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03-24-92 Regular " . . . .. CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - MARCH 24. 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, as a 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 .. ., . . . City Commission Regular Meeting 3/24/92 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 March 11, 1992. 6. Proclamations: A. National Telecommunicators Week - April 12 through 1'~, 1992 B. Building Safety Week - April 12 through 18, 1992 C. Month of the Young Child - April 1992 7. Presentations: A. Francis Bourque - Old School Square Video. B. Loren Sheffer - Education Board Exposition. 8. Consent Agenda: City Manager recommends approval. A. APPROVAL OF INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY: Approve an interlocal agreement with Palm Beach County for joint funding under the Federal "HOME" Investment Partnership Program. B. ACCEPTANCE OF EASEMENT DEED: Accept an easement deed from Palm Beach County for a 50 foot drainage easement located on Roosevelt Avenue and Lake Ida Road. C. FINAL PLAT APPROVAL: Approve the final plat for the Amoco Oil Company located at the northeast corner of West Atlantic -2- .. .. .. . City Commission Regular Meeting 3/24/92 Avenue and N.W. 8th Avenue. Planning and Zoning Board recommends approval, subject to conditions. D. CHANGE ORDER NO. 3/REOUEST FOR FINAL PAYMENT/PAVEX CORPORATION: Approve deduct Change Order No. 3 which reduces the contract amount by $36,244.84 and approve the request for final payment in the amount of $3,900.54 to Pavex Corporation for completion of the 1991 Street Resurfacing and CBD Alleyway Resurfacing projects; with funding from Decade of Excellence Alley Reconstruction (Account No. 225-3162-541-61.43) and General Construction Fund - Resurfacing (Account No. 334-3162-541-60.53) . E. REOUEST FOR FINAL PAYMENT/FLORIDA BLACKTOP. INC. : Approve deduct Change Order No. 1 which reduces the contract amount by $1,780.16 and approve the request for final payment in the amount of $11,864.24 to Florida Blacktop, Inc. for completion of the S. Federal Highway curbing project; with funding from 1987 Utility Tax - South Federal Highway C-15 to Linton Boulevard (Account No. 333-4141-572-61.26). F. REOUEST FOR FINAL PAYMENT/FLORIDA BLACKTOP. INC. : Approve deduct Change Order No. 1 which reduces the contract amount by $3,931.18 and approve the request for final payment in the amount of $24,487.82 to Florida Blacktop, Inc. for completion of the N.E. 8th Street/N.E. 3rd Avenue and Dixie Boulevard intersection improvement project; with funding from General Construction Fund - Traffic Intersections (Account No. 334-3141-541-60.62). G. SOAP BOX DERBY RALLY: Approve a request from the Delray Beach Soap Box Derby Committee to close Linton Boulevard between U.S. 1 and A-1-A on May 2, 1992 or May 3, 1992 (rain date) from approximately 7:00 a.m. until the conclusion of the Soap Box Derby Rally races. H. SUMMER YOUTH EMPLOYMENT PROGRAM: Approve a City sponsored Summer Youth Employment Program. Approximate cost of this program is $17,280. Funding to come from participating departmental accounts. I. REOUEST TO EXPEND FUNDS FROM FEDERAL FORFEITURE ACCOUNT: Approve a request to expend $9,365 from the Federal Forfeiture Account in oxrder to purchase additional equipment for the Community Policing Unit. J. ACCEPTANCE OF GRANT FUNDING: Accept matching grant funding in the amount of $10,000 from the Clean Florida Commission to be used in conjunction with our Litter Prevention Program. Matching funds are available in the Sanitation Fund Project Reserve (Account No. 433-3711-534-90.41). -3- o. " . . .. City Commission Regular Meeting 3/24/92 K. RESOLUTION NO. 31-92: A resolution assessing the costs for abatement action required to board up an unsafe structure at 141-143 S.W. 12th Avenue. L. RESOLUTION NO. 32-92: A resolution assessing the costs for action ~equired to abate nuisances on 25 properties located within the City. M. RESOLUTION NO. 33-92: A Resolution authorizing the Chamber of Commerce to be the licensing authority for activities . associated with the Delray Affair to be held April 24, 25 and 26, 1992. N. RESOLUTION NO. 30-92: A resolution authorizing the initiationof eminent domain proceedings in conjunction with the improvements at S.D. Spady Elementary School. O. AWARD OF BIDS AND CONTRACTS: 1. Submersible Wastewater Pumps - Environmental Services - Southeastern Pump Corporation in the amount of $25,000 with funding from Water and Sewer Repair and Upkeep Equipment (Account No. 441-5144-536-33.32) . 2. Fire Safety House Trailer - Fire Department - Scotty RV Corporation in the amount of $22,488.88 with funding from Special Project - EMS Matching Grants (Account No. 115-0000-248-92.00) and Fire Department Equipment Other (Account No. 001-2315-526-60.89) . 3. Two ( 2 ) 1 Ton Trucks - Streets Division - Duvall Ford (State Contract) in the amount of $33,486 with funding from City Garage Fund - Automotive (Account No. 501-3312-591-60.84). 4. Landscape Maintenance - N.E. 8th Street (N.E. 6th Avenue to A-1-A) and West Atlantic Avenue (Swinton Avenue to 1-95) - Tare Landscaping in the amount of $19,390 with funding from Beautification Trust Fund - Beautification Maintenance Contract (Account No. 119-4144-572-33.49). ~ PrDOlCJ'\ f)u.ffi - :1:+0"nS p+~ 9. Regular Agenda: A. REVItW 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 Histo1;'ic Preservation Board during the period March 9, 1992 through March 20, 1992. B. CONTINUANCE OF APPEAL/SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: Consider an appeal of a Site Plan Review and Appearance Board action approve the basic site plan for the Groves of Delray located north of Linton Boulevard, east of S.W. 10th Avenue extended, south of S.W. 11th Street and west of S.W. 8th Avenue. Continued from the 3/11/92 regular meeting. -4- 'f ,0 . . City Commission Regular Meeting 3/24/92 C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: Consider an appeal of a Site Plan Review and Appearance Board action denying a sign modification for Savings of America located at 1640 S. Federal Highway in the Delray Mall. D. RECONSIDERATION OF DECISION TO CLOSE PALM SOUARE: Reconsider the decision to close Palm Square on a trial basis. E. SELECTION OF ARCHITECTURAL FIRM/FIRE STATION NO. 5 : Rank the top three or four architectural firms and authorize staff to negotiate a contract for architectural services for the development of Fire Station No. 5. F. REOUEST FOR MODIFICATION OF STANDARDS/911 EVE STREET: Consider a request from the property owner at 911 Eve Street to permit a dock to remain as constructed within 10 feet of the adjacent property line. City Engineer recommends approval. Continued from the 3/11/92 regular meeting. G. MODIFIED CHANGE ORDER NO. 4/ELKINS CONSTRUCTORS. INC: Approve modified Change Order No. 4 in the amount of $11,433 to the contract with Elkins Constructors, Inc. for additional services required for the North Water Storage Tank and Pump station project with funding from 1984 Water and Sewer Construction Fund - North Plant (Account No. 441-5162-536-60.93). City Manager recommends approval. Continued from 3/11/92 regular meeting. H. REOUEST FOR CONDITIONAL USE APPROVAL: Consider a request for conditional use approval to convert an existing single family home located at 206 S.W. 13th Avenue to a child care center (Little Lee Christian Academy) . Planning and Zoning Board recommends approval. I. OPTIONS FOR ANNEXATION/HIGHLAND PARK MOBILE HOME SUBDIVISION: Consider the recommendations made by the Planning and Zoning Board with regard to the annexation of the Highland Park Mobile Home subdivision and adjoining commercial properties located along West Atlantic Avenue. J. CHANGE ORDER NO. 2/ARZ BUILDER'S INC. : Approve Change Order No. 2 in the amount of $9,072.50 for the installation of three additional fire hydrants on Pineapple Grove Way (N. E. 2nd Avenue); with funding from Fire Hydrant Replacement (Account No. 442-5178-536-61.77). City Manager recommends approval. K. SERVICE AUTHORIZATION NO. 2/LAWSON. NOBLE AND ASSOCIATES: Approve Service Authorization No. 2 in an amount not to exceed $69,692.70 for engineering design, bidding/negotiation, and construction administration services for a portion of the Decade of Excellence Street Reconstruction Program; with funding from Decade of Excellence - Street Reconstruction (Account No. 225-3162-541-61.17). City Manager recommends approval. -5- .. " . . City Commission Regular Meeting 3/24/92 L. SERVICE AUTHORIZATION NO. 9/HAZEN AND SAWYER: Approve Service Authorization No. 9 in the amount of $72,399 for design, permitting and construction services necessary to construct additional water production wells at the Municipal Golf Course; with funding from 1991 Water and Sewer Revenue Bond Well Monitoring/Rehabilitation - Engineering Services (Account No. 447-5171-536-33.11). City Manager recommends approval. M. PALM BEACH COUNTY FUTURE LAND USE AMENDMENTS/AMENDMENT 92-1 : Review and comment on proposed Palm Beach County Future Land Use Amendments and Amendment 92-1. Planning and Zoning Board recommends denial of the proposed amendments. 1<J.:tun, q. N. - LAu~'5 PeoPoSAL - AOO~D 8'1 CtTtf m~nllGE,e - 10. Public Hearings: A. ORDINANCE NO. 11-92: An Ordinance correcting the zoning from PC (Planned Commerce) district to POD (Planned Office District) for the Landis Medical Offices located on the northwest corner of Lowson Boulevard and Congress Avenue. Special Adjustment Advisory Board recommends approval. 1. REOUEST FOR CONDITIONAL USE APPROVAL: Consider a request for conditional use approval to establish a veterinarian office at the northwest corner of Congress Avenue and Lowson Boulevard. Planning and Zoning Board recommends approval (4-3 vote). 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. 12-92: An Ordinance correcting the zoning from RM (Residential Medium Density) zone district to CF (Community Facilities) zone district for the parking area associated with the Acura Automobile Dealership located on North Federal Highway. Special Adjustment Advisory Board recommends approval. If passed public hearing 4/14/92. B. ORDINANCE NO. 13-92: An Ordinance rezoning the American Legion facility property located at N.W. 8th Avenue and Martin Luther King Jr. Boulevard (N.W. 2nd Street) from R-1-A (Single Family Residential) zone district to CF (Community Facilities) zone district. Planning and Zoning Board recommends approval. If passed public hearing 4/14/92. 13. Comments and Inquiries on Non-Agenda Items: A. Commission -6- '" .. . . ' City Commission Regular Meeting 3/24/92 B. City Attorney C. City Manager : -7- .. . ' . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - MARCH 24, 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS ADDENDUM NO. 1 THE CONSENT AGENDA IS AMENDED TO INCLUDE: P. RATIFICATION OF CONTRACT FOR SALE. Ratify the Contract for Sale of Tract "E", Sherwood Park, to Mr. and Mrs. Richard Maloo1ey for $2,500.00. Terms of the sale have been previously approved by the Commission on January 14, 1992. Q. APPROVAL OF SETTLEMENT. Approve settlement of City of Delray Beach vs. Gary, et aI, relative to acquisition of Fire Station #1 property. City Attorney recommends approval set on the value of Parcel 17 with the owner, Mrs. IvaI Lowe, in the amount of $26,000.00. ., ., . . [ITY DF DELRAY BEA[H PR()CL~U1.ll/'! ' WHEREAS, dedicated telecommunicators daily serve the citizens of the City of Delray Beach by answering their telephone calls for police, fire and emergency medical services and by dispatching the appropriate assistance as quickly as possible; and, WHEREAS, the critical functions performed by profession- al telecommunicators also include those related to forestry and conservation operations, highway safety and maintenance activi- ties, and many other operations performed by federal, state and local government agencies; and, WHEREAS, professional telecommunicators work to improve the emergency response capabilities of these communication systems through their leadership and participation in training programs and other activities provided by the Associated Public-Safety Communications Officers, Inc. , (APCO) ; and, WHEREAS, the Associated Public-Safety Communications Officers, Inc., an organization of over 6,000 people engaged in the design, installation and operation of emergency response communications systems, has set aside the week of April 12-18, 1992 to recognize te1ecommunicators and their crucial role in the protection of life and property, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week of April 12-18, 1992 as "NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK" in the City of De1ray Beach, in honor and recognition of our City's telecommunicators and the vital contributions they make to the safety and well-being of our citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 24th day of March, 1992. MAYOR THOMAS E. LYNCH SEAL ~ It f '. '. , . [ITY DF DELRAY BEA[H ,- '-- ~ -- PROCLA.l/-t TIn \ WHEREAS, the City of Delray Beach is pleased to observe NATIONAL BUILDING SAFETY WEEK as scheduled for the week of April 12-18, 1992; and, WHEREAS, the purpose of the observance of the week is to highlight the services provided by Building Departments in ensur- ing the public's safety in the built environment; and, WHEREAS, NATIONAL BUILDING SAFETY WEEK promotes safety in building practices by calling attention to sound building procedures used by contractors working in the City of De1ray Beach, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of De1ray Beach, Florida, do hereby proclaim the week of April 12-18, 1992, as "BUILDING SAFETY WEEK" in the City of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 24th day of March, 1992. MAY 0 R THOMAS E. LYNCH SEAL ~ B . .. " MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~~ SUBJECT: NATIONAL BUILDING SAFETY WEEK - APRIL 12-18, 1992 DATE: MARCH 5, 1992 ITEM BEFORE THE COMMISSION: - - Consideration to proclaim April 12-18, 1992 as National Building Safety Week. BACKGROUND: The purpose of the observance of National Building Safety Week is to highlight the services provided by the City in insuring the public's safety and promotes safety in building practices by calling attention to sound building procedures used by contractors working in the City of Delray Beach. RECOMMENDATION: Staff recommends approval to proclaim ApriI12-18, 1992 as Building Safety Week in the City of Delray Beach. LB:DQ Attachment d/12 BldgWk.CC " '. . CITY DF DELRAY BEA[H PROCL 0/1 TIn' WHEREAS, the City of De1ray Beach and other local organizations, in conjunction with the National Association for the Education of Young Children, is celebrating the Month of the Young Child, April 1, to 30, 1992; and, WHEREAS, by calling attention to the need for quality child care for all young children and families within our commun~- ty, these groups hope to improve the quality and availability of such services; and, WHEREAS, the quality of services is primarily determined by the individual teachers and caregivers who perform this valu- able work; and, WHEREAS, the work of early childhood professionals is not fully understood and is under-appreciated; and, WHEREAS, quality child care services can provide the basis for a good beginning for children's sound growth and devel- opment, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim April 1 to 30, 1992, as "MONTH OF THE YOUNG CHILD" in the City of De1ray Beach and urge all citizens to recognize the valuable contributions of early childhood teachers and caregivers and to actively support the need for more and better child care within our community. IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of De1ray Beach, Florida, on this the 24th day of March, 1992. MAY 0 R THOMAS E. LYNCH SEAL . teL ., ., . '" . Appf1!~ 0/ dLi/q d- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ..., FROM: CITY MANAGER ~.~ i'v SUBJECT: AGENDA ITEM i cg~ - MEETING OF MARCH 24/ 1992 INTERLOCAL AGREEMENT WITH PALM BEACH COUNT~/FEDERAL "HOME" INVESTMENT PARTNERSHIP PROGRAM DATE: March 20, 1992 This item is before you to approve an inter local agreement with Palm Beach County for joint funding under the Federal "HOME" Investment Partnership Program. The purpose of this agreement is to allow the City and County to work together, in a cooperative effort, to meet the national housing policy of decent, safe, sanitary and affordable housing for the citizens of Delray Beach and Palm Beach County. By entering this agreement a consortium will be created which will be known as the "Palm Beach HOME Consortium". The agreement itself provides that the County will be responsible for administering the program and will act as the representative in dealings with HUD. Funds received from HUD for administrative costs shall be shared by the City and County according to the ratio of HOME Program funds allocated to the City and County, respectively. Additional match requirements incurred will be borne by the city. Participation in this program will provide the City wi t-h the opportunity to acquire existing substandard single family units and make them available to low and moderate income residents. Additionally, assistance may be provided to investor-owners in the form of a loan to upgrade the living conditions of their very-low and low-income tenants. The program also allows the City to administer a "First Time Homebuyer's" program through public-private partnership. The proposed program activities are consistent with activities approved under the City's Comprehensive Housing Assistance Strategy (CHAS) and the Comprehensive Plan. Recommend approval of an interlocal agreement with Palm Beach County for joint funding under the Federal "HOME" Investment Partnership Program. ,. ., . . , , Agenda I tem No.: AGENDA REQUEST Date: 3/18/92 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 3/24/92 Description of agenda item (who, what, where, how much): Approval of iuter10cal agreement with PBC for Joint Funding under the Federal "HOME" Program ORDINANCE/ RESOLUTION REQUIRED: ~ Draft Attached: ~NO Recommendation: Approval Department Head Signature. ~LA ~ 10 - Determination of Consistency with Comprehensive p~n: 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: ci~'S)' NO&7J Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .. . . MEMORANDUM TO: DAVID HARDEN, CITY MANAGER ~ FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT RE: APPROVAL OF INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR JOINT FUNDING UNDER THE FEDERAL -HOME" PROGRAM DATE: MARCH 18, 1992 ITEM BEFORE THE COMMISSION: - - Consideration of approval of the proposed Interlocal Agreement between the City of Delray Beach and Palm Beach County to form a Consortium fer the specific purpose of receiving and administering federal funds under the HOME Investment Partnership Program. BACKGROUND: The National Affordable Housing Act of 1990 authorized federal funding for jurisdictions which would establish programs to increase the number of families being served with decent, safe, sanitary and affordable housing and expand the long-term supply of affordable housing in accordance with the HOME Investment Partnership Act. The Act further provides for the formation of a consortium of geographically contiguous units of general local government to be eligible for funding under this program. Under this Interlocal Agreement the County will make the allocation awarded by HUD based on the ratio of Communi ty Development Block Grant funds received by the City for the fiscal year available to the City for program activities. HUD will determine the dollar award. Participation in this program will provide the City with the opportunity to acquire existing substandard single fami 1y units and make them available to low and moderate income residents for homeowners hip. :Properties that are acquired under this program will have an option to receive a conditional grant or private financing for substantial rehabilitation when necessary. Secondly, assistance may be provided to investor-owners in the form of a loan to upgrade the living conditions of their very-low and low-income tenants. Thirdly, the program prov ide s for the ability of the City to administer a First-Time Homebuyer's Program through a public-private partnership, providing second mortgages up to $15,000 to assist eligible households with homeownership approvals. The City proposes to administer the program under the approved program description developed by Palm Beach County Housing & Community Development Staff. ,. . Page 2 .pproval of Inter10cal Agreement !"1arch 18, 1992 The proposed program activities are consistent with activities approved under the City's Comprehensive Housing Assistance Strategy (CHAS) and the goals and objectives adopted within the Housing Element of the City's Comprehensive Plan. The Inter10cal Agreement will be considered by the County Commission at their regular meeting of March 24, 1992. RECOMMENDATION: Staff recommends City Commission approval of the Proposed Interlocal Agreement between the City of Delray Beach and Palm Beach County for the purpose of receiving funding under the HOME Investment Partnership Act. Commission is also requested to authorize staff to implement activities under the County's Program Description for the purpose of providing homeowners hip opportunities to low and moderate income residents. '. . MEMORANDUM TO: JEFF KURTZ - CITY ATTORNEY ~ FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT:' .. SUBJECT: INTERLOCAL AGREEMENT DATE: MARCH 11, 1992 Attached please find a copy of the proposed interlocal agreement that is being submitted for your review and approval. This agreement will provide the abi Ii ty for the City of Delray Beach to form a consortium with Palm Beach County for the receipt and administration of federal dollars under the HOME Program. This agreement was modeled after the Sarasota County agreement, which was approved by HUD in September 1992. All of the applicable federal regulations are addressed within the agreement. I have attached a copy of the County's Home Investment Partnerships Program, which defines the activities that we will be working on together. The County will have to amend their program description to incorporate the City of Delray Beach and the City of Boca Raton as eligible municipalities. The request to form the consortium and approval of the interlocal agreement will be considered before the County Commission at their regular meeting on March 24th. Our City Commission will consider this item on the same evening. I have also attached a copy of our letter of intent signed by the City Manager on March 9th. I need your review and approval of this document as soon as possible so that we can prepare for our City Commission documentation and transmission of the same to the County. The County would 1 ike to know if you have any prob lem s with this document on or before Monday, March 16th. I appreciate your cooperation and apologize for the urgency of this request, :-but we received our notice and submission requirements flfom HUD two weeks ago, and it took us a couple of meetings with the County staff to formulate the ability to create the consortium. LB:DQ Attachments D12 Kurtz.PBC ,. - . I!n'IRLOCAL AGREEHEHT BOMB INVES'l1IEHl' PARTNERSHIP THIS INI'ERLOCAL AGREEHENT made and entered into this day of , 1992, by and between the CrrY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as the "CITY" I and PALM BEACII COVH'IT, hereinafter referred to as the "COUNTY". . V I T N I & SIT H: VHER.E6S , the United States Congress has found that inadequate proaress has been made toward the national housing policy goal to provide decent, laf., sanitary and affordable livinS environments for all citizens; and VREREAS , the National Affordable Housing Act of 1990, authoriad federd fundinS for jurisdictions which would establish pro.rams to increase the number of families lerved, with decent. safe, sani tary and affordable houling, and expand the long-term supply of affordable houdn. in accordance with the KOKE Investment Partnerships Act j and WJIERUS , the HOME Investment Partnerships Act authorizu a conso~ of aeoaraphically conticuoul units of aeneral local government for . ~w:pose of becoming a participating jurisdiction in the HOHl Prolro; and VBERE4S , Section 163.01, Florida Statutes, Florida Int.docal Cooperation Act of 1969, authorizes MUnicipalities and counties to provide .ervices and facilities through the use of Cooperative Aareements for the mutual advantaae of each aovernmental entity; and ; WHEREAS , it is the intent of the CITY and Cowry to utilize the powers and authority of the Florida In~erlocal Cooperation Act of 1969 by the exeeution of thil Agreement. NOV, 'I1lEREFORI, it 11 agreed between the CITY and COUNTY, &I follows I Section 1.. l'Ilrpos e.. This Agreement 11 entered into to . a HOIl the cm and COON'IT to work together, in a cooperative effort, to meet the national housing policy of decent, safe, sanitary and affordable housing for the citizens of the City of De 1 ray Beech I1nd Page One of Five .-"~~ MAR--l.SI-92 T H lJ 1 5 : -'. l2l F' ... L...;..1 '::.. IIOMI INVEsnfEltn' PAR'mERSHIP FalM Beach County. Further, this Aareement is entered into as 8 legally binding Cooperation Asreement so as to form 8 consortium within the meanins of .the National Affordable Housin, Aet of 1990, and so 85 to meet the requirement. of the Department of Housin. and Urban Development (H1~) for the de.ignation of the CITY and COUNTY .s a consortium. / Section 2. StatUI! . The CITf and ComrrT hereby form a Consortium te b. known IS the Palm Belch HOME Consortium. The Consortium shall be a unit of! local 8overnment, for funding purposes under the HOME Prosram, upon desisnatioD by KUD. Section 3. Ten. Thil Asreement shall be effective for a period of one (1) year cOl\lllleneinl October 1, 1992 - September 30, 1993, subject to the provisions of Section 9 hereof. SecUOIl 4. Lead AauC7. The cowrY shall be the member unit of geneul local ,overnment authorized to act as the representative of the Pal. Beaeh HOME ConsortiUM in its dealings with KUD. Further, the COUNT! sbal1 be the lead entity, having overall responsibility to comply with the requirements of HOD pertain!nl to the approval of the Palm Beach KOlU Consortium and funding of the houlinS affordabllity strategy to be adopted, \l-J'. the em and COOIm'. ... . .f:,c Section 5. Coat to AdlaiDis t.~ Pro&1"8II. In recognition of "-....;. the fact thllt the CITY and COUNT!' will Jointly administer the KOHl Investlllent Partnership'l Program, fund. received from IWO for adllin1straUv, costs shall b. shared by the CITY and CQUNTY according to the ratio ot HOHl Prosr&lll funds allocated to the CITY and Coom'Y, respecU ve1y. Additional match requirements incurred will be borne by the = City of Delray Beach. SectiOll 6. COlIIpreheDSive ROUBiDl .ffordabl11 ty Strategy. The CIn and COUNTY each shall be responsible for the preparat ion of a Comprehensive Jlous!na Ufordabil1ty Strategy (CRAS) for their respective locality, which shall meet the requirements of applicable federal resulat~onll. , Section 7. Allocation of Funcl.Ul.8. HOKE Program allocations by HOD shall be distributed, in the CITY and the COUNl'Y, based upon the ratio of Community Development BlOCK Grant funds received by the CITY Page Two of Five o. MAR-l'3l-"?2 THU 1 5 : :2 1 '-' . /"_1-4- . BOlt! INYBSnmrl' PAJmfUSBIP 8nd COONTf in each fiseal year. The CITY and CootrrY sha 11 be responsible for administerina, respectively, the HOHE Progt<<1Il funds diltributed to each. Sectioa 8. CertificaUo%Ul. The CITY trnd COOPn'Y cert ify that each will cooperate with the other to undertake or aid to assist in undertakin. hOl.ldn, assistance activities for the HOME tnvestrnent Partnership'. Prolro, and that each will affirmative ly further fair hous1n,. Further, the CIlT and COONTt will comply With the requirement. of the Uniform Relocation Assistance and Real Property Policies Act of 1970, as amended, and the requirements governing the Residential Anti-displacement and Relocation Plan, pursuant to Section l04(d) of tbe Housing and Community Development Act of 1974. SecUoa ,. Tem1JlaUoQ. The one-year duration of this Agreemetl~ notw!thstandin,. the CIn and COUffI"Y shall not terminate this Agreemen~ prior to carry ins out all activities that will be funded frolll the funds awarded, pursuant to the HOME Investment Partnership's Pro,r... Soctioa 10. Liability. Subject to applic.able law, the acts and omission. for employe.. of the CITY and COOHTY' , or their agents, .'1. ~ in th.I !eJ:formance of thb Agreement, shall rest with the CITY and .-' coom; nspect1vely. To the extent permitted by law, to"i. CITY and COUNl't shall indellll\ify and hold the other harmless from injur ies. damage or claim. adeins ou e of the nea1igence of employees 01' agents of the CI'1T or eootrrr. Seetioa 11. Ealp101ee Status . Persons employed by the ~ CIn and COOH'l'f who pedor/ll services or functions pursuant to this Agreement shall aot b. deemed to be employees of: the other governme.ntal entity. Th. CI'lT and COONTt shall remain obligated to provide their respective employ.es with Worker'. Compensation protection, salary end pension benefits, Civil Service or other employees rights and privileges. Sec'ti~ 12,. Notices. Formal notices pertaining to this , Agreement sball be hand delivered. or !lent, by United States Mail, as follows: paae Three of Five {'j t--t ;~... L - -, j t 1 '_I .... ..-" 1 -: I ~ BOftI INYIS'ntINT PA1mlERSHIP City Manager County Administrator City of Delray Beach County of Palm Beach 100 N. W. 1st Avenue Post Office Box 1989 Delray Beach, FL 33444 West Palm Beach, FL 33402 Section 13. Counterpart. . This Agreement may be executed in counterparts, each executed counterpart to be deemed an original. . . ~;; . . \ i~~ \ ~. . ~ .." .. :: . Page Four of Five " . ., . . , [ITY DF DElRAY BEA[H 100 N.W. 1st AVENUE . DEl hAY SE'\CH FLOfi![;r\ 33444 . 407/243-7000 March 27, 1992 Commissioner Karen T. Marcus Palm Beach County Board of Commissioners Governmental Center 301 North Olive Avenue West Palm Beach, FL 33401 Dear Commissioner Marcus: Please be advised that the City Commissioners of the City of Delray Beach, at their regular meeting held on March 24, 1992, approved the Interlocal Agreement with Palm Beach County for joint funding under the "HOME" Investment Partnership program. This agreement provides that the County will be responsible for administering the program and will act as the representative in dealings with HUD. HOME Program allocations by HUD shall be distributed, in the City and the County, based upon the ratio of Comunity Development Block Grant funds received by the City and County in each fiscal year. If I can be of any further assistance in this matter, please do not hesitate to contact me. Sincerely, a LJD77 'f1}JcJlm;>> /ldZtf Alison MacGregor Harty City Clerk jsob i HE EFFORT A Li./VA YS M /J, r! fHS .. " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER -!/ SUBJECT: AGENDA ITEM tt ~ B - MEETING OF MARCH 24. 1992 ACCEPTANCE OF EASEMENT DEED/LAKE IDA - ROOSEVELT DATE: March 20, 1992 This item is before you to accept an easement deed from Palm Beach County for a 50 foot drainage easement located on Roosevelt Avenue and Lake Ida Road. The original purpose of this easement was to acquire that portion of a drainage line, controlled by the County, located under Roosevelt Avenue in conjunction with the N.W. drainage project. However, the project was reconfigured so that it is not necessary for us to use the entire easement. Therefore, it is our intent to abandon portions of this easement, upon the request of the adjacent property owners. The City Attorney's Office has reviewed the deed and found that it is in proper form. Recommend acceptance of an easement deed from Palm Beach County for a 50 foot drainage easement located on Roosevelt Avenue and Lake Ida Road. '. " ',' [ITY DF DElAAY BEA[H ,'s~ry ATTORNEY'S OFFICE . . , '. - .. .' . " "\ ,. I." ". -~- Wr~~_r'. D~r_c~ ~~n_ (407) 243-7090 MEMORANDUM Date: March 12, 1992 To: David Harden, City Manager From: David N. Tolces, Assistant City Attorne~ Subject: Easement Deed - Lake Ida Road/Roosevelt Avenue Please place this item on the next Commission agenda. The Commission needs to formally accept this Easement Deed from Palm Beach County. This Deed was recorded and is in proper form. If you have any questions, please call. DNT: sh cc: Rob Taylor, Assistant City Engineer Cheryl Leverett, Agenda Coordinator ,. , ;Zoos.e vU_'r ,4'/e' , ~\\f\ ,D,f(A/NA€;~ cA~FA:~.<Ir. ~-E l' ,~.," '.",'-. -,..., 0'" 7'...., r'-'-''i'' .;, '+/dil ... .' -, AT 1. '-t"" _ .... _ ._ .L_~. J ,~ ~.Io- . . ORB 7'119 ;" 439 I ,i AUG-1S-1991 11:08am 91-233552 I ., II Thi, D"d is b,'" "-"eo,d,, ORB 6926 P'3 97/'t Con 10.00 Doc I to correct a typographical error. JOHN B OUNKLE,CLERK - PB COUNTY, FL ! , R91 '938 , C 0 U N T '{ D E E D I JUL 2 3 1991 I THIS DEED, made this day of I 19 , by PALM BEACH COUNT'{, a political subdivision of the I State of Florida, party of the first part, and the City of Delray I I Beach, Florida," 434 S. Swinton Avenue, Delray Beach, FL 33444, party of the second part. WITNESSETH: That the said party of the first part, for and I in consideration of the sum of Ten (S10.00) Dollars, to it in hand paid by the party of the ~econd part, receipt whereof is hereby il acknowledged, has granted, bargalned and sold ,to the party or the I second part, his heirs and assigns foreter, the following described land lying and being in Palm Beach County, Florida: Property more particularly described in Schedule ""-" I attached hereto and made a part hereof. I i IN WITNESS WHEREOF the said party of the first part h..s I caused these presents to be executed in its name by its Board or I County Commissioners acting by the Chairman or Vice-Chairman or said Board the day and year aforesaid. I I ATTEST: ITS I JOHN B, DUNKLE, Clerk . I." v' '. ~ . ~ ",:: J .y, ~1 1/;:r,(Jh I , " ';;: "1'" Clerk (Deputy clerk' . "', \- . '- ..... ,- .~, .,;; ". -',I AP~'O\'i:D AS TO FORM AND This instrument prepared by: II. LEGA~SUFFICIENC,{ 1 Maureen Cullen I B'{: 1!(aa'!/Y!t df~~ Assistant County Attorney Post Office Box 21229 I County Attorney West Palm Beach, fL 33416 ~iw".trJ : ! ! Palm ach County ACCEPTED BY Rl Acquisition Section ;, DOMO OF COUNTY COMMISSIONERS / atricia A. Franklin, Manager Irm ?-/ >"/< J V p,O, Box ::>'J'Q.:>-~ , : West Palm Beach. Florida~'tJr..c II r'3~OI1J 4D ~V 'f " . ORB 6926 P'3 975 . .. . . / I... ,; " '/! ~ , . . , " " .' - .~. I..._r"_. (<-~ , . OR8 7119 i"q 440 ~ ALL THAT PORTION OF THE 50.0' DRAINAGE EASEMENT IN THE EAST L87' OF THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF LAKE I DA ROAD AS BOTH ARE ESTABLISHED IN OFFICIAL RECORD BOOK 1659, PAGE 938, AND FURTHER DEFINED IN OFFICIAL RECORD BOOK 3421, PAGE 384, BOTH OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH DIUIXJIllUDXm<<UUXf~lf~ THAT PORTION OF THE EASEMENT LYING UNDER THE RIGHT OF WAY OF ROOSEVELT A"ENUE AS SAME IS DESCRIBED IN OFFICIAL RECORD BOOK 3421, PAGE 384, OF THE PUBLIC RECORDS OF PALH BEACH COUNTY, FLORIDA. I ,- Ra-RECORD VERIFIED ~COFiD'VER.FIeo P1.W BEACH coumv. Fl.A PALM BEACH COUNTY. FLA, JOHN e. DUNI<lE Cl.ERK G1RCUIT COURT ~ ClRCUtTCOlIRT . " " . ~ 3/tX'/f/9.;L MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS .. / FROM: CITY MANAGER/IX I v SUBJECT: AGENDA ITEM # g-e - MEETING OF MARCH 24. 1992 FINAL PLAT APPROVAL/DELRAY AMOCO DATE: March 20, 1992 This item is before you to approve the final plat for the Delray Amoco Gasoline Station located on the northeast corner of N.W. 8th Avenue and West Atlantic Avenue. On December 18, 1991 the Site Plan Review and Appearance Board approved the minor site plan modification for Delray Amoco subject to conditions, one of which was that a final plat be processed. The plat incorporates a portion of an abandoned alley and dedicates two (2 ) feet of additional right-of-way along West Atlantic Avenue. The plat has been properly prepared and is ready for City Commission action. At their March 16th meeting the Planning and Zoning Board certified the final plat as being consistent with the preliminary plat subject to conditions. The applicant has met the requirements of one of those conditions; and, staff recommends that the other condition be incorporated into the motion for this item. A detailed staff report is attached as backup material for this item. Recommend approval of the final plat for the Delray Amoco Gasoline Station located on the northeast corner of N.W. 8th Avenue and West Atlantic Avenue subject to the condition that prior to the plat being released for recordation, a guarantee bond be provided for the relocation of the sewer manhole. .. " "":.,.' ,~;~~ .... '/; I C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~. '\ J1J \ J ) t'h/J "--)0~ ~UC~ THRU: D~ D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: STEVEN E. TAYLOR PLANNING TECHNICIAN II SUBJECT: MEETING OF MARCH 24, 1992 DELRAY AMOCO FINAL PLAT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final plat for the Delray Amoco Gasoline Station. The project is located at the northeast corner of Northwest 8th Avenue and West Atlantic Avenue. BACKGROUND: On October 21, 1991 the Planning and Zoning Board transmitted a recommendation of approval for the conditional use modification to add a car wash facility to Delray Amoco. The City Commission approved the conditional use modification on October 29, 1991. On December 18, 1991 the Site Plan Review and Appearance Board approved the minor site plan modification for Delray Amoco subject to conditions, one of which was to process a plat. The plat incorporates a portion of an alley that was previously abandoned and also dedicates 2' of additional right-of-way along West Atlantic Avenue. The plat has been properly prepared and is ready for City Commission action. '. .. . . City Commission Documentation Delray Amoco Final Plat Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at it's meeting of March 16, 1992 at which time the Board certified the final plat as being consistent with the preliminary plat subject to the following conditions: 1) That prior to the final plat being scheduled for City Commission action, a copy of the approved HRS application for the sewer manhole relocation is to be provided. 2) That a guarantee bond is to be provided for the sewer manhole relocation prior to the final plat being released for recordation. The condition to provide an approved HRS application has been complied with. RECOMMENDED ACTION: By motion, approve the final plat for Delray Amoco subject to the following condition: * That a guarantee bond is to be provided for the sewer manhole relocation prior to the final plat being released for recordation. Attachment: * Location Map and Reduced Plat SET#4/AMOCOCC.DOC ., . - J gB B~ WLU LLJLW UWJJ I N.W. 2ND ST. ~ ~ ~ I I I ~ . I ~ o '-- ~ ~ - ~ DIm ~rntD X " ~ ~ I I- III ~ " ~ .. e. Z ~ . ..... ~ 3: ........ '. '. [[[ll]]IJ] Z :i. ....... ...... ?Ii. .......... I I. .......... l IT z ......... (S.R. 806) ATLANTIC .. AVEUNE o [[[]]] [I I II illIl1JIllI] T I , ..., . ~ ~ . . ~ ~ ..., ~ ~ I ~ X ~ I I- ID ANOCO GASOLINE STATIONw tco" C:' S. W, , In . ~ ~ en . . '" ~ .,; '. _ _ \..J I I \.-I I 1 ..L J , I U 111 i 01 I I I ~U 0UU I II, I \hl~UL ~ DEL'RA Y BEACH, _ PALM BEACH COUNTY, Fl -- - ~r~~' 40' !l0' 60' 90' 120' 150' ~ . PORTION Of SOUTlI-HALF BLOc.< , . I I · TOliN Of L I HTOH' I 25. 00' I PlA T BOOK 1, PAGE 3 ..S8.00' \ I PAUC BEJ.CH COUNTY RECORDS , ~ I I I P IUI S90' 00' 00' W 130 50' ; Q ~ I 1 I r,....DIJ'. . . - ~ I I ----.., ," 25.00'- I ' , uJ 1 : c. ..J I PORTI ON Of SOUllf- tu.lJ o . TOll'N Of 1I HTO'" I Lu I a:i ..J I PUT BOOK 1 PAGE I ::::J I ~ -< I P AUt 90CH coWrY A1 I W ~ \1 I I <: I ~ ---------------:" L_________. I '. --". Alm ",,"-II-U' PEA "'" ~... Al1lY "1IlY"'-'" PEA '" I Lu eoOI: 1lI Q, pt, IU AI() 0. II. L _ . AT . IOC* lUll, PI. US P." t. R. I PA&{ _. ct~ UCATED AJ() g ,# I ~ I / ~ _ _ _ _ ......,...". l<SU.Ut '00 ..... ,.. ....'-. . ..:, .~ 590' 00' 00' H 70. 50' _ " I I I ,"'. , I I . I g I I l~ ' '0 I' \ I ~ a!:"" g l::r: -< ~i ~ ~ }-E \ h 18 ~ a: ~ .... PAR eEL n A. . g : CO \1J":;;.' AREA: O. 71 B t 1- ACRES g l';j z~o CD .... \ \oJ _0 .... ) ~~cd(J) ....~ \ I~ ~~ ~ I I~ :J ~ lJ, l:s: >-0 'oq' -<~ . I _m 0 I 0 I I ~~ z: . I I- I <: ~..J <D l- I<<~ PARCEL "B" (2' ADDITIONAL R/GHT-OF-HAY I I ~ ~ - OED I CA TED BY TH I S PLAT - 402 SQUARE -FEET) J \. j! - 201. 00' - ~ ,; P H ~ , - - - - - - W · - N90' 00' DO" E 201. 00' ~ - ~ I - I I ~ NORTH R ,,1fT -Of -lAY or 'EST 'TUNTIC 'VE. ~ ' 8 '_ N90"OO'OO"EZOLOO' _~I .. t._ -- - - - - -- -- - - -- -- - - - --;;- --- - 4::t ~ I SOUTH 1I liE BLOCK .. l PB. 1. P6. 3 P. B. c.. R. ) '/~ :;] I WES T A TLANT I C A VENUE ~i~ .- - --- - ---- - t- - -- - - ~ - -- - - - H90'_WDIJ'E "~oo:.._ - -- - -- - --:.:::. __..L. ~ ST A TE ROAD NO. 806 cootR.llE , 1 \. " ,,' ., " . (~ d!d~/9~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t::P1 I SUBJECT: AGENDA ITEM # gJ) - MEETING OF MARCH 24. 