ft. of office (R&O) diminishes our
available commerce development potential by approximately
10.6 acres. Such a decrease is significant in light of our
Comprehensive Plan policy direction to retain land designated
as commerce.
. Appropriate design for the interface of the proposed
commercial (retail) use and the balance of the DRI.
* Impacts upon the local (regional?) distribution of retail
commercial activity with regard to market areas and existing
supply and demand considerations within those market areas.
Conclusion: It appears that the Waterford ORI is drastically
changing its character. The applicant wishes the City to view
this change only as it affects the local street network. Assuming
that the DELINT (now Waterford) ORI was a carefully planned
integrated development of complimentary uses (residential, office,
and hotel), the change which is proposed destroys any integrity of
development. Accordingly, it may have substantial impacts in
light of the items which are assessed during a DRI review. Given
the totality of the circumstances of the proposed change, it seems
appropriate to seek further development-of-regional-impact review.
ALTERNATIVE COURSES OF ACTION
The following alternative recommendations are available to the
Board:
1. Recommend that given the .
potential impacts of the proposed
change in consideration of previous changes and changes which
are likely to follow, further DRI review is appropriate prior
to taking a definitive action on the related development
(order) application. And, that the items to be reviewed by
TCRPC include:
* traffic
* commercial (retail) market area saturation
* emploYment implications
* housing/jobs balance
* design integration of the DRI uses
* energy conservation considerations in design
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P&Z Staff Report
Proposed Modifications to the Delint/Waterford D.R.I.
Page 13
2. Recommend that given the changes in the character of the
immediate area, subsequent to approval of the DRI, that the
only item of significance is traffic and that it is adequately
regulated by the County Traffic Performance Standards
Ordinance and local regulations; thus, a substantial
deviation does not exist and additional DRI review is not
warranted.
3. Recommend that such a determination not be made until further
information is available and that the City Commission defer
action until the SAD modification and concurrent site plan
all be before them.
Attachments: location map
F.S. 380.06(l9)
correspondence
Notification of Proposed Change to the DRI
T:BSDRIM2
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3',730 44,720 a LINTON .LVI). 33,041
1~I~TlR} r-
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FIGURE 1
33.0.' 1U1 AVERAGE DAILY TRAFFIC BUILDERS SOU ARE
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NOT TO SCALE 1---)
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. /+-03-1992 16:B8 FRa't Tr~asur~ Coast R.P.C. TO 840'72433'774 P.02
January 3, 1992
Mr. David J. Rovace
Director, Department of Plannin9 & Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
subject: waterford Place Development of Regional Impact
- Review of Proposed Change
Dear Mr. Kovacs:
In accordance with the requirements of Section 380.06(19),
Florida Statutes, we have reviewed the proposed change to -
the Waterford Plaoe Development of Regional Impaot (DRI)
submitted to Council by Alan J. ciklin on December 9, 1991.
The proposed change deletes the approved 250 room hotel,
decreases 233,000 square feet of ottice, and adds 107,400
square feet of retail. Previous retail approval was
restricted to a restaurant associated with the hotel.
Based upon the substantial deviation guidelines in Sections
380.06(19)(a), (b), and (e), and staff's review of the
impacts of the proposed change it appears the chang_ will
require additional review by this agency and Council will
participate in the local public hearing for the proposed
ohange. Therefore, please provide Council at least 15 days
advance notification of the hearing date.
During review of this proposed change it was noted that
retail property just north of Watertord ORI was being
aggregated with the proposed retail inside the ORI to obtain
a traffic generation rate about half that ot tree standing
retail or discount retail. staff considers this aggregation
inappropriate.
122. IJII, MCICftft ~ ~
IUItw 201 ' p.o. tIN ..29
PG'm city, ttorldo ~990
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Mr. Oavid J. Kovacs
January 3, 1992
Page Two
At the time the retail development north of the ORI was
proposed it was owned by the owner of the ORI. Clearance
letter- tCL 1088-009 was issued by the Department of
community Affairs September 29, 1987 indicating the proposed
retail did not appear to meet the criteria for a Substantial
Deviation to the DRI. The two proj eats were regarded as
separate projects. Given the nature of the changQ proposed
tor the DRI, it might ba prudent for the city to have this
subiect revisited by the Department of Community Affairs.
Add ~ion of this property to the DRI could substantially
affect impact analysis for the project.
It you have any questions, please do not hesitate to call.
Sincerely,
Da~a;' /3Ltuk ~
Executive Director
DMC/SEB:sk
cc: Havert Fenn, TCRPC Chairman
Donna Foster, DCA
Allan Ennis, PBC
Alan J. Ciklin, P.A.
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[IT' DF DELAA' BEA[H
100 N W hI AVENUE . DELR~ Y BEACH, FLORIDA 33444 . 407:243.7000
February 3, 1992
Ms. Sally Black
Review Coordinator
Treasure Coast Regional Planning Council
3228 S.W. Martin Downs Boulevard
Suite 205, P.o. Box 1529
Palm City, Florida 33490
Re: Notice of Hearing - Waterford/DELINT D.R.I.
Determination of Substantial Deviation
Dear Ms. Black:
Pursuant to the request contained in your letter of January 3,
1992, and pursuant to 380.06(19)(f), please be advised that the
city Commission of the City of Delray Beach will conduct a
public hearing on Tuesday, February 25 , 1992, for the purpose
of determining whether or not a substantial deviation exists
and, hence, whether or not further development of regional
impact review is required.
The public hearing will be held in the City Commission Chambers
which is located at 100 N.W. 1st Avenue, Delray Beach. The
public hearing will commence at 7:00 p.m.
The Planning and Zoning Board will review the reques t at its
meeting of February 10, 1992, and will make its recommendation,
as the Local Planning Agency at that time. Please feel free to
provide your comments and concerns as they become available.
Enclosed is our letter of notice which has been provided to the
applicant.
We look forward to your participation and advice with respect to
implications of the proposed changes.
G3~j~\)~
David J. Kovacs, A.I.C.P., Director
Department of Planning and Zoning
Attachment:
.. Kovacs letter of January 27, 1992
c:
John Walker, project Coordinator (City)
THE EFFORT ALWAYS MATT~=lS
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WATERFORD PLACB
HOTIPICATIOII OP A PROPOSED CBAIIGB TO A PREV:tOUSLY APPROVED
DEVELOPMENT OP REGIONAL :IMPACT (WDIUW)
SUBSEC'l':tOIf 380.06 (19), FLOIUDA STATUTES
STATE OP PLOR.:tDA
DEPARTMEHT OP COIIMUlf:tTY APPA:tRS
D:tV:tSION OP RESOURCB PLAHNDfG AND MANAGEMENT
BUREAU OP S'l'ATB PLAJlHDfG
2740 centerviev Drive
I Tallahassee, Plorida 32399
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WATBRPORD PLACE DRI
TABLE OF CONTEN'lS
flEcrION TITLE f&iI
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OVERVIEW OF PROPOSED CHANGES ii
STATEMENT OF INTENT 1-1
2 APPLICANT INFORMATION 2-1
3 AUTHORIZED AGENT 3-1
4 PROPERTY LOCATION 4-1
5 CURRENT PROPOSED CHANGES 5-1
6 SUBSTANTIAL DEVIATION DETERMINATION CHART 6-1
7 PREVIOUS CHANGES, LOCAL GOVERNMENT 7-1
JURISDICTION
8 LANDS PURCHASED OR OPTIONED 8-1
9 SUBSTANTIAL DEVIATION CRITERIA 9-1
10 CHANGE IN BUILDOUT OR PHASING DATE 10-1
11 CHANGE TO LOCAL GOVERNMENT COMPREHENSIVE 11-1
PLAN
12 MASTER SITE PLAN 12-1
13 PRECISE LANGUAGE 13-1
CONCLUSION 14-1
EXHIBIT A PREVIOUS MODIFICATIONS TO DEVELOPMENT ORDER A-l
EXHIBIT B LAND PURCHASED B-1
EXHIBIT C PROPOSED SITE PLAN C-1
EXHIBIT D PREVIOUS SITE PLANS 0-1
EXHIBIT E TRAFFIC ANALYSIS ( I.JQ'- AVI4-It.AS-"~ t?J I.C- ) E-1
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OVERVIEW OP PROPO$BDClfAHGBS TO
THE WATERFORD PLACE DEVELOPMENT
We are pleased to submit the proposed modifications to the
previously approved Development of Reqional Impact (DRI).
Submission is in accordance with Subsection 380.06(19) of Florida
statutes, as amended by Chapter 88-164, Laws of Florida.
[The proposed modifications will involve the deletion of the
lapproved 250-room hotel, a decrease of 233,000 square feet of
(office approval and the addition ot 107,400 square feet of retail
ldevelopment. The Applicant has come to the conclusion the hotel
· is not economically feasible in today' s market and therefore
proposes to replace the 250-room hotel and 233,000 square feet of
off ice space with the commercial space. The proposed chanqe of land
.use not previously approved in the development order is to less
than fifteen percent of the acreage and therefore pursuant to
subparagraph 380.06(19)(e)5.a. shall be presumed D2t to create a
substantial deviation.
Applicant has evaluated the transportation aspect of replacing the
approved 250-room hotel and 233,000 square feet of approved
office space with a 107,400 square foot retail use. The analysis
revealed that the replacement of the hotel and office square
footage with the retail use will result in a ten percent reduction
in daily external vehicle trips and a reduction in trips in the
A.M and P.M. peak periods. We fee.l that the transportation aspects
of the Waterford DRI are the major concerns to any chanqe in the
land uses and therefore after eliminating this concern, by
actually decreasinq traffic, the proposed modifications would not
be a substantial deviation.
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L. S'l'A'rJSlllBlft' OF nrrEH'l' .
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I, ALAIf J. CDCLIlf , the undersigned authorized representati',
of D~ LIMITED, INC., hereby qives notice of a proposed chanqe
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to a previously approved Development of Reqional Impact in
accordance with Subsection 380.06 (19) , Florida statutes
(1985). In support thereof, I submit the following information
concerninq WATERFORD PLACE, which information is true and
correct to the best of my knowledge. I have submitted today,
under separate cover, copies of this completed notification
to the Town of Jupiter, the Treasure Coast Reqional Planninq
council, and to the Bureau of Resource Manaqement, Department
of Community Affairs.
I:J- -6 -c; /
Date
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~ APPLICAH'T; . .
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Delint Limited,Inc. 407-364-9400
1755 No. Congress Avenue
Boynton Beach, Florida 33436
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.L. AUTHORIZED AGENT: ~. .
Alan J. Ciklin 407/832-5900
Boose casey Ciklin Lubitz
Martens McBane & O'Connell
515-~orth Flagler Drive
suite 1900
West Palm Beach, Florida 33401
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.L. lDCATJ:OK terrY. COUNTY. TOWNSIf];PfRARGE/SECTl:Olfl. OF APPROVED DRI
AND PROPOSED CRAlfGB:
The project is located in Oelray Beach, Florida, in a tract of
land lyinq in Section 29, Township 46 South, Range 43 East, beinq
Parcel 3, and Parcel 4 LINTON CENTER, as recorded in Plat
Book 39, Pages 8 - 9 ot the Public Records of pa 1m Beach
County, Florida, toqether with Lots 1251, 1252, 1253, and
1260, TROPIC PALMS Plat No. 3, as recorded in Plat Book 25,
Pages 137 - 139 of the Public Records of Palm Beach County,
Florida.
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2a. Provide a coaplete descripticm of the proposed chanqe.
Include any proposed chanqes to the plan of develop.ent
pbasinc.J, additional lands, co.-enceJlent date, build-out date,
developaent order conditions and requireaents, or to the
representations contained in either the developaent order or
the . Application for DevelopJlellt Approval.
Indicate such cbanqes on the project master site plan,
supplementinq with other detailed .aps, as appropriate.
Additional inforJlation -.ay be requested by the deparblent or
any revievinq agency to clarify the nature of the change or
the resultinq impacts.
Applicant proposes to replace the approved 250 room hotel and
233,000 square feet of the approved office space with 107,400
square feet of retail use. The change has been made necessary
. by the economic unfeasibility of developing the 250 room
hotel. A traffic study has been performed which analyzes
this change and concludes that this proposed change will
result in a ten percent reduction in daily external vehicle
trips and a reduction in trips in the A.M. and P.M. peak periods.
A revised conceptual Master Plan is being provided which
. reflects the proposed changes.
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6. Ccmplete the attacbed SUbstantial" Deviation Deteraination chart
for all land use types approved in the developaent. If no change
is proposed or bas occurred, indicate no cbanqe.
smsD\IfJ.'DL IEVIATIaf awn'
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T'iPE OF QWI;E PR:>POSED CRIGIW\L PREVI~ 0.0.
!.AND USE CATm:>RY PIM PIAN ~+~TE
Attractiool No Olange Not Awlicable
Rec:reatioo
Airports No Charqe Not Awlicable
Hospitals No Olange Not Awlicable
In:lustrial No~ Not Awlicable
Mini.rq cperaticns No Olarqe Not Awlicable
Office Acreage, irol~ 35.53 acres 37.72 acres
drainage 1Of,
easements, etc.
adld.Ux} (gross 578,763 811,763
square feet)
# parJdJq spaces 2, 054 2,881
( estimate)
. # E!I1playees 2,898 4,065
(estimate)
Site locatiaW. No Olarqe center of site
I dlarqes
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# external 5,224 6,575
I vehicle trips
PetroleAJm/<llem. No <llarqe Not Awlicable
storage
Ports (Marinas) No 0lar9! Not Awlicable
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TYPEOP aWIZ ~m <lUGINAL PREVI<XS D.O.
IMm USE ~ PUN PIAN aw<<;E + OM'E -
Residential # IM1l~ No Olarqe 236
. . Units
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Type ot No Qlange Mlltifamily Minor m:xli.ficatias
l)it'ellirq units to nllltiple family
residentiallUlits
an:! atten::Jant re-
creational facili-
ties portion of
oriqinal site plan.
~ 96-87
(12/22/87)
Ac:reaqe, No Olange 20.92 acres
inclu:iin;J
drainaqe,
riqht-of-way,
easements,
etc.
site No Change sooth an:l east
locatiaml 1:oJrdaries
d1a1'qes
No. external 1, 568 1,589
vehicle trips
WholesalefRetail Ac:reaqe, 11.25 -0-
service inclu:iin;J
drainaqe, R:M,
ea~llt, etc.
Floor space 107,400 -0-
# parkin] 493 -0-
spaoee
site Northeast Not Applicable
loc:atiaml 00tTler
d1a1'qes
# external 2,205 -0-
vehicle trips
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TYPE or awm PR>PCm]) ClUGINAL PREVIOOS D.O.
UNO USE ~ PUN PIAN aw<<;E .+ D.\TE
Hotelfl'i'tel # rental -0- 250
.- units
.-
Floor space
(gross square
feet)
# E!IIplayees -0- 55
, Site Eliminated Northeast . Change in access
locatiooal '-JUL I au;. for hotel parcel
dlarges requested l:7t City
of Oelray Beadl.
! 0J:dinance 68-89
I (11/14/89)
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r Acreage, -0- , 9.06 acres
incl\Xli.n;J
I drainage, RJf
ea~.Ilts, etc.
\ # external -0- 1,878
vehicles trips
I R.V. Park No 0lanJe Not ~licable
I qJen Space Acrea<Je No 0lanJe 19.04 acres
(All natural
am veqet:ated Type of cpn No 0lan;Je water bodies
non-i.q)erviaJS space
r surfaces)
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Preservaticm No 0lan;Je Not ~licable
I 9.1ffer or Special
t Protectia'l Areas
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7. List all. the dates and resolutiOlt. nUJlbers (or other appropriate
identification nUIllh@rs) of all aodifications or aaendIlenu
to the oriCJinally approved DIU development order that have
been adopted by the local CJovernaent, and provide a brief
description of the previous chanqes (i. e., any inronaation
already addressed in the SUbstantial Deviation Deteraination
Chart). Bas there been a cbanqe in local CJovermaent
jurisdiction for any portion of the development since the
last approval or developaent order was issued? If so, has
the annexinq local CJoverruaent adopted a new DIU develoPJIent
order for the project?
Prior to this submittal, the following modifications were
requested and approved:
Ordinance 96-87 (Dec~.hAr 22, 1987)
- Minor modifications to the multiple family residential
units and the attendant recreational facilities portion
of the original site plan.
- Elimination of a local requirement for a southbound
right-turn land at the intersection of SW 10th Avenue
and Lindell Boulevard.
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! - Project phasing has been modified to reflect development
limits in terms of the amount of trips generated-
instead of quantities of types of development.
ordinance 68-89 (Nov~~ber 14, 1989)
- Master Development Plan and the specific site and
development plans referenced in the DO were replaced
with a Conceptual Master Development Plan.
.
. - Conceptual Master Plan also reflected a change in access
for the hotel parcel of the Water ford Development
requested by the City of Delray Beach.
Attached as Exhibit "A" are Ordinances 96-87 and 68-89
, which reflect these previous modifications.
There has been no change in local government juriSdiction
for any portion of the development.
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8. Describe any lands purcbased...or option within one-quarter
llile of the oriqinal DR! site subsequent to the oriqinal
approval or issuance of the DIU developllellt order. Identity
such land, its size, indented use, and adjacent non-project
land uses within one-balf aile on a project aaster site plan
or qtber Ilap.
Subsequent to the approval of the oriqinal DRI, Palms
of Delray, Inc. , a company in common ownership with Delint
Limited, Inc. , and Ocean Properties, Ltd. , purchased a 25-
acre parcel of land adjacent to the Waterford Place development.
For reasons stated in the letter attached as Exhibit liB"
from J. Thomas Beck, Department ot Community Affairs, the
25-acre parcel is clearly a separate project. A location
sketch showinq both developments is included in the letter.
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9. Indicate if the proposed cbanqe.ls le88 than 40' (CUllUlatively _
with other previous chanqes) of any of the criteria listed
in paragraph 380.06(19) (b), Plorida statutes.
The criteria listed in Paragraph 380.06(19) (b) do not apply
to ~he proposed changes.
00 you believe this notification of cbanqe proposes a change
which .eets the criteria of subparagraph 380.06(19) (e)2.,
Plorida statutes.
The criteria of Subparagraph 380.06 (19) (e) 2. are not applicable
to the proposed change. The proposed change ot land use not
previously approved in the development order is to less than
15 percent ot the acreage and is therefore presumed DQt to
create a substantial deviation pursuant to Subparagraph
: 380.06(19)(e)5.a.
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10. Doea the proposed cbanqe result. in a cbanc.Je to the buildout
date or any pbasinq date of the project? If so, indicate
the proposed new buildout or pbasinq date.
The proposed change does not result in a change to the
buildout date or any phasing date of the project.
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11. will the proposed cbanqe requ~e an aaendaent to the l~l
qovermaent collprehensive plan? ..
The proposed change will not require an amendment to the
City ot Oelray Beach Comprehensive Plan.
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Provide the rollovinq ror incorporation into such an aaended
develOpll8llt order, pursuant to SUbsections 380.06(15), Florida
statutes, and 9J-2.025, Florida Adainistrative Code:
12. An updated Jlaster site plan or other aap of the developaent
portt'ayincJ and distinguishinq the proposed chanqes to the
previously approved DIU or developaent order conditions.
The updated master site plan titled Conceptual Master
Development Plan and dated December 6, 1991 is included as
Exhibit tiC". The previous Conceptual Master Development
Plan dated October 2, 1987 and updated August 11, 1988 is
included in Exhibit "0".
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13. Pursuant to subsect:ion 380..D~(19) (~), Plorida statutes,
includine) the precise language that is beine) proposed to be
deleted or added as an uaendllent to the developaent order.
This language should address and quanti~y:
a..-AII proposed specific changes to the nature, phasing, and
build-out date of the developaent; to developaent order
conditions and require.ents; to co..itBentB and
representations in the application to Development
Approval; to the acreage attributable to each described
proposed change of land use, open space, areas for
preservation, green belts; to structures or other
i.prove.ents including locations, square footage,
nl~hQr o~ units; and other llajor characteristics or
coaponents of the proposed cbanqe;
b. An updated leqal description o~ the property, if any
project acreage is/has been added or deleted to the
previously approved plan of developaenti
c. Any proposed emended developaent order deadline for
co..encing physical develop.ent of the proposed
changes, if applicable;
d. A proposed aaended developaent order tera1nation date
that reasonably reflects tiJae required to coaplete the
developaent;
e. A proposed CUlended developll8Dt order date until which
. the local governaent agrees that. the cha.nges to the DRI
shall not be subject to down-zoninq, unit density
reduction, or intensity reduction, if applicable; and
f. Proposed aJleDded developaent order specification for
: the annual report, includincJ the date of subaission,
I contents, and parties to whoa the report is sulmlitted
as specified in subsection 9J-2.025(7), FAC.
13 . a. Whereas Clause
WHEREAS, said Applicant proposes to construct &1:1:;-1-6-3
i 578.763 feet of office space, a-~se-reem-fte~e% 107.400
sCV1are feet of commercial space and 236 mUlti-family
residential dwelling units on 86.5 acres, constituting
a Development of Regional Impact on the real property
fully described in Exhibit "A" attached hereto and
located in the City of Delray Beach, Florida; and,
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Condition 1. . ...,.
The Delint Center Application for Development Approval
is incorporated herein by reference and relied upon by
the Parties in discharging their statutory duties under
.- -Chapter 380, Florida Statutes. Substantial compliance
with the representations contained in the Application
for Development Approval is a condition for approval
unless waived or modified by agreement among the
Parties, as defined in Subsection 380.07(2), Florida
statutes. For purposes of this condition, the Application
for Development Approval (ADA) shall include the
following items: ADA, submitted December 17, 1984, and
supplemental information submitted February 4, 1985,
October 8, 1987, and the Conceptual Master Development
Plan submitted Al:l9\:1S~-~-i;- 1388 December 6. 1991. To
the extent that plans submitted along with the application
for and approval of Special Activities District ( SAD)
rezoning differ from those submitted for Development of
Regional Impact approval, the latter plans will control.
.
i Condition 21.
I The conditions of approval for the rezoning of the land
to SAD (Special Activities District) as contained in
Ordinance No. 79-84 are hereby incorporated into this
Development Order by reference, except for the site and
! development plans referenced in Section 3 of Ordinance
I No. 79-84 and the uses referenced in Section 2(a}(1} of
Ordinance No. 79-84.
,
, Condition 21a.