1992 CHANGE ORDER NO. 3/REOUEST FOR FINAL PAYMENT - PAVEX CORPORATION DATE: March 20, 1992 This item is before you to approve Change Order No. 3 which reduces the contract price by $36,244.84 and approve the request for final payment in the amount of $3,900.54 from Pavex Corporation for the 1991 Street Resurfacing and Central Business District Alleyway Resurfacing projects. The final contract amount is $265,752.54 which reflects a savings of $36,244.84 over the original contract amount of $301,997.38. This savings is the result of adjustments to the contract based on final as-built quantities. , Concurrent with the change order is a request for final payment in the amount of $3,900.54. Staff has inspected this project and found it to be satisfactorily complete. Recommend approval of deduct Change Order No. 3 and approval of the request for final payment in the amount of $3,900.54 to Pavex for completion of the 1991 Street Resurfacing and Central Business District Alleyway Resurfacing projects; with funding from Decade of Excellence Alley Reconstruction (Account No. 225-3162-541-61.43) and General Construction Fund - Resurfacing (Account No. 334-3162-541-60.53). .. " i .' . . Id~WYV/~ . .. Agenda Item No.: AGENDA REQUEST Request to be plac17d on: Date: 3/5/92 ~ Regular Agenda ____Special Agenda ____Workshop Agenda When: 3/24/92 Description of agenda item (who, what, where, how much)____ 1991 Street Resurfacin (91-35) and CBD Alle wa Resurfacin (91-53). Staff re uests Cit Commission .. ..' .. to approve closeout Change Order #3 to Pavex Corporation in the amount of <$36 .244. B. Staff a 1 so requests approval of final payment in the amount of $3,900.54. $36,244.84 deduct of Chang~Order #3 is the net savings from the original contract amount of $300,997.38. Funding source shall be 225- 3162-541-61.43 for CBD Alleyway Resurfacing and 334-3162-541-60.53 for 1991 Street Resurfacing. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends Ci ty Commi ssi on to approve closeout Change Order #3 in the amount of ($36,244.84). Staff also recommends final payment of $3,900.54 for Pavex Corporatfon for this project. Department Head Signature: ~]I{~ ~ betermination 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. & Description2'2J=31bz-S41.l?f-43 ALL.61wAY (!.Wffl~r;N Account Balance~, /03.,2- City Manager Review: 334-~{;;2-Qf-/.00ts;.3 f<ESUJ2FAC-IN6j 1l~1 'f:D~;41 Approved for agenda: ~/NO !lJvI . Hold Until: . . Agenda Coordinator Review: , Received: Action: Approved/Disapproved " ., . ~ . . . -. . CHANGE ORDER No. 3 . Final (P.O. #1988.3,_ 504971) Date: Project No. 91-35 (1991 street R~surfacing) & 91-53 (CBD Alleyway Reconstruction) Project Name: 1991 street Resurfacinq (3~4-3162-541-60,53) and CBD Alleyway Reconstruction} (225-3162-541-61.43) Owner: city of Delray Beach, Florida Contractor: Pavex Corporation Contract Date: October 31, 1991 To: pavex Corporation. Contractor You are directed to make the following changes in the sUbject contract: Final adjustment of contract for as-built plus/minus quantities as compared to oriqinal contract quantities. which changes are more specifically described in the attached amended plans, drawings, and specifications. The reason for the change is as follows: Actual measured as-built quantities The contract price and contract time shall be adjusted because of such changes as follows: A. Contract Price * (see attached Schedule "A" for detailed final breakdown) ;.- 1- Contract price prior to this change order: $300'.997.38 * \ \ \ \ ~ c. I " I J Page One of Three Pages .. ., . I .", . . . . CHANGE ORDER NO. 3 . Final (P.O. #19883!- 504971) 2. Net decrease resulting from this change order: <36.244.84> * 3. Current contract price including this change order: $265.752.54 * B. Contract Time 1- Contract time prior to this change order: NIA 2. Net increase resulting from this change order: NIA 3. Current contract time including this change order: NIA city of Delray Beach, Florida, OWNER By: Thomas E. Lynch, Mayor Attest: City Clerk city of Delray Beach Approved as to form: City Attorney . The above changes are accepted on , 199 . I understand that all the provisions of the Contract Document related to Project No. 91-35 & 91-53 which are not inconsistent with the terms of this Change Order shall remain in effect and apply to all work undertaken pursuant to this Change Order. witness: Pavex Corporation. CONTRACTOR By: As to Contractor Title --" -. Page Two of Three Pages .. " . , - . " . . - . .. . Schedule "A" Final Contract Breakdown CBO Alleyway Reconstruction (225-3162-541-61. 43) P.O. 11504971 Original Contract $6.3,000.00 Less Change Order #3 ~',994.57> Total CBO Alleys $39,005.43 1991 Street Resurfacing (334-3162-541-60.53) P.0./19883 7,287.3 - P.O. 504971 Original Contract $230, no. 00 - P.O. 19883 Less Change Order #3 <$11,250.27> P.O. 19883 Total Resurfacing $2'2'6,747.54 Final Contract Amount $265.752.54 .~ -- Page Three of Three Pages " ., MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER/lt1 SUBJECT: AGENDA ITEM i <6E. - MEETING OF MARCH 24. 1992 CHANGE ORDER NO. l/REOUEST FOR FINAL PAYMENT - FLORIDA BLACKTOP. INC. DATE: March 20, 1992 This item is before you to approve Change Order No. 1 which reduces the contract price by $1,780.16 and to approve the request for final payment in the amount of $11,864.24 from Florida Blacktop, Inc. for completion of the South Federal Highway Median Curbing project. The final contract amount is $67,343.84 which represents a savings of $1,780.16 over the original contract amount of $69,124. This savings is as result of adjustments to the contract quantities based on final as-built quantities. Concurrent with the change order is a request for final payment in the amount of $11,864.24. Staff has inspected this project and found it to be satisfactorily complete. Recommend approval of deduct Change Order No. 1 and the request for final payment in the amount of $11,864.24 from Florida Blacktop, Inc. for completion of the South Federal Highway Median Curbing project with funding from 1987 Utility Tax - South Federal Highway C-15 to Linton Boulevard (Account No. 333-4141-572-61.26). ". " . . Agenda Item No.: AGENDA REQUEST Request to be plac~d on: Date: 3/13/92 ~ Regular Agenda ____Special Agenda ____Workshop Agenda When: 3/24/92 Description of agenda item (who, what, where, how much)____ South Federal Highway Beautification Median Curbing (91-37). Staff requests City Commission to approve closeout Change Order #1 to Florida Blacktop, Inc. in the . amount of {$1,780.16>. Staff also requests approval of final payment in the amount of $;1,864.24. Funding source shall be 333-4141-572-61.26. If .' ~ ORDINANCE/RESOLUTION REQUIRED: YES;@) DRAFT ATTACHED ~/NO Recommendation: Staff recommends Ci ty Commi ssi on approve closeout Change Order #1 in the amount of ($1,780.19>. Staff also recommends final payment of $11,864.24 to Florida Blacktop, Inc. Department Head Signature: ~L ",/I{,f,L. ~ 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 333-.!f/4/-Sn .~{-")Jo S. FED. ftWy-c..lt;:' TD Account Balance~.40 . LINTON City Manager Review: Approved for agenda: ~~/NO (J7;J Hold Until: ~ I Agenda Coordinator Review: , Received: Action: Approved/Disapproved " ,. . . . CHANGE ORDER No. 1. Final Date: Project No. 91-37 Project Name: South Federal Hwv. Beautification Median Curbing (Budget Account #333-4141-572-61.26) Owner: city of Delray Beach, Florida Contractor: Florida Blacktop, Inc. Contract Date: November 19, 1991 To: Florida Blackto?, Inc. , Contractor You are directed to make the following changes in the subject contract: Final plus/minus adiustments to contract quantities based on as-built field measured quantities. Miscellaneous chanqes required bv D.O.T. such as stripinq and additional traffic maintenance (see Schedule 'A' attached) . which changes are more specifically described in the attached amended plans, drawings, and specifications. The reason for the change is as follows: Final as-built measured quantities vary from oriqinal contract quantities. Additional requirements of D.O.T. permit. The contract price and contract time shall be adjusted because of such changes as follows: A. Contract Price 1. Contract price prior to this change order: $69,124.00 Page One of Two Pages '. ., . . - CHANGE ORDER NO. 1. Final 2. Net decrease resulting from this change order: $1. 780.16 3. Current contract price including this change order: $67.343.84 B. Contract Time 1. Contract time prior to this change order: 75 calendar day 2. Net increase resulting from this change order: 0 calendar days 3 . Current contract time including this change order: 12. calendar days city of Delray Beach, Florida, OWNER By: Thomas E. Lynch, Mayor Attest: city Clerk City of Delray Beach Approved as to form: City Attorney The above changes are accepted on , 199 . I understand that all the provisions of the Contract Document related to Project No. 91-31 which are not inconsistent with the terms of this Change Order shall remain in effect and apply to all work undertaken pursuant to this Change Order. witness: Florida Blacktop. Inc, CONTRACTOR By: As to Contractor Title HW137306.MRM Page Two of Two Pages .. .. . '- Project No. 91-37 Schedule "A" South Federal Highway Beautification Median Curbing Change Order #1 Final .-----..--------------------------------------------------------------------------------------- ITEM ITEM DESCRIPTION Contract As-built +/- C.O. UNIT NO Qty Qty #1 Qty PRICE TOTAL ---------------------------------------------------------------------------------------------- A Plus/Minus As-built Qty Adjustments 1 Type F Curb and Gutter 5600 5003 -597 If 10.58 -6316.26 2 Furn & Install Conc Median 200 270 70 sy 19.33 1353.10 3 Testing Lab Allowance 1 0.14 -0.86 ls 5000.00 -4325.00 4 Video Allowance 1 0.85 -0.15 ls 1000.00 -150.00 5 Indemnification 1 1 0.00 ls 10.00 0.00 B Extra items required 1 Additional asphalt removal/excavation 1 ls 3800.00 3800.00 2 Add'l Traffic Maint required by DOT 1 ls 600.00 600.00 3 Thermo edge striping required by DOT 6516 If 0.50 3258.00 ....---..--..---.. Net total deduct Change Order #1 Final -1780.16 ------------ ------------ .. " . - C~/q~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CI TY MANAGER [1'4 SUBJECT: AGENDA ITEM it &' F - MEETING OF MARCH 24. 1992 CHANGE ORDER NO. l/REOUEST FOR FINAL PAYMENT - FLORIDA BLACKTOP. INC. DATE: March 20, 1992 This item is before you to approve Change Order No. 1 which reduces the contract price by $3,931.18 and to approve the request for final payment in the amount of $24,487.82 from Florida Blacktop, Inc. for completion of the N.E. 8th StreetjN.E. 3rd Avenue and Dixie Boulevard intersection improvements project. The final contract amount is $169,621.32 which represents a savings of $3,931.18 over the original contract amount of $173,552.50. This savings is the result of adjustments to the contract based on final as-built quantities. Concurrent with deduct Change Order No. 1 is a request for final payment in the amount of $24,487.82. Staff has inspected this project and found it to be satisfactorily complete. Recommend approval of deduct Change Order No. 1 and the request for final payment in the amount of $24,487.82 from Florida Blacktop, Inc. for completion of the N.E. 8th StreetjN.E. 3rd Avenue and Dixie Boulevard intersection improvements project; with funding from General Construction - Traffic Intersections (Account No. 334-3141-541-60.62). '. " ,. - rl tJ- ~)- Agenda Item No.: AGENDA REQUEST Request to be plac~d on: Date: 3/13/92 ~ Regular Agenda ____Special Agenda ____Workshop Agenda When: 3/24/92 Description of agenda item (who, what, where, how much)____ N.E. 8th St./N.E..3rd Ave..& O;x;e Blvd. ;ntersect;on ;mprovements (91-32). Staff requests C;ty Comm;ss;on to approve closeout Change Order #1 f;nal to Flor;da / . Blacktop, Inc. ;n the amount of ($3,931.18). Staff also requests approval of f;nal payment ;n the amount of $24,487.82. Funding source shall be 334-3141-541-60.62. ORDINANCE/RESOLUTION REQUIRED: YES/~DRAFT ATTACHED ~/NO Recommendation: Staff recommends C; ty Commhs; on approve closeout Change Order #1 ;n the amount of ($3,931.18). Staff al so recommends f; nal payment of $24,1187.82 to Flodda Blacktop, Inc. Department Head Signature: \ !i:itu;L . -"J Ii.r,z... .~ Determination of Consi~tency with Comprehensive Plan: / City Attorney Review/Recommendation (if applicable) Budget Director Review (required on' all items involving. expenditure of funds): Funding available: @/NO Funding alternatives (if applicable) Account No. & DffiriPtion=3?A--314J-54-I."0-0t. 1l2A:FFlv (N~CNS Account Balance I ro11. 50 City Manager Review: Approved for agenda: !fj$/NO ~~ ~ Hold until:- L ("-/ . Agenda Coordinator Review: , Received: Action: Approved/Disapproved " - . CHANGE ORDER No. 1. Final Date: Project No. 91-32 Project Name: N.E. 8th St./N.E. 3rd Ave. & Dixie Blvd. Intersection Improvements Account: 334-3141-541-60.62 P.O. #503629 Owner: City of Delray Beach, Florida Contractor: Florida Blacktop, Inc. Contract Date: November 19. 1991 To: Florida Blacktop. Inc. , Contractor You are directed to make the following changes in the subject contract: Final plus/minus adiustments to contract quantities based on as-built field measured quantities. Miscellaneous chanqes required per Schedule I A I attached. which changes are more specifically described in the attached amended plans, drawings, and specifications. The reason for the change is as follows: Final as-built measured quantities vary from original contract quantities. Additional requirements due to existinq field conditions. The contract price and contract time shall be adjusted because of such changes as follows: A. Contract Price 1. Contract price prior to this change order: $173,552.50 . Page One of Two Pages o. " . . CHANGE ORDER NO. 1, Final 2. Net decrease resulting from this change order: -3.931.18 3. Current contract price including this change order: $169,621.32 B. Contract Time 1. Contract time prior to this change order: 75 calendar day 2. Net increase resulting from this change order: 0 calendar days 3. Current contract time including this change order: 75 calendar days City of Delray Beach, Florida, OWNER By: Thomas E. Lynch, Mayor Attest: City Clerk City of Delray Beach Approved as to form: city Attorney The above changes are accepted on , 199 . I understand that all the provisions of the contract Document related to Project No. 91-32 which are not inconsistent with the terms of this Change Order shall remain in effect and apply to all work undertaken pursuant to this Change Order. witness: Florida Blacktop, Inc, CONTRACTOR By: As to Contractor Title HW132313.MRM Page Two of Two Pages o. " 4 ~ . Project No. 91-32 Schedule "A" N.E. 8th St/N.E. 3rd Ave & Dixie Blvd Intersection Improvements Change Order #1 Final ------------------------------------------------------------------------------------------------------ ITEM ITEM DESCRIPTION Contract As-built +/- C.O. UNIT NO Qty Qty #1 Qty PRICE TOTAL ------------------------------------------------------.-------------------------------.-------------.- A Plus/Minus As-built Qty Adjustments 1 8" DIP 230 207 -23 lf 37.50 -862.50 2 6" Gate Valve 1 1 o ea 600.00 0.00 3 2" Gate Valve 1 1 o ea 1125 . 00 0.00 4 6" Tapping Saddle and Appurtenances 1 1 o ea 2m.00 0.00 5 Fire Hydrant 1 1 o ea 5360.00 0.00 6 15" RCP 140 120 -20 lf 23.25 -465.00 7 18" RCP 40 35 -5 lf 25.50 -127.50 8 30" RCP 630 552 -78 lf 42.00 -3276.00 9 15" Slotted RCP 190 168 -22 lf 42.00 -924.00 10 18" RCP Slotted 35 32 -3 lf 43.50 -130.50 11 Type C Inlet 8 8 o ea 1400.00 0.00 12 Type I Manhole 4 4 o ea 1525.00 0.00 13 Concrete Inlet Aprons 5 5 o ea 450.00 0.00 14 New Asphalt and Driveway Connections 1100 1051 -49 sy 21.30 -1043.70 15 Asphalt Overlay 4800 5205 405 sy 3.90 1579.50 16 Type F Curb & Gutter 1300 1276 -24 lf 9.00 -216.00 17 Concrete Sidewalks 3200 3298 98 sf 2.00 196.00 18 Furn and Install Signs 9 8 -1 ea 260.00 -260.00 19 Testing Lab Allowance 1 0.76 -1l.24 ls 5000.00 -1185.00 20 Video Recording Allowance 1 0.31 -0.69 ls 5000.00 -3457.36 21 Indemnification 1 1 o ls 10.00 0.00 22 Irrigation 1 1 o ls 4030.00 0.00 23 Pink Trumpet Tree 5 5 o ea 265.00 0.00 24 Malayan Palm 3 3 o ea 660.00 0.00 25 European Fan Palm 6 6 o ea 245.00 0.00 26 Varigated Dwarf Pittosporum 200 200 o ea 14.00 0.00 27 Dwarf Natal Palm 310 310 o ea 8.00 0.00 28 Spider Lily 95 95 o ea 12.00 0.00 29 Coco Plum 80 80 o ea 8.00 0.00 30 Hawthorne 280 280 o ea 4.00 0.00 31 Pent as Lanceolata "pink" 150 150 o ea 3.50 0.00 32 Floratam Sod, Planting Soil and Mulch 1 1 o ls 5170.00 0.00 B Extra items required 1 Surveying adjustments for field conflicts 1 1 ls 2268.38 2268.38 2 Adj exist manhole at planter 1 1 ea 250.00 250.00 3 Add'l 2" water svc and connection 1 1 ls 570.00 570.00 4 Temp Brick Plug for future connections 2 2 ea 145.00 290.00 5 Add'l curb removal NE 8th St 1 1 ls 592.00 592.00 6 Add'l driveway removal 3rd Ave 1 1 ls 318.00 318.00 7 Adj Inlet CA-101 to drain exist grade 1 1 ea 152.50 152.50 8 Adj exist inlet on 3rd Ave to drain 1 1 ea 250.00 250.00 9 Adj Sanitary svc conflicts on NE 8th St 1 1 ls 1550.00 1550.00 ------------ Net deduct Change Order #1 Final -3931.18 ------------ ------------ '. ., . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!}/t'1 SUBJECT: AGENDA ITEM i <6(; - MEETING OF MARCH 24. 1992 SOAP BOX DERBY RALLY DATE: March 20, 1992 We have received a request from the Delray Beach Soap Box Derby Committee to close Linton Boulevard between U.S. 1 and A-1-A on May 2, 1992 or May 3, 1992 (rain date) from approximately 7:00 a.m. until the conclusion of the Soap Box Derby Rally races. The Derby Rally has become an annual event. It was established as a means of providing practice for the participants of the actual Soap Box Derby held in June. The proposal is to close the east and west bound lanes of the Linton Bridge to vehicular traffic during the hours of the race. Provisions will be made to free the eastbound lanes for emergency vehicles and pedestrians. Barricades and signage will be provided as well. Recommend approval of the request to close Linton Boulevard between U.S. 1 and A-1-A on May 2, 1992 or May 3, 1992 (rain date) from approximately 7:00 a.m. until the conclusion of the Soap Box Rally races. ., ., . . . . .....' Agenda I tem No.: AGENDA REQUEST Date: Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda OlJ( - When: 3/25/92 Description of agenda item (who, what, where, how much): Request to close Linton Avenue bridge by Gold Coast Delray Beach Soapbox Derby for Boapboxderby on May 2nd and May 3rd (tentative/Rain date) from 7:00am to completion. See attached letter. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approve request. Department Head Signature: Determination of Consistency Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. &.Description: Account Balance: City Manager Review: Approved for agenda: rfY/ NO ItpA Hold Until: v' Agenda Coordinator Review: Received: Action: Approved/Disapproved .. " . . - DELRAY BEACH SOAP BOX DERBY ******************************************************** P.O. Box 1289 Delray Beach, FL 33447 February 28, 1992 RECEIVED Mr. David Harden MAR . - 1992 Delray Beach City Manager 100 Northwest First Avenue CITY MANAGEft OFFICE Delray Beach, Florida 33444 re: National Derby Rally Dear Mr. Harden: In conjunction with the 1992 Delray Beach Soap Box Derby, the organizing committee is planning a "NDR Soap Box Derby Rally" for the weekend of May 2nd. Saturday is the scheduled race day, with the following Sunday being a rain,makeup date. The rally and S~~.~~?,L)~1.pJ:.l~a~~.Ii>~~nSt~t:.d by the Sold Coast Delray Beach Soap BOX!'!~~"Yt''I;~e.~~~itte.~,> Del~~'Y Beach - Sunrise Kiwanis Club and2~~a.~~;,~~....Im..Jtise.'rIl,aJ'li~~~Ub. The rally will start at approximsteJl,l;:12mfManii las't:'m.ntll early afternoon. A Derby Rally is a lI:e$sfOrnt~l'fUt1i~tlQntnarLthe Delray Beach race held in June. It.al\.lowsJ4aC'.E7f'st~~o~lPoJ4tliU'1ity'bo practice driving the hill and ga*nexpeJ4J..enGe~na Gonliiie,mae. As in the ann~~~De~Jta1J1..~~a"'~!(]t;.~~.I.w~lreques'b. the use of the Linton Bouleva,I>,'Brilge.!".*I!W'lll:i1l(lr~.J..ret;hat the bridge be closed to vehJ..GilJll..ar t:ra~.ficlm.J4il)l,t~~ .... ft:e>l.lrs, of the race. The racers will ru.~(lbWnIrl"~"boU~,,lal)lEi!$'f::q,ardS.'{jS#l, freeing the eastbound laneS'<I~r em$'~lencYlll~h*c'l'es.an' pedes:t:rians. We request thatt:lermiEi~~~:p.1I'9.ntedt:.~,clOs~ Linton Boulevard between US#l and A1:1i~n: M~lY'lnd'J'rd (tentative/rain) from approximatelY 7:00AM untIl th..li,~clusion of the races. We will supply ample barricades with appropriate "road closed" signage at Federal Highway and AlA, similar to past years. We have also notified the county bridgetenders department, and anticipate their cooperation as in the past. Please notify us of any further procedures required to obtain authorization to follow through with the above. Sincerely, ~~~ Dale F. Morrison Delray Beach Soap Box Derby, Inc. Committee Boca Raton Sunrise . Delray Beach Sunrise Kiwanis Clubs '. ., . . . .. DELRAY BEACH SOAP BOX DERBY ******************************************************** P.O. Box 1289 Delray Beach, FL 33447 February 18, 1992 Mr. James Snelgrove Palm Beach County Road & Bridge Division Box 2429 West Palm Beach, Florida 33402-2429 re: National Derby Rally Dear Mr. snelgrove: In conjunction with the 1992 Delray Beach Soap Box Derby, the organizing committee is planning a "NDR Soap Box Derby Rally" for the weekend of May 2nd. Saturday is the scheduled race day, with the following Sunday being a rain/makeup date. The rally and sd'~P<f}p~p~+bya:re sponsored, by the Gold Coast Delray Beach Soap Boxlct:>~tby ,i.,tJ.'lC. Committee, Del'fay. Beach - Sunrise Kiwanis Club and !~~~~ ,':Ra.'t::()l)-~p.nrise'Ki'W~l1.,is<;Club. The rally will start at approxima;t.ce.~Y;;9f.OOAM\and lastunt::ilLearly afternoon. ,':.' ....... ::,-;,,' ,,,,'.,',: "::":""'.;' "i' .. ",: A Derby Rally is~.1.~ssi6rmaJ 'functionthan]:he Delray Beach race held in June. It.<;L:l.lowfi'rC!cef~the opportuIlity to practice driving the hill and ga~'X1;experience;and confidenge. ~;-',c.: :, -,,', " ,,_.., .. ".' ..:.. ..> , ':;' < "," .... ,','.. " ..' As in the annu~I:'Delr~y Beac~ race,we;~equest the use of the Linton Boulevaf~iiBridge.~Thi.s. will, require that the bridge be closed to vehic::ular traffic' iCluring.the ,hours of the race. The racers will rundown }tles;tbound lanes to~ards US#l, freeing the eastbound lanes 'for eme:rgency vehicles and. pedestrians. We will supply ampleb~rricades with appropriate "road closed" signage at Federal Highway and A1A, similar to past years. Ample sanitation facilities will be provided through Waste Management. We have also notified the city of Delray Beach, and anticipate their cooperation as in the past. Please notify us of any further procedures required to obtain authorization to follow through with the above. Sincerely, ~~N' (f:Ig~~ Dale F. Morrison Delray Beach Soap Box Derby, Inc. Committee Boca Raton Sunrise . Delray Beach Sunrise Kiwanis Clubs '. .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # <:? H - MEETING OF MARCH 24. 1992 SUMMER YOUTH EMPLOYMENT PROGRAM DATE: March 20, 1992 This item is before you to approve a Summer Youth Employment Program in conjunction with Florida Job Service. This program provides youths between 16 and 21 years of age with the opportunity to obtain skills and training by working in various City departments. The program runs approximately eight weeks. Florida Job Service will provide pre-screening and selection services. It is estimated that approximately 12 participants will be hired at a salary of $4.50 per hour. Funding will come from the participating department's budget. Recommend approval of the Summer Youth Employment Program in conjunction with Florida Job Service with funding from various departmental budgets. '. Agenda Item No. : AGENDA REQUEST Date: March 9. 1992 Request to be. placed on:' X Regular Agenda Special Agenda Workshop Agenda When: March 24. 1992 Description of agenda item (who, what, where, how much): Summer Youth Pro ram - s onsored b the City in conjunction with Flor1da Job Service (see attached Memorandum for details . ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend 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: Departmental Funding (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/ NO (;.'-:-.../1 Hold Until: L../ v I Agenda Coordinator Review: Received: Action: Approved/Disapproved '. - MEMORANDUM TO: David T. Harden, City Manager FROM: Nancy Jackson, Personnel Coordinator ~ THRU: John W. Elliott. Jr., Assistant City Manager/~ Support Services SUBJECT: REQUEST FOR APPROVAL OF SUMMER YOUTH PROGRAM THROUGH THE JOB SERVICE OF FLORIDA DATE: March 9, 1992 The following recommendation is being made to approve the Summer Youth Employment Program in conjunction with the Job Service of Florida: Program Objective: To provide job opportunities for youth which familiarizes them with the job market, provides skill training, and job seeking skills, and to complete needed Citywide seasonal projects. Program will provide meaningful employ- ment experiences with a tangible outcome which will be beneficial to the City and to the participants. Program Duration: 8 weeks during the summer months Participant Ages: 16 years to 21 years old Number of Approximately twelve (12) based upon Participants: anticipated departmental requests Work Week: Not to exceed 40 hours per week Hourly Rate: $4.50 per hour Residency: Delray Beach residents only Other Eligibility Requirements: None Restrictions: 18 years and older to operate power equipment or to supervise children. Pre-Screening & Pre-screening will be conducted by the Florida Job Selection: Service. '. - Memorandum to David Harden Approval of Summer Youth Program through the Job Service of Florida page 2 Recommended $17,280. Funding: Departmental Accounts Positions: Based upon past placement through the Summer Youth Program, we anticipate utilizing the participants in clerical, recreational, maintenance and other related positions. Placement within City depart- ments will be based upon departmental requests which will be reviewed and selectively authorized by the City Manager. SUMRYTH.DOC/nj .. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 8M SUBJECT: AGENDA ITEM # 1? Jr - MEETING OF MARCH 24. 1992 AUTHORIZATION TO EXPEND FUNDS FROM FEDERAL FORFEITURE ACCOUNT DATE: March 20, 1992 This item is before you to authorize staff to expend $9,365.90 from the Federal Forfeiture account to purchase additional items necessary to equip the expanded Community Policing Unit. These funds will be used to purchase six (6) new bicycles and equipment, bicycle locks, uniforms, and duty belts. A complete breakdown of the equipment and associated cost is attached as backup material for this item. Recommend authorization be granted to expend $9,365.90 from the Federal Forefeiture account to purchase additional items for the Community Policing Unit. '. " ; /, /;' " ;" I/' 'f"'....,"..->! 1"- I - . ? ,<,---. ----...-.- DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Chief Richard G. Overman FROM: Major Richard M. Lincoln r~ Field Operations Bureau DATE: March 12, 1992 SUBJECT: REQQ~Qr_rQB_~QlrIQMa~_~QQI~M~Mr rQB_hQMMQMI~_~Q~IQIM~_QNlr ----------------------------------------------------------------- ----------------------------------------------------------------- Attached you will find a request from Lieutenant Lunsford for additional items necessary to equip the expanded Community Policing Unit, I would request that the $9,365.90 be appropriated from our Federal Forfeiture account in order to purchase this necessary equipment. RML/gb Attachment cc: Major Cochrane Captain Morley 0' .. , DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Captain Edward M. Morley ~ Patrol Division Commander FROM: Lieutenant H. Scott Lunsford.J~ Community Policing Unit ~ DATE: March II, 1992 SUBJECT: EQUIPMENT PURCHASE & FUNDING ----------------------------------------------------------------- ------------------------------------------------------------------ This is to request purchase of equipment needed for the expanded Community Policing Unit. A complete breakdown of equipment is provided in the attached memorandums from Sergeant Swigert and myself. These items were not budgeted therefore funding will need to be determined. - 4 Beepers at $6.75/mth for 6 months $162.00 - leased Contact Gabriel - Additional equipment for 5 existing bicycles $894.50 - 6 new bicycles and equipment $4,546.80 - U-shaped bicycle locks, 11 at $30.00 $330.00 - Lightweight nylon duty belts $2,107.60 - Biking gloves $120.00 - Uniforms $1,205.00 TOTAL - $9,365.90 If any further information is needed please let me know. attachments HSL/hsl '. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~~ SUBJECT: AGENDA ITEM # <6"0 - MEETING OF MARCH 24. 1992 ACCEPTANCE OF GRANT FUNDING/CLEAN FLORIDA COMMISSION DATE: March 20, 1992 This item is before you to accept matching grant funding in the amount of $10,000 from the Clean Florida Commission to be used in conjunction with our Litter Prevention program. These funds will be used to continue the City's efforts to increase public awareness of the problems with litter and excess waste and to provide reasonable solutions to those issues. Matching funds are available in the Sanitation Fund Project Reserve (Account No. 433-3711-534-90.41). Recommend acceptance of grant funding in the amount of $10,000 from the Clean Florida Commission, with the City's Match corning from the Sanitation Fund Project Reserve (Account No. 433-3711-534-90.41), to be used in conjunction with our Litter Prevention program. " . , . Agenda Item No.: AGENDA REQUEST Date: March 17. 1992 Request to be placed on: XXX Regular Agenda CONSENT Special Agenda Workshop Agenda When: March 24. 1992 Description of item (who, what, where, how much): Request for City Commission to approve the acceptance of grant award in the amount of $10.000 from the Clean Florida Commission. This award is made for the continuation of Ol1r "Litter Prevention" Program. Bv Resolution #83-91 the City has agreed to match the awarded amount from the existing Sanitation Account. The Program is educational in nature and will be coordinated by St~ve Hiney, Recycling Coordin~tor. (Example: ,Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Acceptance of this grant award. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~~ ~ Department Head Signature: City Attorney Reviewl Recommendation (if ~PliCable): . . Budget Director Review ( required on all items involving expenditure of funds): Funding available: @ NO (if applicable) Funding alternatives: ~ Account No. & Desc~Ption: 1f.33 3'" S"3'f 90 Ifl Stw/7I1f>>orJ lWvo- Account Balance: '1t'3y.. p~~ City Manager Review: Approved for agenda: &/ NO 9lN1 '( I Hold Until: 1/ v . Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved .. March 17, 1992 MEMORANDUM TO: David Harden, City Manager FROM: Lula Butler, Director, Community Improveme~ RE: Request City Commission Acceptance of Grant Award from the Clean Florida Commission in the amount of $10,000. BACKGROUND: You will recall, that last year we were awarded a $4,000 grant from the Clean Florida Commission for the implementation of a "Litter Prevention" Program. From this modest beginning, brochures and other educational materials have been developed. As anticipated, this Program is proving to be a natural add-on to our recycling efforts. This past October, the City made application for funding to continue and expand our Litter Program. We have been notified that our request has been approved for the full amount requested of $10,000 for FY 1991-92. By Resolution # 83-91 the City has agreed to match the awarded amount from the existing Sanitation Fund Account. These funds will be used to continue our efforts to increase public awareness of the problems and provide reasonable solutions to the litter and waste problems that we encounter on a daily basis. RECOMMENDATION: Request for City Commission to approve the acceptance of grant award in the amount of $10,000 from the Clean Florida Commission. This award is made to continue our efforts to increase public awareness of the problems and solutions associated with litter. By Resolution #83-91 the City has agreed to match the awarded amount from the existing Sanitation account. This educational Program will be coordinated by Steve Hiney, Recycling Coordinator. Attachments LB/DGR-litter .. E'lU~",. i:: . q,\ ? . '. ~\ Recycled .. ~ . ,)j CLEAN FLORIDA COMMISSION ~ '- Mallmg Address: \~ '. .</ . 605 Suwannee St., MS-2 ~.!.~ Office Address: Tallahassee, FL 32399-0450 Suite57l, Twin -!c)wers Phone: 904-488-2756 2600 Blair Stolle Hoad Fax: 904-488-8404 Tallahassee, FL 32399-2400 March 12, 1992 Mr. Stephen Hiney Recycling Coordinator 100 Northwest 1st Avenue Delray Beach, Florida 33444 Dear Mr. Hiney: On behalf of the Clean Florida Commission, I would like to congratulate you for being awarded a litter prevention grant in the amount of $10,000 for FY 1991-92. Enclosed are three (3) copies of the Litter Prevention Grant Agreement which should be signed by the authorized representative as stipulated in your grant application. Please execute all three copies, and return two copies to this office by April 3. The third copy should be retained for your records. By signing the agreement you are committing to the general and special conditions stipulated within the agreement. Should you not wish to adhere to these conditions, please write "DENIED" across the signature page, sign and return to this office. Should you have any questions, please contact Mona strickland at 1-S00-BAN-TRAS(H) . Also enclosed is a sample invoice for payment. This must be copied onto your letterhead and mailed back with the two copies of the grant agreement in order to process payment of the grant funds. For those of you receiving grants to assist in the establishment of a Keep America Beautiful System and did not attend the February 24 pre-certification workshop, please note that May 1 is the date of the next workshop. This workshop will be held in Orlando and is the only workshop scheduled for qrant recipients for the remainder of the year. Your application and certification fee should be forwarded to Keep America Beautiful, Inc. by April 13. If you have any questions about this matter, please contact me as soon as possible. ,j Ult'llIJJl''- llinll'IU',!", n'.'f)()1l\1h/t 'F;r O)(}n!..l~(]/(f1g a statewide //lter .trt:l't'fltion pT(~~ranl l"onljhi\t'J r/u' t:\.I.Xli!I1'cs.fr0I11 rile jJcl'ar/!neflH (!! EniRONMfN1A1 R\ ('it! N' 1R~N PORi~;ION COMMERCE EDUCA110N' NA1URA\ USOURCES .. Again, congratulations and thank you for such outstanding applications. r am extremely impressed with all the good work going on throughout our state. r look forward to working with you for a cleaner, healthier and more beautiful Florida. Sincerely, ~n>7~ Executive Director BM/mj s Enclosures .. - . LITTER PREVENTION GRANT AGREEMENT STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO F.S. 403.4131, (1988)- Grantor, CLEAN FLORIDA COMMISSION (commission), agrees to grant funds in the amount and for the period set forth below to the Grantee(s), City of Delray Beach , to be used to implement (a) litter prevention program(s) through education and broad based citizen involvement at the local community level. This grant is subject to the provisions of section 403.4131 (5)(j), Florida Statutes (1988) and any Special Conditions set forth in Part II B. of this agreement. Part I - GRANT INFORMATION 1- Grant Number: 21-91-92 2 . Grant Awarded: 12-20-91 3. Grant Period: CY 1992 4. Grant Amount: $10,000 5. Grantee(s): city of Delray Beach Address: 100 N.W. 1st Avenue Delray Beach, FL 33444 6. Federal Employer ID Number: 59-6000308 7. Grantee Contact Person: Name: Stephen Hiney Title: Recyclinq Coordinator Address: Same as #5 Telephone: (407) 243-7138 8. Clean Florida commission Project Manager: Name: Barbara Mason Title: Executive Director Address: 2600 Blair stone Road, Suite 571 Tallahassee, FL 32399-2400 Telephone: (904) 488-2756 or 1-800-BAN-TRAS(H} CFC LPG 91-92 1 .. . PART II - GRANT CONDITIONS A. GENERAL CONDITIONS: 1. The grant funds will be disbursed to the Grantee upon receipt of an appropriate invoice. Annual expenditure reports must be submitted for the actual costs incurred for the grant period by March 15, following the end of the grant period. The Commission has the right to terminate this agreement and demand full refund of all funds in the event it is determined that any grant funds were expended in non-compliance with the terms of the attached grant application and this agreement. 2. All unspent or uncommitted grant funds remaining at the end of the grant period may be carried over into the next grant period but must be tracked and reported separately from any subsequent grant. Unspent carried over funds must be spent or obligated by December 31 of the year in which the funds are carried over. 3 . Each recipient of grant funds shall maintain accurate records of all expenditures of grant funds and shall assure that these records are available at all reasonable times for inspection, review or audit by Commission staff and other personnel authorized by the Commission. Records shall be kept for a period of at least 3 years following the end of the grant period. Such grant period shall include any extension authorized for carried over funds. 4. Annual expenditure reports, due by March 15 following the grant period, must be accompanied by sufficient supporting invoices and documentation to support preaudit and post audit review. The sufficiency of said documentation shall be determined by the Commission's Executive Director who may seek additional information as the circumstances require. 5. No travel costs incurred by the grantee are eligible for reimbursement under this grant. However, travel costs .. incurred by the grantee may be used from documented matching funds as required by Rule Chapter 56-1, Florida Administrative Code. 6. The Department of Environmental Regulation shall pay all satisfactory invoices in accordance with Section 215.422, Florida Statutes, as amended 10/28/91. 7. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for yendors who may be experiencing programs in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. CFC LPG 91-92 2 " . 8. The Department. of Environmental Regulation reserves the right to unilaterally cancel this agreement for refusal by the graGtee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the grantee .In conjunction with this agreement. 9 . The State of Florida's performance and obligation to pay under this agreement lS contingent upon an annual appropriation by the Legislature and continuation of other funding presently anticipated, \Yithout liability for anticipated profits for unfinished \York. 10. Advance Payment Provision: The Grantee may request an advance payment, as authorized by section 216.181(12) (b), Florida Statutes. Upon receipt of advance payment authority from the Comptroller's Office, the Department of Environmental Regulation may authorize an advance payment or payments as outlined by Comptroller memorandum of authority. If advance payment is authorized, the Grantee shall establish a separate interest-bearing account to place all funds advanced under this contract. The Grantee shall not expend any interest earned on funds advanced under this contract. All interest earned shall be returned to the DER within thirty days of contract termination. If funds are advanced under this contract, the Grantee shall submit supporting documentation for all draws against the account containing the advanced funds. B. SPECIAL CONDITIONS: l- Any printed or broadcast material must contain the statement "This (brochure/video/etc.) was made possible by a Litter Prevention Grant from the Clean Florida Commission. " 2 . Whenever possible, any printed material produced in conjunction with this grant should be printed on recycled and recyclable paper. 3 . Any grant program involved with schools should incorporate the Department of Education's "4R's" curriculum - Recover, Reduce, Reuse, Recycle: A Solid Waste Management Curriculum for Florida Schools - in to its educational program. Instructional materials are available for grades Pre-K through 12. For additional information on the 4R's curriculum, contact Kathy Shea Abrams, Office of Environmental Education, at 904-487- 7900. CFC LPG 91-92 3 " hI , . - -- --~- RESOLUTION NO. 83-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING GRANT ASSISTANCE FROM THE CLEAN FLORIDA COMMISSION. WHEREAS, the City of Delray Beach is interested in carrying out the following described project for the enjoyment of the citizenry of Delray Beach and the State of Florida: Project Title Litter Prevention Program Total Estimated Cost $20,000 (Proposal to Clean Florida Commission for up to $10,000 of total cost) Brief Description of Project: The Clean Florida Commission provides funds to assist in the implementation and continuation of Litter Prevention Programs throughout the State. The City wishes to make application for funding up to the maximum amount of $10,000 so as to continue our Litter Prevention Program which is a natural add on to our current recycling efforts. In brief, the funds would be used for educational purposes. We propose that the solutions to the litter and waste problems can only come about if people are informed and involved in the process. This grant would serve such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the project described above be authorized. Section 2. That the City Commission of the City of Delray Beach make application to the Clean Florida Commission in the amount of 50% of the actual cost of the project on behalf of said City of Delray Beach. Section 3. That the City Commission of the City of Delray Beach certifies to the following: 1. That it will accept the terms and conditions set forth in the Clean Florida Commission Guidelines and which will be a part of the Project Agreement for any grant awarded under the attached proposal. 2. That it is in complete accord with the proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Clean Florida Commission. 3. That it has the abiity and intention to finance its share of the cost of the project of up to $10,000 (or matching amount of grant award) and that the project will be operated and maintained at the expense of said City of Delray Beach for public use. Matching funds will be dedicated from existing Sanitation Fund acount. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developer pursuant to this proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. . '. 5. That it will maintain adequate financial records on the proposed project to substantiate expenditures. PASSED AND ADOPTED in regular session on this the 29th day of October, 1991. c~ ---/ Y 0 R ATTEST: 03.uJrr({hl', }fJ~lIolt[ C~ty Cler ; ! I I i i i I . -2- Res. NO. 83-91 .. ., .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtfrv1 SUBJECT: AGENDA ITEM # ~K - MEETING OF MARCH 24. 1992 RESOLUTION NO. 31-92 DATE: March 20, 1992 This item is a Resolution assessing costs for abatement action required to board up an unsafe building located on property at 141-143 S.W. 12th 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 $851.40 remains unpaid. Recommend approval of Resolution No. 31-92 assessing costs to board up an unsafe building located on property at 141-143 S.W. 12th Avenue. '. ., '" -~ - ".-~- .--------_. -------.~---.----,-.-.- -- --.---....--.----...-- - -_._-~-_._._- -- -_._----,- ---------.--------.-----.----- "--- RESOLUTION NO. 31-92 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; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land (s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the Ci ty Manager 0 f the Ci ty 0 f De lray 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: . ,. ....' ,. "* --". -_..---_--._--_._--_..~--~--~---._-~.-- .--.- .".- ----~. ~--- .-.-._--_..-..._------- -- _.~-----.-_._--....__.- ----~~_._--~ ---.-.-"--..--- Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the 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 parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, 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 mai ling 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. MAY 0 R ATTEST: City Clerk . -2- RES. NO. 31-92 I " . ~ NOTICE OF ASSESSMENT Date TO: James E. Vance ADDRESS: 1630 Clare Avenue, West Palm Beach, Fl 33042 PROPERTY: 141-143 SW 12th Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION: Lot 11, Block 6, Atlantic Gardens, accordint to Plat Book 14, Page 63 of the official records of Palm Beach County, FI You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $851.40 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 1?-?7-Q1 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 1-31-92 at a cost of $851.40 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. ~ hi . - 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 ~ \'0) " . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Cl/0 SUBJECT: AGENDA ITEM i rL - MEETING OF MARCH 24. 1992 RESOLUTION NO. 32-92 DATE: March 20, 1992 This item is a Resolution assessing costs for abatement action required to remove nuisances on 25 properties located within the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 32-92 assessing costs for abating nuisances on 25 properties located within the City. '. " , ~-------._-- ------ ---------_._------- -- - -- _. ---- .-- --~ ---~----' - ..-------- -- "-------- ~- RESOLUTION NO. 32-92 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; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, 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 De1ray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nu~sance(s) against said property owner(s), . ., . ~-- -------_.-._- ~----- --- -------- -----~--- -- -~ - ------ .---- - ---- ___m________ ---...-- 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 parce 1 (s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30 ) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and 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 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 due and payable thirty ( 30) days after the mailing date of the notice of said assessment(s) , after which a lien shall be placed on said property(s) , and interest shall accrue at the rate of eight (8 ) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mai ling date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the 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 , 1992. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 32-92 , .. . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 12, BLK 1, ATLANTIC PARK MATTIE H. PATRICK $ 65.00 GARDENS, DELRAY, PB 14, P 56, 74 FORSYTHIA ST. 70.00 (ADM COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33484 (RECORDING) COUNTY, FL (NW 13TH AVENUE) LOTS 11 - 14 INC., BLK 57, C.W. & CHARLOTTE VOGLER $ 56.45 (OLD SCHOOL SQUARE HISTORIC 13 NW 3RD STREET 70.00 (ADM COST) DISTRICT), TOWN OF DELRAY, DELRAY BEACH, FL 33444 (RECORDING) PB 12, P 86, PUBLIC RECORDS, PALM BEACH COUNTY, FL (13 NW 3RD STREET) LOTS 15 & 16, BLK 57, (OLD CHARLES W. VOGLER $ 56.45 SCHOOL SQUARE HISTORIC DIS- P.O. BOX 916 70.00 (ADM COST) TRICT) , TOWN OF DELRAY, PB 12, DELRAY BEACH, FL 33447 (RECORDING) P 86, PUBLIC RECORDS, PALM BEACH COUNTY, FL (N. SWINTON AVENUE) LOTS 1, 2 & 6, BLK 1, COLONIAL FRANCK FRANCOIS $124.00 HEIGHTS, PB 26, P 69, PUBLIC C/O BETHEL BAPTIST 70.00 (ADM COST) RECORDS, PALM BEACH COUNTY, FL EVANGELICAL CHURCH, INC. (RECORDING) (809 SW 8TH AVENUE) 809 SW 8TH AVENUE DELRAY BEACH, FL 33444 LOT 16, BLK 35, TOWN OF DELRAY, GRACE BARNETT $ 40.00 PB 1, P 3, PUBLIC RECORDS, 1401 39TH STREET 70.00 (ADM COST) PALM BEACH COUNTY, FL W. PALM BEACH, FL 33407 (RECORDING) (309 NW 1ST STREET) E37.3' OF W62.3' OF S93' OF HENRY R. DAVIS $ 39.00 BLK 11, TOWN OF DELRAY, PB 1, 301 SW 8TH COURT 70.00 (ADM COST) P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING) BEACH COUNTY, FL (621 NW 1ST STREET) W125' OF N110' OF BLK 21, TOWN CHICK N HAVEN INC. $ 22.00 OF DELRAY, PB 1, P 3, PUBLIC 5300 NW 181ST TERRACE 70.00 (ADM COST) RECORDS, PALM BEACH COUNTY, FL MIAMI, FL 33055 (RECORDING) (540 W. ATLANTIC AVENUE) -3- RFS. NO. 32-92 " - LOTS 1 & 2, BLK 4, OSCEOLA PK, ROBERTA KINNEL $ 32.00 PB 3, P 2, PUBLIC RECORDS, CARRIE L. JOHNSON 70.00 (ADM COST) PALM BEACH COUNTY, FL 32 SW 5TH AVENUE (RECORDING) (540 W. ATLANTIC AVENUE) DELRAY BEACH, FL 33444 S50' OF N245' OF E147' OF WILLIE & BARBARA FLINT E 1/2 OF LOT 9, SUB OF SEC 20 SW 8TH AVENUE $ 40.00 17-46-43, PUBLIC RECORDS, P.O. BOX 2693 70.00 (ADM COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 ( RECORDING) (20 SW 8TH AVENUE) S100' OF N250' OF SEC. LYG BET RENAISSANCE ASSOC. $102.98 ELY R/W OF SR A-1-A & ATLANTIC C/O ROTHCO ENTERPRISES 70.00 (ADM COST) OCEAN, SUB OF SEC 28-46-43, 2424 N. FEDERAL HWY. #455 (RECORDING) PUBLIC RECORDS, PALM BEACH BOCA RATON, FL 33431 COUNTY, FL (1835 S OCEAN BLVD.) LOT 23, BLK 23, TOWN OF DELRAY, GRACE BARNETT $ 85.00 PB 10, P 69, PUBLIC RECORDS, 1401 39TH STREET 70.00 (ADM COST) PALM BEACH COUNTY, FL W PALM BEACH, FL 33407 (RECORDING) (SW 3RD STREET) LOTS 8 & 9, BLK 15, TOWN OF ALFREDA GORDON $ 64.00 DELRAY, PB 13, P 6, PUBLIC 1824 NW 68TH STREET 15.00 (ADM COST) RECORDS, PALM BEACH COUNTY, FL MIAMI, FL 33147 (RECORDING) (SW 7TH AVENUE) LOTS 6 & 7, BLK 87, LINN'S ADD. J.W. & ANN T. GWYNN $ 48.00 TO OSCEOLA PK, PB 1, P 133, 608 N.E. 8TH AVENUE 70.00 (ADM COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33483 , (RECORDING) COUNTY, FL (215 SE 2ND AVENUE) ESO' OF W126' OF N120' OF J.B.'S INTERNATIONAL, INC. $176.00 S140'OF S 1/2 OF BLK 12, 3801 N. FEDERAL HWY 70.00 (ADM COST) TOWN OF DELRAY, PB 1, P 3, POMPANO BEACH, FL 33064, (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (633 W. ATLANTIC AVENUE) E100' OF W275' OF S134' OF Sl/4 ENGLISH PARADISE, INC. $ 75.00 OF LOT 10 (LESS E10' R/W & SR 909 W. ATLANTIC AVENUE 70.00 (ADM COST) 806 R/W) & S45' OF NI89.3' OF DELRAY BEACH, FL 33444 (RECORDING) E124.8" OF W274.8' OF Sl/4 OF LOT 10 (LESS E la' R/W) , SUB. OF SEC. 17-46-43, PUBLIC RECORDS, PALM BEACH COUNTY, FL (909 W. ATLANTIC AVENUE) -4- RES. }10. 32-92 " LOT 27, BLK I, ATLANTIC PARK BENNIE THOMAS $ 36.00 GARDENS, DELRAY, PB 14, P 56, 1720 1ST ST N 70.00 (ADM COST) PUBLIC RECORDS, PALM BEACH WINTER HAVEN, FL 33881 (RECORDING) COUNTY, FL (NW 12TH AVENUE) LOT 96, TROPIC ISLE, PB 24, JAMES & ELIZABETH GINESI $ 16.00 P 235, PUBLIC RECORDS, PALM 363-A BRICKYARD ROAD 70.00 (ADM COST) BEACH COUNTY, FL FREEHOLD, NJ 07728 (RECORDING) (SPANISH TRAIL) LOTS 1 & 2, (LESS N15' RD R/W), VALENTINE GABALDON $109.00 BLK B, RIDGEWOOD HEIGHTS, 328 4TH STREET 70.00 (ADM COST) DELRAY PB 14, P 44, W. PALM BEACH, FL 33401 (RECORDING) PUBLIC RECORDS,PALM BEACH COUNTY, FL (702 SW 10TH STREET) LOT 30, BLK 8, OSCEOLA PK, M.J. & PHYLLIS HENDRICKS $172.00 PB 3, P 2, PUBLIC RECORDS, 11365 SW MEADOW LARK CIR. 70.00 (ADM COST) PALM BEACH COUNTY, FL STUART, FL 34997 (RECORDING) (727 SE 2ND AVENUE) E 1/2 OF LOTS 14 & IS, BLK 2, MARIE CULLERTON. ROBERT $ 46.00 KENMONT, PB 20, P 65, PUBLIC DEANS & JEAN SCHAEFFER 70.00 (ADM COST) RECORDS, PALM BEACH COUNTY, FL 700 E ATLANTIC BLVD (RECORDING) (850 BOND WAY) C/O TONNESSEN POMPANO BEACH, FL 33060 LOT 3, BLK 2, RIO DEL REY JAMES GINESI $ 21.00 SHORES, PB 25, P 5, PUBLIC 363-A BRICKYARD RD 35.00 (ADM COST) RECORDS, PALM BEACH COUNTY, FL FREEHOLD, NJ 07728 (RECORDING) (SE 6TH AVENUE) LOT 4, BLK 2, RIO DEL REY JAMES GINESI $ 21.00 SHORES, PB 25, P 5, PUBLIC 363-A BRICYARD RD 35.00 (ADM COST) RECORDS, PALM BEACH COUNTY,FL FREEHOLD, NJ 07728 (RECORDING) (SE 6TH AVENUE) LOT 4, BLK C, WEST SIDE HATTIE L. HARDWICK, EST. $210.00 HEIGHTS, DELRAY, PB 13, P 61, C/O GEORGE QUAIL 70.00 (ADM COST) PUBLIC RECORDS, PALM BEACH 302 BAINBRIDGE ST (RECORDING) COUNTY, FL BROOKLYN, NY 11233 (NW 10TH AVENUE) S50' OF N250' OF E135' OF RPI MANAGEMENT $ 80.00 BLK 1 3 , TOWN OF DELRAY, PB 2, 7825 N BAYSHORE COURT 70.00 (ADM COST) P 3, PUBLIC RECORDS, PALM BOX 2501 (RECORDING) BEACH COUNTY, FL MIAMI, FL 33138 (SW 6TH AVENUE) -5- RES. NO. 32-92 o. . . LOTS 8 & 9 (LESS RD R/W), DOLORES A LIDDY TR $ 90.00 BLK 1, SOPHIA FREY ADDITION, C/O ARNOLD F. KURZINGER 70.00 (ADM COST) PB 4, P 37, PUBLIC RECORDS, 4426 GLENEAGLES DR (RECORDING) PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33436 (911 N FEDERAL HWY) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETAION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -6- RES. NO. 32-92 'f ., . - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS '" FROM: CITY MANAGER ~/J SUBJECT: AGENDA ITEM i g>'ft - MEETING OF MARCH 24. 1992 RESOLUTION NO. 33-92 DATE: March 20, 1992 This is a resolution authorizing the Chamber of Commerce to be the licensing authority for activities associated with the Delray Affair to be held April 24, 25 and 26, 1992. The Chamber has requested this authority in order to prevent unlicensed merchants from setting up booths within the area designated for the Delray Affair. Recommend approval of Resolution No. 33-92. .. " h_ - . CITY DF DELRAY BEA[H -rYATTORNEY'S OFFICE Wr~t_r'. D~r_at L~n_ (407) 243-7090 MEMORANDUM Date: March 19, 1992 _ To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Delray Affair Licensing Authority - March 24, 1992 Agenda This resolution will give the Delray Beach Chamber of Commerce sole licensing authority to allow merchants to sell products on the street and sidewalk during the Delray Affair to be held on April 24, 25 and 26, 1992. This will help alleviate any problems with unlicensed merchants setting up booths on Atlantic Avenue during the event. If you have any questions, please call. DNT: sh cc: ~IltMr'Harden, City Manager Cheryl Leverett Attachment affair-2.dnt .. .. - ~----- ------ -- ~---- .-----.-.--..---... ----- -- -_.__.~~--~-_._------ ------ --_._--- RESOLUTION NO. 33-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE DELRAY BEACH CHAMBER OF COMMERCE TO BE THE LICENSING AUTHORITY FOR ACTIVITIES ASSOCIATED WITH THE "DELRAY AFFAIR" TO BE HELD ON APRIL 24, 25 AND 26, 1992. WHEREAS, the Delray Beach Chamber of Commerce sponsors the Delray Affair to be held on April 24-26, 1992, on Atlantic Avenue in Delray Beach: and, WHEREAS, in order to provide for an orderly procedure for setting up the booths along Atlantic Avenue in which individuals may sell arts and crafts, it is necessary to designate one authority to issue licenses to merchants desiring to sell their products: and, WHEREAS, the City of Delray Beach Chamber of Commerce sponsors the event, and shall be the licensing authority, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Delray Beach Chamber of Commerce be designated as the authorized licensing agent for the "Delray Affair". The Chamber is authorized to issue licenses to individual merchants who desire to sell their products on streets and sidewalks in the area in and around Atlantic Avenue during the Delray Affair, April 24 through 26, 1992. Section 2. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 24th day of March, 1992. MAYOR ATTEST: City Clerk . .. ,. .. ~N~' ----~~_._-------. -_.----~--~-- -- -- --_.-.~-_._---- ~---~_.- -- -.--- ---~--~----- -- ------ .~-- -_.-----------. --- --------.-"-- -- - --_._--~------_._~---- -~- --- RESOLUTION NO. 30-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION IN FEE SIMPLE OF CERTAIN REAL PROPERTY, BEING CERTAIN REAL PROPERTY, BEING CERTAIN LANDS ABUTTING LAKE IDA ROAD AND THE S.D. SPADY ELEMENTARY SCHOOL IN THE CITY OF DELRAY BEACH, FOR THE PUBLIC PURPOSE OF EXTENDING N.W. 8TH AVENUE AND N.W. 10TH AVENUE, PROVIDING DRAINAGE IMPROVEMENTS AND PROVIDING ADDITIONAL LANDS FOR A JOINT EDUCATIONAL/RECREA- TIONAL FACILITY WITH THE SCHOOL BOARD OF PALM BEACH COUNTY; FINDI~3 THAT THE ACQUISITION OF SAID PROPER- TY IS NECES5ARY FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; PROVIDING THAT IN THE EVENT EMINENT DOMAIN PROCEEDINGS ARE NECESSARY, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN THE SERVICES OF APPRAISERS, EXPERTS IN OTHER DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE CITY ATTORNEY IN THIS MATTER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Manager and City Engineer of the City of Delray Beach, Florida have recommended the acquisition of certain real property to be utilized for the public purpose of extending N. W. 8th Avenue and N.W. 10th Avenue, providing drainage improvements and provid- ing, together with the School Board of Palm Beach County, a joint educational/recreational facility at the S.D. Spady Elementary School; and, WHEREAS, it is necessary that the City acquire the hereinafter described property in order to construct said improvements; and WHEREAS, the City of Delray Beach has heretofore entered into an Interlocal Agreement with the School Board of Palm Beach County concerning the acquisition of said lands, the funding of the acquisition and construction costs, and the improvements to be constructed thereon; and, WHEREAS, pursuant to said Interlocal Agreement, the City of Delray Beach has agreed to acquire the hereinafter described property; and, WHEREAS, funds are available for the above described acquisi- tions and improvements; and, WHEREAS, the City Commission finds that the acquisition of the hereinafter described property in fee simple for the making of said public improvements and related purposes is a public necessity and essential to the interests of the residents of the City of Delray Beach, Florida; and, WHEREAS, in order to accomplish the acquisition of the needed property, it is necessary for the City Attorney to take legal action and to employ real estate appraisers, experts in other disciplines and private counsel to assist the City Attorney in this matter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. The City Commission adopts and rati fies those matters set forth in the foregoing recitals. Section 2. The City Attorney is authorized and directed to employ real estate appraisers for the purpose of securing appraisals of '. .. . . . . -_.~~.._-----'- - --~-_...- ---~ ------ - --- - -. .. ~ ----- --------- --,---- ~-~~..__._--~._- the value of the property hereinafter described for the purpose of acquiring said property. Section 3. The City Attorney is authorized and directed to proceed to take all necessary steps, including the hiring of appraisers, accountants, surveyors, and experts in other disciplines whom the City Attorney deems are necessary for he adequate and complete representation of the City in this matter, in order for the City of Delray Beach to acquire in its own name by donation, purchase or eminent domain proceed- ings, fee simple title to the property, more particularly legally described as follows: See attached Exhibit "A" The City Attorney is further authorized to have prepared in the name of the City of Delray Beach all papers, pleadings, and other instruments required for that purpose and to see that all eminent domain proceedings are prosecuted to judgment. The City Attorney is authorized to retain the firm of Vance and Doney as independent counsel to assist in this matter. Section 4. The City Attorney is hereby authorized and directed to take such further actions as are reasonably required to fully accomplish the purposes hereinabove directed. Section 5. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on the day of 1992. - , MAY 0 R ATTEST: City Clerk 2 Res. No. 30-92 ., " . ---- _ -_.. __ _ _.. ___ . n_ -~_. ---~------- ~----_._----- EXHIBIT "A" The South one-half ( 1/2) of the east one-half (1/2 ) of Lot 19, SUBDIVI- SION OF SECTION 8, Township 46 South, Range 43 East, according to the plat thereof filed in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, at Plat Book 1, Page 4, all such lands lying and being South of Lake Ida Road. 3 Res. No. 30-92 .. " 4 . . - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER /'-1v1 v . SUBJECT: AGENDA ITEM # <:{ ~ - MEETING OF MARCH 24. 1992 RESOLUTION NO. 30-92 DATE: March 20, 1992 This is a resolution aut~orizing the initiation of eminent domain proceedings in conjunction with improvements at S.D. Spady Elementary School. At the time the agenda was completed the City Attorney 's Office was still researching this project; therefore, backup material is not available. '. '. ~ s/d'l/9.;2- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS , FROM: CITY MANAGER - "<", SUBJECT: AGENDA ITEM i ( 0 - MEETING OF MARCH 24. 1992 AWARD OF BIDS AND CONTRACTS DATE: March 20, 1992 This item is before you to approve the award of the following bids and contracts: 1. Submersible Wastewater Pumps - Environmental Services - Southeastern Pump Corporation in the amount of $25,000 with funding from Water and Sewer Repair and Upkeep Equipment (Account No. 441-5144-536-33.32). 2. Fire Safety House Trailer - Fire Department - Scotty RV Corporation in the amount of $22,488.88 with funding from Special Project - EMS Matching Grants (Account No. 115-0000-248-92.00) and Fire Department Equipment Other (Account No. 001-2315-526-60.89). 3. Two ( 2 ) 1 Ton Trucks - Streets Division - Duvall Ford (State Contract) in the amount of $33,486 with funding from City Garage Fund - Automotive (Account No. 501-3312-591-60.84). 4. Landscape Maintenance - N.E. 8th Street (N.E. 6th Avenue to A-i-A) and West Atlantic Avenue (Swinton Avenue to 1-95) - Tare Landscaping in the amount of $19,390 with funding from Beautification Trust Fund - Beautification Maintenance Contract (Account No. 119-4144-572-33.49). Recommend approval of the award of the above bids and contracts with funding as indicated. o. . M E M 0 RAN DUM TO: David T Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~ Administrative Services FROM: Ted Glas, Purchasing Officer II'J}" DATE: March 18, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MARCH 24, 1992 - BID AWARD - BID # 91-81 SUBMERSIBLE WASTEWATER PUMPS - TERM CONTRACT Item Before City Commission: The City Commission is requested to award a contract to low responsible bidder, Southeastern Pump Corporation, at an estimated annual cost of $25,000. Per the Finance Department, funding is from: ( ) . Background: The Environmental Services Department has need of an annual contract for submersible wastewater pumps. A total of $ was budgeted for pump replacements. Bids for these pumps were received on October 11, 1991 from four (4) vendors, all in accordance with City purchasing procedures. (Bid #91-81. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Deputy Director of Environmental Services/Public Utilities has reviewed the bids and recommends award to the second low bidder, Southeastern Pump Corporation, per attached memo. Because of problems with equipment furnished by the low bidder, Pump & Equipment Company, they are not being recommended. Recommendation: Staff recommends award to low responsible bidder, Southeastern Pump Corporation, at an estimated annual cost of $ 25,000. Funding as outlined above. Attachments: Tabulation of Bids Memo from Environmental Services pc George Abou-Jaoude o. MEMORANDUM TO: Ted Glas Purchasing Officer FROM: George Abou-Jaoude Deputy Director of Public utilities SUBJECT: BID #91-81 SUBMERSIBLE WASTEWATER PUMPS, ANNUAL CONTRACT DATE: March 17, 1992 Our division has reviewed the tabulations for the above referenced bid. The tabulations reflect five bidders. Pump & Equipment Co. was the lowest bidder. Our office is currently involved with Pump & Equipment Co. on three odor control units purchased several months ago. These units are not functioning as requested and Pump & Equipment Co. is not fulfilling their promises as highlighted in their bid. We are having a hard time communicating with Pump & Equipment representatives. We also investigated Pump & Equipment for past services with other clients. We found out that they were involved in legal disputes, five (5) court appearances in the past five (5) years mainly on KSB Pumps. The second low bidder is Southeastern Pump Corp. which sells Peabody Barnes Pumps. The City operates and maintains 107 lift stations. Seventy percent of these stations have Peabody Barnes pumps. After reviewing and discussing the prices with the bidders, we recommend award of bid for the annual contract for purchasing submersible wastewater pumps to Southeastern Pump Corp. The funding source will be from 441-5144-536-33.32 and will be ordered as needed. 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I-' : . .... :. . ..... : 0> -..0 . U> ..... > '" > N > ,.~ >'" '0 N Z > ..... > '" CIl -..0 CIl ...a CIl '" CIl 0> U> -- en ..... CIl '" CIl N en .... en en . '" :)0 > en rn '< 0 '< 0 '< 0 '< 0 l:- '< 0 '< a 0 0 0 0 0 0 a 0 0 I a ,. ~ w a t""" H ,. M t-oI- (tI =' ~"O ~ a. l"'t M M' en :'1) :~ ~ '1 t:l M .,. M' =:s .., 0.. 0 il l'tl (tI 1'1 (tl :ra.'1C'1"tl"<1 12' III n III III 0 . p,. cr 0 M t-')'Q r; .~ '< ....,.... III 3 o n rJ> < ~:::3 0 -::J .. '1 en ::l . 0 ::l .... a. ... o..nM'~-=::'n O(tlOM-a ~1.nt:;C~o'O en ~::S.." t-' g.. 0. ~ ~ I III .. '1 a. o. SEPCO FAX transmission: 407/243-3774 ~~ :'~(.\~;'1-t.'\~11 rl"4 fl\...MI' (,l)PII f ~.' t-l{ ,t~ f($},''': :T . !\{JULn[)A." i I J:~.{lrl -:,w,,';t/v 13')~1 :~. r'4{JO IJA..$C'\CIII.1:.l:ll:4.J, 1~H~) "M}{ IJ()f.>: q.:: ~~t~, J .1.1. '~rlrl' nil iJ4}'1 Mal-ch 18, 1992 City of Delray Beach Purchasing Office 100 N.W. 1st Avenue Delray B~ach FL 33444 Allen tion: Jackie Rooney Re: BID 1191-81 Dear Ma. Rooney: Please be advised that our company will hold the prices we offered you on the above ref~renccd bid for the Submersible Wastewater pumps which included Option A 6. B. If you have any questiuns and if I can be o~_~ny -further assistance, please call. _ - ./ ,:r;"e y ~rv!y yours, ./ .... j ~,/ . .' y~( "fir. - , I /,. L (t/ . f< ~~ ' VlaatoB I- OF' JV /pj ii 1~":~~=".f':"\(I\,'':''..._I~N '~ll~I;:_ I, '.,\.'..1" '.1''::'.1)' 1~"II'.A,'.; " M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~ Administrative Services FROM: Ted Glas, Purchasing Officer ~~r DATE: March 12, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MARCH 24, 1992 - PURCHASE AWARD FIRE SAFETY HOUSE TRAILER Item Before City Commission: The City Commission is requested to approve the sole source purchase of a fire safety house trailer to Serro Travel Trailer Company / trading as Scotty RV, at a cost of $22,488. plus approximately $934. for delivery. Per the Finance Department funding is from: ( ) . Background: Funds were placed in the FY 91-92 budget for a fire safety house trailer, for the purpose of educating children in fire safety skills through various "hands on" exercises and demonstrations, per attached literature. A total of $ 1S budgeted for this purchase. Serro Travel Trailer Company - Scotty RV is the only known supplier of this equ ipment. Three (3) other cities that purchased this trailer were contacted, and the price they paid is comparable to the price quoted to us, per attached documentation. Therefore the price is considered to be fair and reasonable. The Assistant Fire Chief has evaluated this purchase. and recommends purchasing the Scotty trailer, per attached memo. Recommendation: Staff recommends award to Serro Travel Tralier Company / trading as Scotty RV at a cost of $22,488. plus approximately $934. for delivery. Funding as outlined above. Attachments: Memo from Fire Department Documentation on Trailer pc Chief Koen '. CITY DF DELRA~~~~~ BEA[H n""t: r~EPA nTf>!r:r!T r' .' , . . I . t ~ , t ~ t ~...., 6-,,,".-.:1 . ~ r:~ , t \; f !....... - v- i M E M 0 RAN DUM TO: TED GLAS, PURCHASING OFFICER FROM: M. B. WIGDERSON, ASSISTANT FIRE CHIEF DATE: MARCH 2, 1992 SUBJECT: FIRE SAFETY TRAILER The Fire Department would like to purchase a 28 foot "fire safety house trailer" which is an educational tool used to demonstrate home safety protection to citizens of all ages. The cost of this trailer is $22,488. of which $11,000. is available in Line Item #001-2315-526-60.89. The balance of $11,488. is available in account number #115-0000-248-92.00 using the E.M.S. 50/50 Matching Grant of $11,000. with the remainder of $488. to be available from interest monies accumulated, according to Joe Safford, Director of Finance. There will be an additional charge for delivery of the trailer to our location. Based on a distance of 1167 miles from the factory to Delray Beach, the charges will be .80 per mile as an all inclusive charge for a total of $933.60. This money will be available from the Operational budget in Line Item 001-2315-526-35.15. The Scotty RV Corp. of Irwin, Pennsylvania is the sole source of this fire safety trailer with the innovative components such as heated doors and non-toxic artificial smoke which gives the effect of an actual fire, as well as demonstrations used for fire safety education. Attached you will find a copy of a letter from the ir attorney stating that they are the only manufacturer of a fire safety house in the United States. I have also attached a fuller explanation and description of the uses of the fire safety house. A form for the agenda request is included in this packet, along with Requisition Number 6661, which will await your approval for this purchase. If I can provide further information on this project please contact me at Extension 7414. //(:f)[ ~f/)./'~'\ / M. B. Wigderson Assistant Fire Chief MBW/mmh F IRE DEPARTME~H HEADDUARTE RS. 101 \!JEST ATLMJTIC AVENUE. DE LHA Y BEf\CH, r- LOH 11)/\ T31.;,; 407 '2437400. FAX 407/2654660 " I ,- t, .. i I , I ,- t . _ ,t . . - . . -- , ,- " --- - --~-._-_.__._~_..- -_.---~-~---- ._~-------- THE FIRE SAFETY HOUSE---WHAT IS IT? The Fire Safety House 1s a mobile, educational tool which is used by fire safety educators to graphically demonstrate to children and adults, through various "hands-on" exercises, what they need to do to successfully exit a burning building. This 28-foot travel trailer also focuses on actions children can take to prevent fires and burns in the first place. Included in the house design are a living room, kitchen, control room and a bedroom & bathroom on the second level. Ch1ldren go inside the Fire safety House to vis1t a simulated bedroom where firefighters can teach fire escape skills in a realist1c setting using electronically-operated smoke detectors and a non-toxic smoke which gives the effect of an actual fire. As the artificial smoke comes into the room, children learn the necessary actions they should take to get out of a butning building, The smoke vill be used strictly for dramatic effect and will be removed via the ventilation system once the effect has been achieved. This 1s to keep children from thinking they can safely breathe the smoke in an actual fire; what will be stressed is that the smoke and gases associated with many fires can kill qUicklY. Once outside the Fire Safety House, participants can practice the - STOP--DROP--AND ROLL - technique to put out any clothing fire. Children also learn to recognize that firefighters are their friends and that they should not be afraid of the dark masked figures that may come toward them in a real fire situation. In the living room, participants can learn f1replace and othet home heating safety tips. The visual centerpiece of this room is the fireplace in which firefighters spend quality time with children teaching heating safety measures. Also, other home safety measures can be demonstrated 1n this environment. The Fire Safety House can be displayed at the local indoor Shopping mall during the Christmas Season to remind hOliday Shoppers about potential home hazards. The living room can be decorated with hazards found 1n the home such as; unattended candles, over-loaded electrical outlets, lights left on the tree, cords running under rugs and accompanied by safety information. -. On the opposite'-elde ot- the lIving -:room rs a-YUI1-l3i2e~ kitchen. In the kitchen area, participants will hear tips on - ~. .....~..._.i'.'..~~~_......_~~~~_.. . ,. ..~--- - - -...--- -..---..-- ---- how to avoid cooking fires, burns from scalding tap water, microwave and stove safety and other general tips. The kitchen is equipped with a non-functional stove and oven, double stainless bowl 5ink (non-functional) and non-functional microwave. The Kitchen is designed in such a manner so it can also easily be toured by adults. On the second level i5 a bedroom or bathroom arrangement equipped with a heated door. On this level, children are instructed that in case of a fire, they should always feel a closed door before opening. Once the Fire Safety House fills with the non-toxic smoke, children are instructed to 'crawl- low' below the smoke and feel if the door is hot. If the door is hot, do not open. The children must find an alternative route of escape. with assistance, the children exit through a sliding glass window to a deck. One by one, the child escapes the house by use of the ladder extending from the second floor. The Fire Safety House w11l also be equipped with a 13,500 ETU roof-mounted air conditioner, 18' Deluxe roll-out awning, electric h1tch jack, frame mount stabi11zer jacks, battery pack, exterior light group and a TV door, TV Shelf and padded VCR shelf will be installed in the Control Room to house future equipment (no equipment provided). The Fire Safety House is 28 feet long, 12 feet high and 1s designed to be towed as a recreational vehicle. When the Fire Safety House was designed, the conceptual objective was to b~ing together aspects of a house on fi~e but built as a recreat10nal vehicle so it could easily be taken to schools, community events, hospitals, playgtounds and shopping centers. '. f.- t-' t~' I. I i .~ ~ t i '. ," t ~. I I It'. I ... 11 4_' , i r -i I ' ,-',\'.1 ..l. '. : - - -_.. .- -- -- ----. -.---. - -----.-, .------ . l .. ,'" STANDARD FEATURES FOR FIRE SAFETY HOUSE 1{ SOLID OAK FRAMING ON CABINET AND INTERIOR DOORS * ROSCO 1500 FOG MACHINE W/4" HEAT DUCT UL GRADE #1 .. HEATED DOOR: THERMAL COUPLE HEATING PAD OMRON E5cs-X TEMPERATURE CO~TROLLER '1/ NON-FUNCTIONAL LOG-LIGHT FIREPLACE WITH INSERT BY NICKOS CHIMNEY PRODUCTS 'II CLEAR OPTICAL LENS 12 VOLT LIGHTING . >It AUTOMATIC CHANGE OVER FROM 110-12 VOLT POWER CONVERTER - 45 AMP MAGNATECH CONVERTER 'II BRIGHT VIN~L CLAD INTERIOR WAtLS AND CABINET CONSTRUCTION - 'II CARPETING ON FIRST AND SECOND LEVEL FLOOR, STAIRS ANO BENCHES " A MASTER-WELDER FABRICATED TUBULAR STRUCTURAL STEEL FLEX- FRAME, ENTIRELY UNDERCOATED It DUAL SAFETY CHAINS, BATTER~ RACK, SKID BARS AND A WIDE ENTRANCE STEP. * A DROP SUSPENSION FOR A LOWERED PROFILE AND ~.EROD~NAMIC FRONT 'II 4" DROP TANDEM AXLES THAT ARE SPREAD WIDE APA.RT TO PERMIT BETTER WEIGHT DISTRIBUTION AND TOWING STABILITY * 3500 LB AXLE ( 68 1/2 SPRING CENTER, 64" TRAK) W/2 1500 LB SPRINGS * 10 II ELECTRIC BRAKES ON EACH HUB * ALL CAVITIES ARE FULL~ INSULATED WITH 1 1/2" OWENS CORNING PINK (R FACTOR 5) INSULATION AND POLYMAX ENCLOSES THE UNDERBELLY AND WRAPS OVER THE FRONT AND SIDES OF THE FLOOR DECK * GALVANIZED WHEEL WELLS, FULLY UNDERCOATED 'It A WIDE 30~ ENTRANCE DOOR WITH SCREEN AND DEADBOLT LOCK * A 28 1/4" LIVING ROOM ENTRANCE DOOR WITH SCREgN AND DEAOSOLT LOCK 'It .024 GAUGE ALUMINUM SIDING IN POLAR WHITE .. I r~ f-i '.' L.. I j l t ~ . I . _ ~ _1 .~. - ---. ---'- ---- ._"~~.-..~- .~,,' ...... ~. ,. .~ " 1( ,Ol~ SEAMLESS, l-PIECE, ALUMINUM MAINTENANCe~FREE ROOF ON TAPERED ROOF RAFTERS, OV~RLAPS THE SIDE WAL~S, FRONT AND aACK "" FULL-LENGTH RAIN GUTTERS ON BOTH SIDES OF OJACH * NON-FUNCTIONAL SPRINKLER SYSTEM * ROOF VENTILATION SYSTEM CONSISTS OF 3-VENTLINE MODEL ARCTIC AI~ Vi-50S POWER VENTS I * SOUTHERN VEHICLE PRODUCTS ROTATING EMERGENC~ LIGHT ON ROOF * 2 ONE-WAY OBSERVATION PORTS IN CONTROL ROOM * CONTROL ROOM PANEL BOARD '* A NON-FUNCTIONAL RANGE, DOUBLE STAINLESS STEEL SINKi NON- FUNCTIONAL MICROWAVE 'It LIVING ROOM MINI-SLINDS WITH VALANCES * LEVITON GROUND FAULT CIRCUIT INTERRUPTER DUPLEX RECEPTACLE S'tSTEM '* 110V FIREX SMOKE ALARMS ()) * FIRE EXTINGUISHER WITH BRACKET '* 4 - ALL-SEASON, STEEL 2ELTED RADIALS . . . , . . -- -- .. .--.....--.... ~ ~ ~ OPEN AIRWAYS . . -. ,.- .-.,...-. ,.- I. . . . . . . . . , t . . . . . . . ft' . . . . , . . . . . . . . . . , . , , , , , . . . . , . . , . . ' . . . . I I . . . . . I . . I . . . . . fr()nt ()f h~r, Firetightf'11l arrived minutes ing tel,~ision monitors. The house al~o later and extinguisht!d the fire. which contair s other lifesaving devices such as c(>nsumed all Q( the b<.'droom where thl: smoke detectors. fire extln,iUishi:rs and children had been. an esc,lpe chain ladder from the "second . . , , t I . . . . , , , , , . . .. . . . . . , fortunalely. Octavia had learn~ tht! story bedroom." ~ vital Ii(esaving techniQults when the The Fire Safety House the Winuer able to afford them and providing par. THE FIRE SAFETY HOUSE ents of ea<.:h ntlwborn infant with a free bath thcrmometer to make sure parent$ ,. don't inadvertantly burn th~ir infants whilt~ bathing th~m. ~~ ,. ~- With thl' aid o( a tt!aching tOQI such ~ I. n ~ as tht' Fire Safety House, children learn {i " ~ , I how 10 crawl underneath the deadty ': ~'f loxic :.-lmokc and sUpt'rheatl,.'d air during ::;;t:':...~.. fire', ",<y al~lle"'n 10 a..ld o..nin, ~- ~f:- '-- hot doo,", lookin~ for two exlts out 01 ~ " , , __ t!wry mom and how to have a pre-deter. . ,,~,.. _" JI!L" .s-":: " '. "__ min"" m~Un. pia<... w;!h family mem.' 'iCl~' --. -"" ' .. ""'.. .. bfl"S outsld~ 0{ the home. ~ '..; :.-:-- .~' Anntht'r part of the training is to I 1: - . . ---- ~. .- ~ have the children realize that fire" III . .. f _______ !ighterll are their (riends and th~y should not run and hide from the dark Winder fire Department visited her Fire D,!partment used was donated to figure that may com~ toward them in an al:tual fire. Head Start Class during' fire prevention the Gl~orgia Fire Academy by tht! For more information on how your week. But la$t year they brought some- Georgh Firefighters Burn Foundation. community can obtain a Fire Safety thing neW-8 mobile classroom called The Foundation paid (or the unit by col. Hou:;e, call (800)783.0213 or write to: the Fire SafetY House, The Fire Safety lecting aluminum cans ior recycling Fire Safety House, PO Box 83, Wendel, House is a hands-on learning tool that through the Alcoa Aluminum Company's PA 15691. -Timothy Sr:ymaWti prepares children for the unexpected "Alumbum Cans (or Burned Children" ....... experienc~ of a fire by allowing them to program. The cost of the Fire Safety practice certain life. House varies with l!nving procedures. options. but ranges Mobile Safety Some of the proce. between 519,000 and dures that are taught $25.000, Georgia's House Saves Life ar@: how to "'Swim in Fire Safety House smoke." to feel the travels to all parts of A;Wo-ytar-Old girl is aliv~ today thanks dMr ~fore YOll open the state and the pro- tl> the erfort~ of her Quick thinking it. how to use an gram is tCluiht by our.year-old ~ister, thl;' Winder Fire escape! ladder, and state fire ::lafety edu. Department. and the Georgia Fire what a smoke detec. cators from the A<:<ld(.>nJY'l' Fire Saiety HouSt!. tor sounds like and Academy when La~t year. Octavia Harrill and her lit. how to react when requested. tll;' :silit(.>r. Jasmine, then 1, were watch. you hear one. The Fire Safety in1{ TV in their babysitter's home out. Built on a travei Hou~e was taken to side of Winder, Ga., when suddenly the trailer frame by Scotty Octavia's school as televi:linn they were watching 'Started to RV of Irwin. Pa.. the part of the annual fire sllloke, O<:tilvia qukkly ran to th~ Fir!! Safety House is prevention program kitchen to alert the babY$itter, con.fi~red like a min. o! the Winder Fire When they returned seconds later. iature house with the Department. The de. the: room had filled with a thi<:k gray rooms of a home partment is consid. smoke. Jasmine was nowhere in sight. where {ire is most ered by many to ha....e Without hesitating, Octavia dropp~d to likely to occur: the one of the best fire h,'f kn(!es, crawled along thlt floor under kitchen, living room. prevention prograr:'.$ the smoke and found the frightened tod. b~droom and bath. in the state, In addi. dlt-r. Ry sliclinl{ on thdr bellies. O<.:tavia ronm. 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III <D~. ~ ~ III !e ~ - iil m:Dx~ro .. ~ O>~ ms: ;:0' Q~ - g:n ~ - Q.Ql~2<D~' 0 ...... :DS:gJmQm __ <D OlD 0 Q.!D 0" C" 1ll3<D!l~1ll 8~5~~o 3 ~ ~ ~ C" ~ <D <D' -. n ~ ~~ ~ III - 0 <D = ~- 000. S:0:D,,(")~ Q . < {l::; ~ ~ a<D ~~3 gocc>:;o~ !D <D 0" - ~ <D~ O<DO ~<: to~c;')~~:D iil n i" <D <D~' ::':liil ~en~ :I:} 0. ~ -. ~ <D 0 <D . c: IC _- ~~<D :I: ~ c;') c... (") o- S ~ a- Ql~ lCo~ " ~!;E:D f;~:. 0. ~ c: = . ~ _ <D 0. n~ CD~IC > ocO :;O;c;') '" .... .... iii" <Do. ~ X S:NC m III C" - <D 1ll><D (") gJ "'0 .. :: S ::l. !11. n ~ 3:= <D -< C" <D 0 0. -. ~ Oc... iil So l' III ~ :tl !:l. .... s:> III _. _ <D I\) to(") o ~ g <D ~ ""- -:;0; < 0. ~ 3 = CD Zen ~ ~ ~ e!. i 01 ~ III Ql 0. 3. ~ Co) 5 ~ ~ <D - . Z ~ ~ ~ - Co) _ III 0 CD ~ ~ < CD <D n 0 0 !D - -n ~ . :rJ l. :J: m ~ CIi I ::t- O 0 -I I 11 en ,.... ~ t ;:. c: :J: .. )> C ~ en m I -n ~ m ~ . m I 11 -I -< 'I M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~ Administrative Services FROM: Ted Glas, Purchasing Officer /1>7 DATE: March 16, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MARCH 24, 1992 - PURCHASING AWARD ONE - TON TRUCKS Item Before City Commission: The City Commission is requested to award a contract to Duvall Ford for two (2) one-ton trucks for the Streets Division, at a total cost of $33,486. 