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The Conceptual Master Development Plan submitted on
, ~tt!t~--3-]:O;--13 8 8 December 6. 1991, is adopted and
i incorporated herein as a substitute for the geye~me~
Pra-ft !I\:IMa~-w-~-t!be--Mlr-and--t+te-s-i ~e-al'u! -cleye~pmeM
pra-~-~fteerpera~es-~-Gcc~~~~~~~r-~~&+
Conce~tual Master Development Plan submitted on Auqust
31- 1988. Nothing herein shall be construed to relieve
the developer from obtai~ing City ot Delray Beach
approval for future proposed changes to the site and
development plans incorporated by Section 3 of Ordinance
No. 79-84.
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~ro 13. b. Not applicable.--
13. c. Not applicable.
-.-""-'!l
_~_~ . - 13. d..Not applicable.
13. e. Not applicable.
13. f. Not applicable.
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CORCLUSIOH . ;. ~ ..
The proposed change which consists ot a replacement ot the
approved 250 room hotel and 233,000 square teet ot ottice
approval with 107,400 of retail space does not result in a
substantial deviation. subparagraph 380.06(19) (e)5.a. provides ~
that this change proposed to a land use not previously approved t
in the development order is presumed not to create a substantial i
deviation because it involves less than 15 percent ot the j
acreage. The traffic analysis performed reveals that. the ~
proposed change will result in a 10 percent decrease in daily
external vehicle trips and a reduction in trips in the A.M. and
P.M. peak periods which further supports a finding that this
proposed change does not result in a substantial deviation.
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44,120 a LINfON ILVO.
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(,e'Ae.., el"" ,
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! LEGEND FIGURE 1
33,041 1811 AVERAGE DAILY TRAffiC BUILDERS SOUARE
-N.
~ LOCATION MAP
1--.)
NOT TO SCALE
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6J; ;;;;:; ~
Ch.380 LAND AND WATER MANAGEMENT FA 1"1
.
work with units of local government in preparing and facilities to the extent such facitin are necessary to
adopting local impact fee and other contribution Of'di. provide safe and adequate services to the development.
nances. (17) LOCAL MONTORING.-The local government
(f) Notice 01 the adoption 01 a development Of'der or issuing the development Of'def is prirnaIiJy responsible
the subsequent modification of an adopted develop. fOf' monitoring the development and enforcing the prO\li.
ment order shall be recorded by the developer, in sions of the development order. Local goverMlents
accordance with s. 28.222, with the clerk of the circuit shall not issue any permits or approvals or provide any
court for each county in which the development is extensions of seMceS if the developer fails to act in su~
located, The notice shall include a legal description of stantial compliance with the development order.
the property covered by the Of'der and shall state which (18) ANNUAl REPORTS.-The developer shall SU~
unit of local government adopted the development mit an annual report on the development of regional
order. the date of adoption. the date of adoption of any impact to the local government, the regional planning
modifications to the development order, the location agency, the state land planning agency, and all affected
where the adopted order with any modifICations may be permit agencies on the date specified in the develop-
examined. and that the development Of'der constitutes ment Of'der. If the annual report is not received, the
a land development regulation applicable to the prop- regional plaMing agency or the state land planning
erty. The recording of this notice shall not constitute a agency shall notify the local government. If the local goy.
lien, cloud. Of' encumbrance on real property. Of' actual emment does not receive the annual report 01 receives
or constructive notice of any such lien. cloud, or encum- notification that the regional plaMing agency or the
brance. This paragraph applies only to developments state land plaming agency has not received the report,
initially approved under this section after July 1, 1980. the local government shall request in writing thai the
(g) If the property is annexed by another local juris- developer submit the report within Xl days. The lailure
diction, the annexing jurisdiction shall adopt a new to submit the report after 30 days shall result in the tem-
de....elopment order that incOf'porates all previous rights porary suspension of the development order by the local
and obligations specified in the prior de....elopment order. government.
(16) CREDITS AGAINST LOCAL IMPACT FEES.- (19) SUBSTANTIAL DEVlATlONS.-
(a) If the development order requires the developer (a) Any proposed change to a previously approved
to contribute land or a publiC facility or construct, development which creales a reasonable likelihood 01
expand, Of' pay IOf' land acquisition or construction Of additional regionat impact. or any type of regional
expansion of a public facility, or portion thereof. and the impact created by the change not previously reviewed
by the regional plaMing agency, shall constitute a su~
developer is also subject by local Of'dinance to impact stantial deviation and shall cause the development 10 be
fees Of' exactions to meet the same needs. the local gov- subject to further development-of-regional-impact
ernment shall establish and implement a procedure that review.
credits a de....elopment order exaction Of' fee toward an (b) Any proposed change to a previously approved
impact fee Of' exaction imposed by local ordinance for de....elopment of regional impact or development order
the same need; however, if the Florida Land and Water condition which. either individually or cumulatively WIth
Adjudicatory Commission imposes any additional other changes. exceeds any of the following cntena shall
requirement. the local government shall not be required constitute a substantial deviation and shall cause the
to grant a creditloward the local exaction Of' impact fee de....elopment to be subject to further development-<ll-
unless the local government determines that such regional-impact review without the necessily fOl a find.
required contribution, payment. Of' construction meets ing of same by the local government
the same need that the local exaction Of' impact fee 1. An increase in the number of parking spaces at
would address. an attraction 01 recreational facility by 5 percent of 300
(b) If the local government imposes or increases an spaces. whichever is greater, or an increase in the num.
impact fee Of' exaction by local ordinance alter a devel. ber of spectators that may be acccmmodaled at such a
opment order has been issued, the developer may peti- facility by 5 percent 01 1 ,(xx) spectators. wtHchever IS
tion the local government, and the local government greater.
shall modify the affected provisions of the development 2. A new runway. a new terminal faCility, a 10-
order to give the developer credit fOf' any contribution of percent expansion to an existing runway, or a 20-
land for a public facility. or construction, expansion, or percent increase in the flOOl area of an existing terminal.
contribution of funds fOf' land acquisition or construction 3. An increase in the number of hospital beds by 5
Of' expansion of a publiC facility, or a portion thereof, percent or 60 beds. whichever is greater.
required by the developmenl order toward an Impact lee 4. An increase in industrial development area by 5
or exaction for the same need. percent Of' 32 aCtes. whichever is greater.
(c) The local government and the developer may S. An increase in the average annual acreage
enter into capital contribution front-ending agreements mined by 5 percent or 10 acres, whichever is greater, or
as part of a development-of-regional-impact develop- an increase in the average daily waler coosurT1ltlon by
ment order to reimburse the developer. or his successOf'. a mining operation by 5 percent or 300,(0) gallons,
lor voluntary contributions paid in excess 01 his fair whichever is greater. An increase in the size 01 the mlfle
share. by 5 percent or 750 acres. whichever IS less.
(d) This subsection does not apply to internal, onsite 6. An inaease in land area for office development
facilities required by local regulations or to any offsite by 5 percent or 6 a~es. whichever is greater. or an
1208
~S.1"1 LAND AND WATER MANAGEMENT Ch. 380
increase of gross flOC)( area of office development by 5 (d) A change in the plan of development of an
percent or 60.000 gross square feet. whichever is approved development of regional impact resulting from
greater. requirements imposed by the Department of Environ.
7. An increase in the storage capacity for chemical mental Regulation, the Department of Natural
or petroleum storage facilities by 5 percent, 20.000 bar. Resources. or any water management district created
rels, or 1 million pounds. whichever is greater. by s. 373.069 or any of their successor agencies or by
8. An increase of development at a waterport of wet any appropriate federal regulatOfy agency shall be sub-
storage for 20 watercraft. dry storage for 30 watercraft, mitted to the local government pursuant to this subsec.
or wet/dry storage for 60 watercraft in an area identifl8d tion. The change shall be presumed not to create a sub-
in the -stale marina siting plan as an appropriate site for stantial deviation subject to further development-of-
additional water port development or as-percent regional-impact review. The presumption may be rebut.
increase in watercraft storage capacity. whichever is ted by clear and convincing evidence at the public hear.
greater. ing held by the local government.
9. An increase in the number of dwelling units by 5 (e)1. A proposed change which, either individually
percent or 50 dwelling units. whichever is greater. or, if there were previous changes, cumulatively with
10. An increase in commercial development by 6 those changes. is equal to or exceeds 40 percent of any
acres of land area or by 50.000 square feet of gross floor numerical criterion in subparagraphs (b)1.-15.. but
area. or of parking spaces provided for customers for which does not exceed such criterion, shall be pre.
300 cars or a 5-percent increase of any of these. which- surned not to create a substantial deviation subject to
ever is greater. further development-of-regional-impact review. The
11. An increase in hotel or motel facility units by 5 presumption may be rebutted by clear and convincing
percent or 75 units. whichever is greater. evidence at the public hearing held by the local govern-
12. An increase in a recreational vehicle park area by ment pursuant to subparagraph (f)5.
5 percent or 100 vehicle spaces. whichever is less. 2. Except for a development order rendered pursu-
13. A decrease in the area set aside for open space ant to subsection (22) or subsection (25), a proposed
of 5 percent or 20 acres. whichever is less. change which. either individually or. if there were previ-
14. A proposed increase to an approved multiuse ous changes. cumulatively with those changes. is less
development of regional impact where the sum of the than 40 percent of any numerical criterion in subpara-
increases of each land use as a percentage of the appli- graphs (b)I.-15. and does not exceed any other crite-
cable substantial deviation criteria is equal to or exceeds rion. or which involves an extension of the date of build.
100 percent. The percentage of any decrease in the out of a development or phase of a development by less
amount of open space shall be treated as an increase than 3 years. is not a substantial deviation and is not
for purposes of determining when 100 percent has been subject to a public hearing pursuant to subparagraph
reached or exceeded. (f)3. or a determination pursuant to subparagraph (f)5.
15. A 15-percent increase in the number of external Notice of the change shall be made to the regional plan-
vehicle trips generated by the development above that ning council and the state land planning agency by pr~
which was projected during the original development- viding them with the information required in subpara.
of-regional-impact review. graph 4.. including appropriate amendments to the
16. Any change which would result in development development order. on forms to be adopted by the state
I of any area which was specifically set aside in the appli. land planning agency by rule.
cation for development approval or in the development 3. Any addition of land not previously reviewed or
order for preservation or special protection of endan- any change not specified in paragraph (b) or paragraph
gered or threatened plants or animals designated as (c) shall be presumed to create a substantiat deviation.
endangered. threatened. or species of special concern This presumption may be rebutted by clear and cO/wine.
and their habitat. primary dunes. or archaeological and iog evidence.
historical sites designated as significant by the Division 4. Any submittal of a proposed change to a previ-
of Historical Resources of the Department of State. The ously approved development shall include a description
further refinement of such areas by survey shall be COIl- of individual changes previously made to the develop-
sidered under sub-subparagraph (e)5.b. ment. including changes previously approved by the
(c) An extension of the date of buildout of a develop- local government. The local government shall consider
ment. or any phase thereof, by 5 or more years shall be the previous and current proposed changes in deciding
presumed to create a substantial deviation subject to whether such changes cumulatively constitute a sub-
further development-of-regional-impact review. An stantial deviation requiring further development-of-
extension of the date of buildout. or any phase thereof. regional-impact review.
of 3 years or more but less than 5 years shall be pre- 5. The following changes to an approved develop-
sumed not to create a substantial deviation. These pre- ment of regional impact shall be presumed to create a
sumplions may be rebutted by clear and convincing evi. substantial deviation. Such presumption may be rebut.
dence at the public hearing held by the local govern- ted by clear and convincing evidence.
ment. For the purpose of calculating when a buildout 8. A change proposed for 15 percent or more of the
date has been exceeded, the time shall be lolled during acreage to a land. yse not previously approved in the
the pendency of administrative or judicial proceedings development order. Changes of less than 15 percent
relating to development permits. shall be presumed not to create a substantial deviation.
1209
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th. 380 LAND AND WATER MANAGEMENT F.S.1"1
b. Except fO( the types of uses listed in subpara. provisionS of s. 380.07. However, neither the regional
graph (b)16., any change which would result in the planning agency nor the state land planning agency may
development 01 any area which was specifically set appeal the local government decision if neither particj-
aside in the application for developmenl approval or in pated at the JocaI hearing, unless the approved change
the development order for preservation, buffers, Of spe- is subject to the substantial-deviation criteria specified
cial protection, including habitat for plant and animal in sub-subparagraph (e)5.c. Neither the state land plan-
species, archaeological and historical sites, dunes, and ning agency nor the regional planning agency may
other special areas. appeal a change to a development order made pursuant
c. Notwithstanding any provision of paragraph (b) to subparagraph (e)2. for developments of regionat
to the contrary, a proposed change consisting of simul- impact approved after January 1. 1980, unless the
taneous increases and decreases of at least two of the change would result in a significant impact to a region-
uses within an authorized multiuse development of ally significant archaeological, historical, or natural
regional impact which was originally approved with resource not previously identified in the original develop-
three or more uses specified in s. 380.0651(3)(c), (d). (f), ment-of-regional-impact review.
and (g) and residential use. (g) If a proposed change requires further deveJop-
(f)1. The stale land planning agency shall establish by ment-of-regional-impact review pursuant to this sec.
rule standard forms for submittal of proposed changes tion, the review shall be conducted subject to the follow-
to a previously approved development of regional iog additional conditions:
impact which may require further development-of- 1. The development-of-regional-impact review
regional-impact review. At a minimum, the standard conducted by the appropriate regional planning agency
form shall require the developer to provide the precise shall address only those issues raised by the proposed
language which the developer proposes to delete or add change except as provided in subparagraph 2.
as an amendment to the development order. 2. The regional planning agency shall consider. and
2. The developer shall submit, simultaneously, to the local government shall determine whether to
the local government, the regional planning agency, and approve, approve with conditions, or deny the proposed
the state land planning agency the request for approval change as it relates to the entire development. If the
of a proposed change. local government determines that the proposed change,
3. No sooner than 30 days but no later than 45 days as it relates to the entire development. is unacceptable,
alter submittal by the developer to the local govern- the local government shall deny the change.
ment, the state land planning agency, and the approprj- 3. If the local government determines that the pro-
ate regional planning agency. the local government shall posed change, as it relates to the entire development,
give 15 days' notice and schedule a public hearing to should be approved. any new conditions in the amend-
consider the change that the developer asserts does not ment to the development order issued by the local gov-
create a substantial deviation. ernment shall address only those issues raised by the
4. The appropriate regional planning agency or the proposed change.
state land planning agency shall review the proposed 4. Development within the previously approved
change and may, in its discretion and within 30 days of development of regional impact may continue, as
submittal by the developer of the request for approval approved, during the deveJopment-of-regional-impact
of a change. advise the local government of its intention review in those portions of the development which are
to participate at the public hearing before the local gov- not affected by the proposed change.
ernment. A change which is subject to the substantial (h) When further deveJopment-of-regional-impact
deviation criteria specified in sub-subparagraph (e)5.c. review is required because a substantial deviation has
shall not be subject to this requirement. been determined or admitted by the developer, the
5. At the public hearing. the local government shall amendment to the development order issued by the
determine whether the proposed change requires fur- local government shall be consistent with the require-
ther development-of-regional-impact review. The pro- ments of subsection (15) and shall be subject to the
visions of paragraphs (a) and (e). the thresholds set fOfth hearing and appeal provisions of s. 380.07. The state
in paragraph (b). and the presumptions set forth in para- land planning agency Of the appropriate regional plan-
graphs (c) and (d) and subparagraphs (e)1. and 3. shall ning agency need not participate at the local hearing in
be applicable in determining whether further develop- order to appeal a local government development OI'der
ment-of-regional-impact review is required. issued pursuant to this paragraph.
6. If the local government determines that the pro- (20) VESTED RIGHTS.-Nothing in this section shall
posed change does not require further development- limit 01' modify the rights of any person to complete any
of-regional-impact review and is otherwise approved, development that has been authorized by registration of
or if the proposed change is not subject to a hearing and a subdivision pursuant to chapter 498. by recordation
determination pursuant to subparagraphs (f)3. and 5. pursuant to local subdivision plat law, Of by a bUildIng
and is otherwise approved. the local government shall permit or other authorization to commence development
issue an amendment to the development order incorpo- on which there has been reliance and a change 01 po5l-
rating the approved change and conditions of approval lion and which registration or recordation was accom-
relating to the change. The decision of the local govern- plished. or which permit or authorization was issued.
ment to approve, with or without conditions. or to deny prior to July 1, 1973. If a developer has, by his actions
the proposed change that the developer asserts does in reliance on prior regulations. obtained vesled or olher
not require further review shall be subject 10 the appeal legal rights that in law would have prevented a local gov.
1210
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DEPARTMENT OF COMMUNI o~ ~~ ~
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2 740 CENTERVIEW DR I V E . TALLAHASSEE. ~~-k~ 0
LAWTON CtilLES ~~ A.& (~).
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Governor 1rJi::- I~ry
January b, .L::r.7",
Mr. David Kovacs
Director of Planning and Zoning
city of Delray Beach
100 N. W. 1st Avenue
Delray Beach, FL 33444-2698
Re: Waterford Place DRI Notification of Proposed Change
File No. ADA-1085-040
Dear Mr. Kovacs:
On December 7, 1991, Mr. Alan J. Ciklin notified the
Department of proposed changes to the Water ford Place Development "-
of Regional Impact (DRI). The proposed change provides for a new
use of 107,400 square feet of retail space on 11.25 acres,
decreases office space by 233,000 square feet and eliminates the
hotel land use. Because of outstanding questions related to the
traffic report and analysis submitted with the notification of
proposed change, the Department is concerned that the changes
might create additional regional impacts.
Therefore, the Department wishes to be advised 15 days in
advance of the date, time, and location of the public hearing so
that we may attend. The applicant is aware of the Department's
concerns and if they are adequately addressed prior to the public
hearing, you will be notified that we will not attend. If you
have any questions about this matter, please call Donna Foster in
the Bureau of state Planning at (904) 488-4925.
sincerely,
J?J;:~~~~~.
Bureau of state PI~nrii~~
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cc: Ms. Sally Black (TCRPC) ~~~\. . ~\\
Mr. Alan ciklin (applicant) ~~O
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EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DEYElOPMENT . RESOURCE PLANNING A~AGEMENT" -
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~ITY DF DElRAY BEA[H r- . .
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100 N \II h~ AVE~UE . OELRAV BEACH, FLORIDA 33444 . 407/243.7000
February 3, 1992
J. Thomas Beck, Chief
Bureau of state Planning
Florida Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
Re: .Notice of Hearing - Waterford/DELINT D.R.I.
Determination of Substantial Deviation
Dear Mr. Beck:
Pursuant to the request contained in your letter of January 6,
1992, and pursuant to 380.06(19)(f), please be advised that the
City Commission of the City of Delray Beach will conduct a
public hearing on Tuesday, February 25, 1992, for the purpose
of determining whether or not a substantial deviation exists
and, hence, whether or not further development of regional
impact review is required.
The public hearing will be held in the City Commission Chambers
which is located at 100 N.W. 1st Avenue, Delray Beach. The
public hearing will commence at 7:00 p.m.
The Planning and Zoning Board will review the request at its
meeting of February 10, 1992, and will make its recommendation,
as the Local Planning Agency at that time. Please feel free to
provide your comments and concerns as they become available.
Enclosed is our letter of notice which has been provided to the
applicant.
We look forward to your participation and advice with respect to
implications of the proposed changes.
j~\)~
vid J. Kovacs, A.I.C.P., Director
Department of Planning and Zoning
Attachment:
* Kovacs letter of January 27, 1992
.
c:
John Walker, Project Coordinator (City)
THE EFFORT AU':AYS MATTERS
"
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 'f,; ;'
SUBJECT: AGENDA ITEM #/dA A- - MEETING OF FEBRUARY 25, 1992
ORDINANCE NO: 8-92
DATE: FEBRUARY 21, 1992
This is first reading of an ordinance rezoning land from RM
(Multiple Family Residential/Medium Density) District to CF
(Community Facilities) District. The subject property consists
of three lots within the unrecorded plat of Palm Square and is
located on the west side of Palm Street, between Atlantic Avenue
and S.E. 1st Street.
The land is currently in the same ownership as the vacant
property immediately north and is being proposed for development
as a parking lot to be used in conjunction with the redevelopment
of the former Patio Delray site. In order for this to happen,
the land must have a zoning other than RM. For reasons outlined
in the accompanying staff report, CF zoning is viewed as a
reasonable vehicle to accomplish the objective.
The Planning and Zoning Board will review this item at its
meeting on February 24, 1992. Their findings and recommendation
will be presented to the Commission at the February 25th regular
meeting.
Recommend approval of Ordinance No. 8-92 on first reading,
subject to the findings and recommendation of the Planning and
Zoning Board.
PClOO1..1!L ISI ~ S - 0
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.
ORDINANCE NO. 8-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL -
MEDIUM DENSITY) DISTRICT IN CF ( COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING LOTS 42, 43 AND 44, OF THE
PLAT ENTITLED PALM SQUARE, AN UNRECORDED PLAT OF BLOCK
125 AND 133, DELRAY BEACH (FORMERLY TOWN OF LINTON) ,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the CF
(Community Facilities) District, as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
Commencing 188.6 feet south of Atlantic Avenue on east
side of Bay Street; thence east 100 feet to the Point
of Beginning; thence east 100 feet, thence south 75
feet; thence west 100 feet, thence north 75 feet to
the Point of Beginning, lying in Block 125 of the Town
of Linton, as per Plat thereof on file in the Office
of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 1, Page
3; also described as, Lots 42, 43 and 44, of the Plat
entitled Palm Square. an unrecorded Plat of Block 125
and 133, Delray Beach (formerly Town of Linton), Palm
Beach County, Florida.
The above described parcel contains .0171 acres of
land, more or less.
The subject property is located on the south side of
Atlantic Avenue, between Palm Way and S.E. 7th Avenue,
Delray Beach, Florida.
Section 2. That the Planning Director of said City shall. upon
the effective date of this ordinance. change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof. any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective inune-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
,
First Reading
Second Reading
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I I I I I
C I T Y COM MIS S ION DOC U MEN T A ~ ION
TO: DAVID T. HARDEN, CITY MANAGER
J)~/V:~ fit
THRU: DAVID~OVAC , DIRECTOR
DEPAR OF PLANNING AND ZONING
A
FROM: J Y COSTELLO, PLANNING TECHNICIAN II
SUBJECT: MEETING OF FEBRUARY 25, 1992
FIRST READING OF ORDINANCE NO. 8-92 - REZONING PROPERTY
ON THE WEST SIDE OF PALM SQUARE FROM RM (MULTIPLE
FAMILY RESIDENTIAL) TO CF (COMMUNITY FACILITIES).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of the rezoning ordinance
affecting lots 42 - 44, Block 125, Palm Square (unrecorded
plat) . The proposed zoning is to accommodate a parking lot
associated with Patio Shoppes development proposal. The
conditional use request for the proposed parking lot will be
heard concurrently with second reading of this Ordinance.