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. One-ton trucks are available via Florida State Contract as listed on attached work sheets. The Fleet Maintenance Superintendent has reviewed the contract and recommends award. Recommendation: Staff recommends award of two (2) one-ton trucks to Duvall Ford, at a total cost of $33,486. Funding as outlined above. Attachments: Memo from Fleet Superintendent Contract Work Sheets pc Richard Corwin Jerry Rude -- ,. [IT' DF DELHA' BEA[H 100 N W 1s~ AVENUE DELHA'y eE;.,;H ,cL(~n!D;' 33444 407 '='4,~ 7CJCI,] MEMORANDUM To: Bob Barcinski, Assistant City Manager From: Jerry Rude, Fleet superintendent~~ Subject: One Ton Truck Replacement Date: March 19, 1992 Per my conversation with Ted Glas on March 19, 1992 regarding the truck replacement information: 1. Vehicle 11654 is a 1984 Ford one ton dump truck with approximately seventy five thousand (75,000) miles on the odometer. In the time period from October 1988, through October 1991, we have spent approximately $12,000 for repairs. This vehicle is subject to constant starting and stopping. This vehicle has a standard transmission and it will be replaced with and automatic. 2. Vehicle 11653 is a 1969 Chevy C-50 dump truck with fifty eight thousand (58,000) miles. The past three years repairs expenses total approximately $5,000.00; however, this vehicle has become unreliable because of age and would be replaced with a smaller one ton dump truck, that would be less expensive to operate and maintain. These two (2) vehicles will be replaced with two (2) one ton dump trucks for the Streets Department. If any further information is required, please contact me at Extension 7332. JR/dk cc: Richard Corwin, Deputy Director of ES/PW Memos to Assistant City Manager's Office JR0319M THE EFFORT ALWA YS MATTERS 'f MEMORANDUM To: Ted Glas,Purchasing Director From: Jerry Rude, Fleet Superintendent ~ Subject: Truck Replacement Date: March 6, 1992 Please find enclosed, two (2) One Ton Ford trucks for 1992, to replace two (2) trucks for the Street Department. (2) 1992 - Ford One Ton Trucks (2 - Streets Department) Funding available is $107,826.42 (2) 1992 Ford One Ton Trucks 33,486.00 Remaining Funding - $ 74,340.42 JR/ dk cc: Richard Corwin, Deputy Director of ES/PW File: Memos to Purchasing JR0309M Encs: (2) ,. STATE OF FLORIDA CONTRACT # 070-600-010 (6) 1992 - Ford One Ton Truck (4X2) Dealer - Duvall Ford, Jacksonville Price $11 ,011. 00 Options: #1002 - 7.3L Diesel 1,300.00 #2001 - Auto Transmission 3 speed 696.00 #5001 - Air Conditioning 660.00 #5007 - Rain Shields 36.00 #6001 - Painted West Coast Mirrors 67.00 #8007 - 9' Stake & Platform Body 1,440.00 #8010 - Delete Side & Rear Stakes (200.00) #9906 - 2 Cubic Yard Dump/Electric Hoist 1,703.00 Total 16,913.00 - (200.00) Total Unit Price 16,713.00 Total Cost 1 Truck 16,713.00 (1 - Streets Department) o. STATE OF FLORIDA CONfRACT # 070-600-010 (6) 1992 - Ford One Ton Truck (4X2) Dealer - Duvall Ford, Jacksonville Price $11,011.00 Options: #1002 - 7.3L Diesel 1,300.00 #2001 - Auto Transmission 3 speed 696.00 #5001 - Air Conditioning 660.00 #5007 - Rain Shields 36.00 #6001 - Painted West Coast Mirrors 67.00 1/8008 - 12' Stake & Platform Body 1,600.00 #8010 - Delete Side & Rear Stakes (300.00) #9906 - 2 Cubic Yard Dump/Electric Hoist 1,703.00 Total 17,073.00 - (300.00) - Credit Total Unit Price 16,773.00 Total Cost 1 Truck 16,773.00 (1 - Streets Department) ,. M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~ Administrative Services FROM: Ted Glas, Purchasing Officer !f/7 DATE: March 17, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING- MARCH 24, 1992 - BID AWARD - BID # 92-22 LANDSCAPE MAINTENANCE SERVICE CONTRACT Item Before City Commission: The City Commission is requested to award an annual contract for landscape maintenance service for sites as listed below to low bidder, Tare Landscape, at an annual cost of $19,390. Per the Finance Department, funding is from: ( ) . Background: Funds were allocated in the FY 91-92 budget for this service. A total of $ is budgeted. Area of Service: Area #1 - N.E. 8th Street (Between N.E. 6th Ave. & A-i-A) Area #2 - West Atlantic Avenue (Between Swinton Ave. & 1-95) Maintenance service consists of mowing, trimming, weed control, pruning, litter control and chemical application. Bids for this contract were received on March 3, 1992 from six (6) contractors, all in accordance with City purchasing procedures. (Bid #92-22. Documentation on file in the Purchasing Office). A tabulation of bids is attached for your review. The Director of Parks & Recreation has reviewed the bids and recommends award to the low bidder, Tare Landscape, per attached memo. Recommendation: Staff recommends award to low bidder, Tare Landscape, at an annual cost of $19,390. Funding as outlined above. Attachments: Tabulation of Bids Memo from Parks & Recreation pc Joe Weldon '. MEMORANDUM TO: Ted Glas Purchasing Director FROM: Joe Weldon Director of Parks & Recreation SUBJECT: LANDSCAPE MAINTENANCE - N.E. 8TH STREET AND WEST ATLANTIC DATE: March 16, 1992 Attached please find a spread sheet for landscape maintenance of NE 8th Street and West Atlantic Ave. Bids were opened on March 3, 1992 (Bid # 92-22) 6 bids were received. The apparent low bidder for the combined areas is Tare Landscaping in the amount of $19,390. A check of three(3) of the references given by Tare Landscaping indicated they were satisfied with his performance. I recommend the contract be awarded to Tare Landscaping in the amount of $19,390 and charged to account # 119-4144-572-33.~. ~ Y' ~: I 'i Q " '. ! "--__' , ,_/ . \: . r"_-,. ,,,.-#"....r,_...-"'" Jo~ ~eldon D~rector of Parks & Recreation \ , JW:giv cc: Allison Macgregor Harty City Clerk REF: TGLAS2.DOC C'l c:o ~ ~ Ul . '" N ~!.l> .... :I :Xl ' ,:Xl .-1 I> I> 0 "'" ,-,. ..... ':j 10 ... ~a.(')t1l>>0 0 0 (') t1 l>> 0 0 0 O;/TI rT1 :Xl % . . I> :I (') 0 J: ::l ::l ::l ::l ::l ::l N . ... ... N N .. CrT1 -I '" '" . N N ....... ... ................................... N . ~ N N N N .,.... -IUl 0 0 l>> l>> l>> l>> l>> l>> ~ -<-I '" -I . I> :I Ul 1J Ul Ul Ul -I -I 0"" Ul (') '""".... , I> -I Ul1J z: rTI :IiZ , C J: I> J: -l -I C C........J:-IJ: H:Xl .... 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VI ... - :; ... .... III "C1 ... ~;'l;';- VI ? "" c "" VI .... ~ ';C1~I'eCl C .... VI . C " ~~g,i . 8 c . 8 8 ... "1 Ill.. n 8 c 8 8 .. .. 1'4 "'tnCl"l~ C C ..... ~!,""l g?a. ~l;'~a. ...... :.. ::r ...... ... .. i:1. 8: .. Ct. Oll ... " ~~ n """ " ... CI /I -Ct. ... /I = = III ... OJ :' ~~ ... .. ... .. ... ... ... .. ~i . l;'~ III '" III '" ... - - ... ... "'Cl 'U.... 'U VI VI g C .... VI ... III III g,i 'U c 'U C . C VI It llII JQ .... . .... . 8 g g ~ ;: /I i :;' :::-8 :::-8 8 g !II :.. ~ .... Ct. . III ""Oll ...It ... " ::r -It ... ... Cl. Q n Q n CI ::r CI ::r .. ., I ~ .' . CITY OF DEL RAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - MARCH 24, 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS ADDENDUM NO. 1 THE CONSENT AGENDA IS AMENDED TO INCLUDE: P. RATIFICATION OF CONTRACT FOR SALE. Ratify the Contract for Sale of Tract "E", Sherwood Park, to Mr. and Mrs. Richard Malooley for $2,500.00. Terms of the sale have been previously approved by the Commission on January 14, 1992. Q. APPROVAL OF SETTLEMENT. Approve settlement of City of Delray Beach vs. Gary, et al, relative to acquisition of Fire Station #1 property. City Attorney recommends approval set on the value of Parcel 17 with the owner, Mrs. Ival Lowe, in the amount of $26,000.00. ., , [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 FACSI!\lJLE 407/278-4755 Wit Iii r er s D rect L ne (407) 243-7092 MEMORANDUM Date: March 24, 1992 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Contract for Sale and Purchase Park; Our File #02-92.002 This item will be added to your consent agenda of March 24, 1992. This is the sale to Mr. and Mrs. Malooley of the property adjacent to theirs in Sherwood Park. The terms of this agreement had been approved by the Commission at a previous meeting. The Malooleys have now executed the contract which calls for payment to the City of $2,500.00 in exchange for a quit-claim deed to the property. There is also a requirement that a unity of title be executed at the time of closing and that all expenses be borne by the buyer. The contract was returned to our office on March 20th. It is the hope of the parties to close by March 31st and I am therefore placing the form of the contract on your agenda for consideration at this time. JSK: jw cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Nancy Davila, Horticulturist/Special Project Coordinator David Kovacs, Director of Planning and Zoning Joe Safford, Director of Finance sherwood.jsk CZ, P. 'I -~'- ~- _. --. "~"'.'---'~""""'---"-'-~''''''.''"''.- . .. .- CONTRACT FOR SALE AND PURCHASE COMES NOW, the City of Delray Beach, a municipal corporation in the State of Florida (hereinafter referred to as Seller) , and Richard Malooley and ~t+~ ~..e fllc..loole i , his wife ,J ,r~~~}j_"t (hereinafter referred to as Buyer) , of Palm Beach ~ County, Florida, and do agree that the Seller shall sell and the Buyer shall buy the following real property upon the following terms and conditions: 1. The legal description of the property to be conveyed which is located in Palm Beach County, Florida is as follows: Tract E, Sherwood Park, according to the plat ther~of recorded in Plat Book 26, Page 187 of the Public Records of Palm Beach ___County, Florida. 2. Purchase Price. The Buyer shall pay the Seller Two Thousand Five Hundred Dollars ($2,500.00) which shall be payable as follows: $500.00 at the time 0 f Buyer's execution of the contract and $2,000.00 at the time of closing. Payment of the monies at closing shall be in the form of United States cash, locally drawn certified or cashier's check. 3. Time for Acceptance; Effective Date. If this offer is not executed by and del~vered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or - the before , deposit(s) will, at Buyer's option, be returned to Buyer and the offer with- drawn. The date of this Contract ("Effective Date" ) will be 1 ,. ., ~-'--.-.'._'-~ ------..-----.-.- -------.-- - the date when the last one of the Buyer and the Seller has signed this offer. 4. Closing Date. This transaction shall be closed and the deed and other closing papers delivered on March 31, 1992, unless extended by other provisions of this Contract. 5. Restrictions; Easements; Limitations. Buyer shall take title subject to: zoning, restrictions, prohibi- tions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements. 6. Typewritten or Handwritten Provisions. Type- written or handwritten provisions shall control all printed provisions of Contract in conflict with them. ---7. Assignability. Buyer may not assign this Contract. 8. Evidence of Title. Seller is making no warran- ties with respect to condition or marketability of title. 9. Survey. Buyer, at Buyer's expense, shall provide Seller with a copy of the survey on the property. 10. Place of Closing. The closing shall be held in the Office of the City Attorney, 200 N.W. 1st Avenue, Delray Beach, Florida 33444. 1I. pocuments for Closing. Seller shall furnish the deed and Buyer shall furnish a closing statement. . 12. Expenses. Documentary stamps on the deed and the recording of any corrective instruments shall be paid by 2 ., .. ~ ... ~~- ^'...~. ,., ... -. ..... ~ " " Buyer. Any other expenses associated with this agreement shall be borne by the Buyer. 13. Closing Procedure. The deed shall be recorded upon a clearance of funds. , . 14. Attorney's Fees, Costs. In any litigation arising out of the Contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 15. Failure of Performance. If Buyer fails to perform this Contract within the time specified (including paYment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution ,of this Contract and in full settlement of any claims; whereupon, Buyer and Sell~shall be relieved of all obligations under' Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. 16. Other Agreements. No prior or present agreements or ~epresentations shall be binding upon Buyer or Seller unless included in this Contract. No modification or . change in this Contract shall be valid or binding upon the 3 ., .. . -, " parties unless in writing and executed by the party or parties intended to be bound by it. 17. Conveyance. Seller shall convey the property by way of Quit-Claim Deed s~bject to an easement for any utilities that may exist and lie on the property. 18. Warranties. Seller makes no warranties to the Buyer. 19. Unity of Title at the time of closing, Buyer shall execute a unity of title prohibiting the alienation of Tract E other than in conjunction with the East 125' of Lot 12, Block 2 of Sherwood Park, according to the plat thereof, recorded in Plat Book 26, page 187 of the Public Records of I Palm Beach County, Florida. I ---20. Landscaping. Prior to the time of closing, Buyer shall submit to Seller a landscaping plan for the property. Such landscaping plan shall be acceptable to the Seller. Buyer shall implement said plan within one year of the ,~ date of closing and maintain such landscaping in place for at least three years after the date of closing. In the event Buyer shall fail to implement or maintain such landscaping improvements, the property shall revert to the Seller. Prior to the reverter provision taking effect, the Seller shall give Buyer,or their successors in interest, notice of the deficiency and at least ninety (90) days to cure said deficiency. 2I. Real Estate Commissions. Each party represents to the other that no real estate broker has been employed or 4 ., .. , j " I 1 I 1 i utilized in this transaction or in procuring in introducing j City to the property. Each party agrees to indemnify and hold the other harmless from any claims and demands of any real estate broker, sales p~rson or other person claiming entitle- j ment to a fee or commission including costs and attorneys' fees in resisting such claims in the event of litigation at trial and on appeal. IN WITNESS WHEREOF, the parties have entered into this Contract on this day of , 1992. SELLER ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and legal s~iciency: City Attorney ~ ~/ By: r;&Jh ~-'77l ,,~ 'VI' s , STATE OF 'F~ COUNTY OF P~~L The foregoing instrument was acknowledged before me this /6 day of In&<..v/...- , /~9~ by ZJ~yd . !hit ~~ and ~l-II< ~ ~ (name of persons acknowledged), who are personally known to me or 5 ., . , , ' , ~ . have produced -y,t.i up(l. ~ -(~ (type of identification) as identification not) take an oath. ...... e of Person Taking ledgment f!(~tk"U. Hi J(~tt;EL _ Name of Acknowledger Typed; Printed or Stamped malooley.agt Notary P".:bllc State of Rorlda at Large My Commission Expires: AUlust 1,1995 -- --- " ~ ,,- - r 6 ., - . \ CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - MARCH 24, 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS ADDENDUM NO. 1 THE CONSENT AGENDA IS AMENDED TO INCLUDE: P. RATIFICATION OF CONTRACT FOR SALE. Ratify the Contract for Sale of Tract "E", Sherwood Park, to Mr. and Mrs. Richard Malooley for $2,500.00. Terms of ~~e sale have been previously approved by the Commission on January 14, 1992. Q. APPROVAL OF SETTLEMENT. Approve settlement of City of Delray Beach vs. Gary, et al, relative to acquisition of Fire Station #1 property. City Attorney recommends approval set on the value of Parcel 17 with the owner, Mrs. Ival Lowe, in the amount of $26,000.00. .. - [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line (407) 243-7092 MEMORANDUM Date: March 24, 1992 To: City Commission , From: Jeffrey S. Kurtz, City Attorney, Subject: City of Delray Beach v. Gary, e l. , Acquisition of Fire Station No. 1 Property - Pr posed Settlement for Parcel 17 This item is being placed on the City Commission's consent agenda in order to facilitate the acceptance of a proposed offer to settle the amount to be paid to Mrs. Ival Lowe in the above-referenced matter. Parcel 17 was appraised at $24,000. The owner of the property has indicated a willingness to settle for $26,000.00. It is my recommendation to the City Commission that such settlement be accepted as the expenditure of additional attorney's fees, appraisal fees and costs will exceed that $2,000.00 amount. There is one remaining parcel that the City has not settled with the owner as to the appropriate value. That is, Mrs. Althea Blakely's parcel on which the gas station used to sit. The trial on the valuation of the properties is currently set in June and at your next meeting, it would be anticipated that unless a reasonable settlement offer is received from Mrs. Blakely, I would recommend that an offer of judgment be made on that parcel. JSK: jw cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Joe Safford, Director of Finance David Kovacs, Director of Planning and Zoning Rob Taylor, Assistant City Engineer parce117.jsk g. c;; . '1 ,. . - ~~~~. p6 - ~ , ~lf1 P'Ji>> ~Jl- 1,~lqJ' MEMORANDUM ~bt1 bfH TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERv~N~ SUBJECT: AGENDA ITEM * 9' A - MEETING OF MARCH 24, 1992 REPORT OF APPEALABLE LAND USE ITEMS DATE: March 20, 1992 This item is before you for acceptance of the report of decisions made by the various development related boards during the period March 7, 1992 through March 20, 1992, The following actions were considered during this reporting period: Planning and Zoning Board: -Approved a minor master plan modification which reduced the side interior setback from 15 feet to 10 feet on specific lots in the Windy Creek Subdivision. Site Plan Review and Appearance Board: -Approved the site plan (4-2 vote) , landscape plan and architectural elevations (6-0 vote) , in conjunction with the construction of a 82 space parking lot for Executive Motors; waived the sidewalk requirement along Avenue G, Avenue F and Federal Highway (4-2 vote) ; recommended approval of the request to defer installation of 25 foot landscape strip along Federal Highway; and recommended approval of the request to reduce the perimeter landscape strip along the east property line from five (5 ) feet to two (2) feet, -Approved the final landscape plan in conjunction with as-built modifications for the Drug Abuse Foundation Residential Campus. Historic Preservation Board: -Approved the landscape plan, architectural elevations and Certificate of Appropriateness for the Patio Shoppes; approved the site plan, variance requests, and waivers (4-1 vote) , -Approved the architectural elevation plans and granted a Certificate of Appropriateness for the Renaissance Dental Studio. A detailed staff report is attached as backup material for this item, ., ,'f...' - (7,-,) C I T Y COM MIS SID N DOC U MEN TAT ION TO: GS~:~:l::AGER THRU: D J. KOVACS, DIRE DEPARTMENT OF PLANNING AND ZONING FROM: trJl~~ aL JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF MARCH 24, 1992 REPORT OF APPEALABLE LAND USE ITEMS MARCH 7, 1992 THRU MARCH 20, 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 March 7, 1992, through March 20, 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 pro v ides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. ., - City Commission Documentation Report of Appealable Land Use Items March 7, 1992 thru March 20, 1992 Page 2 PLANNING AND ZONING BOARD MEETING OF MARCH 20, 1992 1- Approved minor master plan modification in conjunction with a request for internal adjustments at the Windy Creek Subdivision, located on the north side of West Atlantic Avenue, between High Point Boulevard and Barwick Road. The request involved a reduction to the side interior setback from 15' to 10' on specific lots (Vote 7 to 0). No other appealable items were considered by the Planning and Zoning Board. The following items considered by the Board will be forwarded to the City Commission as separate agenda items. * Plan Amendment 92-1; Future Land Use Map Amendments; Associated Rezonings; Policy and Text Amendments (Action continued to a Special Meeting to be held on March 26, 1992) . * Rezoning, from R-1-A to CF (City Owned Property at N.W. 8th Avenue and Martin Luther King, Jr. Boulevard, American Legion Facilities). * Conditional Use Request for a Veterinary Clinic in the PC Zoning District at the Landis Professional Plaza, northwest corner of Lowson Boulevard and Congress Avenue. * Conditional Use Request for a Child Care Facility in the R-1A Zoning District - Little Lee Christian Academy, located on the west side of SW 13th Avenue, south of SW 2nd Street. * Annexation and initial zoning of MH, Highland Trailer Park Subdivision, * Final Plat for Amoco Oil Company, located at the northeast corner of West Atlantic Avenue and NW 8th Avenue. * Review and Comment on Palm Beach County Future Land Use Map Amendments, Their Amendment 92-1. SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF MARCH 18, 1992: A. Approved the site plan (4 to 2 vote) , landscape plan and architectural elevations (6 to 0 vote), in conjunction with the construction of a 82 space parking lot, associated landscape improvements and approval of an existing sales trailer for Executive Motors located on the west side of Federal Highway between Avenues F and G. Concurrently, the Board waived the sidewalk requirement along Avenues G and F and Federal Highway (Vote 4 to 2). ., ~ City Commission Documentation Report of Appealable Land Use Items March 7, 1992 thru March 20, 1992 Page 3 In addition the Board recommended to the City Commission: - deferral of the provision of a 25' landscape strip along Federal Highway until the widening of Federal Highway or the completion of Phase II of the development; - reduction in the perimeter landscape strip along the east property line from 5' to 2' i B. Approved the final landscape plan in conjunction with as-built modifications for Drug Abuse Foundation Residential Campus, located at the southwest corner of Swinton Avenue and SE 4th Street (Vote 6 to 0). No appealable items were considered by the Board. However, other agenda items which required Board action include: * Approved business sign for Avalanche Bar & Grill, located at 1942 South Federal Highway. . * Approved (with conditions) business sign for Foreign Car Engineering, located at 75 North Congress Avenue. * Approved (with conditions) the Master Sign program for Shoney's, located at 969 SE 5th Avenue. HISTORIC PRESERVATION BOARD MEETING OF MARCH 18, 1992 X. While the Board unanimously approved the landscape plan, architectural elevations and Certificate of Appropriateness for the Patio Shoppes, the site plan and variance requests were approved on a 4 to 1 vote (Miller dissenting) . The Patio Shoppes is located at the southwest corner of Palm Square and Atlantic Avenue. The development proposal is to allow the construction of 11,736 sq. ft. of offices, retail and restaurant uses. The Board's action was conditioned with the caveat that all the approvals granted are subject to any conditions imposed the City Commission with regard to the closure of Palm Square. The following lists the variances and waivers approved by the Board: - a variance request from Section 4.4.21{H) to reduce the landscape setback from 10' to 5' along the east property line. - a variance request from Section 4.6.4{E) to reduce the setback from 10' to 8' along the west property line and from 10' to 5' along the east property line. - a waiver request to reduce the right-of-way requirement from 60' to 40'. .. . . City Commission Documentation Report of Appealable Land Use Items March 7, 1992 thru March 20, 1992 Page 4 - waiver requests to reduce the sidewalk width from S'to 4' ; and eliminate the sidewalk from the edge of the parking lot to the south property line. - a waiver request to reduce the required landscape strip from 5' to 4' along the west property line adjacent to the north parking lot. Y. Approved the architectural elevation plans and granted a Certificate of Appropriateness for Renaissance Dental Studio, located at the northeast corner of NE 2nd Avenue and 5th Street (Vote 5 to 0). No other appealable items were considered by the Board. However, the following agenda item required Board action: * Certificate of Appropriateness request for perimeter fencing for a single family dwelling at 310 N. Swinton Avenue. RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Map JA/#6S/CCDOCM.TXT .. . . . LOCA nON "'AP FOR CITY CO......,SS,ON ...EETING OF MARCH 24, 1992 L-30 CANAL LAkE IDA IKWl I ... I ~ CD SW2ST ~ ~@ ~ ~ 10 -.t ~ a 2 I VI LOWSON IOULEVARD I :a UNTON BOUlEVARD i L-31 CANAL N CITY OF DELRAY BEACH, FLORIDA P. c!c Z. ITEMS: H.P.B. ITEMS: S.P,R.A.B. ITEMS: " - WINDY CREEK X. - PATIO SHOPPES A, - EXECUTIVE WOTORS Y. - RENAISSANCE 8, - DRUG ABUSE RESIDENTIAL DENTAL STUDIO TREATMENT CAMPUS ., ' ' " . ~t cIvruLd 3-!:dr2 ()6fL (brnIJOI-PH f- mOUuJ MEMORANDUM d, 55 En771?9 ) TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tlf/1 , SUBJECT: AGENDA ITEM # Cfc.. - MEETING OF MARCH 24, 1992 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION SAVINGS OF AMERICA DATE: March 20, 1992 We have received an appeal of a Site Plan Review and Appearance Board decision denying a sign modification for Savings of American located at 1640 S, Federal Highway in the Delray Beach Mall. On January 3, 1992, Savings of American submitted a sign application to remove the existing non-conforming signage located on the south side of the Mall and to install a new sign on the east side of the Mall, next to the existing "shield" logo for Savings of American. The area of the proposed sign is 150,17 feet, with 18 inch (lower case) and 24 inch (upper case) bronze channel letters. At their February 19, 1992 the Site Plan Review and Appearance Board reviewed the proposed sign for Savings of America and recommended that the sign be red instead of bronze, and that the lettering be reduced to 14 and 20 inches, respectively. Based on the disapproval of the sign as originally proposed, an appeal has been filed, The basis of the appeal is that the proposed sign is within the scale as set forth in LDR Section 4.6,7(E)j that the proposed sign is not garish and complements the color of the Mallj and, that the proposed sign does not conflict with other signs located in the Mall. A detailed letter of appeal is attached as backup material for this item, " ., , , , . Agenda I tern No.: AGENDA REQUEST Date: 3/18/92 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: 3/24/92 Descri~tion of agenda item (who, what, where, how much): ign Waiver Request from Savings of America 1500 S Federal Highway Waiver SPRAB's decision regarding size and color of flat wall si~n ORDINANCE/ RESOLUTION REQUIRED: YEsB Draft Attached: Recommendation: r,nmmi~~inn Arrinn ~~ " Department Head Signature: --- I Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: @/ NO M Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .. " . MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT SUBJECT: SIGN CODE WAIVER SAVINGS OF AMERICA -- - DATE: MARCH 18, 1992 ITEM BEFORE THE COMMISSION: - Commission consideration of a waiver request from Site Plan and Review Boards aesthetic determination regarding the size and color of a flat wall sign. BACKGROUND: Savings of America, 1500 S. Federal Hwy., which is located in the strip stores adjoining Publix at the Delray Mall, is requesting a flat wall sign for the east elevation of the building which faces Federal Highway. The applicant is requesting bronze channel letters which will be added to an existing shield logo. The total sign size is 87 sq. ft. (maximum allowed by code is 160 sq. ft.) . The strip stores have red color criteria established as a sign blanket approval. Publix was given authorization to deviate from the blanket approval as the blue channel letters matches the trim stripe encir~ling the building. The only other deviation from the blanket approval is the coin laundry, which adjoins Savings of America on the east elevation facing Federal Highway. The sign existed before the blanket approval was established. The letters are red on white Plexiglas background and placed in a sign cabinet. The criteria is for red individual channel letters. SPRAB reviewed the application on February 19, 1992 . It was determined that Savings of America currently has individual bronze channel letter signs on the east as well as the south elevation. The applicant has agreed to remove the nonconforming sign facing the parking lot on the south elevation before installing the east elevation sign facing Federal Highway. SPRAB felt the sign should conform to the blanket color. The Board recommended the reduction of copy size from 24" for upper case to 20" and the lower case from 18" to 14". They felt the sign's overall size of 32'.7" x 2', adjoining the 2'.9" x 4'2" logo was excessive for the elevation. RECOMMENDATION: Commission's discretion. ., ,I , .- ~ -.. '"' . . ! - . . # - -. - . -- - - - - -- - -- . , - . IU "" , $ I ... ~ I _~ It , ., ~~ .- ~, - )' I - ~ . I .... :t- ~ ~ J ~ ~-~~ :. ! ! I', . ""w. I ' , L. -l i ~ : D $ '1ft. --~'l" ~ , i ',.. I I ~ , ':l~"~ _ . -".,,_'...... -'-. a . . I,' " " , I " ' I' . '.", , ' : ,'0. . : . . t -"_ .. : [' ;. -; '~'<'-" .'.>..:- . ~ < \ ....ell."'. .. ., ." . 'I: r I ; -:' - '.~t;. . . , '" . ~ ~. ", . ~ i I . .., :I.i.... I t - . : :i.JItt., . ' - C" .!. . ~ _l _~___, :. .. ~ -""!\~:.iII '.. -.,... _, _ ' ~ ..:...~~ ""r_..... . _ -.t, .' ;' .' 1 . ~';t'," ~ ~:- r. . '. ;~ j U. ,,;> Z. ,:' '11 - '~, ; , . \ ~ '.. ~ ? ~ ~ ' ;1: ,0 j:.},- ~ ~i~ ~ .; - '!' ill I tU I , A~ '.':".'. 't ~ I ~'~'~ u-~ t: V'I:" ~' . ~~ . ! ~ ~- , .~ \to " ~ ' ' I~ I - '1', , i ' . ". . I' .' I. j ~ I ," . ~ ~ ~~. '. j- , ~ 1:.'0 Z. !-~', .1 - ~'3:';:1)1~~'~'f-:: I I'; ...co ~ - . -,- ~ - ~ " % . i! ~ ' . .' , "- "'1 I 'l ~ -:: ,r , I I ,>J~iO'}~.':' ' ~ \-l", 'i/.:r;: - ;_.'t , ~ I ,. 1.. :l . . ~ 0 .,! .. . ,., u .,~ .... I I;' :- ok, ; - "1" ~ . ~:l~ ~ ; ..~,,:;i ....!. ~ . .,' .ii. I i~~ --;~:~! ',' 't(!:'~ J ~ " . ... ".~:~. '<. :. '; ~ . ..'0' ::...~~-.:. ':_:';.._.'~ ;:. ~~. - , i '-;'11.- ..." - '" ~ t-.- ~. . '. .. ..". .;. . ".".: c4 . -: ; . .. ~ ;'~. . /; . " . . . . ~ . . .". .' :" :i._~ . t . ..J'o.. ~- C>';...~~. ' . _ :,.~ .,.' _'", t ' " ,.-; ~" .. : . ,. j.~.e-,,~~, : '\ -1", . -, ., .. " .....f, ~. ..' ~ .7.;._ ..- . ~~.. .......~-..rr . -, ' ~- ~., '. . ',' :. :' t:" -:~:y_: . ;;....- .' ~. " ~. "- , MINUTES: Site Plan Review and Appearance Board Meeting Febru~ry 19; 1992 Page 2 Tom LaSalle Yes Gene Fisher Yes Sam DeOto Yes Debora Oster Yes Jess Sowards Yes Rett Talbot Yes Mark Marsh Yes Application denied. B. Top Dog Custom Classic Auto Repair 92-14693 1601 S.W. 10th Street Delray Signs 1 Flat Wall Sign Represented by Mark Gregory. Staff had concern regarding color"and graphics. The members questioned the "bull dog" and the "exhaust system". The members were polled. The members preferred lettering instead of the proposal and felt the sign would not enhance the area. Some of the members recommended the elimination of the bull dog or muffler. After discussion, Mr. Fisher moved to table the plans. Seconded by Mrs. Oster. The applicant was requested to return to the board. The vote was as follows: Rett Talbot Yes Jess Sowards Yes Tom LaSalle Yes Debora Oster Yes Sam DeOto Yes Gene Fisher Yes Mark Marsh Yes C. Savings of America 91-14641 1500 South Federal Highway Federal Sign 1 Flat Wall Sign (Not per blanket) Represented by Mark Gardner. The applicant stated the landlord is supporting the bronze. There is to be one east sign only; the south sign is to be removed. The height is acceptable. The members were polled; they felt the sign should conform to the blanket color or the blanket should be changed. After discussion, Mr. Sowards moved to approve the "Savings of America" sign with the color to match the blanketed approval in red; the size of the copy be reduced from 24" for upper case to 20" and with the lower case letters reduced from 18" to 14". Seconded by Mrs. Oster with the vote as follows: Debora Oster Yes Sam DeOto Yes Gene Fisher Yes Rett Talbot Yes Jess Sowards Yes Tom LaSalle Yes Mark Marsh Yes .. " LAW OFFICES ..01 M"N..nE AVENUE WEST HOLLAND & KNIGHT ONE E"ST B"OW"RD BLVD, P,O, Box 2.' (Z,P 34206' P,O. Box 14070 (Z,P 33302) e"AOlEHTON, FLO'UDA 34205 FORT LAUDERDALE. FLO"'OA 33301 (813) 747-5550 (305) 525.1000 FAJI( ~813) 7....8-6945 FAx (305) 463-2030 .2000 IHOE"C:NOENT SOUARE 92 LAKE WIRE ORIVE 1200 BRICKELL AVENUE 200 SOUTH O.....NOE AVENUE 315 SOUTH CALHOUN STREET PO. 80. 152<<587 (Z,P 32201l P,O. Box 320e2 (Z.P 33802) P.O. Box 015441 (Z,P 33101l P.O. Box 1526 (Z,P 32802) P.O, O....WE.. 810 (Z,P 32302) J..c..o..v.....c. F~O"IDA 32202 L~UCCLAHO, FLORIDA 33801 MIAMI, FLOftlDA 33131 O"LANDO, FLO'UOA 32801 TALLAHASSEE, FLORIDA 32301 .eO<l) 3153.2000 (813) 882-1161 (305) 37<1-8500 (407) 425-8500 (90<1) 224-7000 ..... .eO<l) 3158-1872 F..x (813) 888-1186 F..x (305) 374-116<1 F..x (<107) <123-3397 F..x (90<1) 22<1-8832 .00 NO"TM ASHLEY C".LIE ADORE.. 888 SEVENTEENTH STREET, N.W. .. 0 80. '1188 (Z.P 33601l H&K M,,, PLEASE REPLY TO: Su.u eoo t ........ F'LO'1II0A 33602 TELEX 52-2233 MIAMI W....SHINGTON. D.C. 20006 '8.311127-8!500 (202) 955-5550 ..... '8131 229-0'34 FAX (202) 95!5-5564 Fort Lauderdale March 2, 1992 VIA CERTIFIED MAIL AND HAND DELIVERY RETURN RECEIPT REQUESTED city of Delray Beach Alison MacGregor Harty, City Clerk 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Appeal of the decision of the site Plan Review and Appearance Board from meeting of February 19, 1992/Savings of America sign, located at the Delray Beach Mall, submitted as Sign Application (Permit Number 92-14641) Dear Ms. Harty: Pursuant to Section 2.4.7 (E) of the Land Development Regulations ("Regulations") of the City of Delray Beach ("city"), Savings of America, by and through its undersigned counsel, hereby appeals to the City commission the decision of the site Plan Review and Appearance Board ("Board") made at ~he meeting of February 19, 1992, regarding certain requested signage, as will be discussed below. This appeal is filed as required within ten (10) working days of the action of the Board and pursuant. to the requirements and procedures of Section 2.4.7 (E) of the Regulations. The property which is the subj ect of this appeal is certain property leased to Savings of America at the Delray Beach mall located at 1640 South Federal Highway, Delray Beach, Florida (the "Mall"). I. IDEN'l'IFICATION OF WHO TOOK THE ACTION AND WHEN IT WAS MADE On ~anuary 3, 1992, Savings of America submitted a sign application to the staff of the City, permit number 92-14641 ., " . . March 2, 1992 Page 2 ("Sign Application"). Savings of America desires to remove the existing non-conforming signage located on the south side of the Mall. A new sign with the wording "Savings of America" would be located on the east side of the Mall, next to an existing "shield" logo for Savings of America. As shown on the sign Application, the area of the proposed sign is 150.17 feet. The sign contains 24" bronze channel letters, with the lower case lettering being 18" in height (the "Savings Sign"). On February 19, 1992 at the meeting scheduled for 7:00 P.M., the Board disapproved of the proposed Savings Sign. The Board required that the sign be red instead of bronze, and the Board also required that the uppercase letters be reduced from ,24" to 20" and the lowercase letters be reduced from 18" to 14". Based on the disapproval of the sign as originally proposed by Savings of America, Savings of America hereby appeals the decision of the Board to the City commission. II. BASIS OF THE APPEAL section 4.6.7(E) of the Regulations describes the basic standards which apply to signs. The Savings Sign meets the standards of scale, garishness and conflict as specifically provided by paragraph F of section 4.6.7. A. Scale. The scale of the Savings Sign is consistent with its location at the Mall and the sign meets the requirements of height and area required by the sign development standards matrix referenced in Section 4.6.7(E)(7) of the Regulations ("Matrix"). The Matrix requires that the sign not exceed 160 square feet. The Savings Sign, as proposed prior to the action of the Board, is in fact approximately 10 feet below the Matrix requirement, encompassing 150.17 feet. B. Garishness. The Regulations also state that the "overall effect of the configuration or color of a sign shall not be 'garish' ". The Regulations define "garish signs" as those that are "too bright or gaudy, showy, glaring and/or cheaply brilliant or involving excessive ornamentation". The Savings Sign is not garish. The color of the Mall is beige and the sign complements the color of the Mall with its bronze color. The Savings Sign contains internal white neon tUbing so that the sign will illuminate a soft white color at nighttime. LAW OFTICES HOLLAND & KNIGHT '. , March 2, 1992 Page 3 I C. Conflict. The Savings Sign does not conflict with other signs already located at the Mall or in the immediate vicini ty. The Board required red letters. We have been advised by staff that the Board had in the past approved red lettering for all signs within the Mall, but we are not aware of any formal "Master Sign Program" for the Mall adopted pursuant to section 4.6.7(D) (2) of the Regulations. Further, publix, another tenant at the Mall, has a blue sign. The Savings of America shield which has colors of bronze, white, red and blue is already located where the net'l lettering will be placed. The only change to the existing signage facing Federal Highway would be to add the bronze colored lettering with the wording "savings of America" next to the shield. There will be complete removal of all lettering and the shield logo from the south side of the building. There will be no change to the color of the existing letters which now are bronze. The only other tenant located on the east side of the Mall is a coin laundry and dry cleaning establishment. This tenant has a sign with a white background and red lettering, which blends with the Savings Sign and shield. The distinctive bronze color, together with the shield, is the corporate standard of Savings of America which distinguishes it from other smaller, less financially sound banks with similar names. For example, Amerifirst Savings, a bank currently under the control of the Resolution Trust corporation, is located on the south side of the Mall. The sign of Amerifirst Savings has red lettering which is easily confused by bank customers with Savings of America. Addi tionally, other banks in South Florida such as Home Savings and American Savings have similar names. Savings of America is a division of Home Savings of America, F.S.B. which is the largest savings and loan association in the United States. The bank has assets totalling over $47 billion. Therefore, it is extremely important that Savings of America preserve its reputation and corporate image in the community by maintaining signage that is adequate in size and contains the bank's distinctive bronze coloring to differentiate savings of America from other banks in the community with similar names, while continuing to maintain a signage system which is entirely compatible with and complementary to that currently existing in the Mall. II. RELIEF BEING SOUGHT Savings of America respectfully requests that the City Commission reverse the decision of the Board and approve the LAW OFFICES HOLLAND & KNIGHT . , . March 2, 1992 Page 4 Sign Application as originally proposed by Savings of America. We sincerely appreciate your consideration of this important issue. Please call us should you have any questions or require any further information in connection with the appeal. We await notification of the date and time for the consideration of this appeal by the city Commission. Very truly yours, HOLLAND & KNIGHT ~ ~ \ ' /: \ ,: ~ ~. . OV-\: 'be..-, Susan F. Delegal cc: Lula Butler, Director of Community Improvement Jeffrey Kurtz, Esq. , city Attorney OOOHSA 000228:84 .~~"~ED ._' ~_ Iii Vi ~~R o 5 92 cor.,,'" I ..-ry IHPROVEMENT I ',f~iSTI(ATION LAW OFFICES HOLLAND & KNIGHT '. '0 ... HOLLo..'~: :"".. ,-,i.1' +-H un / lJJ::LR.U' BeH. @OOl .d' 0:>/04/92 .17:31- FAX 3055220789 . l ~ > .3/:s /fOl c.' ciA( dJd.. . \ ....'~ ., . ~ "~. -, - - . ,- .. ~' HOLLAND & KNIGHT LAw OI'Pt<;ES BRADbrfOl'f W.1::n...,flO L<L&.t..AKAU" (au) 147.55S0 (11:5) 6n41(i1 . (9G.11 U<4-1000 PAX ('13) 1.c1..fif45 FAX (l13)n$-UI6 FAX 19(4) l~.U:!l Fc)rt L4tJOC&DA.U MIAMI T....".. (305) Sl$-lOOO (305) ~74.UOO (113) 2114S00 FA.X (305) "".2030 FAX (305) 31"-11'. FAX (ll3) 1~'J.OI.34 S.C:UOfCYU.U: OaL.,u(oo 1V~SHj~eTOH.D_C. (904) 353-2000 (401) -$15-1$00 , (202) 95S-S5S0 FAX ('04) 351-1&11 FAX ("01) 413-3397 FAX (2CZl 95S.:$564 REPLYTO: FORT LAUDERDALE TO: D~~ FROM:~Sut ~ ~&r1ch CITY: MESSAGE: F ... : EMPLOYEE NAMB: EXT.: eNT .. NUM3eR FAXNUMBeR TIM ZONE \ t oS 4- (O~ot . . NO. PAGES 0THI5R~ . c::-D 2- 40l d-lf310SD 3-3-g-z.. . . " 1liE INFORb.ATtO~ COtrrA!W!1 u.. TlUS FACSIMILE IInS.lCI! '8',f;'tT"~lHiIrV ~........,. ""'''''f'! - .-- ',.- I ,.! ~,/"".. f'I':' ,.... ^ ~ .' . .....-,..~' :' ..,., " ..- . . .. , """ vv" 0:_,/04192 17:32 FAX 3055220iS9 ..~__ ,.-- ---.-j,. "',-il, ,~ Clu,,/ - F Y:l- u.w OI"l"ICE$ ,..Qf M"''''''TU Av"..u" We,,, HOLLAND &. KNIGHT Q.." LA= a..owAIOJ) BL...... P.O. Sox :t41 (Zn' 34,aOCSl P_O. Bo.. 140~O (Zn' 33.302) e.......CNTQ... FLO'''''A 34aQ~ F'QR'I' ~U"CAQ_&. ;1,,0....... ~330\ (8131 ''''7-5550 (3051 $t'lrIOoo PAX 181~1 '''8-6945 FAX \305) "63.010;10 2000 1....c;..e""""T .so........e Qoa LA..z: WIRI: OR'VC; 1200 e..,c:xz:u. Ave"uz: 200 SOy"" 0........0: '....Z:Nue 31e SoUTH C&4.MOUN STRel;;? P.O. Box 5t1587 IZ,p 322011 1".0. eo.. 3.209.2 IZ... 3360zl P.O. SO" 01&441 I~,,' 331011 P.O. 60.. 