The property is located on the west side of Palm Square,
between E. Atlantic Avenue and S.E. 1st Street.
BACKGROUND:
The subject property is currently in the same ownership as the
property to the north. Immediately to the north, adjacent vacant
land is zoned CBD. A CBD zoning designation cannot be
accommodated on this site because the Future Land Use Map shows
it as Medium Density Residential; hence the current zoning of RM.
The property owner wishes to construct a parking lot on the
property. The parking lot is in conjunction with a proposal to
construct an 11,736 sq. ft. structure on the site of the former
Patio Delray Restaurant. To do so, this property must have a
zoning other than RM. The CF (Community Facilities) zone
district is a vehicle through which this desire can be
accommodated. While the CF zone district is "primarily intended
for facilities which serve public and semipublic purposes" it
does accommodate a "privately operated parking lot" as a
conditional use. Thus, the use of the zoning for the intended
purpose is appropriate and permitted.
'.
City Commission Documentation
Meeting of February 25, 1992
First Reading of Ordinance No. 8-92 - Rezoning Property
On The West Side Of Palm Square From RM To CF
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board will formally review this item at
its meeting of February 24, 1992. The Boardls recommendation and
comments will be presented at the February 25th City Commission
meeting.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. 8-92 on First Reading and
setting of a public hearing date of March 11th.
Attachment:
* P & Z Board Staff Report and Documentation of February 24th
* Copy of Ordinance No. 8-92
JC/T:CCPATREZ.DOC
fI
_. --
ORDINANCE NO. 8-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL -
MEDIUM DENSITY) DISTRICT IN CF (COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING LOTS 42, 43 AND 44, OF THE
PLAT ENTITLED PALM SQUARE, AN UNRECORDED PLAT OF BLOCK
125 AND 133, DELRAY BEACH (FORMERLY TOWN OF LINTON) ,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED HERE}: N; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the CF
(Conununity. Facilities) District, as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
Commencing 188.6 feet south of Atlantic Avenue on east
side of Bay Street; thence east 100 feet to the Point
of Beginning; thence east 100 feet, thence south 75
feet; thence west 100 feet, thence north 75 feet to
the Point of Beginning, lying in Block 125 of the Town
of Linton, as per Plat thereof on file in the Office
of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 1, Page
3; also described as, Lots 42, 43 and 44, of the Plat
entitled Palm Square, an unrecorded Plat of Block 125
and 133, Delray Beach (formerly Town of Linton), Palm
Beach County, Florida.
The above desc~ibed parcel contains .0171 acres of
land, more or less.
The subject property is located on the south side of
Atlantic Avenue, between Palm Way and S.E. 7th Avenue,
Delray Beach, Florida.
Section 2. That the Planning Director of said City shall. upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances In
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of thiS
ordinance or any portion thereof. any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as )
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and fina:
reading on this the day of , 1992.
MAY 0 R
ATTEST:
City Clerk
.
First Reading
Second Reading --
"
PLANNING & ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: FEBRUARY 24~. 1992
AGENDA ITEM: IILA.
ITEM: REZONING. RM TO CF AND ATTENDANT CONDITIONAL USE REQUEST FOR A
PARKING LOT IN CONJUNCTION WITH REDEVELOPMENT OF THE PATIO SHOPPES (CBD)
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GENERAL DATA:
Owner.........................Patio Associates Limited
Agent.........................Digby Bridges
Digby Bridges, Marsh & Associates
Location......................On the west of Palm Street, between
Atlantic Avenue and S.E. 1st
Street.
Property Size.................O.172 Acres
City Land Use Plan............Medium Density 5-12 du/acre
Existing zoning...............RM (Multi-Family Resldential)
Proposed-Zoning...............CF (Community Facilities)
Adjacent Zoning...............North: CBO (Central Business
District)
East: RM and CF
South: RM
West: RM
Existing Land Use.............Vacant
Proposed Land Use.............Construction of 15 space parking
lot for adjacent development to the
north.
water Service.................Existing 8" water main along the I
north side of Atlantic Avenue, and
an existing 2" line along Palm
street.
Sewer Service.................Existing 20" sanitary sewer line
along Atlantic Avenue, existing 8"
line along Palm Street, and an
existing 8" line along the rear of
1~.~ "_~.~.7 and 8.
. .
I T E M B E FOR E THE BOA R D:
The action before the Board is that of making a recommendation on
the following items:
* Request to Rezone Lots 42-44, Block 125, Palm Square
(unrecorded plat) from RM (Medium Density Residential)
to CF (Community Facilities).
* Request for Conditional Use approval to establish a
privately operated parking lot in the proposed CF zone
district. --.
The subject property is located on the west side of Palm Square,
between East Atlantic Avenue and S.E. 1st Street, within the
Marina Historic District.
B A C K G R 0 U N D:
Lots 42 and 43 once contained a residential structure. In 1979,
the structure was damaged by - fire and was subsequently
demolished. Since then, these two lots have remained vacant.
Lot 44 contained a portion of the parking lot associated with the
Patio Delray Restaurant, whi~h was located along Atlantic Avenue.
In 1986, a site plan and conditional use request was submitted to
the City. The site plan proposed to renovate and convert the
existing 11,434 sq. ft. restaurant into a l2,O46 sq. ft. three
story structure containing a mix of a restaurant, retail shops
and offices. The conditional use request was to allow associated
parking on lots 42 and 43, which were zoned RM-I0.
At its meeting of April 14, 1986, the P lanning- _ a'nd Zoning Board
recommended approval of the site plan and conditional use request
for Patio Delray subject to conditions. During the meeting there
was lengthy discussion with regard to the traffic and parking
situation.
At the City Commission level, discussions continued with respect
to alternatives to provide the required parking. The item was
then referred to committee and there is no record of any
disposition. In 1989, the restaurant was demolished after being
damaged by fire.
PRO J E C T DES C RIP T ION:
The development proposal is to construct a parking lot on lots
42,43 and 44. The parking lot will be associated with a proposal
to construct an 11,736 sq. ft. structure on the site of the former
Patio Delray Restaurant. There are 40 parking spaces required.
The sketch plan shows 41 spaces provided; 15 of which are to be
located on these three lots (42,43 & 44) . Along the west and
south property lines a 6 ' solid masonry wall will be provided
along with associated landscaping.
'I
P & Z Board Staff Report
Rezoning (RM to CF) and Conditional Use Approval (Parking Lot)
Page 2
.-
CONDITIONAL USE AND ZONING ANALYSIS:
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 findinqs 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 subject property (Lots 42,43 & 44) has a Medium Density
Residential land use plan designation and is currently zoned
RM (Medium Density Residential). Pursuant to Section 4.4.2l
(A) , the proposed zoning of CF (Community Facilities) is
deemed compatible with all land use designations shown on
the Future Land Use Map.
The CF zone district is a special purpose zone district
primarily intended for facilities which serve public and
semi-public purposes. Pursuant to Section 4.4.2l(C)(8),
within the CF zone district, privately operated parking lots
(the proposed use) are allowed as a Conditional Use.
An alternative approach would be to rezone the property to
CBD (Central Business District) . This would require an
amendment to the Future Land Use Map from Medium Density
Residential to Commercial Core. However, if the land use
plan was changed and the property rezoned to CBD, the
development standards would allow construction of a
commercial building with a height of up to 601.
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 proposed CF zoning and parking lot conditional use will not
have an impact on the level of service standards. With the full
site plan submittal, which will include these three lots,
findings of concurrency will need to be made.
P & Z Board Staff Report
Rezoning (RM to CF) and Conditional Use Approval (Parking Lot)
Page 3
--
Consistency: Compliance with the performance standards set forth
in Section 3.3.2 along with the required findings in Sections
2.4.5(0)(5) (Rezoning Findings) and Section 2.4.5(E)(5)
(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 making of a finding of overall consistency.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following was found:
Land Use Element Objective A-l - Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and other
applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs. (bl, b3)
A. Physical Considerations - There are no special physical
or environmental characteristics of the land that would
be negatively impacted by the proposed parking lot use.
B. Complimentary with Adjacent Land Uses - The proposal
will be complimentary to the proposed commercial
development to the north and will provide a buffer
between the commercial use and residential uses.
C. Fulfills Remaininq Land Use Needs - The lack of parking
within the CBD has been identified asa problem, which
can impede revitalization within the CBD.
Accommodating parking needs through innovative actions
is encouraged to promote revitalization of the
CBD.(Land Use Policy C-4.1)
....
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3. 3. 2 and other policies which
apply are as follows:
A) That a rezoning to other than CF within stable residential
areas shall be denied. (Housing element A2.4)
Pursuant to the Hous ing Element, the residential areas to
the south, east and west are designated as "Stable". The
zoning change to CF is consistent with this standard.
D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
,both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
"
P & Z Board Staff Report
Rezoning (RM to CF) and Conditional Use Approval (parking Lot)
Page 4
.-
The subject property is currently zoned RM (Medium Density
Residential). North 0 f the property is zoned CBD; eas~ is
zoned CF and RM; south and west are zoned RM. The
surrounding land uses include: an existing multiple family
- structure to the west; an existing single family residence
to the south; an existing single family residence and the
south portion of a parking lot to the east; and a vacant lot
to the north. The proposed rezoning and parking lot use are
associated with a development proposal to construct a
commercial building on the vacant lot to the north.
The. subject property contains 7,500 sq. ft. Per . the RM
district regulations, the only permitted use that can be
constructed on a lot of this size is a single family
residence. Thus, the developability of the property is
limited.
Pursuant to Section 4.6.4(E), where a CF zone district is
adjacent to a residential district, whether separated by a
street or alley, a special district boundary treatment is
required. A landscaped setback of 15' ; or a landscaped
setback of 10' and either a six foot solid masonry wall or
continuous hedge at least 4 1/2' in height is required. The
attendant sketch plan indicates:
* a 101 landscape setback with a 6 I solid masonry
wall will provided along the south property line;
* an 8' landscape setback with a 6' solid masonry
wall will be provided along the west property line
adjacent to the residential property, and;
* a 5' landscape strip along the eas~ property line
(frontage along Palm Square).
With respect to the west property line, the reduction of the
landscape area by 2' may not be a concern as a wall will be
provided on the property line. Immediately adjacent to the
wall is the parking for the residences to the west.
Boundary treatment along the east property line is
especially important. There is an existing single family
dwelling directly across from the parking lot on the east
side of Palm Square. There may be a negative impact on the
residence during the evening hours, as headlights will be
shining towards the house. Sufficient regulations do exist
to mitigate this impact. Increased buffering (landscaping
or a low wall) can be provided in this area. As indicated
above, the CF zone district requires a 4 1/2' hedge or wall.
P & Z Board Staff Report
Rezoning (RM to CF) and Conditional Use Approval (Parking Lot)
Page 5
,-
Section 2.4.5(0)(5) (Rezoning Findings):
Pursuant to Section 2.4.5 (0)(1) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
. That the zoning had previously been changed, or was
originally established, in error;
. That there has been a change in circumstances which
make the current zoning inappropriate;
. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicant has submitted a justification statement which
states the following:
"These three lots, 42, 43 and 44, have always been used as a
parking lot for the previous business which was the Patio
Restaurant, destroyed by fire some years ago. Under the old
Land Development Regulations, the zoning was RM and under
those regulations, property zoned RM could be used as an
attendant parking area, which did require Conditional Use
approval. Since the original application submitted in 1986,
this clause in the LDR to allow attendant parking in the RM
district has been removed now requiring the owner of this
property to request a zoning change to CF, which allows
for attendant parking. A similar condition existed in
regards to the property now occupied for parking for
Brandyls Waterside Cafe. The Planning and Zoning Board
during the original application recommended that Conditional
Use be granted for parking on these three lots. Therefore,
taking into account all these items, a rezoning of these
lots to CF is consistent with good zoning and not contrary
to the Master Plan."
Comment: The basis provided appears to fulfill the third ~eason
for which a property could be rezoned, in that the parking lot is
similar in intensity. Rezoning the three lots to CF will
function the same as a parking lot which was allowed within the
RM zone district. However, the CF zone district has special
landscaping requirements adjacent to residential zone districts.
In addition, the CF district functions as a buffer between the RM
and CBD zone district in that no commercial structures can be
erected on the CF properties.
"
P & Z Board Staff Report
Rezoning (RM to CF) and Conditional Use Approval (Parking Lot)
Page 6
. .
Section 2.4.5(E)(5) (Conditional Use Findings):
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to
provisions of Chapter 3, the City Commission must make findings
that establishing the conditional use will not:
A. Have 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.
The Housing Element (Goal Area A) of the Comprehensive Plan calls
for preservation and maintenance of stable neighborhoods. As
previously identified in this report, the adjacent residential
areas are designated as "Stable". A portion of the property was
previously used for parking. The proposed use should not have a
detrimental effect on the stability of the neighborhood, and will
instead help to stimulate redevelopment of nearby properties.
REV I E W B Y o THE R S:
HISTORIC PRESERVATION BOARD:
At its meeting of February 19, 1992, the Historic Preservation
Board reviewed the rezoning and conditional use requests, and
forwarded a recommendation of approval to the Planning and Zoning
Board.
COMMUNITY REDEVELOPMENT AGENCY:
"-
At its meeting of February 6, 1992, the Community Redevelopment
Agency reviewed and recommended approval of the rezoning and
conditional use requests.
DOWNTOWN DEVELOPMENT AUTHORITY:
The item will be presented to the DDA at its February 24th
meeting. A recommendation and comments will be presented at the
Planning and Zoning Board Meeting.
NEIGHBORHOOD NOTICE:
Formal public notice has been provided to property owners within
a 500 ft. radius of the subject property. A letter from the
Palm. Square - Marine Way Homeowners Association, expressed
concerns over additional traffic. The concerns of the
Association relate to traffic patterns, which are aspects of the -
site plan. A copy of the letter is attached. Letters of
objection, if any, will be presented at the Planning and Zoning
Board meeting.
P & Z Board Staff Report
Rezoning (RM to CF) and Conditional Use Approval (Parking Lot)
Page 7
. .
ASS E SSM E N T AND CON C L U S ION:
-
Pursuant to Chapter 3, CF is the only rezoning which can occur in
a stabilized residential area. Zoning to CF, will insure that a
commercial building is not constructed in proximity to the
existing residential units to the south, east and west. The
zoning provides a transition between the commercial and
residential properties.
The proposed parking lot will help fulfill the need for parking
within this CSD area. In addition, the zoning change will
further the policies of the Comprehensive Plan, which encourage
the rehabilitation and revitalization of the CSD.
A L T ERN A T I V E ACT ION S:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a posi.tive finding with respect to Chapter 3
(Performance Standards), and that pursuant to Section
2.4.5(0)(5) the rezoning fails to fulfill at least one of
the reasons listed under Subsection 2.
c. Recommend approval of the rezoning and conditional use
requests based upon positive findings with respect to
Chapter 3 (Performance standards) of the Land Development
Regulations, policies of the Comprehensive Plan, Section
2.4.5(D)(5) and Section 2.4.5(E)(5).
S T A F F R E COM MEN 0 A T ION:
By separate motions: ' ..,
A. Recommend approval of the request for Rezoning from RM
to CF based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive
plan and Section 2.4.5(0)(5).
B. Recommend approval of the Conditional Use request based
upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development
Regulations, policies of the Comprehensive plan and
Section 2.4.5(E)(5).
Attachments:
* Letter from Palm square/Marine Way Homeowners Association
* Zoning Map
* Site Plan
JAC/T:PATIOREZ.DOC
"
PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION
~ Y SSAa--t. FLORIDA
February 17, 1992
- REA- Y TO:
65 Palm Square
Delray Beach, FL 33483
TO THE MEMBERS OF THE DELRAY BEACH PlANNING AND ZONING BOARD:
The members of the Palm Square-Marine Way Homeowners Association have reviewed the
plans for the development of the southwest corner of Atlantic Avenue and Palm Square.
In order to accomodate this added burden of traffic and parking in a historical
residential area, we hope every effort will be made to gain access to Seventh Avenue
and to close Palm Square between the residential and the commercial zoned areas.
The development of Brandy's and elimination of the -No Left Turns. at Atlantic Avenue
and Palm Square are causing a tremendous increase in the traffic through the Marina
Historic District. In addition, Brandy's is now creating a large sidewalk cafe on
Marine Way and in the future will, no doubt, open second and third floor.
As you know, Mr. Handelsman has submitted plans for a two-story, 11,376 square foot
building on the corner of Palm Square and Atlantic Avenue. The building will house
stores, offices, andf restaurants including a sidewalk cafe. The small number of
parking spaces indicated will never be adequate for that number of businesses. An
added problem will be trucks unloading on Atlantic Avenue. The overflow will park on
the streets throughout the neighborhood.
We want commercial development but the neighborhoods deserve consideration. Come
and look at the area. Almost every parking space is filled at Brandy's, the Park,
and Atlantic Plaza at noon and in the evening when the Paddleboat goes out and the
stores and restaurants are operating. ' "'l
With access to Seventh Avenue, traffic could be routed to the city parking lot next to
Victorio's and behind Best Western; all through commercially zoned areas, not resi-
dential. Traffic could be kept out of the neighborhoods and would have access to both
lanes of u.S. II via the traffic light at Seventh Avenue and Atlantic Avenue.
Please give this problem serious consideration when you review this project.
~1E(GlEnWlEIID
FEB 19 1992
PLANNING & ZONING
cc: Mayor and City Commission
City Manager
Traffic Manager
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER .rJ': /
FROM:
SUBJECT: AGENDA ITEM i 1.;2 B - MEETING OF FEBRUARY 25. 1992
ORDINANCE NO. 9-92
DATE: February 21, 1992
This is a first reading of an ordinance amending the Land Development
Regulations to provide that any required impact fee assessed for the
purpose of providing park and recreation facilities shall be
collected at the time of issuance of a building permit.
Currently, all fees associated with permits, except the park and
recreation impact fee, are imposed and collected at the time the
building permit is issued. The existing code provides for the
payment of the park and recreation impact fee prior to the issuance
of a certificate of occupancy.
It is staff opinion that by incorporating this change we can insure
all fees are collected at one time, which would improve the existing
processing and eliminate delays in the issuance of certificates of
occupancy.
Recommend approval of Ordinance No. 9-92 on first reading.
I;(~
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3
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I<i-
.
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LOLA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~
SUBJECT: AMENDMENT TO LDR'S - SEC. 5.3.2(C) (3) AND SEC. 5.3.2(C) (4)
DATE: FEBRUARY 19, 1992
ITEM BEFORE THE COMMISSION:
- -
Request City Commission approval to amend Section 5.3.2(C) (3) and
Section 5.3.2. (C) (4) of the LDRls regarding the required time of
payment for impact fees assessed for the purpose of providing
park and recreational facilities.
BACKGROUND:
Currently, all fees associated with permits, except the park and
rec impact fee, are imposed and collected at the time the
building permit is issued. The existing code provides for the
payment of the park and rec impact fee prior to the issuance of a
certificate of occupancy.
By incorporating this change we can insure all fees are collected
at one time, which would improve our existing processing and
eliminate current delays in issuing c.o.' s. In some cases where
the construction activity is complete, the existing code allows
for the contractor/developer to delay payment, forcing staff to
leave the permit file open, resulting in a tracking problem and
necessitates the sending of additional notices.
The proposed code amendments are identified by underscoring and
would read as follows: Section 5.3.2(C)(3) The fee shall be
collected at the time of issuance of ~ building permit. Section
5.3.2(C)(4) The impact fee for all other types of development
shall be imposed and collected at the time of issuance of a
building permit for the structure which houses the units. ---
RECOMMENDATION:
The Department of Community Improvement recommends City
Commission approval of the proposed code amendments to Sec.
5.3.2 (C) (3) and Sec. 5.3.2 (C) (4) of the Land Development
Regulations. The Planning and Zoning Board will consider this
code amendment at their regular meeting on February 24, 1992.
LB:DQ
D12
PARKFEE.CC
"
. '.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same 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 , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
. ~ 2 ~ Ord. No. 9-92
"
ORDINANCE NO. 9-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FIVE,
"SUBDIVISION REGULATIONS", SECTION 5.3.2, "PARK
LAND DEDICATION", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTIONS
5.3.2(C) (3) AND 5.3.2(C) (4) TO PROVIDE THAT ANY
REQUIRED IMPACT FEE ASSESSED FOR THE PURPOSE OF
PROVIDING PARK AND RECREATIONAL FACILITIES SHALL
BE COLLECTED AT THE TIME OF ISSUANCE OF A BUILDING
PERMIT~ PROVIDING A SAVING CLAUSE~ PROVIDING A
GENERAL REPEALER CLAUSE~ PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Five, "Subdivision
Regulations". Article 5.3, "Dedication and Impact Requirements",
Section 5.3.2, "Park Land Dedication", Subsection (C), "Impact
Fee Required", of the Land Development Regulations of the City of
Delray Beach, Florida, be. and the same is hereby amended to read
as follows:
(C) Impact Fee Required: Whenever a development is
proposed upon land which is not designated for park purposes in
the Comprehensive Plan. an impact fee assessed for the purpose of
providing park and recreational facilities shall be imposed.
(1) The amount of the fee shall be $500 per dwelling
unit regardless of the size or occupancy of the unit.
(2) The fee shall be assessed against the following
type of development:
* single family homes
* duplexes
* multiple family dwelling units
* motels. hotels, residential inns
* resort dwelling units
(3) The impact fee for single family dwellings shall
be imposed and collected upon first development of the
lot. If a previously built upon lot becomes vacant for
a period of greater than 180 days, then upon
reestablishment of residential use the impact fee shall
be imposed and collected. However, in no event shall a
lot be assessed such a fee more than once. The fee
shall be collected pti6tlllt6/lt~e/li..janteI16fllla
tettifit.te/0f/6tt~panttJ at the time of issuance of a
building permit.
(4) The impact fee for all other types of development
shall be imposed and collected jp6nIIL..janteI16flla
tettifitate/6f/6tt~p.~tt at the time of issuance of a
building permit for the structure which houses the
units. If such development involved the demolition or
removal of dwelling units which had been continuously
inhabited for 180 days prior to their demolition for
the new development. a credit shall be given for those
units.
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.
'I
,
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER. "?
SUBJECT: AGENDA I TEM ~ / ~ C. - MEETING OF FEBRUARY 25. 1992
ORDINANCE NO. 10-92
DATE: February 21, 1992
This is a first reading of an ordinance amending the Land Development
Regulations to provide that the Chief Building Official shall have
the authority to approve canopies, marquees and covered wal~ways
extending into the public right-of-way, through approval of an
applicable agreement with the City.