15.26 IZ,.. 3.2802' 1".0.0........,.. la'O (Zn' 3a3021 "/""K"oN""~l"e. PL..'....... 3220Z, l...a"C....."o. F"LO........ ~3601 M......'. 1'"1,,011'0'" 33131 0......."..0. '1,,0"'0" 3ZS01 T...L....."AS::a:. FLON'''''' :3a:)(>, 1510"13"302000 (013) 6Sa-lle, I:lO!:;) 374-e.5oo \407) 4a.s-.eSoo (904) a:4-70oo ...,.190..1356.\S72 F....(813) 66S-"S$ F..... (305) 374-11&4 F"~ 1"07142.3'3397 FlU< 190'" ZZ4-B83tl 400 1010"1''' ~"\.I:Y CAIILC; ...."..",." 8U Sz:veNnO:IfTN STIlEt<. N.W. 1'.0.60" 12ea 1%.... .33601l _ H~I( MIA P1.EASE R~"'1.Y TO~ $U'TZ: 900 T.........., FL""'O'" 33802 T","cc 524233 M'A"' W.uN'NG"ON. O.~_ :0006 181 ~I ZZ7.8S00 (.20ltl 95$.55$0 f'"" (813) 229-01:)4 F'"",(2021955-5584 Fort Lauderdale March 4, 1992 VIA TELECOPY Mr. David T. Harden city Manager City of Delray Beach ~OO Northwest First Avenue Delray Beach, Florida 33444 Re: Appeal of Site Plan Review and Appearance Board DeciSion/Savings ot America Sign at the. Delray Beach Mall Dear Mr. Harden: Pursuant to a telephone conversation with the City Clerk I s office today, we are requesting that the ,a..bove refe~enced matter scheduled for consideration on the city Commission agenda ot March 11, 1992, be ~escheduled to the City commissionaqenda of March ~4, 1992. Thank you for your cooperation in this matter. Very tt:uly yours, HOLLAND &- KNIGHT l:::P~~ ., f ., ,. /- [I" DF DELIA' BEA[H ( '\ 100 NW, 1st AVENUE . O'::i.,H':'( tlEACH ;::LORiDA 33444 . ~07'243-7000 March 3, 1992 Susan F. Delegal, Esq. Holland & Knight P.O. Box 14070 Ft. Lauderdale, FL 33302 Re: Appeal of Site Plan Review and Appearance Board Decision/ Savings of America Sign at the Delray Beach Mall Dear Ms. Delegal: I am in receipt of your letter of appeal dated March 2, 1992, with respect to the above referenced matter. Pursuant to Section 2.4.7(E) of the Land Development Regulations, this appeal of the Site Plan Review and Appearance Board's action at the meeting of February 19, 1992, was received by me via hand delivery in a timely manner on March 2, 1992. Please be advised that the matter has been scheduled for consideration by the City Commission at the regular meeting to be held on Wednesday, March 11, 1992. The meeting will begin at 6:00 P.M. and will be held in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. You may wish to check with my office prior to the meeting to determine the item's standing on the agenda. Should you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, 01uxm 'f!}Jdfbfd' /lafty Alison MacGregor Harty City Clerk AMH/m cc: Lula Butler, Director of Community Improvement David J. Kovacs, Director of Planning & Zoning THE EFFORT AUNAYS MATTERS ., " -, . LAW OFFICES 1401 MANATEE AVENUE WEST HOLLAND & KNIGHT ONE EAST B..OW....D BLVD, p,O, Box 241 (ZIP 34206) P,O, Box 14070 (ZIP 33302\ 8RAOENTON. FLORIDA 34205 FORT LAUDE.lItOALE. FLOlltlDA 33301 (813) 747-5550 (305) 525-1000 FAx (813) 748-6945 FAx (305) 463-2030 2000 INDEPENDENT SQUARE 92 LAKE WIRE DRIVE 1200 BRICKELL AVENUE 200 SOUTH ORANGE AVENUE 315 SOUTH C"'LHOUN STREET P,O, Box 52687 (Z,P 32201) P,O, Box 32092 (Z,P 33802) P,O, Box 015441 (Z,P 33101) P,O. Box 1526 (Z,P 32802) P,O, DRAWER 810 (Z,p 32302) JACKSONVILLE. FLOfttOA. 32202 LAKE-l.A.ND. FLOfUDA 33801 MIAMI, FLORIDA 33131 ORLANDO. FLORIDA 32801 TALLAHASSEE, FLORIDA 32301 (904) 353-2000 (813) 682-1161 (305) 374-8500 (407) 425-8500 (904) 224-7000 FAx (904) 358-1872 FAx (813) 688-1186 FAx (305) 374-1164 FAx (407) 423-3397 FAx (904) 224-8832 400 NORTH ASHLE'f CABLE ADDRESS 888 SEVENTEENTH STREET. N.W. P.O, Box 1288 <ZIP 33601) H&K MI.. PLEASE REPLY TO: SUITE 900 TAMPA. FLORIDA 33602 TELEX 52-2233 MIAMI WASHINGTON, D.C. 20006 (813) 227-8500 (202) 955-5550 FAX (813) 229-0134 FAX (202) 955-5564 Fort Lauderdale March 2, 1992 VIA CERTIFIED MAIL AND HAND DELIVERY RETURN RECEIPT REQUESTED Ci ty of Delray Beach RECEIVED Ali~on MacGregor Harty, c3 /,;;/9 ~ c?':JP Clty Clerk ~ 100 N. W. 1st Avenue CITY CLERK {j(!lL Delray Beach, Florida 33444 Re: Appeal of the decision of the site Plan Review and Appearance Board from meeting of February 19, 1992jSavings of America sign, located at the Delray Beach Mall, submitted as Sign Application (Permit Number 92-14641) Dear Ms. Harty: Pursuant to Section 2.4.7 (E) of the Land Development Regulations ("Regulations") of the City of Delray Beach ("City"), Savings of America, by and through its undersigned counsel, hereby appeals to the City commission the decision of the site Plan Review and Appearance Board ("Board") made at the meeting of February 19, 1992, regarding certain requested signage, as will be discussed below. This appeal is filed as required within ten (10) working days of the action of the Board and pursuant to the requirements and procedures of Section 2.4.7 (E) of the Regulations. The property which is the subj ect of this appeal is certain property leased to Savings of America at the Delray Beach mall located at 1640 South Federal Highway, Delray Beach, Florida (the "Mall"). I . IDENTIFICATION OF WHO TOOK THE ACTION AND WHEN IT WAS HADE On January 3, 1992, Savings of America submitted a sign application to the staff of the City, permit number 92-14641 ., ., , . . . March 2, 1992 Page 2 ("Sign Application"). Savings of America desires to remove the existing non-conforming signage located on the south side of the Mall. A new sign with the wording "Savings of America" would be located on the east side of the Mall, next to an existing "shield" logo for Savings of America. As shown on the Sign Application, the area of the proposed sign is 150.17 feet. The sign contains 24" bronze channel letters, with the lower case lettering being 18" in height (the "savings Sign"). On February 19, 1992 at the meeting scheduled for 7:00 P. M., the Board disapproved of the proposed Savings Sign. The Board required that the sign be red instead of bronze, and the Board also required that the uppercase letters be reduced from 24" to 20" and the lowercase letters be reduced from 18" to 14". Based on the disapproval of the sign as originally proposed by Savings of America, Savings of America hereby appeals the decision of the Board to the city commission. II. BASIS OF THE APPEAL section 4.6.7(E) of the Regulations describes the basic standards which apply to signs. The savings Sign meets the standards of scale, garishness and conflict as specifically provided by paragraph F of Section 4.6.7. A. Scale. The scale of the Savings Sign is consistent with its location at the Mall and the sign meets the requirements of height and area required by the sign development standards matrix referenced in Section 4.6.7(E) (7) of the Regulations ("Matrix"). The Matrix requires that the sign not exceed 160 square feet. The Savings Sign, as proposed prior to the action of the Board, is in fact approximately 10 feet below the Matrix requirement, encompassing 150.17 feet. B. Garishness. The Regulations also state that the "overall effect of the configuration or color of a sign shall not be 'garish'''. The Regulations define "garish signs" as those that are "too bright or gaudy, showy, glaring and/or cheaply brilliant or involving excessive ornamentation". The Savings Sign is not garish. The color of the Mall is beige and the sign complements the color of the Mall with its bronze color. The Savings Sign contains internal white neon tubing so that the sign will illuminate a soft white color at nighttime. LAW 0 FFICE$ HOLLAND & KNIGHT '. ., . ~ .. March 2, 1992 Page 3 I C. Conflict. The savings Sign does not conflict with other signs already located at the Mall or in the immediate vicini ty . The Board required red letters. We have been advised by staff that the Board had in the past approved red lettering for all signs within the Mall, but we are not aware of any formal "Master sign Program" for the Mall adopted pursuant to section 4.6.7(D) (2) of the Regulations. Further, Publix, another tenant at the Mall, has a blue sign. The Savings of America shield which has colors of bronze, white, red and blue is already located where the new lettering will be placed. The only change to the existing signage facing Federal Highway would be to add the bronze colored lettering with the wording "savings of America" next to the shield. There will be complete removal of all lettering and the shield logo from the south side of the building. There will be no change to the color of the existing letters which now are bronze. The only other tenant located on the east side of the Mall is a coin laundry and dry cleaning establishment. This tenant has a sign with a white background and red lettering, which blends with the Savings Sign and shield. The distinctive bronze color, together with the shield, is the corporate standard of Savings of America which distinguishes it from other smaller, less financially sound banks with similar names. For example, Amerifirst Savings, a bank currently under the control of the Resolution Trust Corporation, is located on the south side of the Mall. The sign of Amerifirst Savings has red lettering which is easily confused by bank customers with Savings of America. Additionally, other banks in South Florida such as Home Savings and American Savings have similar names. Savings of America is a division of Home Savings of America, F.S.B. which is the largest savings and loan association in the United States. The bank has assets totalling over $47 billion. Therefore, it is extremely important that Savings of America preserve its reputation and corporate image in the community by maintaining signage that is adequate in size and contains the bank's distinctive bronze coloring to differentiate Savings of America from other banks in the community with similar names, while continuing to maintain a signage system which is entirely compatible with and complementary to that currently existing in the Mall. II. RELIEF BEING SOUGHT Savings of America respectfully requests that the City Commission reverse the decision of the Board and approve the LAW OFFICES HOLLAND & KNIGHT .. ., - . :" , . March 2, 1992 Page 4 Sign Application as originally proposed by Savings of America. We sincerely appreciate your consideration of this important issue. Please call us should you have any questions or require any further information in connection with the appeal. We await notification of the date and time for the consideration of this appeal by the City Commission. Very truly yours, HOLLAND & KNIGHT _~oGt:~~J Susan F. Delegal cc: Lula Butler, Director of Community Improvement Jeffrey Kurtz, Esq. , City Attorney OOOHSA 000228:84 LAW OFFICES HOLLAND & KNIGHT Of l,L, T 7.,," ." 1f"'~_~". I :'~ . . ... . . - ASS o CIA TED MESSENGER SERVICE N::! 35q59 BROWARD: 764-1702 . DADE: 940-0348 . BOCA: 368-4110 / DATE .j;' / , ;' ) ! "~) , ! L- f'", plu FROM DEL TO NO, OF PIECES WEIGHT LBS, FJ..;), CHARGES SERVICE CHG BILL P/U ~\ DEL 0 P IU CHARGE TO OTHER JOB NO. I NSTRUCTI ONS RE -DELIVERY , WGr./PCS. / CHARGE [( RUSH o BY 5 P,M, WAlT/LOAD o 3 HOUR o ADDED STOP DECLARED EXCESS VALUE TIME CHG VALUE INSURANCE CHG COMPLETE DESCRIPTION OF EXCESS VALUE INSURANCE COVERAGE VAN/S,W, DESCRIPTION AND NO, OF PIECE ENVELOPES_ PACKAGES_ CARTONS_ OTHER CONSIGNEE INSURANCE COVERAGE - ALL MOVEMENTS ARE AUTOMATICALLY INSURED FOR $50,00 AT NO CHARGE, ADDITIONAL INSURANCE INSURANCE SIGN (UP TO A MAXIMUM OF $500,00) IS AVAILABLE FOR ,50 PER FULL NAME .'--- , MOVEMENT, (ALL MOVEMENTS WILL BE INSURED FOR $500,00 . " , / ' , ABOVE GOODS RECEIVED IN GOOD 'CONDITION I UNLESS OTHERWISE SPECIFIED.) LAY-OUT P U DRIVER DEL DRIVER SHIP"ENT SUBJECT TO LIABILITY - SEE REVERSE A.H. P.", EXCESS INSURANCE AVAILABLE TIME Of EL I ERY SERVICE AVAilABlE - 24 HOURS - 7 DAYS A WEEK ORIGINAL I WHITE BILLING COPY / YELLOW DELIVERY RECEIPT / PINK PICK-UP RECEIPT / GOLD ,----- ------~ --,'-'------ .---" ---,~----~ " . . ., , ... 'CITY OF DELRAY BEACH 100 N.W. 1st AVENUE, DELRAY BEACH, FLORIDA 33444 407/243-7000 FAX NUMBER 407/243-3774 FAX TRANSMITTAL DATE: -3 - i 9;; . TO: NAME: ?~~ COMPANY NAME: ~1tl-~ gL.. ~ CITY: rtrZ;;(:;, ;;(w..LLb2l:{~ (305- ~(P3-~Oa()) TOTAL NUMBER OF PAGES INCLUDING TRANSMITTAL SHEET: 0( COMMENTS: NAME OF SENDER: (t~ ~- ~ '1 L1h7 ~L TELEPHONE NUMBER: 'l"tJ 7- 01<./3-7060 COPIES TO: IF YOU DO NOT RECEIVE ALL OF THE ABOVE REFERENCED PAGES, PLEASE CONTACT THE SENDER NOTED ABOVE ASAP. '. '. . . J ... . ~ _ f /" tIT' DF DELRA' BEAtH ( ,\~J 100 N,W, 1st AVENUE . u:::U'i;'',' 8EACH. ;:LORIDA 33444 . 407243-7000 March 3, 1992 Susan F. Deleqal, Esq. Holland & Knight P.O. Box 14070 Ft. Lauderdale, FL 33302 Re: Appeal of Site Plan Review and Appearance Board Decision/ Savings of America Sign at the Delray Beach Mall Dear Ms. Delegal: I am in receipt of your letter of appeal dated March 2, 1992, with respect to the above referenced matter. Pursuant to Section 2.4.7(E) of the Land Development Regulations, this appeal of the Site Plan Review and Appearance Board's action at the meeting of February 19, 1992, was received by me via hand delivery in a timely manner on March 2, 1992. Please be advised that the matter has been scheduled for consideration by the City Commission at the regular meeting to be held on Wednesday, March 11, 1992. The meeting will begin at 6:00 P.M. and will be held in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. You may wish to check with my office prior to the meeting to determine the item's standing on the agenda. Should you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, f1&on '/!hL!Ibf'flllaEy Alison MacGregor Harty . Ci ty Clerk AMH/m cc: Lula Butler, Director of Community Improvement David J. Kovacs, Director of Planning & Zoning THE EFFORT ALWAYS MATTERS ., '. . . - C/;~/- 7ZL/1 -'" d/II/9if LAW OFFICES 1401 MANATU AVENUE WUT HOLLAND 8<: KNIGHT ONl: EA.T BIIOWAIIO BWD, P,O. Box 241 IZ,,, 342081 P.O. Box 14070 (Z." 33302) BIIlIADENTON, FL.ORIDA 3....205 FOlllT LAUDC"OAI.C. FL.OIltIDA 33301 (813) 747-15550 (3015) 1525-1000 FAX (813) 748-8e45 FAX (3015) 483-2030 2000 INDIE~IINDCNT SOu""t 92 LAKE Wu..: CRIVE 1200 elltlCKIELL AveNuE 200 SOU"" O"ANGe AVENue 315 SOU'H CAL.HOUN STReET P.Q, Box 52887 IZ,,, 322011 P.O, Box 32092 (ZI" 33802) P.O. BDx 015441 (ZI" 331011 P.O. Box 11528 (Z,,, 328021 P.O. OllAWEII 810 (ZI" 32302) J....CK.ONVILLE. FI..OIIIID... 32202 LAKIELAND, F""OllllIO'" 33801 M......I. FLOIIIIOA 33131 O"LA"OO, FLOIIIIDA 32801 TALLAH"'...., FLORIDA 3230. (904) 353-2000 (813) 882.1181 (30151374.8500 (407) 425.81500 1t1041224-7000 FAX (e04) 358-1872 FAX 18131 888-1188 FAX (3015) 374-1184 FAX (407) 423-33e7 FAX le041 224-8832 <400 NOIfTH AaHLCY C....LI: ,6,DDIII&.. e8. SKYEllnEeNT" ST..IICT. N.W. P,O, Box 1288 (ZI" 338011 H&K MIA PLEASE REPLY TO: SUITE eoo T......p'.... FLOIIUOA 33802 TIILIEX 52-2233 MIAMI W....HINClTON. D.C. 2000e (8131227-8500 (2021 e515.1515150 FAX (813) 229-0134 FAX (202) 91515-15584 Fort Lauderdale March 2, 1992 VIA CERTIFIED MAIL AND HAND DELIVERY RETURN RECEIPT REQUESTED city of Delray Beach RECEWED Al i son MacGregor Harty, <.3 j." /9;;).. L.~ . :JP City Clerk ~ ~ 100 N. W. 1st Avenue CITY CLERK tJ/!IL Delray Beach, Florida 33444 Re: Appeal of the decision of the site Plan Review and Appearance Board from meeting of February 19, 1992/Savings of America sign, located at the Delray Beach Mall, submitted as Sign Application (Permit Number 92-14641) Dear Ms. Harty: Pursuant to Section 2.4.7 (E) of the Land Development Regulations ("Regulations") of the city of Delray Beach ("city"), Savings of America, by and through its undersigned counsel, hereby appeals to the City Commission the decision of the site Plan Review and Appearance Board ("Board") made at ~he meeting of February 19, 1992, regarding certain requested signage, as will be discussed below. This appeal is filed as required within ten (10) working days of the action of the Board and pursuant to the requirements and procedures of Section 2.4.7 (E) of the RegUlations. The property which is the subj ect of this appeal is certain property leased to Savings of America at the Delray Beach mall located at 1640 South Federal Highway, Delray Beach, Florida (the "Mall"). I . IDENTIFICATION OF WHO TOOK THE ACTION AND WIlER IT WAS MADE On January 3, 1992, Savings of America submitted a sign application to the staff of the City, permit number 92-14641 ., '. ~ : 1 March 2, 1992 Page 2 ("Sign Application"). Savings of America desires to remove the existing non-conforming signage located on the south side of the Mall. A new sign with the wording "Savings of America" would be located ,on the east side of the Mall, next to an existing "shield" logo for savings of America. As shown on the Sign Application, the area of the proposed sign is 150.17 feet. The sign contains 2'4" bronze channel letters, with the lower case lettering being 18" in height (the "Savings Sign"). On February 19, 1992 at the meeting scheduled for 7:00 P.M., the Board disapproved of the proposed Savings Sign. The Board required that the sign be red instead of bronze, and the Board also required that the uppercase letters be reduced from .24" to 20" and the lowercase letters be reduced from 18" to 14". Based on the disapproval of the sign as originally proposed by Savings of America, Savings of America hereby appeals the decision of the Board to the City commission. II. BASIS OF THE APPEAL section 4.6.7(E) of the Regulations describes the basic standards which apply to signs. The Savings Sign meets the standards of scale, garishness and conflict as specifically provided by paragraph F of Section 4.6.7. A. Scale. The scale of the Savings Sign is consistent with its location at the Mall and the sign meets the requirements of height and area required by the sign development standards matrix referenced in Section 4.6.7(E)(7) of the Regulations ("Matrix"). The Matrix requires that the sign not exceed 160 square feet. The Savings Sign, as proposed prior to the action of the Board, is in fact approximately 10 feet below the Matrix requirement, encompassing 150.17 feet. B. Garishness. The Regulations also state ,that the "overall effect of the configuration or color of a sign shall not be · garish'" . The Regulations define "garish signs" as those that are "too bright or gaudy, showy, glaring and/or cheaply brilliant or involving excessive ornamentation". The Savings Sign is not garish. The color of the Mall is beige and the sign complements the color of the Mall with its bronze color. The Savings Sign contains internal white neon tUbing so that the sign will illuminate a soft white color at nighttime. l-AW OF"F"ICES HOLLAND & KNIGHT ., ., _ r March 2, 1992 Page 3 I C. Conflict. The Savings Sign does not conflict with other signs already located at the Mall or in the immediate vicinity. The Board required red letters. We have been advised by staff that the Board had in the past approved red lettering for all signs within the Mall, but we are not aware of any formal "Master Sign Program" for the Mall adopted pursuant to section 4.6.7(D)(2) of the Regulations. Further, publix, another tenant at the Mall, has a blue sign. The Savings of America shield which has colors of bronze, white, red and blue is already located where the new lettering will be placed. The only change to the existing signage facing Federal Highway would be to add the bronze colored lettering with the wording "Savings of America" next to the shield. There will be complete removal of all lettering and the shield logo from the south side of the building. There will be no change to the color of the existing letters which now are bronze. The only other tenant located on the east side of the Mall is a coin laundry and dry cleaning establishment. This tenant has a sign with a white background and red lettering, which blends with the Savings Sign and shield. The distinctive bronze color, together with the shield, is the corporate standard of Savings of America which distinguishes it from other smaller, less financially sound banks with similar names. For example, Amerifirst Savings, a bank currently under the control of the Resolution Trust Corporation, is located on the south side of the Mall. The sign of Amerifirst savings has red lettering which is easily confused by bank customers with Savings of America. Additionally, other banks in South Florida such as Home Savings and American savings have similar names. savings of America is a division of Home Savings of America, F.S.B. which is the largest savings and loan association in the Uni ted States. The bank has assets totalling over $47 billion. Therefore, it is extremely important that Savings of America preserve its reputation and corporate image in the community by maintaining signage that is adequate in size and contains the bank's distinctive bronze coloring to differentiate Savings of America from other banks in the community with similar names, while continuing to maintain a signage system which is entirely compatible with and complementary to that currently existing in the Mall. II. RELIEF BEING SOUGHT savings of America respectfully requests that the City Commission reverse the decision of the Board and approve the LAW OFFICES HOLLAND & K."'IGHT ., " - ~ . . , , March 2, 1992 Page 4 Sign Application as originally proposed by Savings of America. We sincerely appreciate your consideration of this important issue. Please call us should you have any questions or require any further information in connection with the appeal. We await notification of the date and time for the consideration of this appeal by the City commission. Very truly yours, HOLLAND & KNIGHT ~~c0-t:~)J Susan F. Delegal cc: Lula Butler, Director of Community Improvement Jeffrey Kurtz, Esq. , City Attorney OOOHSA 000228:84 LAW 0 FFICES HOLLAND & K."HOHT .. .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER{/iv) SUBJECT: AGENDA ITEM i ~ - MEETING OF MARCH 24, 1992 RECONSIDERATION OF DECISION TO CLOSE PALM SOUARE DATE: March 20, 1992 We have received a petition, signed by several owners of property on Palm Square, business owners on Atlantic Avenue, and other interested parties who object to the trial closure of Palm Square. Also two Commissioners who voted in favor of the trial closing have asked to reexamine this issue. This item is therefore, being brought before you for reconsideration of the Commission's action of 3/11/92 which approved the trial closure of this road. Attached as backup material for this item are schematic drawings which provide alternatives to the closure of Palm Square, Also attached I is a copy of the petition signed by those in favor of closing Palm Square, fJukuy ~ t: a!f ~ hO ~ ((5) ~ dI ti:Ju.A.) f:cr ~ lrj) ~ I>>~~~~~~ fcf- 2 80RfCD) p~ 6-0 " . Digby Bridges, Marsh & Associates, P.A. 124 N.E, 5TH AVENUE, DELRAY BEACH, FL 33483 407-278-1388 ,) Ji" ~-~,.__._._-- .,!" "1("'''''-- ~(. ;-~ ','" -,;",. I It- /. . ~ _.t " ,~_ '<""_: .. ";'<" . C' ~ , .il'11". \ - ~---'- .... --..--...- '--'-'-- --.,------.--....------ 18 March 1992 Mr. David Harden RI2C~/V~D MAR 1 8 199- city Manager city of Delray Beach CITy MA ~ 100 NW 1st street NAGEfi'S Delray Beach, FL 33444 OFFICE RE: Palm Square Dear David: We enclose a copy of a possible solution to Palm Square which could make everyone happy. Tonight we will be discussing this point with the Historical Board. We have given a copy to Armand Mouw and enclose four extra copies for the Mayor and other Commissioners. Kindest regards, Yours sincerely, DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. Digby C. Bridges, A.I.A., R.I.B.A. DCB/sl Encl. cc: David Kovacs CHARTERED ARCHITfX:rS - PlANNERS - INTERIOR DESIGNERS , 10(' 1iI"C"" .",'of hd PIiI''''''' . I -- 8 8 z z ~ ~ III ~ z iil iil :v I :v !/1 I I c:l z Z I J -- , ~ I ~ ~ z ~ , . I '" III "'G . ~ ~ r- z i: 0 U) 0 Ie: ~ I ::IJ i , m I, I r ~!lr 1 . :~iI ;~ ~un .. '. ".I, RArO,," ..r,."","( Hl..:i; Pit."", ". '1. " ~ , or , p I -- I I z 0 I I I I % -4 ~ I ~ I Z ! z --- --- 0 ~~ % . I '. I -~ I I Z 0 Ii -4 ~ ~ I r- - ! I~ ~ Ig z 1 I I I r- I 1~ I ,~ r ~~lr 1 ~ ~iii a ~~IU ~~.lZ.r.ID '" _ . _ _ 0"\ . . ., TO': David 'Harden, City Manager Mayor Lynch, Commissioners: Alperin, Andrews, Mouw, Randolph David Kovacs and Planning & Zoning Board Members . Chris Brown and Community Redevelopment Agency Members Pat Cayce and Historic Preservation Board Members Sal Matteis and Downtown Development Authority Members Bill Woods and Chamber Atlantic Avenue Association Members Greg Luttrell, Traffic Engineer FROM: Palm Square residents and adjacent commercial property owners & tenants RE: Blockage of Palm Square DATE: . February 27, 1992 We, the undersigned, oppose the considered blockage of Palm Square in any fashion that would obstruct or impede the normal flow of traffic to our residences or places of business, The recent elimination of the no-left-turn sign at the intersection of Atlantic Avenue and Palm Square returns access to the adjacent property owners and eliminates the need for blockage of this vital downtown street, One block long Palm Suare bisects a central business district which comprises 45% of the street's length. The remaining 55% of the street is comprised of nine single family residences, Of the nine home owners, only five favor the proposed blockage of Palm Square while three oppose any type of blockage. The remaining one absentee owner, whose property is for sale, has never resided on Palm Square. A map is included designating each property owner, Palm Square has been a vital means of access to the Atlantic Ave, Bridge since our city was founded in the 1920s, Each and every property owner knew this when they purchased on this street, This is not a pristine residential street by any means, The residential zoning is RM-10 which translates to residential medium density with 10 units per acre permitted, To deprive the populace of Delray Beach the convenience of this vital street connecting our downtown central business district, ~idents of Palm Square should not be allowed_ R1.C ar Raa , alm Sq. Own~r5: Af!~ 1( ~ /1-L Pres. \\ ~ /~ ~/i- ., . PAGE TWO - CONTINUED PROPERTY OWNERS & TENANTS OPPOSED TO BLOCKAGE OF PALM SQUARE ~- {l& 1()6 / ~~'(~ ~ ZJ- DeNiro -p ~fi/J-I1< ~ r-;; tf/d-. ~ R- <') '\:(JW-: ~ A - Priest S? ___ ~ 11,- fL- %J-O Z- Q(t;:~, 1V\\c..l~ L P/v r'V\-. ~(ir./~ ~~ S>06- S~ ?~#t/C- tU/i~~ . - ?;fJ~ '1M E"4#-4/Y,c~ ;300- S r;E /.!J~ ,[)~ ~ ~ , III{ ~ if:;-o C c:u;~ .' 9'tPlJ t, I/~<<h'( ~~~ .1l'.. 0s (jerrefk .:5~f'=4~ U/? JI/1:: OLu.P TUrclG( .rJ : ///p~ ~c~ ;zd ~ r1 0 f--/'2,...., :~- ( .! 6;(.du::.5jJ~?f ~.;L( a~Afd~~ ~ . Di~~ ., PAGE THREE DELRAY BEACH PROPERTY OWNERS OPPOSED TO BLOCKAGE OF PALM SQUARE c64~~LeDJ 2~ \ nLJ IJ~U\~~,\~e-~ f/. 2- ~VVG~ Lc I} /fay( (?z-de.C<-J 611 5: Dc€'O<--t [JfvJ . ~-#- ~a /ll,r~~ UJle tc:... /V-- ti ,'7) _ /4 :1 2. S. t3. 2~ / 0) 1~0~ 1\'U~db~~' UlJ ~ d;- ~ I L <t -H J0C hJVL ~ rv . I ' A4f(:2( 8~);,~ 8,J1 ~<k<-ti3 _D~_f!.eh, 2. i j all II~ 'Z- ?, ;... <;, e <;;,f? /l--tN t d M1:' I (,v "'" k I t!;v,vJ;{ / 17J7k-- ::f~ a b (}, :3 8 '-I p , l-"-~~ ~ M 'K)", - ~0 ~vd, J> Rf) ~~~j [;lJUYl ;;;( 3 /J;) AJ J OCean t3 Iv 01, D Q;3 33 LJ lJ: 7!au d fJ ~ //37 /1/c 9/"l. /Iv"" ];x?/3 - '"33<(r3 ., I ..-... .. JANUARY 9, 1992 MR. ALEXANDER CAMPBELL, WHO OWNS PROPERTY AT 53 PALM SQUARE, HAS INDICATED THROUGH HIS AGENT, MR. STEVEN BATES, THAT HE WILL BE IN AGREEMENT WITH THE MAJORITY OF THE RESIDENTS OF PALM SQUARE. ~~ X. ~ / ALIEDA N.. RILEY ; '" . , . - I, i .- " - ~ : , /yf4~ I 3/ /9'1 z:.... --;tj : C/ I Y ~&/'I-I6C:: < ~ /, / ;f. Vi.1 /.- A IC /) tS"I/ C Id-L ,- f/o/"ll( '. F J TiS i~r-I c /-.( is /112> i?E .- 6LOUA0~ ".- ? ALIv1 Jau<fl.~E or- ;vI/ [A/l1P jti' z.. L ij4S ft1 AI //A/A 16 6 --4 ?CJ.J ;;/eJ,A,/' f)t: AlEv /rA~/IY mlfft!J~?Jt// 1/15 YEA~J of ....s/o pIE D IJ-IJ/ citJfiI,t:J IN ;/IA-l16eJ c;r Co/if C E /~ 10 -;-i-/t5 ^(/E~ 6oL/~cJ~ OF ~LIV1 JQ\.)AtL& _ libv../ C V (DZ' - r/~1 6,6"6// ,/ II 2,Lbv c'H"/ -to f-~ J A/ I 6;.,/1101./ - - A- AA~ (!)F /';:..V11 (7.. /6 A/ItS brl3oL/./oC)/) fJ Itsi' clV16 6 To -7,t./1,; ~yb/z AN'/f [~;y t-o /J1 /Y'l / s....s 1'0 ^ ICiC 5 /A/t'(4//J -;-;/4 T fib R/CJ&j Dco~,A/& (1){{: f AL-111 J QuAIC 0 , /{tS 41' ~ ,.3L" ~IJ /,0/ c.d -;H~ A tA)/f/'5U I- ,LljJ J/s ;4"Z H~uj i!ve-.!-/ /I ;>OJ'rf/t'l/ ,./d /J ;I)d &!L';( H~-IEJ.I KE'rZb'Jl6J//6(J .- h ~ J/Z6C( &oNJ'COUC 111 cE cJ~ --;1-// ..t )1JJ /"6"?iZ' IEtV/A//O// /1/ t//1I/d6'4: ~7tJL A-Nd .-::; - I'E4Jt/~ flU -/1-/5 ~,tf-?pl //..//0//64 1/0/'7 ~ b,fl/.A'/v/ 6tc:Jt//J/t of,c ?~ Lfi/1 }It}UAiZ6 At/IJ ;/5 1-14-/ .f 16/6"D /I ? 5//1/0/./ to /IJrJicA7/H IS ;Z;.j4c;-/V.e'~ y V'v8/l/ /7/L!d ~~~ fC)1Z /-1? At~x 6, tA~f.f45Edl!. ~ " ~ THE UNDERSIGNED PROPERTY HOLDER IN DELRAY BEACH, FLORIDA BELIEVES THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY - ZONED lttARINA HISTORIC DISTRICT, PALM SQUARE SHOULD BE CLOSED AT THE NORTH END BETWEEN THE COMMERCIAL AND THE RESIDENTIAL AREA, r WITH A TURN AROUND. DATE !!A!! ~J:RBSS 1'l1~ 17:411 J I3Jt# r'f~~-rt>,.) &:. 0 ~L~ ~ Q.. , " '~v<V€- S rj JA 1 t to vi 1 ~ /SVotue V ~ Ft/ed - - '. l ,. I , . I i I ., - . - ....- ...... .., .. . ~ I;J Pfl-Jo R- c9 P Ct-BS1 I 'PH h- 1Vl~ cQ J ft (2 ~ . , --- . . 1-\ 11 F. A7t-AtlJ/fc- r ' ) '- !J0 r):J ^' I 51/0 ?~. . 1\]:5. 7 I t / . I : fe f- fr1 G 1\ TDf!rVE I pt,7/o I \ · P to f~{{f ~ t <t ~ i-- t'- - , . G' -- tlTj I ~U~ I I .' . J ; _.:. ~. 'at tantic ave. ~ ,.. ! ~ en " c:: :I> ..-- :D m :D m !a c m z 0 m en ~ 0 0 3: 3: m (/) ~. . ~ CD ,.. ." . :D 0 "-' -- ." :> m ~ :D := ,.... -f -< 0 E .... 0 < 0 0 :e CD 1"'\ z C 0 en ,. :D 0 1>>, "" :e ,... :z: 0 0 0 -- ~ ~ 0 en r.' . ::0 m F, BROTHERTON o ::) as ::) n a.~ ,.. "C o 0 0 en 3 ... 0 0 lU _0 ... , ::) \Q ;Il; ;:II;" 5' C" CD ~ IP ~ C') en 0 "T1 1ST ' ." s.e. st. . . .~ ,.. Z ~ .,. , r- m ~ III en C ~ Ii) " :S3 .... 1"\ ~ ::a III c:: =0 - I ~5 o::::!. ... r- IC \II ::) I 0 <D "'0 ~~j 0 ... ;:II;" .. PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION DELRA Y BEACH. FLORIDA February 17, 1992 REPLY 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. With access to Seventh Avenue, traffic could be routed to the city parking lot next to Victorio1s 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. #1 via the traffic light at Seventh Avenue and Atlantic Avenue. Please give this problem serious consideration when you review this project. Va:-d~'A. h A{l:/N~ Dr'. ~. ROb~ cc: Mayor and City Commission ~.~n Ci ty Manager Traffic Manager ., PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION DELRA Y BEACH, FLORIDA REPL Y TO: JANUARY 9, 1992 ATTACHED PLEASE FIND COPIES OF PETITIONS FROM PROPERTY OWNERS IN THE IMMEDIATE AREA WHO BELIEVE THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY ZONED MARINA HISTORIC DISTRICT, PALM SQUARE SHOULD BE CLOSED AT THE NORTH END BETWEEN THE COMWiliRCIAL AND THE RESIDENTIAL AREA, WITH A TURN AROUND. ~~. ~. ALIEDA N. RILEY, THE ORIGINALS WERE GIVEN TO MR. HARDAN ON JANUARY 9, 1992 ., WE THE UNDERSIGNED, RESIDENTS OF DEJjRAY BEACH, FLORIDA, BELIEVE THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY ZONED MARINA HISTORIC DISTHICT, PALM SQUARE SHOU,LD BE CLOSED AT THE NORTH END BETWEEN THE COMMERCIAL AND THE RESIDENTIAL AREA, WITH A TURN AROUND. . DATE NAME ADDRESS 1)3/11 ~J I ~5?~ ~~ 1/3/17- @f! t?j)~~1 c-3_3'i!{At~ '~<!LUtL I J~ :j - ({L- ~ (J~-~Jv~ 31 ("R~.<M-- ~(cc---u:_ (-)< ?1... d~ 6(' ~~ (/I -1k~ ~ 1-4- '1L J~~/JU,~ 7t/7 1t:. ~ ~ ~ ' c~d~~1lh-) J_ rJ'~ftc-- ^~ ~-i9 cer~L~ I _ '-I- ')2- _ \-dJ r ~ y---}m 1-,,!-9z- 7/;r;tu.,:o i<. ~ 'w ~ t~d~ '/7(h &..IAJ~ ~ <t 71 //1/7'< .//:J;V'?ZIJ/J- " II , . \ j/f':r<:J ... I? Ih! 'jJ- .~ ()O f) . All ~ fA ~U{ ,;.4; ,/<<jq 2- ~I!t- p~,I/ 1030 Tt:wl{"flnd 0133't'6.3 :/;//2/ ---;!t~ ,L~ L~ IC~-z j,O'ttlAM~'~? /(qfq~ .' / Iffy ituik-~ ri / ~. / 'I) / /..__ /' /// 4-0 j/~ /h/f S"~. 'J ".' WE THE UNDERSIGNED, RESIDENTS OF DELRAY BEACH, FLORIDA, BELIEVE THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY ZONED MARINA HISTORIC DISTRICT. PALM SQUARE SHOULD BE CLOSED AT THE NORTH END BETWEEN THE COMMERCIAL AND THE RESIDENTIAL AREA, , . WITH A TURN AROUND. DATE NAME ADDRESS 1/r/11- ;td/lP 5t/~WW 1/ qj 9 d- I~ i2&w:tf- 54/f4u.M ~/ /Jeky1xA/r3'f[ 5 II q/ rf1-!1:1thPaf'-' ;J- 00 f7lt1;u/d ~ ( \ c, / 'u . ~ E ~"\' t \ to {c:r2 ~. l.e:>l . - l :r: l( l( , ! /9 fl tI10N h4c,o.s' ':(.1"'/ (,.J p,. ~"., .. & ", \ ! /0 2 C)uJ/~fL t-o.f... D \<.,'kca.. ..sq~<;" ~, : ,. , . THE UNDERSIGNED PROPERTY HOLDER IN DELRAY BEACH, FLORIDA BELIEVES THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY ZONED MARINA HISTORIC DISTRICT. PALM SQUARE SHOULD BE CLOSED AT THE NORTH ENDBE'NEEN THE COMMERCIAL AftD THE RESIDENTIAL AREA. WITH A TURN AROUND. DATE NAME 6PJI!Ia - 1i"2- .,;;~ J 131t~ Tlfl-~""'()..I ~ 0 ~Lr1 ~&. . , 1 ,....-...... . JANUARY 9, 1992 y~. ALEXANDER CAMPBELL, WHO OWNS PROPERTY AT 53 PALM SQUARE, HAS INDICATED THROUGH HIS AGENT, MR. STEVEN'BATES. THAT HE WILL BE IN AGREEMENT WITH THE MAJORITY OF THE RESIDENTS OF PALM SQUARE. ~~ ~, w 7 ; ALIEDA N.. RILEY I ! . I' I '. I - I i ._' t , I ., '., , ,. - ~ - ,-, .... _,. .~. _L __ _ ~ _ -0" ......~ .... /" ~J /rJ F'rr-r/o cC-- f) P l3.!uoor r0 CD N J \ PH GM. de? U v4- e... r;:- -- .. --- -- -+-- AT/-ArU11C- AJ/(;, - , - I - . 5/10 ?:)' . R~J7/)ve~N r I I ft> f. !II G f\ I I I T[jK,ve I PIt//o I \ · (fOf'E/!f ~ <t: '::t.. i-- t'- -- , . ~~ -1 :Sr E, J ~ -r ~ r: e(T'! ?i4 ~ ~ I ~ PALM SQUARE CONOOMINIUM ASSOC., INC. 35 S.E. 7th Ave. Del ray Beach Florida 33483 March 17, 1992 Mr. David Kovacs, Planning Director City of Delray Beach, Florida 33444 Dear Mr. kovacs: As President of PALM SQUARE CONDOMINIUM, I represent the 8 various homeowners located on the East side of S.E. 7th Ave. just south of Atlantic Ave. . All of us are very concerned and Frankly disappointed that the City would see fit to agree with Mrs. H. Riley to barricade Palm Square, just south of the proposed building to be built by Mr. Handlesman. We are concerned that this action will force traffic that would nomally circulate on Palm Square, including garbage and other truck taffic to re-route to S.E. 7th Ave. At the present time, our residential street is experiencing above normal traffic for those who wish quick access to the beach by not using U.S. 1 . If the resulting traffic congestion at Atlantic/Palm Square causes the DOT to require no LEFT TURN, then it will be even worse on 7th Ave. and, one of our greatest fears is that the city would unilaterlly take the TURNER propery, located right' next door to ou;' homes, to provide access to 7th Ave. to satisfy Mrs. Riley and Mr. Handlesmen. We feel it is unfair that this barricade be placed, thereby impacting our homes and its value and safety to satisfy Mrs. Riley and Mr. Handlesman. We request the City to reconsider and not go forward with this Plan~~~~~~ ~ \~\<flt ~t..~ ~\~G ~ 1..0 ~\~G ~~~ , ~ - . '. [ITY OF DELRAY BEACH ~ (~.r~ ,-'.J \' i ~... ,:',.': ~" . " ; . DEIR:"" REM'H FLOfllDA33444 . 407/;:>437000 lVIarch 20, 1992 Dudley Remus, President Palm Square Condominium Association 35 S.E. 7th Avenue Delray Beach, FL 33483 Re: Trial Closure of Palm Square Dear Mr. Remus: Thank you for your letter of March 17th. I understand that this topic will be reconsidered by the City Commission at its meeting on Tuesday, r.1arch 24th. I have forwarded your letter to the City Clerk so that it will be included in the City Commission's background information. Cordially, U \~ 0-Jc<-~~~ -. L{JJ-~O,~ David J. Kovacs, Director Department of Planning and Zoning DJK/cm c: City Clerk Ci ty [VIanager Project File Ill' E; f' '; ^ ,',,\ys M;\lTH~C'. ., ~ f)"A ""tlV 1/.... ~ t> - J) 1:> l:::oo,,~5 Via Fax: 407-243-3774 a(!,. Ac-'I td.v) 71"1-.9fH ~ /It:{ I tl;l 7. ~/.v) 71"1-tftftftJ U.S. Mail oLaV€! [Realty 9. .LJ. !AD<<> ~~ ~~y~ ::'~C~/II~D ~~ ~" .A:' ~ /()6'()J '9 ~ Clly "'A ~ W4Gf/I'S March 13, 1992 OFF/C[ City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Palm Square Gentlemen: It has come to my attention that the City intends to barricade a por~ion of Palm Square thereby restricting through traffic. If the intended barricades are placed where I have been led to believe they will, which is at the most southern line of properties owned by Patio Associates on the west and Coastal Associates on the east, then traffic entering Palm Square from the north after the erection of the barricade will be forced to make a U-turn to exit. The street, being only some 20 feet wide will not accommodate a U-turn without crossing our boundaries. Infringement of our property lines is not something we will permit or tolerate and we ask that you notify the police department to keep traffic from completing turns on our properties. We are reluctant to build our own barricades and as the information concerning the proposed City plan has just reached us, we have not yet had a chance to review it or react to it in its entirety, nor have we had a chance to submit it to our legal department for evaluation. It seems to me that whatever the perceived problem is, it would have made more sense to have a workshop session be- fore taking the contemplated action. As our properties are directly involved in the Council action, it seems reasonable that we should have been invited to any discussions. We ask that you protect our property rights and respectfully suggest that you take no further action prior to hearing from '. , City Manager March 13, 1992 Page 2 our counselor before a meeting is held in which the workability of the contemplated plan can be discussed. Ve~truly yours, // Y'- ~{./~~, (l#~~.t<!eL~~_-1!vl . Burton Handelsman ~/ BH/ja cc: Arthur J. Menor, Esq. Jeffrey Kurtz, Esq. City Attorney Via Fax: 407-278-4755 Dick Raab Via Fax: 407-276-5755 --.-.... .---- - - PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION DELRA Y BEACH. FLORIDA RECEIVED 3/~J-flqd- /"'/(;- ~5PPXLW:SQUARE '- r; '1 'R.l11 , C\1Y CLERK DELRAY BEACH. FL. HI 33483 March 23, 1992 Mrs. Allison Harty City Clerk City Hall Delray Beach, Florida 33444 To the City Clerk: We of the above named organization would like to appeal the Historic Preservation. Board's recommendations made regarding the Patio Shoppes on March 18, 1992. The basis for our appeal is that the Board refused to recognize us to give any input during the discussion of the site plan. We feel the discussion was incomplete as the parking problem, including the valet parking problem, was not addressed. The truck unloading discussion and the size of the restaurants and seating were likewise not discussed. We felt it was fair not to discuss the closing of Palm Square, as the Commissioners had already voted to do so. However, Sandy Simon was allowed to give his opinion. The Planning and Zoning Board was kind enough to notify the members of our organization of the meeting. Naturally we thought we would be allowed to make some comments. We ask that the City Commission hear this appeal. vz;:::zury, I Alieda N. Ril y, c~ {i,f( ~C. R, Roberts ~~~ ames L. Bowen cc: Historic Preservation Board Planning & Zoning City Manager " - .' [r~~>' OF .DtlRAY . ..... ';:I., .. '. "'~;' " < ..~ ..1..;,;.( 1. .... ~ '~ March 24, 1992 Alieda N. Riley, Chairman Palm Square - Marine Way Homeowners Association 65 Palm Square Delray Beach, FL 33483 Dear Ms. Riley: This will acknowledge receipt of your letter of appeal dated March 23, 1992, with respect to the Historic Preservation Board's recommendations made on March 18, 1992, regarding Patio Shoppes. The referenced letter of appeal was received by me on March 24, 1992, at 9:10 a.m. Sincerely, . ( Ii I J . "l ", ' I,c., ;_ II 1(/ ul_ /iufr')(~~ZV Alison MacGregor Harty City Clerk ., ,,' .- 18 . ,... qa, ~""NI."'P 'au qa' ",p If 0 .,... .au'"p W . 3 I rica~ . ~I ~ ;. W - ,... W ...1- ~ iln~ i! ;~d I 00. .-'1 D ~ .~.p N ~a ~CIII . . 1~18 W z~ . ou_ Ch ... a I~_ era ..c!i ~i .cou .. ~-= 1 I, . , . W I , , 1 a: I .. ~f ' . , , <3 . .. .. tn , ' i 2 . ' j ; li . D. .. z~ 3 e ~I ita: ~a:1 I .c ~- 8:s: Ie CJ z_. j , 1...,1 ie_ u~ Zc ~ liCf !.a. - , , I " , .. t : -_ I' :' I ' , I " . II z z a~ i I i " . 1 a: a: " I!! ~ . , Ii I ' . u . ' , 0 c " Z Z " S '.' S -- , . I .1 ......,...,.....-,y..... '.-, ..-:.:,;f";.... ".,r~~ "o..~ <.'.....,~;'~..' \.. ~ ," '''_W~.- .."..... ',.,.- -..,-:- ,- ' " ~~.."--".....,.;....'.;... eD i ,w.w qa! 'l!'l.A,,,,,w.JP 'al.A qa! .Jp '10 w.waw ~ . U I w 0 ar"c. ~I ~ ;, - ,.. w - to- r-c "I" r 00. III<<nU ~ 0 i I~~ i~ ~Ji I a:,.- .~wp _A. 2~1IIa: ~ QI I ICeD ~ Z~.J. ...0 ....::>>uti . en p D Jc~ ell ..c~~ C% COUIII A.(/) en W 1:1:1 I I ' C 1 .. ::) 0 UJ Z :E I ~ Z C ~ li ~ ~ 2 ~ zi ~ Ic i c .. c 2., i:J:CJI I 1111 CflO.1 I ~ tf ~8~ . c I!f Zcc :J: III Q. Co) - Ii . . ...--- --- z -- ! I I I' 1 " ~ , ~ :J: I I I 1 0 Z i . \ -- \ . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ./ FROM: CITY MANAGER"~ SUBJECT: AGENDA ITEM # CfE - MEETING OF MARCH 24, 1992 SELECTION OF ARCHITECTURAL FIRM/FIRE STATION NO, 5 DATE: March 20, 1992 This item is before you to rank the top three or four architectural firms and to authorize staff to negotiate a contract for architectural services for the development of Fire Station No, 5. On February 26, 1992, a Request for Proposals was advertised; and subsequently, 14 responses were received, A proposal review team, consisting of key staff members, was created, They reviewed the proposals, rated the firms, and developed a short list for interview and selection by the Commission, The top four firms are as follows: 1. MPA Architects, Inc. 2, Gee and Jenson 3. Slattery and Root Architects 4 , Shoup/McKinley Representatives from these firms are scheduled to make brief presentations at the March 24th regular meeting. Recommend that the Commission rank the top three or four architectural firms and authorize staff to negotiate a contract for architectural services for the development of Fire Station No. 5, f!nfJi:-E/J /- GE-E..-+- JenSon .;( - SIA~ 9- /:oof -3 - ..shoup / mt!..;:!.ill /E.Lt 4- mPR ~ Clwfh~ fa ~{Ud:L JlJ-L ct- J~ -5-0 ., . [ITY DF DELRA' BEA[H . ~ .~J':' .jc:",-~ "'-O'iiDA 33444 . 407 243 ;GOG MEMORANDUM TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: Architect Selection Fire Station #5 DATE: March 13, 1992 On February 26, 1992, Requests for Proposals for Architectural Services for Fire Station No. #5 were advertised. Proposals from fourteen firms were received on March 6, 1992. A proposal review team consisting of Kerry Koen, Fire Chief, Ralph Hayden, City Engineer, Ted Glas, Purchasing Officer, and myself reviewed all proposals, rated the firms, and have developed a short list for interview and selection by City Commission. Criteria used to rate the firms were: L Experience of the firms and their project team in fire station design and construction. 2 . How well did their existing designs, floor plans, and/or conceptual plans meet our needs. 3 . Did the plans submitted appear to be readily adaptable to our needs with little modification. 4. Indicated design time. 5. How well did the firm appear to understand our needs and work flow within the facility. Firms were not automatically rejected if they did not have design drawings of an existing station. If they had a good concept plan they were considered. Some firms submitted construction cost estimates, however ( this was not requested in the RFP and was not a prime criteria of the selection team. Although the firms short-listed do offer a spectrum of design with apparent varying costs. T..,- EC:cC'::'f"T ALVoJAYS MATTERS .. ADDITIONAL INFORMATION ARCHITECT SELECTION FIRE STATION #5 FIRM DESIGN DATE MPA Architects, Inc. Palm Beach County Station #34 1991 Palm Beach County Station #33 1988 Gee & Jenson Seminole County Fire Station #27 1990 Dunedin, Florida Station #3 Unknown Slattery & Root Architects Fisher Island Fire Station, Miami 1990 Shoup/McKinley Boca Raton Station #3 1968 (Submitted Concept Boca Raton Station #4 1971 Plan Only) Boca Raton Station #5 1980 Del Trail Station #5 1980 Del Trail Station #1 1982 Del Trail STation #6 1983 Boca Raton Station #6 1986 ., " - 12) Seckinger Arango Architects P.O. Box 5518 Lighthouse Point, Florida 33074 13) The Smith, Korach, Hayet, Hayne 5059 N,E. 18th Avenue Ft. Lauderdale, Florida 33334 ;; 14) Slattery & Root Architects ~. 1098 N.W. Boca Raton Blvd., Ste 2 Boca Raton, Florida 33432 .. . . ARCHITECT SELECTION FIRE STATION #5 Page 2 Staff is recommending that the following firms be interviewed: 1. MPA Architects, Inc. West Palm Beach 2. Gee & Jenson West Palm Beach 3. Slattery & Root Architects Boca Raton 4. Shoup/McKinley Boca Raton These firms have been notified to appear at the City Commission meeting on March 24, 1992. They have been instructed to limit their presentations to 15 minutes. A list of all firms submitting proposals is attached. Detailed submittals with plans are available for review in the Purchasing Office. RAB:kwg cc: Kerry Koen Ted Glas Ralph Hayden .. '. RFQ #92-25 FIRE STATION #5 SUBMITTALS RECEIVED: (> 1) MPA Architects, Inc. 1551 Forum Place, Suite 400A West Palm Beach, Florida 33401 2) Ted Hoffman Jr. Architects 266 Giralda Avenue Coral Gables, Florida 33134 3) Robert S. walters. A. I .A. 620 S_E, First Street Ft. Lauderdale. Florida 33301 4) Davis & Will Inc. 3467 W. Hillsboro Blvd. Deerfield Beach, Florida 33442 /' e> 5) Gee & Jenson One Harvard Circle P.O. Box 24600 West Palm Beach. Florida 33416-4600 6) W. R. Frizzell Architects 5600 PGA Blvd., Ste 200 Palm Beach Gardens. Florida 33418 7) Bellon & Taylor STE 200 11020 N. Kendall Drive Miami, Florida 33176 "'. ! 8) Shoup/McKinley --- 500 N.E. Spanish River Blvd., Suite 19 Boca Raton, Florida 33431 9) The Onionskin Partnership 333 N. Orange Ave., Ste 210 Orlando. Florida 32801 10) George K. Wasser, A.I.A. 96 Lindy Lane West Palm Beach, Florida 33406 11) Robert McDonald & Associates 915 Middle River Drive Ft. Lauderdale, Florida 33304 ., " . . " ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ,..";(/1 v SUBJECT: AGENDA ITEM i ~ ;= - MEETING OF MARCH 24, 1992 REOUEST FOR MODIFICATION OF STANDARDS/911 EVE STREET DATE: March 20, 1992 This item was continued at the March 11, 1992 regular meeting in order to provide staff with the time to notify adjacent property owners of the request for modification, The affected property owners have been notified; therefore, this item is before the Commission for action. The request is to permit an existing dock, constructed by a previous owner without a permit, to remain as constructed within 10 feet of the adjacent property line. The current property owner was not responsible for the construction of the dock in this manner, The City Engineer has reviewed this request and recommends that a modification of standards be granted as this situation does not endanger the public safety and welfare. Recommend approval of the request for modification of standards to permit a dock to remain as constructed at 911 Eve Street. ., '. - . .. . , Agenda I tem No.: AGENDA REQUEST Date: Request to be placed on:' Regular Agenda Special Agenda Workshop Agenda When: Description of agenda item (who, what, where, how much): Request a variance to permit an existing dock to remain as constructed within the 10' setback located at 911 Eve Street. ORDINANCE/ RESOLUTION REQUIRED: YES Recommendation: Community Improvement recommends approval of the proposed variance pursuant to the provisions of Section 7.9.4 of the Land Development Reg1l1~t;on~, ~4~ - Department Head Signature: ~ ( Determination of Consistency with Comprehensive Plan: City Attorney Reviewl Recommendation (if applicable): Budget Director Review (required on all ite.s involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ., " MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~ SUBJECT: VARIANCE REQUEST FOR DOCK AT 911 EVE STREET DATE: MARCH 18, 1992 ITEM BEFORE THE COMMISSION: - - G.E.V. Management Ltd., current owner of the property located at 911 Eve Street, is requesting City Commission approval for a variance to permit an existing dock to remain as constructed on the property line with a zero setback. BACKGROUND: Per Section 7.9.5 (B) of the LDR's, a 10-foot setback is required for construction of a dock. The subject dock was built without a permi t, on the property line, prior to the current owner obtaining the property. As a courtesy, we have sent letters to the surrounding property owners advising them of the variance request and asking if they have any objections. As of this date, we have not heard from any of the property owners. Section 7.9.4 of the LDR's allows for modification in the standards if it is determined that the situation would not endanger public safety and welfare. The Engineering Department has inspected the dock and have determined that it does not endanger public safety. RECOMMENDATION: The Department of Community Improvement recommends approval for the variance request to allow the existing dock to remain as constructed on the property line within the 10-foot setback, which the Engineering Department has determined will not endanger public safety and welfare. LB:DQ Attachments D12 Docks.CC "I ;Ii . -f'"t) OJ, t;, en"'-'" . 6..,...1...........-<- ~1.~~ G DEPARTMENT OF ENVIRONMENTAL SERVICES '.-,,' HEHORANDUH TO: GENE BROWN BLDG INSP/CODE ENFORCEMENT FROM: RALPH E. HAYDEN, P.E.~ CITY ENGINEER DATE: FEBRUARY 20, 1992 SUBJECT: VIOLATION NOTICE - CASE G098-97 WAIVER RECOMMENDATION - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - The above referenced situation at 911 Eve street is one in ~hich a dock has been placed closer than 10 feet to the property line (a violation of section 7.9.5 (B) . The current property owner was not responsible for the construction of the dock in this manner, and in our review this situation does not endanger the public safety and welfare. ,~ Therefore, under the provisions of Section 7.9.4 I am \...~....' recommending that a modification of the standards be authorized by the City commission in this case. If you have any further questions regarding this matter please contact me at 243-7322. RH: kt cc: David T. Harden_ cltyKanager\ Gerald K. Culliton 56 Albert Street P.O. Box 846 Stratford, Ontario N5A 6W3 File: Interoffice Memos: Memos to Code Enforcement RHGB220.kt .....----. .. '. , , ", 'J .. '1:"": --- F. i . . ; . I ' r . MOUNTAIN, MITCHELL. HILL. MONTEITH & RITSMA BARRISTERS AND SOUC'TORS 0 IIg.r~ ~ ..g....T...'.. .. A~.IIIT .T.llrT ..,0....&... .. ,....'te...".. ... O. .OX .... _,,,.v c. ....&.~ 8TAATP'OfllO. OH1''''''O .TC""'<<" t. ..aNTI"" N~'" .W~ .cAY"_"''' w. ..."....... TCIol C.'.' .71-.770 OII1.....D.. CULL.'TO.. FAlC. .6'.1 171....' G. K. CUlliton ..lol....C ""ell TO.,...... .... .......,......", ........... ...... ............... February 14, 1992 City ot Delray Beach Enqineerinq Office 434 South Swinton Avenue Oelray Beach, Flo 33444 Attention: ,. Dear Mr. Hayden: t i. RE: Our Client - G.E.V. Management Ltd. Property - 911 Eve Street, Delray Beach, Florida Lot 16, Tropic Isle We are writing as the lawyers tor G.E.V. Management Ltd. which is the owner ot the above named property and which has received the enclosed violation notice. Our client purchased the property during December, 1991 and prior to closing had no notice of the violation ot chapter 7, section 7.9.5 of the city's Code o! Ordinances. In particular, the violation was not discovered by the Gulf Atlantic Title Agency Inc. , title insurer in Delray Beach and was not disclosed by the previous owner. Enclosed 1s a copy ot a survey tor the property. Our client intends to obtain a variance to comply with your Code or Ordinances. Would you please provide us with your application form and any other information we will require to complete the application. Would you also advise us when the city's Code ot Ordinances regarding the set-back of docks was passed and advise us if there is a "grandfather" provision which would make a .../2 ., , ;:. ,'<..b 14 '92 18:04 MOUtHAlN,MITCHELL P,2 ~jO"\JNTAIN, MI'TCHELL. HILL. MONT~ITH & RrTSMA . (0 -2- variance unnecessary in the event that the dock was in place bet ore the ordinance came into eftect. ~lease provide us with the date when you believe tn- dock was constructed. A copy of this letter is beinq sent to Mr. Gene Brown, Code Enforcement OfticJer, Mr. David Harden, city Manaqer and to Gulf Atlantic Title Agency Inc. Our client will promptly comply with your violation notice and is requesting your assistance to do so. Yours very truly, MOUNTAIN, MITCHELL, HILL, MONTEITH & RITSMA .or Per ,: Gerald K. CUlliton GKC /1.h c.c. G.E.V. Management Ltd. c.c. Gene Brown, Code Enforcement Otticer c.c. David Harden, City Manager 0 c.c. Gulf Atlantic Title Agency Inc., Oelray Beach ('~ : ~ \.:. .' ., '. , \is'i~ 14 '92 18:6Ej !'X.U'iTFlIN,MITOUL P.5 t , . - . e., " '. a.-I B1'7~h~;~:;;;to~1 ;;;:~~~ 334~ Phone 392..Q129 . , --sz:..:: ,0 . ":-0 ~ '25' I . ~ . , ~..,~ .",.:.:... . '~19"- ,. '. . , '-~ ~ . \~ ' . ~ , . ~ , ~ ~ f] ~ ~ ~ I 40./ "- ~ r-' . ~ . ' "'--J ' ~ ~ ~ ,," - -... -'l"t,-.-- . .. - .~.~ , . . . , . - -- ..........---~ \ ~ I "') I ... :... . . . r '- .~ ,. I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER IN SUBJECT: AGENDA ITEM tt q]) - MEETING OF MARCH 11. 1992 REOUEST FOR MODIFICATION OF STANDARDS/911 EVE STREET DATE: March 6, 1992 We have received a request for modification of standards from the property owner at 911 Eve Street to permit an existing dock to remain as constructed within 10 feet of the adjacent property line. The current property owner was not responsible for the construction of the dock in this manner. The City Engineer has reviewed this request and recommends that a modification of standards be granted as this situation does not endanger the public safety and welfare, Recommend approval of the request for modification of standards to permit a dock to remain as constructed at 911 Eve Street, p~ 6:; c3juy 19 d- - Oo~ ~lcJiT70n ~ Su.f:..eoUJl 0 In 1 peops~ Ow n Ee;s '. " , ~oojls~ . tvJj~ ~CcOC4..-> . DEPARTMENT OF ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: GENE BROWN BLDG INSP/CODE ENFORCEMENT FROM: RALPH E. HAYDEN, P.E.~ CITY ENGINEER DATE: FEBRUARY 20, 1992 SUBJECT: VIOLATION NOTICE - CASE G098-97 WAIVER RECOMMENDATION - - - - - - - - ,"- - - - - - - - - - - - - - - - - - - - - - - - - The above referenced situation at 911 Eve street is one in which a dock has been placed closer than 10 feet to the property line (a violation of section 7.9.5 (B) . The current property owner was not responsible for the construction of the dock in this manner, and in our review this situation does not endanger the public safety and welfare. Therefore, under the provisions of section 7.9.4 I am recommending that a modification of the standards be authorized by the City Commission in this case. If you have any further questions regarding this matter please contact me at 243-7322. RH:kt cc: David T. Harden, City Manager Gerald K. Culliton 56 Albert street P.O. Box 846 Stratford, Ontario N5A 6W3 File: Interoffice Memos: Memos to Code Enforcement RHGB220.kt ., " FEE: 14'92 lE:: CJ::: r'10Ut'1TAH'1, r'lITCHELL F',l "~ '" , ,.1 , c" . MOUNTAIN, MITCHELL.. HILL, MONTEITH & RITSMA aARRISTER$ AND SOLICITORS 111I8EII" f!, "IILlNT....N S(, AL.IlCRT aTREET ...Ig....~&.. K. MtYCHl:lr1. P. O. BOX 846 PElIt'"v C. "'11.1. 6TRATFCRO. ON1"4RIO .T<<P.t1I:N e. MONTeiTH N5A I!>W3 tCA"tW.VN 1l.4. RITS....A TEl.; (lUll) ~7t-e;770 ~CA"'&.D 1(, CULt..ITO'" J:'A.:.c~ t~19} ~.."-g~,,, G. K. Culliton PI.EASli: RC'CFl TO............."'......... '," ,,,......... "...... ..'.......... February 14, 1992 City of Delray Beach Engineering Office 434 South Swinton Avenue Delray Beach, Flo . 33444 Attention: Dear Mr. RE: Our Client - G.E.V. Management Ltd. Property - 911 Eve street, Delray Beach, Florida Lot 16, Tropic Isle We are writing as the lawyers for G.E.V. Management Ltd. which is the owner of the above named property and which has received the enclosed violation notice. Our client purchased the property during December, 1991 and prior to closing had no notice of the violation of chapter 7, section 7.9.5 of the city.s Code of Ordinances. In particular, the violation was not discovered by the Gulf Atlantic Title Agency Inc. , title insurer in Delray Beach and was not disclosed by the previous owner. Enclosed is a copy of a survey for the property. Our client intends to obtain a variance to comply with your Code of Ordinances. Would you please provide us with your application form and any other information we will require to complete the application. Would you also advise us when the city's Code of Ordinances regarding the set-baCk of docks was passed and advise us if there is a UgrandfatherU provision which would.make a .. ./2 , " FEE 14 '92 18:04 MOUNTAIN,MITCHELL P.2 . . . MOvNTAIN: MITCHELL, HILL. MONTEIIH & RITSMA -2- variance unnecessary in the event that the dock was in place before the ordinance came into effect. Please provide us with the date when you believe tna dock was constructed. A copy of this letter is being sent to Mr. Gene Brown, Code Enforcement Officjer, Mr. David Harden, city Manager and to Gulf Atlantic Title Agency Inc. Our client will promptly comply with your violation notice and is requesting your assi,stance to do so. Yours very truly, MOUNTAIN, MITCHELL, HILL, MONTEITH & RITSMA Per " Gerald K. CUlliton GKC/1.h c.c. G.E.V. Management Ltd. c.c. Gene Brown, Code Enforcement Officer e.c. David Harden, city Manager C.c. Gulf Atlantic Title Agency Inc., Delray Beach 'I " FEB 14 '92 18: 04 rvl0.Ur~TAIt'j, MJTCHELl... F'.3 . ' } . . ' ...'~ITlONAL REPAIRS MAY BE I, .-r II:, . IT IS NECESSARY TO REQUIRED TO CONFORM TO CITY I BAING THIS VIOLATION CODES. PLEASE DISCUSS wrrH CITY OF DELRA Y BEACH NOTICE WHEN APPlYING FOR THE BLDG. INSPECTION DIVISION APPLICABLE PERMIT(S) WHEN OBTAINING PERMIT(S) Code Enforcement Division VIOLA TION NOTICE Case No.: r;. 09 f" 9d-- Investigation Date: I / 1..-1 / '1'1-- REINSPECTION / /1// q().. RESULTS Violation Issuance Date: - Jfvt: Date; By~ Address of Violation: tfl( ?/. Delrav Beach. Florida 1. j / Legal~ Lei' \(.. lL(l> f't c.. :r ~ L-~ 2, / I P.C, Number "^ 3. / / 1 G E V HGMT. L TD . 4. / J Owner: - 1144 ONTARIO ST. Address: _ STRATFORD ONTARIO, CANADA 5 I ( PLEASE NOTE: YOU ARE IN VIOLATION OFTHE FOL.l.OWING PROVISION(S) OFTHECITY'S COOEOFOROlNANCES: L. D J?- Chapter: 7 Section: I. 1. .t7 1 2 3 4 5 Which Requires: --c:t:>r~S N.bT -ro be:. c,{L) 7 e: 12- "'n-t A.. ~l IO~ fo A9JA<;.~~T ~~Z!'i L, hl J;:;; ~ ",N G 7.q, Chapter; Section: Which Requires: Violation may be corrected by: - - Ch apler: Section: WhiCh Requires: Violation may be corrected by: 'Chapter: Section~ Which Requires; Violation may be corrected by: You have Y days from the above issuance date to correct the above viOlation(s). Failure to comply with this VIOLATION NOTICE may result in imposition of fines up to $250,00 per day per violation, ~0 ~ENF~E. / / DATE DIVIS N ADMINISTRATOR SIGNED CODE 400 (407\ 243-12-z..1' ., ,. rEB 14' '32 1:3: 05 r'lC1UNTAH-t.t'lITCHEL,L P.4 " . ~ , section 7.9.3 . Section 7.9.3 Maintenance; Abatement as Nuisance if Unsafe: (A) Docks, dolphins, finger piers/,~nd boat lifts shall be maintained by the property owner iIi'" a safe condition, as determined by the department designated by the City Manager. (B) A dock, dolphin, finger pier, or boat 11ft. which is determined to be in an unsafe condition is declared a public nuisance and may be abated in accordance with the provisions of subsection 100.20 through 100.28. Section 7.9.4 Modification of Standards for Approval; Appeals: (A) Upon the recommendation of the City Enqineer, the Commission may authorize a modification in the standards for approval as set forth in various Subsections of this Article 7,9, if it is determined that the requirements of these sections would ,~be feasible or WOll constitute a s a instance, an rOVL e t at a I119di f j catj on \vould not endanger public safety ari~welf~re (B) Should the City Engineer recommend against any request for modification of the standards for approval as set forth herein, the applicant shall have the right to appeal that decision of the City Engineer to the Commission; by flling a written request to the City Manager within ten days after the decision of the City Engineer. The commission shall conduct a hearing on the appeal at a regular or special Co~nission meeting and shall render a decision within a reasonable time after the hearing. DOCKS Section 7.9.5 Standards for AERroval: A dock may be permitted 5ubject to the following conditions: (A) A dock, exclusive of dock pilingsr shall not project more than five feet into a waterway from the property line or seawall or bulkhead or seawall cap, whichever is nearest to the waterway. In no case shall the dock extend more than eight feet beyond the property line. (B) When the plot frontage along a body of water is 100 feet or less, only one dock is permitted, 'l.'he dock shall not extend closer than ten feet to the property line of adjacent property or the distance established for the side yard setback whichever is greater. Rev. 4/91 Rev. 10/14/91 7902 ., '92 18:06 f"10Urm:UN,I'1ITO-lElL . F' <:' ....QWI 1Q1 1".~'.\o1 ~'." VQ Jtll'd '''. ' , . - ,.' " e....'817 Sacs Raton. F'orid'~ 334~ Phone 392.0129 . . :.\ ~ C ~.o ~ , .~'. ..' , '2.? I - .,..::"'..'.,".."fi'Ti~ ., ~':1 \t.o 'l.., ~ ~ , ~ '" ~ q, " tl ~ ~ S 40./ " ~ I "- t< ~ "--. ~ ~\ ~\". . ~ - -,' -"'f.:";/}"._~.._,,-, " ..-- , . . y.. ,"f,1,~~ . .'l. . ._......-........_...~.--......- _._a ......4'....__..-~:._.._".--_... .~_.._~.. I. ....................... ~ I \ I\) "- :~:\ /"") \ ~tJ/' . , ... ~ / ~ . ~ Sea1?.J:S-~ lra./ . _ ~/~,. - - ~ t, t" I It ~{)P/c 'J:St. 6' ACCORDING '1'0 '!tiE PlAT "l"HtREOf RCQ)ROCD iN PW' ~pNJj; ~J.r OF" '1HErPtiBcrc REt:.l)ROO-bF ~a,,{'TJ &~aJUNTt 7 nD.PJ:nA.. ~~..~....~,.:,'"'ii~~.",A,FO.!~cl?~~. ~,f':t~d~c./t'>~~'1 _._._,_..._._." _ _...:~. .~., .,.. l..,....t.:l .'. I -'. ... . 7 . I HEREBY cERT.IN' 'IHAT '!HE M"l'AOiED SKETCH Of SURVL'Y IS 'A REPRESDftJa'ION OF' 1HE LAND PS RECENTLY SURVE'iED UITER MY :oIRECI'ION ANb IS TRUE AND O)RRCcr 'IO 'lliE BEST OF M'i KNOWlllGE NID BF:L1EF MD 'lHAT IT MEJ:1S IHE 11INlrfJoi reamr CAL STANIlA.RDS AS S.E.'T FORIH BY 1HE: fLDRI Qi\ OOARD OF lRID SURVE'lOFS. ,0 . "----"-~'~=~","--- . DI\TE: ..Ie:?.. ??...g j .. ~~ lAND.' '$JRvtnNG F.B. A" RI.. '77 . " ~ '0 '_ '- \ -=- .-'- . , '. .,,~ I NO!t: . niIS SURVL'i WAS NCff ABS'mCl'E:D FOR CoW. ... '.. .... y .. '~P, ~'S OR RtGi'l'S..-or-WAY.. ProFESSI~ ,_ 'D StJRVEYOR ,. 3Jl ; BY 'DUS FIRi . STATE OF l1.ORIDA. &~"d~"'1 I;' .J<tJ 0:01' 0:1'1 q /f~ $ .)/:4.,.....0/ If}! /l'f.jJ'"i1J'.1 Ked"'? ~<?,~...: . ,;. ~. , ;' ~"-S()c;c./~J Qr ~;''l(, dl' c(M"I...t:<.e.I,'d.>1 dl ;I;Jt' !%u.r~' ", .- ".'. ,~ _ __ {>-':':~;,:, ~i t!Sb 8 'I ",t!!1'7:Ji'e...,.s('id'i/~"" . 1___. -_I .&~.- ...dllft..I'_......_,_ .....- . -::.... '" 'J ""-'Ill' . . .. , . ~ 5-0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER /(;J SUBJECT: AGENDA ITEM i qg - MEETING OF MARCH 24, 1992 CHANGE ORDER NO, 4/ELKINS CONSTRUCTORS, INC. DATE: March 20, 1992 This item was continued at the March 11, 1992 regular meeting in order to allow staff to review alternatives with regard to the proposed flooring system changes. The change order has been modified as follows: 1. Installation of seamless epoxy flooring systems in the North and South Buildings at a cost of $11,433. This flooring system is necessary as the current floors are actually the top slab to the potable water storage tank, The epoxy flooring will protect the water supply from any spillage of chemicals stored in the room above the tank, 2. Installation of a rubber tile floor with a vinyl base in the control room of the south building; no additional cost. There are sufficient funds remaining from the existing allowance for tank contingency repairs to cover this item, 3 , Paint all existing interior walls and ceilings in the North and South buildings; no cost. This can be accomplished by City staff at a later date, unless the Commission wants to proceed at this time, 4 , Paint all existing pumps and associated piping; no additional cost. There is sufficient funds remaining from the existing allowance for tank contingency repairs to cover this item, Recommend approval of modified Change Order No. 4 to the contract with Elkins Constructors, Inc. in the amount of $11,433 with funding from Water and Sewer - North Plant (Account No. 441-5162-536-60,93), . - '. Schedule "A" Improvements to North storage Tank (90-22) Change Order for treatment of interior floors and walls 1. Seamless epoxy flooring system for the North and South Buildings. Does not include pump room in south building as that area is in existing contract. Flooring system shall be brought up walls four inches to form a base. Flooring system to be in accordance with See 9705 of the specifications. These floors are actually the top slab to the potable water storage tank below. They will protect the potable water supply below from any spillage of chemicals stored in the room above. It is recommended by our consulting engineer and staff that this epoxy flooring system be used. This flooring system is compatible with similar used floors at other existing city facilities such as the Water Treatment Plant and Miller Tank Booster station. It will provide a durable, long lasting, waterproof surface to protect the water supply in the tank. The unit price cost for this system has been verified and is comparable to unit prices we have received on past projects for this work. The specification was per our consultant's recommendation. There was no finish designed on these floors as the interior use at the time of design and bid was not known. At this time, their intended usage will be for miscellaneous storage. By providing this flooring system, the liability of any accidental spillage seeping into the tank is minimized. $11,433.00 2. Rubber tile floor with a vinyl base for the control room in the south building. Rubber tile and vinyl base shall be the same as specified and installed at the Miller Tank control room. This work can be completed using remaining monies from the exising allowance for tank contingency repair already in the contract. - 0 - , . 3. Paint all existing interior walls and ceilings in North and South Buildings. This item is not mandatory at this time. The exising walls need painting, but do not pose any hindrance to the intended use for storage nor do they pose a threat to the water stored below in the tank. City staff could complete this item as "fill in" work at a later date if City commission doesn't want to proceed at this time. In addition, paint all existing pumps and associated piping. This work can be completed using remaining monies in the tank contingency repair allowance already in the contract. Painting to be done in accordance with Sec 9900 of the specifications. Wall and Ceilings - 0 - Pumps and Piping - 0 - ---------- Total Proposed Change Order $11,433.00 ---------- ---------- I . u'.;, I},}! II';' J.'&'. "... ......L ... ',I , V" , ,11.'_', . '~'~'" 'd' .-.. FE8'~. 5-02 ~IED 11: 52 i ELKIN/" "f)~;;~T I JAX FAX NO. 9043P"/1103 P,Ol , ..." 11 "'~' , , . . '......m"_ ..~.. ' . ,,; ... ~I'.'l. '~.r I ....... . ... . ]~LI(INS I .... ...........~".,..,.........'.._..h.. ,. _...........'-....... C (J N S 'I' It [J U 'j' () n.~ I~' C'. ~--- . - ~ FebrlUlry is. 19~1 t.... \ " , J:'ost. 'llud:.ley. Schuh & Jernigan. Inc, 'H'ilLl;er l'a.rk. PJ.a~a , 1560 Otan~e Avenue. Sutte 700 Winter 1.Jar.k, F'L 327U9 ! Al:tcl\t:loU: llc:. J. !U.cbard Voorhees. P.t. I Uuujccl;: . I..w.l,roVeWel.\.l.;S co the NOL.th Water , - ~ S'toL.age. T'~qk. .aud Pumplun Station. : Uelray llea.ch. l'loride. I , Dear Mr. VoorheeSl TILe following proposal. is for a portion of the additiona.l work req\~sted: by Rtr~ ~o, 5. The Le~a!n~og items will be eddreaseu RS soon as p09aibl~. ; Utili no,: Illf0i)fl!.,/.~A'{'#J'~"", '::to.' ., . Suocouttac.tol:' Coat...... I....' I.....'..,.".., $4 1975 ,00 7 "'1/ '1.% '~ia!:k.-up.. . . . . , . . . . . . . . , . , , , . . . . . . . , . . . . 373.00 - . .......-... ......... ...... . ::.., . '.1:0'J:AL .,...~....~.,.; ''i''''~I~'''~:'''s"'r-~46--~ '. ' "~,~,,I,.~~~,~~i"~I,\~:,~.\~l~l'\ir':,~, .;l ,.PR1 l'r.", NO, ~.: ~"N' (J~(J9!:)' . . -~~' . '/' ,~, ,. Subc9ntractol: Cost.......,.,...,......,..,."'. ~5, GGO, 00. .7-11'].1., Kar\(.-up... I. .,., . , . ,. ,.. ...., , ." " ,.,. 4ZS. UO . 'l'OTAL, . . , . . . . ~ ",,"~'~':::'.:"'~67085. 00':,'-" . Item 1/3: -'?I.~~'~' ~< I (~.JT~--~~lYl ) -..--. ... . -----........-... .----. ---~-- $1.180.00 Subcontractor:.............................. . Marlt up 7 -1/5 %. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B9.00 To tal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I,' . $1.269.00 " .' ., . -.11. ,; lI' tl.. L' , I,) ~ J, '.'.1 I V 1.,/ II v .. " _.._. N I u.)",) L.\ \ ' .JLI\ I .. I 'W UI'': , . . . . . . . ! "Ji1H-2~-92 ~IED 12: 40 ELKINS CONST/JAX FAX NO, 9043811303 P,02 -~,~:. I EI~KINS _____-....-4_.,,~~.~___, C 0 '1'1 & T J. 11 C T 0 a S 1 N C. . -v . .' January 29, 1992- Pg$t, Buckley, Schuh & Jerntgaa, Iuc. Winter Park Pl~za 1560 Otani_ A~QQuet Suite 700 Winter 'fa.rk, lL 32769 AttenHons Hr. J. lU.eb4rd VO(),clleU, p,t. SUbj8~tl: North Wat.~ Storag~ Ta~k .. .... -.. . . aDd Pumping Station Improvements D~ray ~each, Florida Dear lir.: VoOthees' fl(~se reviaw the attaehed Itemized breakdown from Southeastern lndus~ti~l Palutiog fot the ~ork required by aFP No.4. ~!"".l'!...~ E~lBt.:ng~Iuter;o~' of "Nor{~~;.~~~Sout~,~;Bu.1~~.~;~g..s. · , · . ~4,560.00 ',..':;,;~,txist-?-tUl ,P\1mps,'~.PipinB~~~,~ ",....,.....,.,..., ... - 489,00 - -" ... .... .-. .._-_.. Total Su'bC:Ot1.tl:"ACt C~E>t........,............, $5,019.00 7-1}Z% 'Ma.rk-up.. I . . .. . , .. . . . . . . .... . ..1 · · , · · .. . . 319 .00 .,\-':.-:.~~~:.- ..-.:" ..~.,~. -r:~ -... ~~l. ....:.~.r.~:7;:'1';\:~ .. f~~" "r~~~,';'''.~VfrV1''T1:'":-:'~"''i.l~'~~1,":" -. "r," ,. ':,~n I' Io.rAL...................."......t.............:...:"t.$5.'38.00 ~ .. . If tb.iI' proposal is acceptable, ple~u;e issue. a chi1t\se order fur the above amount. Should you bav~ an~' ql\est;lon. or. eOmlUnt;e. please do nut hes1t8le to contace this offi~e, . 5incarely, EUClNS CONS'L'aUC oRS. INC. /JIL t -- H. Kevin 1 arnu1n Frl)je~t 1-lan88er BKll/keh C~: Jack W111iamo - Site , ) , . . . , 1.;.1, ':l,,'t',;; J. 1 . -i " 'UJ. H't 1.14, \.IIJ':4,. n)')"',1 1:.,\\' ~t:.l\ lI!J I.I11J -- . __......M.__..._. _ _ '.0 .._..._.J~. \ r .. . . . . - , - . . ". ';; .JAN-29-92 WED 12: 41. ELK I NS CONST I Jf\X FAX NO, 9043871303 P.03 Y'" --.... _.. . ...... --- - . a': ..... .: . :'...' I , ,t r . ~ SOUTHEASTERN INDUSTRIAL PAIN~ING, INC. . . ~t'. ,',." . 60 SUNStT ORIVt I SUI'tE. E W. MELBOURNE, FLO~IOA 32~ (401) 7Z3~70 . JanuarY,27, 1992 .. Elkln~ Con8tru.o~or5, Inc. 4S01 Beverly Avenue JacksOnville, Florida 32J1O Attn~ Keyin Rarmon ~E: City of Dolray Beach North Water Storage. Tank and PumpiP':j statiOn. - P08.[' Mr. U:arnlon, This proppaal. ~';:n t, ~dns .the brealc;down And prloing for the ehal\~iea proposed in Rr)? 1'10., 4 dL~tad JanUrU~Y 2, 1991 ana are aa followsl F.x1..$:\ t'J,lli;1 ~. n t.;;. r.tQl" surfaces walls, oelling-,s, e to . . , ',52Q SF , tabor. -l_~.:..( S;!O ~......,__~ 125 Man HOU~8 l)i\:fr.O 11 (1'1';. ,t'hea.d I J_.!LiJ...!.O O~. . 1<ta tf!! :; i tl l. ~.i t ...L1.701.0-9 I 51 galS Pr'lJn~.t" Sa! r~ i :-"X I _...J_.J 11 ~Q.2 61 gala f1ninh I COD t. _...1...J.J.2.23.~ 0 0 - OVerh(:Oill1 aHa P,rQf1t:., ...,..$, 5~S.OO .. l'l1: i(:~ : J..ji560.00 - .. ...... ,-- .. ~x1g I:.i.I\Q l?i P tng and PumP! South Sui ld1.ng . .... ;. 496 SF LalJorc \)I\~f'lQ' -" II Man HOurs . . , . ~ ~I. P~Yrol1 ~ver~ead, ~ ~f\.nn HatQrla.lst to 2. \ q 1 r\ Q. 2 ~a18 Pt"if11e:: I . .. SaleS 'raxEu' :1CL.. on r_ - ~ caals EO('\/'I'\el . COB t I _ $, 42.5 ~ tin . ~. Overhead and. Prof1 ~l. $ E;L no )? r itoe', s l\R9.no . .- '. ., . , - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ,9:'rI\ SUBJECT: AGENDA ITEM i CfH - MEETING OF MARCH 24, 1992 REOUEST FOR CONDITIONAL USE APPROVAL/LITTLE LEE CHILD CARE DATE: March 20, 1992 We have received a request for conditional use approval to convert an existing single family home, located at 206 S,W, 13th Avenue, into a child care center (Little Lee Christian Academy Child Care Center), The development proposal consists of the construction of a 163 square foot addition to the existing 2,407 square foot house; construction of a paved parking lot (nine spaces) and a vehicular drop-off area; and conversion of the side and rear yards into play areas, A similar conditional use request was approved at the April 24, 1990 regular Commission meeting, However, the use wa s never established; and therefore, the approval lapsed on October 24, 1991. The applicant now has financing available to build the project and is seeking conditional use approval. At their March 16th meeting the Planning and Zoning Board recommended approval of the conditional use request subject to conditions, A detailed staff report is attached as backup material for this item, Recommend approval of the request for conditional use approval to establish a child care center at 206 S.W, 13th Avenue subject to the conditions recommended by the Planning and Zoning Board, ~ 5'-0 " " (.)( , ,-.y,'J\ I' . C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~~G~~ THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: ~ DORLING, PLANNER II ~~ SUBJECT: MEETING OF MAR 24, 1992 LITTLE LEE CHRISTIAN ACADEMY CHILD CARE CENTER CONDITIONAL USE APPROVAL ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Conditional Use request to establish a child care center for 52 children. The project involves conversion of a single family home located at 206 S.W. 13th Avenue. BACKGROUND: The development proposal is to convert an existing single family home (on two residential lots) to a child care center for 52 children. A 163 sq. ft. addition to the existing 2,407 sq. ft. house is proposed. On site improvements include the construction of a paved parking lot (9 parking spaces) and the construction of a vehicular drop-off area. The rear and side yards will be converted to required play areas. A similar conditional use was cons ide red on April 16, 1990 by the Planning and Zoning Board which recommended approval. The City Commission approved the request on April 24, 1990. The Conditional Use was never established and the approval lapsed on October 24, 1991. The applicant now has financing available to build the previously approved project and is seeking a similar Conditional Use approval. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at it's meeting of March 16, 1992. The Planning and Zoning Board recommended approval of the request on a 7-0 vote subject to the following; '. '. - City Commission Documentation Memorandum Conditional Use approval Little Lee Christian Academy Page 2 a. Provision of a fire hydrant at the northeast corner of S. W. 13th Avenue and S.W. 2nd Street. b. Processing of a site plan which accommodates the following: * Adequate parking via one of the first three scenarios outlined in the staff report. * An acceptable solution for on-site drainage. c. Provision of a unity of title. RECOMMENDED ACTION: By motion, approve the Conditional use request to establish a day care center at 206 S. W. 13th Avenue subject to the findings and conditions made by the Planning and Zoning Board. Attachments: * Sketch plan * Location map pd/y:litt.doc ., ,';",LII " ,.,'u....,",....,~,.,.^,_.. -.- -~~->" .. -._- - .----- .._~ - -= ATLANTIC AVENUE A1 (Il]]]JIffi [ll][[ill]J . F r-J / r-1 / r-1 ~ t--1 ~I t--I ~I w LJ ~ ~ ~ > ~I -c -c -c '-- - .~ / ~ s,w, 1S r-- ) I r- r- t r- r- r- ~ ~ ;: - :r ~ It) N - - - .- .- - - - - - ~ , . S,W. 2ND III ST, - I' - - / - ~ ~ - LJ ~ ~ .,; .,; - ~ .,; - ~ - - - ~ III - - I - \ r '-- I $,W. 3RO ST. .-- I t- N~ J LITTLE LE E t- ~ CHRISTIAN ACADEMY t- . ~3'IK - t-- t- ~ t- I t- I \ I I I .~ '";' ',;.'"'",,,"~';';';'''; .~ ,- __, . It:- "1~"~I""L\."" ---L",,-I_ ". 1 ,.' '.rJ/'"I. /. 1'-- ~ ~~~' " I -- ~ . . ' ~" =-- ~ ~ V'.., j If -,. /1 '__m____':)'./' ':' V ... ~I I ---~--- -=- ---. -.-- , ----~.....- ,,___ ~t... ,t:iL.vt;;.. ~-~ !' .1 t (, .' )~:;;;''''''c :;;,':;;:,:, ~J,~'u",-" ('0 ..--" --', ___ 111 "fE.",\<:'lD f'l-...y J)i'-C-I-- \ ( ) -- ..J -~- . . I \ JOIno ~,FT.) \ L 'Go ~~ ~o ~f...",f. "t" )- #'~J~ D f'Ut... ,...q... ~: . ,- ~ ~~ ' y . . I \ ---) - "J4-E, ir~f"~'- f'll'-'( fq"'WN\ErlT-r- , ~ ~~-~ / ~ I'1'PI..:...L.. f'l .y""'" w.ri>-'/ ~- - uU..L _ ~ = --, ,,,~ '0 ~'" ! ~ , , .e:- r::...,.. S I I , l~:. /, , I ; h c: rt161i t/u...'O ~ '. -"- ~- ,......,"" ,"""',",,, v ~ r-J \I) fW."( ,,>!..:;... ,0 I \.... .. OJ 1 I _<_~_.__u, _ ') J1) ...~ ; / - . ) ir I t.( ) ) - -' >{ " <I. . -4 / t '" - ~~- '~Iv'L n ~ ~<~ lJ S ....- \- I ... . - - ('l .... - J .\ "'.. DN~ -Wf4Y <. {'~')~:~(Ef'\iU:r:T.f ---=.~l 1 ~~_ (j _ __ __,__~ l. - .J ~ 4 _II .f I .. r~ ~ WI )- .. - .- I... I 'q=.-. _ -._ ~.) !.~ . __~ _ 10"~l~'t ,,,.~ .: ? W6l~ I II ?l W F;. I- .... : 10 ,_~ 1 ... -, / ~ J. '--1' ..... ~ I! f --- / - \ :-U\I -.nfol. ! ! I. \'< I ~ f:.-1:'1o "'r'lf,z l-1r4E.. '. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGER -:r?/ I FROM: SUBJECT: AGENDA ITEM # 'L:1:. - MEETING OF MARCH 24" 1992 OPTIONS FOR ANNEXATION/HIGHLAND MOBILE HOMB PARK DATE: March 20, 1992 On February 9, 1992 the Commission initiated the annexation of the Highland Trailer Park with initial zoning of MH (Mobile Home) , This annexation proposal did not include the adjacent commercial property fronting on Atlantic Avenue. Subsequently, staff discovered that two of the three commercial properties along Atlantic Avenue were receiving City water without an executed water service agreement. Annexation of these commercial parcels is necessary to continue annexation of properties to the west i.e. Sunset Pines condominium and Delray Medical Center. The two commercial properties have been asked to voluntarily cooperate in the annexation of their properties. The owner of G & C Auto Care has indicated a willingness to voluntarily annex if approval is granted for the addition of a car wash to his site. The owner of Delray Market is generally receptive and has requested his attorney's review of the voluntary annexation authorization, If the commercial property owners do not voluntarily join the annexation petition, the only other alternative is to have them annexed via a dual referendum, The earliest a special election could be held is approximately two months after initiation, The entire cost is estimated at $10,000 to $12,000, Alternately, we could add the referendum question to either of the primary elections (September 1 , 1992 or October 1, 1992), to the regular election in November 1992, or to the March 1993 municipal ballot. The cost would be approximately $3,000, The Planning and Zoning Board at their March 16th meeting recommended that the request be forwarded to the Commission and that an ordinance be prepared for a dual referendum to include Highland Trailer Park and commercial lots 1-8 along Atlantic Avenue to a ballot, A detailed staff report is attached as backup material for this item, mOf'liT~ +hiS - \)~d-1 ~JV-f" ~ Lc~ COo if' ~. ~ - 1uuL~ ~tb-~I - ~. 1./ wEE.~ {fn nfX, OeD == - '. "', .... ~.' /' I C I T Y COM MIS S ION DOC U MEN TAT ION ~~~. - _fl TO: ~~~ ~ 7~~ - ~~, ~ ~(rTY1}<<,L" ~ 4C ~~dt-<-<f THRU: ~ /: ~. ~Lx.,.a;;L ~;lLL ~")y1- It-4 7)a FROM: I , ~~{)J.'P SUBJECT: ~&~ {J J . ~ 7/31 PRAILER C~~ /~ ~y~~ ~~L. ACTION R-x------ __ _u_ __._._____u. The action requested of the City Commission is that of consideration of the Planning and Zoning Board's recommendation that a dual referendum be initiated to annex the Highland Trailer Park and commercial lots 1-8 along Atlantic Avenue. The recommendation is related to the voluntary annexation request involving lots 9 - 170 of the Highland Trailer Park, and common area owned by Highland Park Company (north 8' of lots 1-8) and the public streets within the Highland Trailer Park subdivision. BACKGROUND: On February 9, 1992 the City Commission initiated the annexation of the Highland Trailer Park with initial zoning of MH (Mobile Home) on a unanimous 5-0 vote. During analysis of the voluntary annexation request it was identified t~at two of the three commercial parcels along Atlantic Aven~e are receiving City water without executed water service agreements. Annexation of the commercial parcels is necessary to continue annexation of properties to the west i.e. Sunset Pines condominium and Delray Medical Center. The two commercial properties (G & Z Auto Care Inc. and Delrays Farmer Market) and have been asked by certified mail to voluntarily cooperate in the annexation of their properties. City Commission Documentation Memorandum Highland Traler Park Annexation Page2 The owner of G & C Auto Care has indicated a willingness to voluntarily annex if approval is granted for the addition of a car wash to his site. The city can not guarantee approval of the modification which would require a land use change and rezoning. The owner of Delray Market is generally receptive to joining the annexation petition and has requested review of the letter and voluntary annexation authorization by his local attorney Ernie Simon. If the commercial property owners do not voluntarily join the annexation petition, the only alternative to have them annexed is via a dual referendum. The Highland Trailer Park residents who support annexation would "carry" the referendum. The following options exist for a referendum: * The earliest special election could be held approximately 2 months after City Commission initiation. Under this scenario the City would incur the entire cost for the election (wages for poll workers, printing costs etc. ) estimated to be between $10,000 and $12,000. * Another alternative would be to add the referendum to the primary elections on September 1, 1992, October 1, 1992 or the regular November ballot. Under this scenario the cost to the City could be reduced to approximately $3,000 (required advertising, ballot printing costs etc.). * The third alternative would be to add the referendum to the regular March, 1993 ballot. No significant increase over those incurred for the regular election are anticipated under this scenario. It is anticipated that by the City Commission March 24, 1992 meeting, formal responses will be obtained from the commercial owners and an appropriate course of action can be ascertained. PLANNING AND ZONING BOARD CONSIDERATION: : The Planning and Zoning Board formally reviewed the petition from Highland Trailer Park at it's meeting of February 24, 1992. At that meeting, public testimony was taken and the the item was continued pending disposition of questions relating to annexation and sewering of the commercial parcels along Atlantic Avenue (Lots 1-8) and whether maintenance responsibility for public streets should be assumed. On March 16, 1992 the Planning and Zoning Board reconsidered the annexation and recommended the request be forwarded to City Commission and that an ordinance be prepared for a dual referendum (timing to be a decision of the City Commission) to include the Highland Trailer Park and the commercial lots 1-8 along Atlantic Avenue. ,. city Commission Documentation Memorandum Highland Traler Park Annexation Page3 ALTERNATIVE ACTIONS: 1. Proceed only with the annexation of the Highland Trailer Park. 2. Provide direction to proceed with a referendum on September 1, 1992. 