Section 6.3.5 of the Land Development Regulations currently states
that canopies, marquees and covered walkways may extend into the
public right-of-way when approved by the City Commission through
approval of an applicable agreement with the City. This proposed
amendment would grant the Chief Building Official that authority.
If this amendment is approved, construction of canopies, etc. would
be regulated by Section 2201.2 and 2201.3 of the Building Code, a
copy of which is attached.
The Planning and Zoning Board will review this item at their February
24th meeting. Their findings and recommendations will be presented
at the February 25th regular meeting.
Recommend approval of Ordinance No. 10-92 on first reading subject to
the findings and recommendations of the Planning and Zoning Board.
p~ I;(~
3~
"
.. .
". -,1*,.",
MEMORARDUM
TO: DAVID HARDEN - CITY MANAGER
LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~
FROM:
SUBJECT: AMENDMENT '1'0 LOR'S - SEC. 6.3.5 CANOPIES
- -
DATE: FEBRUARY 19, 1992
ITEM BEFORE THE COMMISSION:
- -
Request City Commission approval to amend Section 6.3.5 of the LDRls
governing approval of canopies, marquees and covered walkways
extending into the public right-of-way.
BACKGROUND:
Section 6.3.5 currently states that canopies, marquees and covered
walkways may extend into the public right-of-way when approved by the
City Commission through approval of an applicable agreement with the
City.
We are proposing that the code be amended to grant the Building
Official the authority to approve such items. Therefore, the proposed
amendment would read as follows: canopies, marquees and covered
walkways may extend into the public right-of-way when approved by the
Chief Building Official through approval of an applicable agreement
with the City. Proposed change is identified by the underscore.
permi ts are issued in compliance wi th Chapter 5, Section 5-1 of the
Life Safety Code 101 and Chapter 22 of the Standard Building Code.
(Code sections are attached for your reference)
RECOMMENDATION:
The Department of Community Improvement recommends City Commission
approval on the proposed code amendment to Section 6.3.5 of the Land
Development Regulations. The Planning and Zoning Board will consider
this code amendment at their regular meeting on February 24, 1992.
LB:DQ
d12
Canopy.CC
'I
.,;,~-~,
CHAPTER 22
USE OF PUBLIC PROPERTY
2201 GENERAL
The use of public property or any portion thereof, shall be in accordance
with the provisions of this chapter, except signs which shall conform to the
requirements of Chapter 23, and allowable use of public property during
construction in 210 1.1.
2201.1 Doors And Windows
Doors shall not open or project upon public property. Exit doors, as specified
in Chapter II, which are required to open in the direction of exit travel,
shall be set back from the property line by means of vestibules or similar
enclosures. Windows which swing over public property shall have a clearance-
of not less than 8 ft above the sidewalk or ground level.
2201.2 Marquees, Canopies Or Fixed Awnings
2201.2.1 Fixed awnings, marquees or canopies shall be entirely supported
from the building.
2201.2.2 All combustible materials used in the construction of such canopies,
awnings or marquees, shall be protected with not less than I-hour fire resistance
as specified in Chapter 10. All glazing in marquees, canopies, or fixed awnings
shall be of wired glass.
2201.2.3 Every fixed awning, canopy or marquee shall be at least 9 ft in
the clear, between the lowest point or projection and a sidewalk immediately
below. See 2303.5. The fixed awning. canopy or marquee shall not extend
or occupy more than two-thirds of the width of sidewalk measured from
the building, except that such fixed awning, canopy or marquee may occupy
the entire width of the sidewalk, provided it is 14 ft in the clear above the
sidewalk. The overall height of any marquee or canopy, including signs,
shall not exceed 8 ft measured from the roof of such marquee.
2201.2.4 Marquees or canopies designed for a roof live load of not less
than 40 psf shall be permitted the full width of the building (front) and
full depth of the building, comer location.
2201.3 Movable Awnings
Metal or canvas awnings may extend over public property for a distance
of not more than 5 ft, provided such awnings or any part thereof maintain
a clear height of 8 ft above the sidewalk. All such movable awnings shall
be supported on metal frames attached to the building.
2201.4 Prohibited Locations
, ",;.;$' 2201.4.1 Every awning, marquee or canopy shall be so located as not to
, "" rj t' interfere with the operation of any exterior standpipe, stairway or exit from
j1',)J (."t the building.
,:-! 10
\~r\d:J 2201.4.2 Awnings, marquees or canopies shall not be used as a landing
.~-,"l 'ld for any fire escape or exterior stair.
,
Standard Building Codel1988 381
lel1988 .
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ORDINANCE NO. 10-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER SIX,
"INFRASTRUCTURE AND PUBLIC PROPERTY", SECTION
6.3.5, "CANOPIES", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT THE
CHIEF BUILDING OFFICIAL SHALL HAVE THE AUTHORITY
TO APPROVE CANOPIES, MARQUEES AND COVERED WALKWAYS
EXTENDING INTO THE PUBLIC RIGHT-OF-WAY, THROUGH
APPROVAL OF AN APPLICABLE AGREEMENT WITH THE CITY:
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE: PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Six, "Infrastructure and
Public Property", Article 6.3, "Use and Work in the Public
Right-of-Way", Section 6.3.5, "Canopies", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 6.3.5 Canopies: Canopies, marquees and
covered walkways may extend into the public
right-of-way when approved by the t!ttlt0~!"!0ri Chief
Building Official through approval of an applicable
agreement with the City.
Section 2. That should ani section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same 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 , 1992.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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CITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 2'1 ~.',\' I"~ .-\\ i.~;:T . {)L.LR.\1' UL\CH. FLORIDA 33~-U
l-.\t":-;I\flL.E ':;,1-0: .2;',,\.~"~:~::' Writerls Direct Line
(407) 243-7092
MEMORANDUM
Date: February 25, 1992
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Newsracks and Other Movable Fixtures Ordinance
Our File #13-79-001
Attached is the long awaited proposed ordinance dealing with
news racks and movable fixtures. The ordinance has been
designed to restrict the negative aesthetic and safety problems
associated with benches, newsracks and the like. The ordinance
places restrictions on the location of movable fixtures within
the Cityls rights-of-way based on aesthetic grounds and
maintenance of a clear zone for pedestrian and vehicular
travel. The ordinance regulates the size of newsracks, along
with their coloration and placement. Newspaper vendors will be
most concerned with three aspects of the ordinance: ( 1 ) ban
on the placement of newsracks with single family residential
zoned areas; (2 ) limitation on color and therefore limitation
on news racks as advertising vehicles; ( 3) and uniformity of the
newsracks as to size.
The ordinance places enforcement in the hands of Code
Enforcement rather than Engineering.
In all likelihood the newspapers will challenge the
constitutionality of this ordinance; however, I believe that
this is proper regulation of their distribution rights if the
City Commission concurs in the importance of this ordinance
from an aesthetic and traffic safety perspective.
JSK: jw
Attachment
newsrack.jsk
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE
AND WORK IN THE PUBLIC RIGHT-OF-WAY", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING,
"NEWSRACKS", AND ENACTING A NEW SECTION 6.3.3,
"NEWSRACKS, BENCHES AND OTHER UNATTACHED FIXTURES"
TO PROVIDE FOR THE APPLICATION OF THIS SECTION TO
ALL UNATTACHED FIXTURES WITHIN THE RIGHT-OF-WAY;
PROVIDING FOR DEFINITIONS; PROVIDING FOR OBJECTIVE
STANDARDS FOR THE LOCATION OF UNATTACHED FIXTURES IN
THE RIGHT-OF-WAY; PROVIDING STANDARDS FOR INSTALLA-
TION AND MAINTENANCE OF NEWSRACKS; PROVIDING A BAN
ON THE LOCATION OF NEWSRACKS WITHIN RIGHTS-OF-WAY OF
SINGLE FAMILY RESIDENTIAL DISTRICTS; PROVIDING FOR
ENFORCEMENT BY CODE ENFORCEMENT DEPARTMENT; PROVID-
ING FOR SPECIFIC APPELLATE REMEDIES; PROVIDING A
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVID-
ING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach ; has invested millions of
dollars in installing and maintaining streetscaping and landscaping
along the public rights-of-way within Delray Beach; and,
WHER&AS, the City of Delray Beach is in the process of imple-
menting its Decade of Excellence Bond program which will provide
additional funding of drainage, paving, and beautification of rights-
of-way within Delray Beach; and,
WHEREAS, the City Commission of the City of Delray Beach has
maintained a stiict sign code for a number of years, specifically
prohibiting off- ite advertising; and,
WHEREAS, the City Commission of the City of Delray Beach is
desirous of providing safe traffic areas for pedestrians, bicyclists,
and motor vehicles; and,
WHEREAS, the City Commission of the City of Delray Beach
wishes to improve the aesthetics of rights-of-way within its residential
and commercial zoned areas; and,
WHEREAS, the residential rights-ot-way within the City of
Delray Beach have not been designed to withstand constant traffic on the
nonpaved section of the right-ot-way; and,
WHEREAS, the City Commission finds that vehicular traffic
pulling onto swale areas on a continuing non-emergent basis causes
damage to the swale area which negatively affects the aesthetics of the
rights-of-way; and,
WHEREAS, the City Commission finds that vehicular traffic
pulling onto swale areas on a continuing non-emergent basis causes
damage to the swale area which negatively affects the drainage capabili-
ties of the swale area; and,
WHEREAS, the City Commission finds that newsracks which have
the corporate logo and coloration on them are signs within the meaning
of the City of Delray Beach Code of Ordinances; and,
WHERE1AS, the use of newsracks and benches as signs is illegal
in Delray Beach and damages the aesthetic quality of our residential and
commercial zoned neighborhoods; and,
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WHEREAS, the City Commission of the City of Delray Beach
believes that improving the aesthetics of Delray Beach's residential and
commercial neighborhoods will improve the quality of life for the
citizens of Delray Beach; and,
WHEREAS, the City Commission finds that damaged swale areas
negatively affects property values adjacent to such swale areas and
rights-of-way; and,
WHEREAS, the City Commission of the City of Delray Beach
believes there is adequate areas of distribution available.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article 6 . 3 , "Use and Work in the Public
Right-of-Way", Section 6.3.3, "Newsracks" of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby repealed and a new Section 6.3.3,
"Newsracks" of the Land Development Regulations of the Code of Ordi-
nances of the city of Delray Beach, be and the same is hereby enacted to
read as follows;:
Section 6 ;'3.3 Newsracks, Benches and Other Unattached Fixtures in
the Right-of-Way: Any newsrack, bench and other non-attached fixture
(hereinafter collectively referred to as "movable fixtures") which rests
in whole or in part upon, or on any portion of the public right-of-way
or which projects onto, into, or over any part of a public right-of-way,
or which is upon private property shall be located and maintained in
accordance with this Section.
(A) Definitions. For the purpose of this subsection the following
definitions shall. apply unless the context clearly indicates or requires
a different meanyng.
"Advertising Circular." Any publication that contains only
advertising and no news reports.
"Bike Path." That portion of a right-of-way improved,
designed, or ordinarily used for bicycle traffic.
"Controlling Entity." The person or entity responsible for
placing and maintaining a movable fixture, the owner of the movable
fixture, or the publisher of the newspaper vended within a newsrack.
"Newsrack." Any self-service or coin-operated box, container,
storage unit, or other dispenser installed, used, or maintained for the
display, sale, or distribution of newspaper or other news periodicals or
advertising circulars.
"Public Agency." The city, county, or the state.
"Right-of-way." All that area dedicated to public use or
otherwise owned by a public agency for public street purposes and shall
include, but not be limited to, roadways, 'swales, bike paths, and
sidewalks.