3. Continue with direction RECOMMENDED ACTION: City Commission discretion. Attachment: * P&Z Staff Report February 24, 1992 * P&Z Staff Memorandum March 16, 1992 : ,. . P&Z Staff Memorandum Annexation Highland Trailer Park Page 3 The City Utility Department has conducted an on site analysis of the manhole elevations in the trailer park verifying whether they can accommodate gravity flow from the south. The manholes are at a depth of 32 inches below grade and can acconunodate gravity flows from the south. Commercial parcels - Voluntary Annexation or dual referendum. The commercial properties to the south are owned by three individual owners. The owner of Handy Market (lot 6 and a portion of lots 5 and 7) has an executed water service agreement. The other two commercial property owners, Delrays Farmer Market (lots 1-4 and a portion of lot 5) and G & Z Auto Care Inc. (lot 8 and a portion of lot 7) do not have water service agreements and have been asked by certified mail to voluntarily cooperate in the annexation of the properties. Status of G & Z Auto Care Inc. The owner of G & Z Auto Care Inc. has approached the City in the past about annexing and jointly processing a site plan modification to add a car wash facility and upgrade the site. During recent discussions with the owner he has indicated a willingness to voluntarily annex if approval was granted for the proposed site plan modification. The city can not guarantee approval of the modification which would require a land use change and rezoning. However, the owner has been given the name of the contact person within Highland Trailer park to discuss his development proposal and solicit their support. The owner desires additional time to coordinate development plans and work with the Highland Trailer Park residents. Status of Delrays Farmer Market {lots 1-4 and a portion of lot ~ The owner of this property lives in New York State. A certified letter was sent to the owner and he contacted the Planning and Zoning Department by telephone on March 12, 1992. The owner was generally receptive to joining the annexation petition and has requested : review of the letter and voluntary annexation authorization by his local attorney Ernie Simon. A copy of the material has been faxed to the applicants attorney. Referendum option: If the City is unable to convince the commercial property owners to voluntarily join the annexation petition the only alternative is to annex the properties via a dual referendum. Pursuant to F.S 171.0413 Annexation procedures - Any municipality may annex contiguous, compact, unincorporated territory in the following manner: . " .- ~': ..~... -1", "'..." --~- -p.t~f~~~~~'~~-~%i;~r~j'~_~2:~~~..;;":'~;"~~,:):J~,_:.1..,::;:~.'-":,..~~:~-7'~:'-'" P&Z Staff Memorandum Annexation Highland Trailer Park Page 4 An ordinance shall be adopted by the City Commission annexing the area pursuant to procedures established in F.S. 166.041- Prior to the ordinance becoming effective a referendum on annexation shall be held. This referendum is to be held no sooner than 30 days following adoption of the Ordinance. The ordinance shall be submitted to a separate vote of the registered voters of the annexing municipality and the area proposed for annexation. If the referendum is approved by a separate majority vote from both the municipality and the area to be annexed the annexation ordinance will become effective within 10 days or as otherwise provided in the ordinance (not more than 1 year following the date of the referendum). Possible options for referendum: - The earliest special election could be held approximately 2 months after City Commission initiation. Under this scenario the City would incur ~he entire cost for the election (wages for poll workers, printing costs etc.) estimated to be between $10,000 and $12,000. Another alternative would be to add the referendum to the regular November ballot. Under this scenario the cost to the City could be reduced to approximately $3,000 (required advertising, ballot printing costs etc.). The third alternative would be to add the referendum to the regular March, 1993 ballot. No significant increase over those incurred for the regular election are anticipated under this scenario. OTHER: Street name conflict: During furtl\er review of the annexation proposal it is noted that with annexation of the trailer park there will be two City streets named Greenbriar Drive. The other Greenbriar Drive is located in the Woodvue subdivision south of Germantown Road, east of the Andover subdivision. - To avoid confusion for Fire, Police and Emergency vehicles one of the street's names needs to be changed. As the street within the trailer park has no home addresses on it, it is the logical choice for change. ., P&Z Staff Memorandum Annexation Highland Trailer Park Page 5 ASS E SSM E N T: Gi ven the short time span between the Board's February meeting and the March meeting ( 3 weeks) inadequate time has been provided for owners of commercial properties to respond to voluntary annexation requests. It is anticipated that by the Board's April meeting answers will be obtained from the owners. and an appropriate a course of action can be ascertained. A L T ERN A T I V E ACT ION S: 1- Continue the annexation request to the April 20, 1992 meeting pending disposition of the annexation status of the commercial tracts along Atlantic Avenue. 2 . Forward the Highland Trailer Park petition with a recommendation that the annexation be consummated at this time. 3. Forward the Highland Trailer Park petition with a recommendation that an ordinance be prepared for a dual referendum (timing to be a decision of the City Commission) . Under either 2 or 3 the following conditions of approval of should be attached: * Receipt of a sewer easement for the south 2' ( of the north 8' of Lots 1-8) from Highland Park Company. * Receipt of a utility easement to cover existing utilities on Lot 170 from the Highland Park Company. R E COM MEN D E D ACT ION: Board Discretion : Attachments: * Subdivision Map * Aerial ( " ",-J .. . - e. .- HIGHLAND PARK -- -- - . -- ~ 0 Q <( 0 0:: SUNSET PINES ~ U I LoT 3 - ~ cXISfI 6- ~ V;/"-I E./'tSEM Ni' ~ 2/ A~C. <( R~v CD -SOt! 121/ ~oPEI't'i' J.../lIE fI/~Ht..AN7) Pf11l (.()14 r II,..) y. N: - 1 4 5 6 7 8 ATLANTIC AVENUE Q 01- TREE OVl ~~ NURSERY a::Ct: wO ~ xL&.. VI " PLANNING & ZO :lNG BOARD . CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: February 24, 1992 AGENDA ITEM: IILB. ITEM: Annexation and Initial Zoning of MH, Highland Trailer Park Subdivision l I I I I I I I J .j ;/ ..- c ;/ I!f /' ~ ~ ~ N :J 2 - ... A 'wtNUE - "' , . . . . . . - GENERAL DATA: Owner.........................lndividual Lot Owners Agent..... .... ... ....... ......City inltiated. Location......................On the west side of Barwick Road, between Greenbriar Drive and the L.W.D.D. Canal L-33. Property Size.................16.86 Acres City Land Use Plan............Transitional and Open Space Current County Zoning.........AR (Agricultural Residential) Proposed City Zonlng..........MH (Mobile Home) Adjacent Zoning. ..............North: RS (Single Family - County Zoning) East: CF (Community Facilities) South: CG/SE (Commercial General/ Special Exception - County Zoning) West: RM (Residential Medium Density - County Zoning) and CS (Commercial Specialized - County Zoning). Existing Land Use.............Moblle Home Park Water Servlce.................Utilities exist on-site. C:::owor sprvice................ .Utilities exist on-site. III. B. I T E M B E FOR E THE BOA R 0: The item before the Board is that of making a recommendation on a proposed Annexation with initial zoning to (MH) Mobile Home for the Highland Trailer Park. The subject property is located at approximately the northwest corner of Barwick Road and Atlantic Avenue. B A C K G R 0 UNO: In March, 1956 the Highland Trailer Park subdivision was approved by the County Commission. The subdivision is made up of 160 individually owned lots and 2 common lots owned by the Highland Trailer Park Company (Homeowner's Association) . The average lot size is approximately 40' x 80', or 3,200 sq.ft. The City Attorney's office has been working with the Planning Department, the City Clerk's office, and the residents of the Highland Trailer Park to get water service agreements executed by all property owners. Agreements for all owners (162 lots, 131 residences) have been obtained and recorded. Within the water service agreements the standard annexation clause was included. With the recent voluntary annexation of the Barwick Middle School property, the trailer park has become contiguous to the City and, thus eligible for annexation. A request by telephone from an official of Highland Park Company (owner of common property in the park) was also received to initiate the annexation. Through the initiation of the annexation the City will be "calling in" these water service agreements. On February 9, 1992 the City Commission initiated the annexation of the Highland Trailer Park with initial zoning of MH (Mobile Home) on a unanimous 5-0 vote. PRO J E C T DES C RIP T ION: The site p~oposed for annexation includes 162 lots, 131 separate mobile home residences (some containing multiple lots), a common recreation tract (containing a recreation building, pool, 4 shuffle board courts) and a vacant tract used for storage of recreational vehicles. All lots are either occupied by a unit or tied to units as accessory vacant yard area. The subdivision contains public streets which are privately maintained by the Homeowner's Association. The subdivisions water is supplied through a master meter and water and sewer charges are paid by the Homeowner's Association. '! P&Z Staff Report Annexation of the Highland Trailer Park Page 2 ANN E X A T ION A N A L Y S I S: Florida Statutes Governing Annexations: Pursuant to Florida Statue 171.044 "the owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F. S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of Enclaves". * The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. However, annexation of the property will create an isolated commercial tract fronting on Atlantic Avenue. This commercial tract currently contains three commercial building (G & Z Auto Care Inc., Handy Market, and De1ray Farms Market Inc.) each receiving City water. The Handy Market (lots 6 and a portion of lots 5 and 7) is the only building which receives water service via a water service agreement. The method by which the other two buildings received water service is unclear. The three buildings are not served by the municipal sewer system. How these properties are to be sewered in the future is a concern. Access into the sewer system wi thin the park may be required. Consistency between the City and County Land Use and Zoning Designations: The City's Future Land Use Map designation is "Transi tional" and is consistent with the County land use designation of Residential (12 units per acre). Our "Transitional" land use designation allows a combination of low and medium density conventional residential uses as well as mobile home residential uses. The proposed City zoning of MH (Mobile Home) is a specialized zoning district which allows mobile home parks. The existing County zoning of AR (Agricultural Residential) does not allow the current mobile home use. Upon annexation only the City zoning designation will be applicable to the property. The annexation is being conducted pursuant to the "annexation policies" within the Comprehensive Plan which has been deemed consistent by the County. i P&Z Staff Report Annexation of the Highland Trailer Park Page 3 Provision of Services: When annexation of property occurs, services should be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Policy B- 3. 1) . Following is a discussion of required services and potential provision levels: Police: Annexation will not require additional manpower, as the police currently pass the property while patrolling the City areas to the north, east and west and south of the site. With annexation, the residents will see an improvement in response time they currently receive from the County Sheriff's Department between 4 minutes (emergency call) and 6 minutes (non emergency call) for the Delray Police Department. Fire and Emergency services: The annexation of this area will not require additional manpower. The municipal area is served by Fire Station I 4 (Barwick and Lake Ida Roads). With annexation the residents will receive an improvement in response time from the current 7 minutes of the County Fire Department (Clint Moore Road and Military Trail) to approximately 2 minutes for the City Fire Department (Lake Ida and Barwick Roads). Water: The development is currently served by a combination of 4" and 6" water mains installed approximately 6 years ago by the Highland Park Homeowner's Association. This internal system has a 4" master meter which connects to 81t and 12 tI water mains located on the east side of Barwick Road. The system;meets the required 500' minimum fire hydrant spacing for residential areas. The Fire Department has "flow tested" the system and it currently meets minimum water flow requirements (1000 gallons a minute) for fire suppression. Sewer: The development is currently served by 8" sewer mains within the park. These mains gravity feed into lift station No. 86, a small facility in the northeast corner of the site on lot 170. " ( ( P&Z staff Report Annexation of the Highland Trailer Park Page 4 Lot 170 is a common area owned by the Highland Park Company and is utilized for storage (boats, etc.). It is noted that an easement has not been provided for the portion of the sewer main and the lift station on Lot 170 (northeast corner) . In discussing the matter with the City Utilities Department an easement will be required for the main. The existing lift station is to be relocated east and north of the Barwick Middle School property with construction of the school. This location is necessary to accommodate sewer flows from the school. Streets: The streets within the development are dedicated to the public via the recorded plat. Although the streets are public the County has never accepted the maintenance responsibility for them. The streets are currently maintained by the Highland Park Homeowners Association. A field inspection of the streets was conducted and the following conditions were noted. * The streets are of substandard width - 18' versus our standard 24'. * The streets are within a substandard 40' right-of-way width. (Pursuant to Section 5.3.1(D)(2) 60 feet is required. ) * Deficiencies are noted with the subbase under the streets. (Streets appear to be rippled indicating inadequate or non-existing subbase material.) * The streets are patched, uneven and contain dips for drainage maintenance. The street drainage system is inadequate and standing pools of water are evident. * Substandard or non-existent signs (i.e. street name and stop signs), and street markings (i.e. stop bars, center lines );' * Substandard back out parking exists from the clubhouse onto Elmhurst Drive. * No sidewalks are provided throughout the development or along Barwick Road. * At several intersections within the park physical obstructions have been paved within the right-of-ways. These obstructions (steel bollards) appear to have been installed to encourage motor vehicles to avoid the pavement edge which is crumbling. . P&Z Staff Report Annexation of the Highland Trailer Park Page 5 * Street lighting throughout most of the park is inadequate. A few street lights do exist along the north side of Grove Drive. The majority of units do have similar individual pole lights ( 5 · high) in the front yards. Given the above it is the recommendation of the city's Traffic Engineer that the City does not accept the maintenance responsibility for the streets unless they are first brought up to City Standards by the .Highland Park Homeowners Association. As inadequate traffic control devices and conditions exist within the Highland Trailer Park (i.e. stop signs, stop bars, back-out parking, (obstructions within rights-of-way etc. ) the City Police Department will not assume traffic control enforcement within the park. The Homeowner's Association will be responsible for the traffic control function. The Police Department will however, respond to traffic accident investigation and police assistance calls. Pine Grove Drive, the northernmost street within Highland Trailer Park serves as the only access to a portion of the Sunset Pines subdivision to the west. Sunset Pines is in the County and receives City water through a water service agreement. As Pine Grove Drive is a public street access rights of Sunset Pines are assured. Parks and Open Space: The addition of 131 residential units will not put additional demands on existing park facilities. The impact of these existing residents were factored in to the park demands calculated on buildout projections. It is noted that the development has its own recreational tract with a recreational building, pool and shuffle board courts. COM PRE HEN S I V E P LAN A N A L Y S I S: Land Use Analysis: The current County Land Use Designation for the site is "Residential" 12 units per acre. The City Land Use Designation for the parcel is "Transitional" and "Open Space" (Recreation Tract) . The surrounding Land Use Map designations to the north are "Residential" (3 units per acre) in the County and "Residential- Low Density" in the City. To the west is a combination of "Residential" (5 units per acre) and "Commercial" in the County and "Transitional" in the City. To the south is "Commercial" in the County and "Transitional" in the City. To the east the site is bordered by property in the City with a land use designation of "Community Facilities". " ( I P&Z Staff Report Annexation of the Highland Trailer Park Page 6 The existing Land Uses are "Residential" (Kingland Pines) to the north, "Residential" (Sunset Pines) to the west, "Community Facilities" to the east (future site of Barwick Middle School) and "Commercial" (gasoline station, convenience market) to the south. The following Comprehensive Plan, Goals, Objectives and Polices apply to this proposal: Future Land Use Element Policy B-3.1 Services shall be provided to unincorporated areas upon annexation and they shall be at a level which exists for land uses elsewhere in the City under the same or similar conditions. Services will be provided to the annexed area at levels of service s imi lar to other properties in similar conditions. It is noted that improvements in response times will be realized in Fire, E.M.S. and Police services. Housinq Element Objective C-4 That the City shall carry its fair share of low and moderate income housing needs and its fair share of subsidized projects which are directed toward meeting housing needs. Housing Element Policy C-3.2 Affordable housing shall also be achieved by the accommodation of various housing types per policies C-4 and C-5 and public assistant programs. The annexation of the Highland Trailer park will add 131 units of affordable housing units to the City. These units along with existing units within Carter Estates, Auburn Trace, and Alamanda Gardens will be counted toward meeting the City's affordable housing obligation. Z 0 N I N G A N A L Y S I S: ; The current County zoning designation for the parcel is AR (Agricultural Residential) . The proposed initial City zoning designation is MH (Mobile Home) . The surrounding zoning designations are RS (Single Family) County zoning to the north, CG/SE (Commercial General/Special Exception) County zoning to the south, and combination of RM (Residential Medium Density) and CS (Commercial Specialized) County zoning to the west and CF (Community Facilities) City zoning to the east. / ( P&Z Staff Report Annexation of the Highland Trailer Park Page 7 R E 0 U IRE D FIN DIN G S: (CHAPTER 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. Mobile homes and their attendant recreation facilities are allowed within the MH (Mobile Home) zoning category. The MH zoning designation is a consistent zoning designation under the "transitional" Land Use Designation. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of an existing development. Given this type of petition the required facilities (water, sewer, streets) have been previously discussed under the "Provision of Services" section of the staff report. Following is a discussion of the facilities not previously covered. Drainage: With site inspection a substandard drainage system is noted. The streets contain a 12" concrete apron on each side which serves as a swale area. These swales appear to be originally designed to: di vert water to culverts along Barwick Road. The elevations -however do not operate as planned and pooling of water in low spots is evident. However, the Homeowner's Association has indicated that no major drainage problems are experienced by the park. Parks and Open Space: Park dedication requirements would apply for new residential development. However, this is an established development which is being annexed and therefore the requirements do not apply. " P&Z Staff Report Annexation of the Highland Trailer Park Page 8 Solid Waste: As this is an existing development the solid waste being generated is already accommodated in projected levels of solid waste service. Further, the impact of this use on the solid waste facility which is to accommodate all growth in the County is relatively insignificant. Compliance with Land Development Regulations: The proposed use is in compliance with the Land Development regulations. Upon annexation the trailer park will come under the development regulations of the City. The following regulations are highlighted at this time. Setbacks: Pursuant to Section 4.3.4 the following setbacks will apply to individual mobile home sites upon annexation: 5' front, 5 ' rear, 5'side street and 5'side interior. A representative of the Homeowner's Association has indicated that some of the existing trailers have a 3' side setback. Trailers at the perimeter of the park must comply with the setback requirements for the overall Mobile Home park. These requirements are 25' front (Barwick Road), 15' side street (Greenbriar Drive), 7.5' side interior (L.W.D.D. Canal), and 10' rear (abutting Sunset Pines) . While these existing trailers can continue in their non-conforming state compliance with setback requirements for replacement trailers will be required. Back-out Parking along Barwick Road: Subdivision lots located along Barwick Road currently have parking which back out into Barwick Road. While this condition is acceptable for single family uses it is nonconforming for uses of this type. There is no solution to this nonconforming situation and it will therefore be allowed to continue. Consistency: ; Compliance-with the performance standards set forth in Section 3.3.2 (Zoning) , along with the required findings in Section 2.4.5, 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. The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: . P&Z Staff Report Annexation of the Highland Trailer Park Page 9 A) Performance Standard 3.3.2 (A) states that a rezoning to other than CF within stable residential areas shall be denied. . As this is an initial zoning, affixing a zoning designation which represents the existing land use this standard does not apply. B) Performance Standard 3.3.2(D) states: That the rezone shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed: or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial zoning designation represents the existing residential land use which is compatible with residential uses to the north and west and the proposed community facility (Barwick Middle School) to the west. While incompatibilities exist with the commercial properties to the south these are a result of the impact of the commercial uses on the trailer park, and not the reverse. This incompatibility will be addressed during future redevelopment of the Commercial Tracts. Pursuant to Section 2.4.5(0) (1), a justification statement providing the reason for which the change is being sought must accompany all rezoning requests. The Code further identifies certain valid reasons for approving the change being sought. As this zoning petition before you is an initial zoning designation to be assigned to property being annexed the above section does not apply. Fiscal Impacts: For the 1991 tax year the Highland Trailer Park, including common areas, had an assessed value of $2,636,117.00. Seventy of the 131 units qualified for the 25,000 homestead exemption reducing th,e total taxable value of the property to $1,275,245.00. At the 1991 City millage rate of 6.20 mills the property will generate a total of $7,906.52 of new taxes per year. In addition to the City tax revenue the City will receive approximately $24,318 of new per capita reimbursements from the state (see discussion under Impact to City). '. ( P&z Staff Report Annexation of the Highland Trailer Park Page 10 Impact to Highland Park Residents: With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue Mstu 2.1238 Deleted (County) Library .3939 Deleted (County) City of Delray Beach 6.2000 Added (City) City of Delray Beach Debt .9500 Added (City) +4.6323 Difference * * Total tax millage in the County is 19.2432 mills while in the City the total millage rate is 23.8755. Non Ad Valorem Taxes: Delray Bch. Storm Water Utile Add approx. $6.48 per unit\yr or $848.88 total for the park Solid Waste Authority Change from current $201.34\yr. to between $151.80 & $251.64\yr. What this actually means for a $10,000 home which does not qualify for homestead exemption is an increase in taxes from approximately $192.43 to $238.75. Each resident however, will save the 25% surcharge for sewer and water fee currently charged for outside City service. This equates to a yearly savings for the park $10,125.92 or $77.30 per year per unit (25% of $40,503.68 - 1991 sewer and water fees). Impact to City: The City will gain approximately $7,906.00 a year in new tax revenue. However, the greatest amount of revenue from the annexation will occur through per capita reimbursements to the City. The !1lajor sources of per capita revenue are cigarettes, sales and s~ate revenue sharing. The most current available per capita reimbursement figure is $173.70 per person. The population of the annexation area is estimated to be approximately 262 persons (2 persons per uni t) . As the per :apita revenue only applies to permanent residents only 70 of the units which qualify for the homestead exemption have been used. The resulting population figure of 140 persons will result in an additional income to the City of $24,318. '. P&Z Staff Report Annexation of the Highland Trailer Park Page 11 With annexation the City will lose the 25% surcharge currently paid as utility fees ($10,125.92 -1991 sewer and water surcharge paid). Even with this reduction the City will receive an overall fiscal benefit of approximately $22,099. REV I E W B Y o THE R S: The annexation is not in a geographic area requiring review by either the HPB (Historic Preservation Board) , DDA (Downtown Development Authority) , or the CRA (Community Redevelopment Agency) . On February 13, 1992 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date a response has not been received. ASS E SSM E N T AND CON C L U S ION S: The annexation of the Highland Trailer Park will provide a benefit to the residents of the park via better response time for Police, Fire and E.M.S. units. Although the residents will experience a slight increase in taxes this increase will be more than offset by Utility fee savings through elimination of the 25% surcharge for outside City services. The City will benefit both fiscally, and through the additional of 131 affordable housing units. As the existing streets within the park are substandard the City should not accept maintenance responsibility for them. The annexation ordinance should specifically state that maintenance responsibility for the streets as well as traffic control will not be accepted by the City. These function are to continue to be the responsibility of the Homeowner's Association. However, if the streets were brought up to current code by the Homeowner's Association the City could consider accepting maintenance responsibili~y and traffic control at that time. Since outstanding question remain with respect to the ability to annex the commercial properties along Atlantic Avenue as well as how to provide sewer service final action on this annexation should be postponed. The Board should however, take public testimony and discuss the item at their meeting. '. r P&Z Staff Report Annexation of the Highland Trailer Park Page 12 A L T ERN A T I V E S: A. Continue with direction. B. Recommend approval of the annexation request and initial zoning designation of MH (Mobile Home) upon positive findings. C. Recommend denial of the Annexation and initial zoning based upon a failure to make positive findings. S T A F F R E COM MEN D A T ION: Recommend taking public testimony and continuing the annexation to the March 16, 1992 meeting pending disposition of sewer and annexation questions of the commercial tract along Atlantic Avenue. PD/#44/HIGHLAND.DOC : / ( . . - .... uuu ~ c lB . HE HIGHLAND TRAILER PARK ~ ANNEXATION - ~ /~ ,. ~/ ~ ;' >- ~ ::I 2 It \€NUE .;" ;I /' / ~ ITEl .0 ,.. ., . . . . ' . . .' ~.. ... .. ..... ,~.J-r" ~ l ;. .p;\,....:' . . I~. rA"J': ~+~ ...- .~"." ~4". r~et:';'f. -" ...h .& " . ' ~A.... _J:~. ~:... . - .~,." I ,.. r t . ..' ... ," I 1 ,,1..; f"QI 1 ,.', ~ .,.... ...; '-.1'" iii .. .. !IIII . .. ,. ..., -. III J' ' .~ , .:, ,'..' 'c"". . - .:. _~... '" <6 - .... . ' . . .._ -;t"'.' " . : '-~..il'~~ ~ ~~~ ",...,~, .~.~ .' " ,~_.. _ ,\~ _~ .r.. I ..J .... jl ~ - ~ ~ {.,' ' ;. . < ,.1 \...~' ~~ .' ~ -.. '--, .,. , . ~~il_ ".r e ~, . .... '~~I' . 4IL,". . ' .: : . :'~ - . . . ... ~ ,. ~.., ~'. - ~ ,'" . L-.J L ;. ~, ...... ..~ ~ ,~. ' ." '. . 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' " 'h _' ,~..", '. .....' , . J' ._ , " f, I( : ", ,~ ,~,..- ,"". ". ~ " 'I' ,-~ I' . . " ~ ~,~ ~ . ~ . ,- ' - ,_. ~ ' ..' .. ... I ',_ .' '. ,- ,', i ti~. .."~. .' ~, \. " ~ ". ~/:..'" 04...:: . '. ""~ .A. '._ ' ,..~'i'" .o.~, 0"':' o' ,.... ~ .... " . .. ~{:. .' \ ...... ,. ,..~". '. ..- .~ " -'. .... . ., '-.: ...... 00 . .', .' ' "::;;' .. .~.- ,.~,- ''"'- ..... -. .............. - ~. . .. '.. ~, ' ..... _. ~.' ft' ." :.' . I..':,' "'~',' ,: .' ~.,,, .. ~ " r . l!t ~ .,.. ' - \ ;~_ .' --_ \, f -' -,,' . .' .,,," .. ,f" ...., '" .,.,... \.' - · -. . ~"t' ~ ,. ,l.t.. -"., .' ... ....~ ' /" . . " f ..,.." '.." ":F' ' 0 . · '. ../ ~ 0'. }... ~; '. . . J' .' ~ , ... '.", ,-, ' . .', . .".' . .' f ". ..', .\ "'~~/.- 0';. I . ~ \. \ . _ 4 ----- . . -.' . , } ., X" '." I ,.., .' " ~'\. ~ . : ~. . . \ '.. ~ . ' . C.' . If. '. ,~~;. .. ',: - .{ ~ ~ . . ~, -. ., ," . f,;;;" ';~~t: ",,' >"i; ..... .--:' o~o' , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS /" FROM: CITY MANAGER.. './ SUBJECT: AGENDA ITEM ~ '1::r- - MEETING OF MARCH 24. 1992 CHANGE ORDER NO. 2/ARZ BUILDER'S. INC. ; DATE: March 20, 1992 This item is before you to approve Change Order No. 2 in the amount of $9,072.50 to the contract with ARZ Builder's, Inc. for the installation of three additional fire hydrants along Pineapple Grove Way (N.E. 2nd Avenue) . The additional hydrants are required to ensure that there is sufficient fire suppression protection for this area. A map showing existing hydrants and the proposed location of the additional hydrants is attached as backup material for this item. Recommend approval of Change Order No. 2 in the amount of $9,072.50 for the installation of three additional fire hydrants along Pineapple Grove Way (N.E. 2nd Avenue) with funding from Water and Sewer Fire Hydrant Replacement (Account No. 442-5178-536-61.77). ~ 5-0 " , . I Memorandum Date: March 18, 1992 To: David T. Harden, city Mana~ From: Ralph Hayden, city Enginee Re: Agenda Request Pineapple Grove Way (91-79) Attached is an agenda request and Change Order #2 for the above referenced project. This request is for an additional three fire hydrants along NE 2nd Ave (Pineapple Grove Way) as requested and located by Chief Koen. Scope of Work and prices for this work have been verified by staff and are acceptable. We request commission approval for Change Order #2 to ARZ Builders, Inc. for this work. Funding will come from 442-5178-536-61.77. CC: Sandee Mills, Admin Asst Howard Wight, Construction Mana~iJ I .. : '. , - CHANGE ORDER No. 2 Dated: March 17 ,199~ Project No. 91-79 Project Name: Pineapple Grov~ Way Beautification Funding. Source - 442-5178-536-61.77 Owner: City of Delray Beach, Florida Contractor: ARZ Builders, Inc. Contract Date: September 16, 1991 To: ARZ Builders, Inc. , Contractor You are directed to make the following changes in the subject contract: Install three (3) new fire hydrants along N.E. 2nd Avenue. Price includes furnishing and installing the hydrants. Price also includes all restoration required for the installation of the hydrants. Actual locations of the hydrants shall be noted on the as-built drawings furnished to the City upon project completion. which changes are more specifically described in the attached amended plans, drawings and specifications. The reason for the change is as follows: As directed by Fire Chief Koen for fire protection. : The contract price and contract time shall be adjusted because of such changes as follows: A. Contract Price 1. Contract price prior to this change order: $176.713.00 Page One of Two Pages .. , . . , CHANGE ORDER # 2 2. Net increase resulting from this change order: $ 9.072.50 3. Current contract price including this change order: $185.785.50 B. Contract Time 1- Contract time prior to this change order: Mav 13. 1992 (Ni~ety days from sta~ting ChangE Qrder No.1 whi8h was 2/1a/921 2. Net J.ncrease resul tJ.ng from hJ.s change or er: ca endar days 3. Current contract time including this change order: 90 calendar days (May 13 J 1992) City of Delray Beach, Florida, OWNER By: Thomas E. Lynch, Mayor Attest: city Clerk City of Delray Beach Approved as to form: city Attorney The above changes are accepted on ,199_. I understand that all the provisions of the Contract Document related to Project No. 91-79 which are not inconsistent with the terms of this Change Order shall remain in effect and apply to all work undertaken pursuant to this Change Order. 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JLllIlID,t. 3S444 ., n . . . ~/o V MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER/ ~./ SUBJECT: AGENDA ITEM #- crl<, - MEETING OF MARCH 24. 1992 SERVICE AUTHORIZATION NO. 2/LAWSON. NOBLE AND ASSOCIATES DATE: March 20, 1992 This item is before you to approve Service Authorization No. 2 in the amount of $69,692.70 for engineering design, bidding/negotiation, and construction administration services for a portion of the Decade of Excellence Road Reconstruction program. The Road Reconstruction program consists of the installation of upgraded water lines, drainage and subsequently the resurfacing of the affected roadways. The roads scheduled for design under this Service Authorization are as follows: -N.E. 14th Street (from N.E. 2nd Avenue to N.E. 3rd Avenue) -Swinton Circle (from Swinton Avenue to N.E. 2nd Avenue) -Tangerine Trail (from Seacrest Boulevard to West End) -Lake Drive (from N.W. 4th Avenue to Lake Drive and N.W. 13th Street to North End) -N.W. 13th Street (from N.W. 4th Avenue to Lake Drive) -Dale Lane (from N.W. 14th Street to Lake Drive) -N.W. 2nd Avenue (from N.W. 7th Street to N.W. 11th Street) -N.E. 9th Street (from Swinton Avenue to N.E. 2nd Street) -N.W. 9th Street (from Swinton Avenue to 4th Avenue) Recommend approval of Service Authorization No. 2 to the contract with Lawson, Noble and Associates, in the amount of $69,692.70, for engineering design, bidding/negotiation, and construction administration services for the Decade of Excellence Road Reconstruction programj with funding from Decade of Excellence Bond Issue - Road Reconstruction Program (Account No. 225-3162-541-61.17). " , . . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: RALPH E. HAYDEN, P.E~ CITY ENGINEER ~\~/1J DATE: MARCH 17, 1992 SUBJECT: DECADE OF EXCELLENCE ROAD RECONSTRUCTION SERVICE AUTHORIZATION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Enclosed is an agenda request with backup material for Service Authorization #2 for Lowson, Noble & Associates, Inc. to provide design, bidding/negotiation, and construction administration services for the Decade of Exellence Road Reconstruction Project. If you have any questions regarding this matter please call me at extension 7337. RT:RH:kt Encl. File: 92-006 (D) Memos to David T. Harden, City Manager RTDH317.kt " , - LAWSON, NOBLE & ASSOCIATES, INC. CITY OF DELRA Y BEACH CONSUL TING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO.2 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE .225- 3/(02. - C;:V/ - 101. 