"Roadway." That portion of a right-of-way improved, designed,
or ordinarily qsed for vehicular traffic.
"Sidewalk." Any surface within a right-of-way provided {or
the exclusive or primary use of pedestrians.
"Swale." Any area within a right-of-way which is not either a
bike path, sidewalk, or roadway. The terms shall also include any area
within a roadway which is not open to vehicular travel.
2 ORD. NO.
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(B) Prohibited Locations:
(1) Landscaped Areas: Movable fixtures shall not be placed or
installed or erected on any landscaped area within an improved
public right-of-way. These areas are defined as having the follow-
ing ground cover materials:
(a) Sod,
(b) Decorative plants,
(c) Nati ve plants maintained pto match the surrounding
floor. 0
(2) :Public Utilities: Movable fixtures shall not be placed,
installedr or erected to obstruct the use of any public utility
pole or structure. These areas are defined as follows:
(a) Drainage structures: No movable fixture shall be
placed within 15 feet of any drainage structure, inlet pipe, or
other physical object meant to carry water for drainage purposes,
(b) Utility Poles: No movable fixture shall be
physically attached, chained, bolted, touched or to be placed
within 15 feet of any utility pole,
(c) Fire Hydrants: No movable fixture shall be located
within 25 feet of any fire hydrants.
(3) Traffic Control Devices: Movable fixtures shall not be
installed or erected to obstruct the function of traffic signals,
traffic signs or paved markings. These areas shall be defined as
follows:
(a) Traffic signals,
/
I (1) No movable fixture shall be physically
attached, bolted, chained, attached or be within 15 feet of a
traffic signal pole. No movable fixture shall be placed to
obstruct the free pedestrian flow to and from a pedestrian traffic
signal push button in order to allow for handicap access. This
will require movable fixtures not to be at least 30 feet away from
such pedestrian traffic signal.
(b) No movable fixture shall be physically attached,
bolted, chained, or touch a traffic sign or post used for the
support of traffic signs.
(4) Paved Surfaces: For the purpose of this regulation,
paved surfaces shall include any hard mi;lintained surface used or
built for the purpose of transporting vehicles, bicycles or
pedestrian. Surfaces shall include, but not be limited to,
asphalt, concrete, paver block, tree grates and/or rocks. No
movable fixture shall be placed, installed, or erected directly on
a paved surface.
(a) No movable fixture shall be placed, installed, or
erected directly on a paved surface which is intended primarily for
the use of motor vehicles.
11
'. , (b) Any movable fixture which is placed or maintained on
,'J paved surface intended primarily for the use of bicycles or pedes-
f,\".,v trians shall leave a clear area for traffic of not less than)5'
J\j feet.
(5) Clear Zones: No movable fixture shall be installed,
placed or erected within clear zones. The clear zone is defined as
follows:
3 ORD. NO.
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(a) The area within five feet of the face of the six
inch high curb.
(b) The area as measured from the edge of a travel lane
on the adjacent road within the following distances. If the speed
limit of the road is not visibly, it shall be assumed to be 30 mph
for purposes of this ordinance.
Speed Limit Distance
25 - 35 18 feet
40 24 feet
45 24 feet
50 or more 30 feet
(c) The area as measured from the edge of an auxiliary
lane based on the legally posted speed of the adjacent street
within the following distances. An auxiliary lane is defined as a
turn lane. If the posted speed limit of the road is not visibly
posted, it shall be assumed to be 30 mph for purposes of this
ordinance.
Speed Limit Auxiliary Lane Distance
25 - 35 10 feet .,
40 14 feet
45 14 feet
150 or more 18 feet
( 6 ) Sight Areas: No movable fixture shall be placed,
installed or erected within a sight area as defined in this
section.
(a) Traffic Signs - A triangular area in advance of
traffic signs as defined as follows
/
I 1. Stop and Yield Signs - The area within 12 feet
I
of the edge of pavement when no curb is present and in
advanced of the 'Stop' or 'Yield' sign for a distance of
300 feet.
(b) Driveways - No movable fixture shall occupy a space
as defined in this section.
1. Residential Driveways -
A. Single Family Residence - The area within
30 feet of the driveway edge measured where the
driveway meets the pavement edge.
B. Other Residential - The area within a
triangular area defined as follows. A point 10 feet
from the edge of pavement and centered on the
driveway approach lane shall define the base of the
triangle.
( 7 ) Other Areas: No movable fixture shall be placed,
installed, or erected in any of the areas defined in this section.
(a) The area within 50 feet of any railroad track.
(b) On any city property unless the location has been
specifically permitted by the City Manager or his designee.
(c) The area within the medians of a divided roadway.
( 8 ) Newsracks shall not be placed on any roadway, bike path
or adjacent swale area thereto within single family residential
zoned districts of the City.
4 ORD. NO.
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(C) Standards for Newsracks Maintenance and Installation:
(1) No more than one newsrack containing the same issue
or edition of the same publication shall be located within the
same block or 1,000 feet, whichever is the lesser distance, on
the same side of the street, provided, however, a controlling
entity may locate newsrack closer to each other if a public
need is determined to exist. A public need may be established
by the following method, but such method is not exclusive. A
controlling entity desiring to establish a public need, may
place a newsrack at the proposed location after notice to the
City for a period of one month. If during that one month test
period, the average circulation from that newsrack equals or
exceeds 75 percent of the capacity of the newsrack, the public
need is established and the newsrack may remain at its
location.
(2) Any newsrack which in whole or in part rests upon in
or over any public property or right-of-way shall comply with
the following standards:
(a) No single news rack shall exceed 4 feet, 6
inches in height, 32 inches wide or 24 inches in depth.
(b) No newsrack shall be used for advertising or
publicity purposes other than that dealing with the
display, sale or purchase of the newspaper or news
periodicals sold or distributed therein. Not more than
one (I) advertising sign (not exceeding 2 feet by 1 foot)
may be placed on a newsrack.
(c) Each coin operated newsrack, except where
newspaper or periodicals are ~~stributed free, shall be
equipped with a coin return mechanism to permit a person
u~ing the machine to secure an immediate refund in the
event he is unable to open the newsrack. The coin return
'mechanism shall be maintained in good working order.
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(d) Each new-srack shall have affixed to it in. a
readily visible place so as to be seen by anyone using
the newsrack, the telephone number of a working telephone
service to call and report a malfunction, or to secure a
refund in the event of a malfunction of the coin return
mechanism, and shall feature clearly on its face, the
name and address of the distributor to give the notices
provided for in this chapter.
(e) Each newsrack shall be maintained in a neat and
;y clear condition and in good repair at all times.
~~ (f) All newsracks shall have a uniform light brown
1;y'V,~ finish. Provided, however, that newsracks may be of any
! ~0 color if they are shielded from view on three sides in a
- (U' covering built and permitted in accordance with the
City's Building Code.
"~" '. : .... ..~ (D) Abandonment:
'-A "v
~v~ 'Ct In the event a movable fixture remains empty for a period
. ,\~ ^If(;\ of 30 continuous days, it shall be deemed abandoned, and may
'--{~i.:j\ N.JI be treated in the same manner as provided in (F) below for
~/ ~ movable fixtures in violation of. the provisions of this
\ ~ subchapter.
5 I. ORD. NO.
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(E) lRestrictions on Advertising:
j
'((I) The use of a bench for advertising purposes is
strictly prohibited.
(2 ) Newsracks shall be light brown in color and may
display the name of the publication on it only once in letter-
~\\ ing not measuring more than ,~" in height. Provided, however,
that newsracks may be of any color if they are shielded from
view on three sides in a covering built and permitted in
accordance with the City's Building Code.
(F) Enforcement; Correction of Violation:
( l) Upon determination by a Code Enforcement Officer
that a movable fixture has been installed, used, or maintained
in violation of the provisions of this subchapter, an order to
correct the offending condition shall be issued to the entity
controlling the movable fixture.
(2 ) If the movable fixture is posted as abandoned and
not removed within 5 days or the City is not contacted by the
entity controlling the movable fixture within 5 days, the City
may remove the movable fixture immediately. The City shall
store the movable fixture for 30 days and if not claimed
within that time, the City may dispose of the movable fixture
in any manner it deems appropriate. If the movable fixture is
claimed, the entity claiming the movable fixture shall be
responsible for all removal and storage charges. If the
charges are not paid within 15 days of claim being made, the
City may dispose of the movable fixture in any manner it sees
fit.
( 3/) If such entity is not identified on the movable
fixtur~, it will be considered abandoned and posted as such.
This order shall be mailed by certified mail return receipt
requested. The order to correct the "offending condition shall
specifically describe the offending condition and suggest
actidns necessary to correct the condition.
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I Failure to properly correct the offending condition
':( 4 )
within 15 days after the mailing date of the order, shall
result in the offending movable fixture being removed by the
city. Any movable fixture removed by the city hereunder shall
be stored at the controlling entity's expense for a period of
30 days. The movable fixture shall be released upon a proper
showing of ownership and payment of any and all storage
charges. In the event the movable fixture is not claimed
within the 30 day period, the movable fixture may be sold at
public auction and the proceeds applied first to storage
charges and then paid into the General Fund of the City. At
least ten days prior to the public auction, the City Clerk
shall publish a description of the movable fixture, the
location from which it was removed, and notice of the auction
in a newspaper of general circulation in the city and shall
provide the controlling entity identified on the movable
fixture or if otherwise known, with written notification of
the auction by certified mail, return receipt requested.
Provided, however, that the City Manager, or his designee, may
dispose of the movable fixture in any manner it sees fit
including negotiating the release of the movable fixture to
the controlling entity for less than full payment of all
storage charges if he is of the opinion that such disposal
will be more advantageous to the City than auctioning off the
movable fixture.
6 ORD. NO.
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(5) In the event the distributor of the movable fixture
appeals the order to correct the offending condition, as
provided for in Subsection 6.3.3(G), below, then removal of
the movable fixture shall be stayed pending final disposition
of the appeal, which final disposition shall include any
judicial review. The city shall pay or reimburse to the
distributor any storage charges paid pursuant to an order to
correct which is appealed as provided herein and the decision
rendered favorable to the distributor.
(G) Appeals: Any person or entity aggrieved by a finding, deter-
mination, notice of access taken under the provisions hereof (herein-
after an appellant) may appeal to the Code Enforcement Board. An appeal
must be effected within 15 days after the mailing or posting of notice
of any protested decision or action by delivering to the Clerk of the
Code Enforcement Board a letter of appeal briefly stating herein the
basis of the appeal. A hearing on the appeal shall be held on a date
not more than "30 days after the receipt of the letter of appeal unless
the parties mutually agree to an extension thereof. The appellant shall
be given at least 7 days written notice of the time and place of the
hearing. The Board shall give the appellant and any other interested
party a reasonable opportunity to be heard in order to show cause why
the fixture is not violating this ordinance. At the conclusion of the
hearing the Board shall make a final and conclusive determination. The
determination shall be reduced to writing and signed by the Board and
filed in the Office of the City Clerk within 10 days of the hearing and
a copy shall be sent to the appellant. The decision of the Board shall
be effective when rendered. The decision of the Board may be appealed
as provided for by law.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Sect.ilo 3. That should any section or provision of this
ordinance or an portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective immedi-
ately upon its passage on second and final reading; provided, however
that the Cityls formal "enforcement measures shall not begin for a period
of one hundred twenty (120) days.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 199 .
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MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
J 7 ORD. NO.
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