1 '7 PROJECT NO. 9;2-00w (CITY OF DELRAY BEACH) PROJECT NO. 92-131 (LAWSON, NOBLE & ASSOCIATES, INC.) TITLE: VARIOUS STREET IMPROVEMENT PROJECTS This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated , between the city of Delray Beach and Lawson, Noble & Associates, Inc. I. PROJECT DESCRIPTION Provide engineering and surveying services associated with improvements to various streets in the City of Delray Beach. Services include preliminary reports, preliminary design, final design and surveying, permitting, preparation of construction documents, assistance during the bidding and negotiation of the Contract, Contract administration, construction observation and project completion. The general location of the work and types of projects are as follows: ROADWA Y RECONSTRUCTION/IMPROVEMENTS PROJECT/STREET PROJECT LIMITS NE 14th Street NE 2nd Avenue to NE 3rd Avenue (Overlay west, reconstruct east, exfiltration trench and drainage stub to 3rd) Swinton Circle Swinton Avenue to NE 2nd Avenue . . . Tangerine TraJl Seacrest Boulevard to West End (Overlay and construct west end) Lake Drive NW 4th Avenue to Lake Drive (Water main installation and overlay) NW 13th Street NW 4th Avenue to Lake Drive (Water main installation and overlay) Dale Lane NW 14th Street to Lake Drive (Water main installation and overlay) NW 2nd Avenue NW 7th Street to NW 11 th Street Lake Drive NW 13th Street to North End (Water main installation and overlay) NE 9th Street Swinton Avenue to NE 2nd Avenue (Overlay and repair, drainage and stub to Swinton) NW 9th Street Swinton Avenue to 4th Avenue (Water main upgrade and overlay) Note: Scope of services is subject to change based on the results of Phase I of this Service Authorization. II. SCOPE OF SERVICES A. Phase I - Study and Report Phase . Consult with the City to clarify and define the City's requirements for the project and review available data. . Advise the City as to the necessity of the City's providing or obtaining from others, data or services outside the general services " . provided by the consultant relating to the scope of services for this project. B. Phase II - Preliminary Design Phase . Prepare preliminary design documents consisting of land surveying as described in Exhibit II A", final design criteria and preliminary drawings. . Advise the City if additional data or services are necessary and assist the City in obtaining such data and services, if required. . Furnish the number of copies of the above preliminary design documents as required by the City. C. Phase III - Final Design Phase . Prepare construction documents which shall include, but not be limited to, drawings and technical specification as generally described in Exhibit "B" general and supplementary conditions, bid forms, summary of quantities, invitations to bid, instruction to bidders with technical criteria, descriptions and design data necessary for permitting by governmental authorities, and include any further adjustments in the scope or quality of the project or in the construction budget authorized by the City. . Prepare a detailed opinion of probable cost for revi~w by the City prior to going out for bids. . Provide the required documents and attend meetings as necessary for the approval of governmental boards, agencies or authorities having jurisdiction over the project. . Prepare contract documents using bid documents provided by the City including bidding forms, conditions of the contract and form of Agreement between the City and Contractor. . Prepare all documents including design and plan revisions required for the approval of governmental . . authorities having jurisdiction over the project. . Provide the City the number of copies of contract documents as required. D. Phase IV - Bidding/Negotiation Phase . Assist the City in obtaining bids or negotiated proposals, assist in awarding and preparing contracts for construction, attend pre-bid conferences, prepare addenda, provide written recommendation of award, assist in the compilation/preparation of contract documents, and after the award assist the City in securing the required bonds and certificates of insurance, review the contract document for completeness. . Attend the bid opening, prepare bid tabulation sheets and assist the City in evaluating bids or proposals and in assembling and awarding contracts. . Issue addenda as appropriate to interpret, clarify or expand the bidding documents. . Consult with and advise the City as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) for those portions of the work as to which such acceptability is required by the bidding documents. . Consult with the City concerning, and determine, the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award on contracts is allowed by the bidding documents. E. Phase V - Construction Phase . Provide administration of the contract for construction as contained within the general conditions of the contract for construction. . Visit the site at regular intervals appropriate to the stage of construction or as otherwise agreed to by " the City and the Consultant to review the progress and quality of the work completed and to determine in general if the work is being performed in a manner indicating that the work. when completed, will be in accordance with the contract documents. Inform the City of the progress and quality of the work and . provide certification to the City of satisfactory completion of all phases of the work in compliance with the plans, specifications, and/or approved changes or modifications thereto. . Review applications for payment and certify the amounts due the Contractor. . Review and recommend disapproval or rejection of Contractor's work to the City which does not conform to the contract documents. . Review shop drawings, product data and samples for the purpose of checking for conformance with information given and the design concept expressed in the contract documents. . Prepare change orders and construction change directives with supporting documentation and data. . Review construction progress to determine the date or dates of substantial completion and the date of final completion and forward to the City for the City's review and records, written warranties and related documents required by the contract documents and assembled by the Contractor and issue a final certificate for payment upon compliance with the requirements of the contract documents. . Provide the number of sets of the construction documents to the Contractor as required by the contract documents. . Upon completion of construction, the Consultant shall provide to the City three sets of record drawings. signed and sealed, plus one set of mylars incorporating as-built conditions and other data furnished by the contractor(s) to the Consultant. . .. . III BUDGET Roadwav Reconstruction ( 1 OJ Streets Phase I $ 4,364.70 Phase II . $ 29,766.30 Phase III $ 14,929.20 Phase IV $ 3,219.90 Phase V 1 17.412.60 TOTAL $ 69,692.70 Expenses, such as soils investigations, permit fees and other subcontract services. if required. will be invoiced as a reimbursable expense as outlined in the General Civil Engineering Contract Agreement. TOTAL NOT TO EXCEED COST $ 69,692.70 Note: Rates are based on salaries and multipliers as described in Exhibit "0". . IV COMPLETION DATE Refer to Construction Schedule (Exhibit "C"). Phase V fee estimate based on fourteen (14) weeks construction schedule. Field representative time based on twenty (20) hours per week. " This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSUL T ANT may not commence work on any service authorization approved by the City to be include as part of the contract without a further notice to proceed. Approved by: LAWSON, NOBLE & ASSOCIATES, INC. CITY OF DELRA Y BEACH Date: Title: President .- '.-- (Corporate Seal) Attest: Y-<_1l_\!-- /t... - f1lM~~ Witness: Witness: ~ ~~ 0.... .~ ~ \\ ~ ~ ~ Approved as to Legal \ Sufficiency and 'Form ST ATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument wa,s acknowledged b f h' I _/ d f - " 'J / e ore me t IS ~ ay 0 . / / '- ! (. . ,-- , 1992 by Robert W. Lawson, President, of Lawson, Noble & Associates, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and did not take an oath. I /// . - /f --- / I ! ,- /', ,'~ /1/._,/ ., I ~/~ A -, Nancy S.lWithington Notary publiC. S'~'e of Florida My Comm. Exp. July n. 1995 llon. e., 1,,,,, ",(,IIA, I .ns A,!e.ncy - . .. . EXHIBIT "A" LAND SURVEYING SCOPE OF WORK 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 or overlayed with topography to extend twenty-five feet (25') beyond right-of- way/limits of project. 2. Prepare scaled drawings showing field information including, but not limited to: . Topographic elevations at fifty foot (50 foot) intervals to depict center line grade, edge of pavement grade, location and grade of swale center line and right-of-way, including cross sections at all P.C./P.T. of intersection and centerline P.1. . 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 and other accessible structures (except Florida Power and Light/Southern Bell/Natural Gas). . Location of all trees, shrubs, mailboxes, signs, trees, power poles, fences and other encumbrances found within the right-of-way. . Provide Bench Marks a six hundred foot (600') intervals, maximum. '. EXHIBIT "B" DESIGN SCOPE OF SERVICES ROADW A Y RECONSTRUCTION 1 ) Provide a description of each project including the limits of work, results of any subsurface investigations, recommend typical section and identify existing utilities that will be affected by the project. 2) Subsurface investigations will be based on visual review of the existing roads to determine the location of any testing. In areas where the roads are failing, based on visual review, testing will be performed to provide a recommendation regarding subgrade and base repair. 3) Field survey will be performed in accordance with Exhibit" A". 4) Construction drawings, Contract Documents and construction administration will be provided as outline in the description of the scope of services. The Construction Documents will be prepared as one project including all ten (10) streets as identified in the project description. 5) Limits of work shall be maintained within the existing road right of way. 6) , Coordinate with all necessary utilities to identify potential conflicts with existing facilities and determine future plans for improvements to existing facilities. 7) Coordinate with the City to define improvements and/or installations of water mains within the limits of work and design the necessary facilities as part of the scope of services for the project. 8) Prepare the necessary permit applications and supporting documents and assist the City in processing the applications through the required governmental agencies. 9) Provide construction drawings and include in the Contract Documents items relating to the installation of a water distribution system in accordance with the City's proposed master water distribution system plan. 10) Prepare construction plans on plan-profile drawings (1" = 20' scale). 11 ) Prepare roadway cross sections, if necessary. . , " 12) Prepare roadway typical sections. 13) Establish roadway profile grade lines. 14) Prepare signing and marking plans as necessary. 15) Prepare intersection geometry and design as necessary. ., ~ __~ ~_____ ___ n_._~_. 1\\ . ~ ~ ~ ; I 0 l , i ~ I H4 ~ ~ 6 t:t ~ S ~ ~ . -< 0 ~ ~ ~ ~ CI.l "- ~ ill -< ~ (1 t-3 ~ ~ .. ~ :::0 ~ ~ (II ~ tzj ... -f -u ;:j i ~ tzj ~ ...... t-3 0 g Z ...-.c a:: to'tj ~ 0 ~ . a:: . '1l ii trJ Z I: t-3 r- to'tjO lit ~ ~!~ ~ ~t-3 i. 0'-< -~r I g ~ I ~o ; w \ m ~~ iil i c.. FAt=' c: !< tzj sa- I~ > w',. l5 ~> ~~ I) -t t:z:j.-< ~~I :: ...... (')tJj 3: g' n (II ", Otzj ,t.. rn, "V ...... '" Z z> -jlI~ ;- ~ CI.l(') 81; :. i-- g ;d:J:: -4 .. ::::I as C n (') . - z t-3 ~ ...-.c 0 Z - 0 m, ~ (') m t::' ~ >< z_ 0 ::J: ~ - 'm '- ~ -I ~ - .-< q I I I I I \ I I . . . . " - Hourly Raw Salary Rate Times 3.00 Employer Category Hourly Raw Salary Multiplier .'k;O:f~~~i~'~~j~;..~;;:E.~gi~~ors~. ArchiteCts, Planners, Econorni~t~',.S~i~~ti;t;:"..'.':'..:.:'.' '" . '. "Hydrologists;r:Hydrogeologists, Geologists" :'. ..... ':"':' ..... .:... :'"',,,':/':;"'::.'.'.., '. . Principal P .E. $ 40.60 $121.80 Project Manager, P .E. $ 29.25 $ 87.75 Engineer, P .E. $ 1 7.44 $ 52.32 Surveyor, P.L.S. . $ 23.75 $ 71.25 ~fiJilt~!1~~~u~~~';~~f;~;~\:~f~t~l~1:~?~~U\?~;]!f~\~~~~~ft~~ii;i~jif.iI1rj; . - . - . . . .. , .. . . . . . .' . -. ... . . . . ..' Survey Technician $ 18.17 $ 54.51 Drafter $ 15.00 $ 45.00 Field Representative $ 1.5.38 $ 46.14 3 Man Field Crew N/A $ 75.00 Clerk Typist " ,. . BUDGET PROJECTION ROADWAY RECONSTRUCTION (10 STREETS) Phase I: Principal 1 hrs @ 40.60 = 40.60 Project Manager 24 hrs @ 29.25 = 702.00 Project Engineer 36 hrs @ 1 7.44 = 627.84 Professional land Surveyor 2 hrs @ 23.75 = 47.50 Field Crew - hrs @ 25.00 = --- (75.00/hr) Survey Technician - hrs @ 18.17 = --- Drafting Technician - hrs @ 15.00 = --- Field Representative - hrs @ 15.38 = --- Clerical 4 hrs @ 9.25 = 37.00 Subtotal Phase I 1454.90 x 3 TOTAL PHASE I $ 4,364.70 Phase II: Principal - hrs @ 40.60 = --- Project Manager 20 hrs @ 29.25 = 585.00 Project Engineer 80 hrs @ 1 7.44 = 1395.20 Professional land Surveyor 30 hrs @ 23.75 = 712.50 Field Crew 151 hrs @ 25.00 = 3775.00 (75.00/hr) Survey Technician Base Map 120 hrs @ 18.17 = 2180.40 Drafting Technician 80 hrs @ 15.00 = 1200.00 Field Representative - hrs @ 15.38 = --- Clerical 8 hrs @ 9.25 .= 74.00 Subtotal Phase /I 9922. 10 x 3 TOTAL PHASE II $ 29,766.30 .. , . Phase III: Principal 4 hrs @ 40.60 = 162.40 Project Manager 30 hrs @ 29.25 = 877.50 Project Engineer 100 hrs @ 17.44 = 1744.00 Professional Land Surveyor - hrs @ 23.75 = --- Field Crew - hrs @ 25.00 = --- (75.00/hr) Survey Technician - hrs @ 18.17 = --- Drafting Technician 140 hrs @ 15.00 = 2100.00 Field Representative - hrs @ 15.38 = --- Clerical 10 hrs @ 9.25 = 92.50 Subtotal Phase //I 4976.40 x 3 TOTAL PHASE //I $ 14,929.20 Phase IV: Principal 2 hrs @ 40.60 = 81.20 Project Manager 6 hrs @ 29.25 = 175.50 Project Engineer 40 hrs @ 17.44 = 697.60 Professional Land Surveyor - hrs @ 23.75 = --- Field Crew - hrs @ 25.00 = --- . (25.00/hr) Survey Technician - hrs @ 18.17 = --- Drafting Technician 3 hrs @ 15.00 = 45.00 Field Representative - hrs @ 15.38 = --- Clerical 8 hrs @ 9.25 = 74.00 Subtotal Phase IV 1073.30 x 3 TOTAL PHASE IV $ 3,279.90 Phase V: Principal 2 hrs @ 40.60 = 81.20 Project Manager 20 hrs @ 29.25 = 585.00 Project Engineer 40 hrs @ 1 7 .44 = 697.60 Professional Land Surveyor - hrs @ 23.75 = --- 'I ~. \.. . Field Crew - hrs @ 25.00 = --- (75.00/hr) Survey Technician - hrs @ 18.17 = --- Drafting Technician 4 hrs @ 15.00 = 60.00 Field Representative 280 hrs @ 15.38 = 4306.40 Clerical 8 hrs @ 9.25 = 74.00 Subtotal Phase V 5804.20 x 3 TOTAL PHASE V $ 77,472.60 ROADWA Y RECONSTRUCTION GRAND TOTAL $ 69,692.70 .. ._- ~ -- .. I ~ Gpp-(JC~p 5...() MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS / FROM: CITY MANAGER)// SUBJECT: AGENDA ITEM # CfL - MEETING OF MARCH 24. 1992 SERVICE AUTHORIZATION NO. 9/HAZEN AND SAWYER. P.C. DATE: March 20. 1992 This item is before you to approve Service Authorization No. 9 in the amount of $72,399 for design, permitting and construction services necessary to construct additional water production wells at the Municipal Golf Course. These wells are required in accordance with the Water Supply Master Plan and are necessary to provide the City with the capacity to meet water demand at build-out. Recommend approval of Service Authorization No. 9 to the contract with Hazen and Sawyer. P. C. . in the amount of $72,399 wi th funding from 1991 Water and Sewer Revenue Bond - Well Monitoring/ Rehabilitation Engineering Services (Account No. 447-5171-536-33.11) . ." . . CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. g FOR CONSUL TING SERVICES CITY P.O. NO. CITY EXPENSE CODE: 1.141 - S I 7 I - '5 3 C::. . 3 ~ . J I PROJECT NO. 9,2.24 (CITY) (HAZEN AND SAWYER, P.C.) TITLE: Design, permitting and construction of production well(s) at the Golf Course Well Field. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the contract as if written there in full. TITLE: Agreement for engineering services for sanitary engineering services. I. PROJECT DESCRIPTION This Service Authorization represents the design, permitting and construction of production wells for the City of Delray Beach. The scope includes design and construction of the production well(s). permitting, applying for the South Florida Water Management District (SFWMD) permits, and the installation of all related appurtenances to tie the new well(s) into the existing lines at the Golf Course Well Field. II. SCOPE OF SERVICES Phase I - Study and Report - Not Applicable Phase II - Preliminary Deslon Phase CONSULTANT shall provide preliminary design phase services in accordance with Article III.B of the contract. CONSULTANT shall meet with the CITY and SFWMD after notice-to-proceed to discuss the project. The objective of the meeting will be to discuss water use issues and well construction permitting process for the proposed production well(s). CONSULTANT shall prepare and submit application for the water use permit modifications. The following assumptions were made in the preparation of this scope of work: . That the collection of water-level data to refine and recalibrate the existing model will be limited to obtaining from the City and incorporating into the Page 1 of 6 PROSC038.BCA:3-18-92 " - model recent water-level data that have already been recorded. Collecting new water-level data in the field is not anticipated as part of this project. . That the existing ground-water flow model is acceptable to the South Florida Water Management District (SFWMD) for use on the project without significant modification and that the MODFLOW input files will be provided on floppy disk in standard format. . That the modeling parameters utilized by the SFWMD in its study titled "Groundwater Resource Assessment of Eastern Palm Beach County" will be made available from the District. . That major recalibration to the existing calibrated model will not have to be made after input of new water-level data and modeling parameters. . That the permit application is for modifications to the existing permit to add additional production wells with no increase in allocation and that issues such as per-capita consumption, reuse, conservation, and population projections need not be addressed. The CITY shall provide the CONSULTANT information on the proposed production wells, such as location, capacity, depth, diameter, and screened interval to be submitted with the water use permit. If the water use permit modification is approved. the well construction permit application shall be prepared by the CONSULTANT and six copies shall be sent to the SFWMD for review. Phase III - Final Deslan Phase CONSULTANT shall provide final design phase services in accordance with Article IItC of the Contract. CONSULTANT shall produce the final design drawings on standard 4-mil, 22-inch by 34- inch mylar sheets. CONSULTANT shall prepare all drawings utilizing a CAD system. CONSULTANT shall furnish, with the drawings, one set of CAD drawings files on IBM PC- AT formatted, magnetic media compatible with AUTOCAD Version 10 (or later) for use by CITY. This phase of the work is contingent on obtaining the water use permit modifications from SFWMD. Services shall include preparation of detailed final opinion of probable construction cost based upon the completed final design drawings and specifications as approved by CITY. The estimate shall reflect changes in scope incorporated during design reviews with CITY staff . CONSULTANT shall be responsible for the coordination with CITY staff and departments, and for the activities of the sub-consultants. Part of this function is to monitor progress of all staff associated with the project and to identify critical areas of concern which fall behind schedule. CONSULTANT will maintain a detailed project schedule and take steps when necessary to insure the project stays on schedule. CONSULTANT shall submit monthly project status reports to CITY including Primavera Project Planner updates on 3- 1/2-inch diskettes. Page 2 of 6 PROSCD38.BCA:3-18-92 . . CONSULTANT shall prepare and submit, on behalf of CITY, construction permit applications to the following regulatory agencies: . South Florida Water Management District . State of Florida Department of Environmental Regulation All associated permit application fees shall be determined by CONSULTANT and paid by CITY. Phase IV - Blddlnq/NeQotlatlon Phase The CONSULTANT shall provide Bidding/Negotiation Phase Services in accordance with Article 11.0 of the Contract. CITY shall utilize standard procurement procedures for the formal advertising and receipt of bids. CONSULTANT shall fumish 20 copies of final drawings and specifications for the City's use. CONSULTANT shall provide document mailing and pre-bid services, such as preparation of advertisements for publication by the CITY, distribution of planholder lists, issuing of addenda. answering technical questions during the bidding period, attending the bid opening, evaluating bids, and making a recommendation for award. CONSULTANT shall prepare 10 copies of conformed contract documents for execution by Contractor and review executed Contract Documents and bonds before forwarding to the CITY for execution. Phase V - Construction Phase CONSULTANT shall provide Construction Phase services in accordance with Article III.E of the Contract. CONSULTANT shall provide part time resident project representation through its Resident Engineer and Engineering Inspectors in accordance with Article III.F of the Contract. Part time resident project representation shall be approximately ten hours per week over a four month construction period up to a total of 200 labor hours of effort. The CITY shall provide material testing and inspection services as required to assure compliance with the construction documents. CONSULTANT shall not be responsible for the means, methods and accuracy of material testing subcontractors. The following assumption was made to develop this scope of work. . One or two new production wells will be installed and that the Contractor will minimize his on-site time by constructing both wells simultaneously or by performing tasks on both wells sequentially, if two wells are required. Page 3 of 6 PROSC038.BCA:3-18-92 " . Phase VI - Resident ProJect Representative Phase. Not Applicable Additional Services Provide additional services relating to the design, permitting and construction of production well(s) in the City of Delray Golf Course Well Field area. These additional services may be required due to uncertainties discovered during permitting, additional data requested by SFWMD, extensive modeling beyond the scope defined herein, excessive number of meetings with agencies, field v~rification of existing facilities and conditions. Services performed under this task will be on an as-directed basis in accordance with a written Notice to Proceed from the City Manager. Each Notice to Proceed issued shall contain the following information and requirements. . A description of the work to be undertaken . A budget establishing the amount of the fee to be paid in accordance with the Agreement. . A time established for completion of the work. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule or scope of work, CONSUL T ANT will advise the CITY will advise the CITY in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to the CONSULTANT will be as negotiated with the CITY. 1. This scope of service is limited to the development of production well(s) at the City of Delray Golf Course Well Field area. Any reclaimed wastewater feasibility study that may emerge from SFWMD during the water use permitting review is clearly outside the scope of this Service Authorization. 2. The CITY shall supply the CONSULTANT with recent groundwater and canal levels at and around Golf Course Well Field. 3. No increase in water allocation shall be requested in the water use permit application. 4. The CONSULTANT shall recommend the locations ot the proposed well(s) and pipeline, but the CITY shall make the final locations decision. 5. Well locations is assumed within the CITY right-at-ways and easement and no additional permitting is required. 6. The only crossing expected tor the pipeline is the Lake Worth Drainage District (LWDD) E-4 Canal. No other crossings such as other canals, railroads, U.S., or State highways are expected. 7. No survey and mapping, or location at existing and proposed underground utilities shall be required by the CONSULTANT during this project. Page 4 of 6 PROSC038.BCA:3-18-92 . 8. The CITY shall provide to the CONSUL T ANT available record drawings of all existing facilities which shall serve as the basis for modifications included in this project. 9. During pipeline and wellhead installation, the CITY shall be responsible for providing a resident observer during these phases of the project. III. DATA AND SERVICES TO BE PROVIDED BY THE CITY CITY shall provide Data and other services in accordance with Article IV of the Contract. As additional services, the CITY shall provide material and soil testing and inspection services as required to assure compliance with the construction documents. Also, CITY shall utilize the services of a concrete testing laboratory to perform concrete tests as detailed in the construction specifications and deemed necessary to CONSULTANT. CONSULTANT shall not be responsible for the means, methods and accuracy of material testing subcontractors. IV. TIME OF PERFORMANCE Plans, specifications and bidding documents shall be completed and delivered to the City for permitting and bidding purposes within seven months from the date of Notice to Proceed after execution of the Service Authorization. Upon receipt of permits and authorization for bids, the following schedule is envisioned: Services During Bidding - One Month Bid Review/Award - Two Months Construction Period - Five Months Project Close-Out - One Month V. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Total Preliminary Design Phase $16,320 Final Design Phase $29,430 Bidding Negotiation Phase $ 3,477 Construction Phase $16,590 Additional Services (If authorized by City Manager) $ 6.582 TOTAL COST' $65,817 , Total cost does not include costs for Additional Services. * * * * . Page 5 of 6 PROSC038.BCA:3-18-92 " APPROVED BY THE CITY HAZEN AND SAWYER, P.C. OF DELRA Y BEACH ~ DAY OF - CITY OF DELRA Y BEACH, a municipal corporation of the State of Florida ATTEST: By: BEFORE ME, the foregoing instrument, this 18th day of March, 1992, was acknowledged by Gary W. Bors, Vice President on behalf of ATTEST: Corporation and said person executed the . same free and voluntarily for the purpose By: therein expressed. City Clerk APPROVED AS TO FORM: By: WITNESS my hand and seal in the County and City Attorney State aforesaid this /f?' day of karr4 1992. Notary Public ~~~ State of Florida " . NOTARY PUBLIC STATE OF rLoRIDA My Com I 0 Expires: MY COt+lISSION EXP. JAN. 9.1995 BONDEO THRU r.ENfRAL tIls. lJND. Page 6 of 6 PROSC038.BCA:3-18-92 . , _.~- -------.---.--.--.---..... .,--. -.- -...--..--.-------..---.--- ...- City of Defray Beach Departmental Budget Transfer ,1) Departmental Une Transfer (2) Date March 19, 1992 (3) Interfundllnterdepartmental Transfer (4) Batch Number ~/b (5) Requested By: Geor~e Abou-Jaoude, Deputy Director of Public Utilities (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 447-5171-536-60.31 Well Monit/Well Rehab - $ 72,399 Buildings 447-5171-536-33.11 Well Monit/Well Rehab - $ 72,399 Engineering (10) TOTAL $72,399 $ 72,399 JUSTIFICATION: Transfer is necessary to cover the costs of engineering services required by Hazen & Sawyer, P.C. pertaining to the design, permitting and construction of the oroduction wells at our Golf Course Wellfield. Pro1ect No. 92-24 - S~rv'l''' No q /l d . Department Head a1)1~ J Asst City Manager / Budget Officer // City Manaaer (11) Budget Revision Date (12) Control Number (13) Period (14) Count '. , " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERLr-"J! SUBJECT: AGENDA ITEM :It 9Ji1 - MEETING OF MARCH 24. 1992 PALM BEACH COUNTY FUTURE LAND USE AMENDMENTS/AMENDMENT 92-1 DATE: March 20, 1992 The County Commission is currently processing amendments to the County's Future Land Use Map. There are two items proposed which have a potential impact on the City. The first is a proposal to change the land use designation from Residential LR-3 (maximum of three units per acre) to Residential MR-5 (maximum of five units per acre) for a 165.55 acre parcel of land located on the south side of Atlantic Avenue, 1/2 mile west of Carter Road. This change would add 331 dwelling units and its accompanying traffic onto Atlantic Avenue which is shown to be over capacity in the long term. Also, the fate of the University Parkway project is unknown. If that project links with Atlantic Avenue further congestion and traffic volumes will be realized. The second is a proposal to change the land use designation from Residential HR-8 (maximum of eight duplex units per acre) to Commercial CL/8 (low intensity commercial with alternative of eight units per acre for property located on the east side of Jog (Carter) Road, 1/4 mile south of Atlantic Avenue and 3/4 mile north of the 12th Street extension (Florial Acres). The status of this project is not known. However, given the agent's interpretation of County regulations when representing Mayfair Gardens DRI, we can expect both residential and commercial development on this site at maximum levels. At their March 16th meeting the Planning and Zoning Board reviewed this item and forwarded it with a recommendation that both items be denied. A detailed staff report is attached as backup material for this item. Recommend a request be forwarded to the County Commission that proposed amendments 102RESl and 103COMl to the County Future Land Use Map be denied. 1"- 6~O '. " -F " . \ . (7"7 '~ (, , C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T',HARD~ITY MAN~~ ~O~~~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MARCH 24, 1992 COUNTY FUTURE LAND USE MAP AMENDMENTS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of makinq formal comment to Palm Beach County regarding proposed amendments to their Future Land Use Map. BACKGROUND: As in the City, the County processes amendments to its Future Land Use Map twice a year. Attached in a Planning and Zoning Board report which addresses amendments in the vicinity of Delray Beach. The two items were also discussed when the County Planning Staff made its overview presentation at a City Commission Work Session. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of March 16th and forwarded it with a recommendation that both items be denied. RECOMMENDED ACTION: By motion, request of the Board of County Commissioners that proposed amendments 102RESl and 103COMl to the County Future Land Use Map be DENIED for the reasons set forth by the Planning and Zoning Board. Attachment: * P&Z Staff Report & Documentation of March 16, 1992 DJK/CCCOUNTY.DOC ., '. . . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: MARCH 16, 1992 AGENDA ITEM: V.B. Review and Comment on Palm Beach County Future Land Use Map Amendments, Their Amendment 92-1 ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding proposed amendments to the County's Future Land Use Map. These amendments are within a geographic area which is of interest to the City. Formal communication (on the amendments) should be between the governing bodies (Le. City Commission to the Board of County Commissioners). BACKGROUND: Attached is a general notice (with map) provided by the County Planning and Zoning Department regarding proposed amendments. Those which have a potential impact upon the planning and development of Delray Beach include: # 102RESl South Side of Atlantic Avenue, 1/2 mile west of Carter Road. 165.55 acres. Change from Residential LR-3 (max of 3 u/ac) to Residential MR-5 (max of 5 u/ac). This change would provide a potential increase of 331 dwelling units on the property. Access will be from Atlantic Avenue. County Planning Staff recommendation: DENIAL Land Use Advisory Board recommendation: APPROVAL # 103COMl East side of Jog (Carter) Road, 1/4 mile south of Atlantic Avenue & 3/4 mile north of 12th Street extension (Florial Acres). 9.24 acres. Change from Residential HR-8 (max 8 du/ac) to Commercial CL/8 (Low intensity commercial with alternative of 8 units per acre) . " '. . Planning & Zoning Board Memorandum Staff Report Meeting of March 16, 1992 Page 2 Under an interpretation made by the agent (when promoting the Mayfair Gardens DRI), the CL/8 designation would accommodate low intensity commercial, or 8 du/acre residential, or a mix of 8 acres of commercial and 8 du/acre in a mixed use development. County Planning Staff recommendation: DENIAL Land Use Advisory Board recommendation: 3/27* Note: The applicant is proposing a change to a "mixed use development". Details are not known. # 95RES1 West side of Congress, 1/2 mile south of Golf Road. 18.69 acres. Residential MR-5 to HR-8. WITHDRAWN ANALYSIS: # 102RES1: This change will add 331 units and its accompanying traffic to a roadway (Atlantic Avenue) which is shown to be over capacity in the long term. Also, the fate of the University Parkway project is unknown. If that project links with Atlantic Avenue, further congestion and traffic volumes will be realized. Further, additional residential development west of Military Trail will increase the demand for goods and services and will create additional pressure for commercial development. Such development will detract from existing commercial development in the east and will continue the "peanut butter spread" of urban sprawl westerly to the Everglades. # 103COMl : The changing status of this project is not known. Given the agent's interpretation of County regulations when representing Mayfair Gardens DRI, we can expect both residential and commercial development at maximum levels. Without a well conceive project description which provides for integration of the resulting land use with adjacent land uses, it is inappropriate to take action. Due to the changing nature of the petition, at best, this petition is only of a speculative nature. '. '0 . Planning & Zoning Board Memorandum Staff Report Meeting of March 16, 1992 Page 3 RECOMMENDED ACTION: By motion, recommend to the City Commission that they request the Board of County Commissioners to DENY petition # 103COM1 on the basis that a complete application was not available at the time of review and that it is unclear as to the manner in which a mixed commercial and residential designation is to be applied under the County regulations; to DENY petition # 102RESl on the basis that it will add traffic to a roadway which is projected to be over LOS under Test 2, the uncertainty of the University Parkway project, and the situation whereby an increase in density west of the urban boundary of the Military Trail corridor is inappropriate and not warranted. Attachments: . County notice Wi~ Report prepared by: 0 JI~ <.... '), k! Q.-<)(t.~-e:. (l-+""'" DJK/T:PZCNTY.DOC 'f '. Boa;d 'of County Commissioners County Administrator "an'n T. \\arclIs, Chair J.ln Winters Carok Phillips, Vict' Chair C,Hol\. Hohcrts Carol J. Umguist Department of Planning. Zoning a Building ~'ar~ ~tcCarty Kl'n roster ~\Jude rord Lee ~ ~PLJC NOTICE: PALM BEACH COUNTY DEPARTMENT OF PLANNING, ZONING AND BUILDING January 17, 1992 Dear Palm Beach County Property Owner: Please be advised that your property is located within five hundred (500) feet of a property that is the subject of a private application to amend the 1989 Palm Beach County Comprehensive Plan (Plan) Map. The amendment request is for a change in the future land use designation. which. if approved by the Board of County Commissioners, may increase or decrease intensities of use for residential, commercial, commercial recreation, or institutional development. Enclosed for your convenience is a map depicting the general location and identification number of the properties for which an amendment has been requested, and an identification synopsis packet providing the location, owner/agent name(s). acreage. future land use, and the proposed future land use. The Palm Beach County Land Use Advisory Board (LUAB) will meet to consider the proposed amendments to the 1989 Comprehensive Plan, adopted by Ordinance number 89-17. and amended by Ordinance numbers 90-32. 90-54, 91-30, 91-31. 91-33, 91-48, and 91-49. February 11. February 13, February 19, and February 27,1992, at 9:00 A.M.. in theA-I06 Conference Room, Planning. Zoning and Building Department, 3400 Belvedere Road.. P.B.I.A.. West Palm Beach. FL 33406. The LUAB public meetings are open to the general public and limited public participation is allowed. Should you wish to attend the LUAB Public Meeting and provide comments. please check the attached agenda and map to determine which amendment(s) affect you and the date on which the LUAB will hear the amendment(s). The findings and recommendations of the LUAB and County staff on the proposed amendments will be presented to the Board of County Commissioners (BCC). sitting as the Local Planning Agency (LPA), at a public hearing on April 6, 1992, at 9:30 A.M., in the Jane M. Thompson Memorial Chambers, Palm Beach County Governmental Center, 301 North Olive Avenue. West Palm Beach. Following the LPA public hearing, the Board of County Commissioners will hold a public hearing to consider the recommendations of the LPA, the LUAB, and County staff. and to take action on each of the proposed amendments. Other hearing dates and times (if any) will be advertised in the Palm Beach Post. as required prior to the actual hearings. To inquire about the amendment process, the application. or which date a particular amendment will be heard, etc., please contact Earl Hahn, Senior Planner. at (407) 233- 5327 or (407) 233-5335. 800 tlth STREET. WEST PALM BEACH. FLORIDA 33406. (407) 233-5300 ~ pflnled on recycled paper " ,. . Written comments should be submitted to Earl Hahn, Senior Planner, by March I, 1992 at: Palm Beach County Planning Division 800 13th Street P.B.LA. West Palm Beach, FL 33406 Anyone choosing to appeal any action made with respect to any matter discussed at the LUAB Public Meeting or LPNBCC Public Hearings, will need a record oftbe P~fl8", and 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 based. Sincerely, , s6\"~ Denrns R. oltz, AI P Planning Director pc: Robert P. Banks, Asst. County Attorney Earl Hahn, Senior Planner Kevin Ratterree, Planner II FILE: DHlkr/publicnotice.ss LUAB MAP AMENDMENT AGENDA A. Tuesday February II, 1992 (10:00 AM - 5:00 PM) l. 57 RES I (Bentz, Land Design South) 2. 57 RES 2 (Bentz, Land Design South) 3. 57 RES 3 (Bentz, Land Design South) 4. 70 RES I (Rosenberg, Trustee) 5. 95 RES I (Handley, Craven & Associates) 6. 102 RES 1 (Scott, Urban Design Studio) 7. Il2 RES 1 (Bryan, Julian Bryan and Associates) 8. 77 RES/COM 1 (Basehart, Urban Design Studio) B. Thursday February 13, 1992 (9:00 AM to 5:00 PM) l. 28 COM 1 (Kilday, Kilday and Associates) 2. 34 COM I (Kilday, Kilday and Associates) 3. 58 COM 1 (Basehart, Urban Design Studio) 4. 76 COM 1 (Kilday, Kilday and Associates) 5. 81 COM 1 (Cowan, Craven & Associates) 6. 103 COM 1 (Bentz, Land Design South) 7. 89 INST 1 (Kilday, Kilday and Associates) C. Thursday February 27, 1992 (9:00 AM to 5:00 PM) l. 26 COM I (Messler) 2. 82 COM I (Springer) 3. 83 COM I (Beal, Owner) 4. 13 CR 1 (FIem ing) 5. 56 COM 1 SI (PREM) 6. 71 RES 1 SI (Siedlecki) 7. 90 RES 1 SI (Melear) " '. ;.;: -::,' \ WNlTll CWCTY ,~ I '\) l\...j \' ~ ........... PU IU:H CWCTY \., K' . ..........._.CU*' \\ "\ \...,~ ! ~ \~ h.- t 'i _ 1JCRt . ~ ~.. \\ ~ III - \ ~;:I \ \\ I · K DISTRIC 1 11 ! ~........... ~ \ \ ~ I II ('...... ~ 26COUI : i ....... "'-'0 \ i : ~ \. -\.. ~ 28CO"1 il · ~~ ....._ I' 34COUI 1'-'-,-'-'- . DISTRICT 6 ... : i\t... ~t- -~ -56COI,(IS.I. -'! 1'7 \. 57RESI " --~ ~ j II ! ~ II h'1l p~ ,.- 57RES2 : W . '.A ~~ ! i i /--- 1 'c.-J :-\ ~ ~57RES3 . i - / .. ~ "-~ ~ . I I ClllU:OIJU..VI. . "'" I -- 9Y~~ 58COl,(I . I /" f1rL I ..... ~ . . .... , IO..~ ~ J J . _"VI. ~_n....1 J/. . _ ~ ~ 70RESl '. ~ r/ ~ -~ " _71RESIS.I. \ \ ~'IU __ (~..... ., ~1~ 76COUl " ~. .. ",,"" i I I fti~ 77RES/COMl , ~ :1:I~ ", ~ .__-.--1 _BICOUI "" ..... Ii" ~ ~ 82COU2 ", oW L ~~__I " 11'".. I-" - 82COUl \ I ~ · I 83COUI 'I - , .-~ 1'.'.'.'.'.'.'.'.'.'-".'. _ ,r_89INSTl - .. _IE a! .11..'" . \ ,.......... . 90RES1S.I. - . ----r- . I i GENERALIZED : C ISTRI( T 9 I 95RESl ! LOCA liON MAP: - 7 c--102RESl . I Ii....... - ._- - L I03COUl . - - I I""' L ! SCALE:N.T.S.: ~ . I. i D.. Q,III a i '0' 1 I Ii ! i ) s~! ~ I~ I ~ - . .,; !_- . ..-.,- I'~- - ./ - ; 1'.../ ! :: 112RESl '-.......:.~m.. I ........~'" !-, Jfll) CWfTY -.t..... Lt'l ,..,~ 'Y 1992 PROPOSED SITE - SPECIFIC MAP AMENDMENTS TO THE 1989 PALM BEACH COUNTY COMPREHENSIVE PLAN " '. co co co ... ... 1'1 co It) It) I I I I I I I g! g!- g!- 5 g! ~ ~ - . . ..... ..... -- -- .... ...u "'u .... .... ... . ... . 110 IIC1 1111 IIU IIU IIU ClU ...tCl ...t, ...t, ...tll ...tll ...tll ...till ~~ ~.g 4J=' 4J....... 4J....... 4J....... 4J....... 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N ..., 1Il 9 9 9 9 g 9 9 a C 0 H U U 0 U U U 0 U 0\ III CIO ., co \D ... N N CIO N N 1"\ III .... CIO CIO co '. PtOOED 8Lf C ickt ml1nlkjEe - (--::;l ) 7A lJu.#JoJ?i2S pf-~ff}eft770f) 01 (bn(!Ep~1 jJ/!ajJOSfI / blJSEO L<pon ' fOin,S / - 7 ; bE-leu) I ~ peO(!EEO wi IJE(,tss~ {!t:Jm/J fJUJ/J 1I//7€/JLJm&JT [ITY OF DELAAY BEA[H S-O 100 N.W 1st AVENUE . OELRA Y BEACH. FLORIDA 33444 . 407 '243 7000 MEMORANDUM TO: City Commission \J.-l~~ FROM: David T. Harden, City Manager D~ SUBJECT: LAVER'S TENNIS STADIUM PROPOSAL DATE: March 24, 1992 City staff has had several contacts recently concerning the possibility of again bringing one or more large tennis tournaments to Delray Beach. The parties involved, including the Palm Beach County Sports Authority, the German group purchasing Lavers, and Mr. Claudio Colucci, have developed a proposal for your consideration. The proposal is as follows: (1) The German group would donate to the City a parcel of land adjacent to Miller Field for construction of a stadium court. (2) The City would construct a stadium court with 8,200 seats, of which 2,000-4,000 would be permanent. The stadium court would include dressing rooms, office space, and related support facilities. The City would finance the construction. We would expect the tournament promoter to pay the debt service on all of the cost in excess of $1,000,000. (3) Managers of the tennis facilities at Lavers would maintain the stadium court for the City. (4) The stadium court would be used by the City for tournaments related to its recreational tennis program. (5) The Palm Beach County Sports Authority would pay the annual cost of putting on major tournaments. This would include some rental charge for the use of our facility. (6) Operators of the Lavers tennis facility would make available the other courts needed for tournament play and practice. THE EFFORT ALWAYS MATTERS '. ( 7 ) We would want a 20 year contract with the tournament. Advantaqes ( 1 ) The City would get a lot of free advertising. ( 2 ) It would help build the City's reputation as a tennis center. ( 3 ) The people coming into town for the tournament would make a significant contribution to the local economy. ( 4 ) Increased economic activity should help sustain and build the City's ad valorem tax base. ( 5 ) Miller Field parking would be available. ( 6 ) The City would be relieved of the maintenance cost for the stadium court. Disadvantaqes ( 1 ) The annual debt service on $1,000,000 is about $100,000. The extent to which this would be offset by revenues from tournaments is unknown at this point. ( 2 ) The City's stadium court would be remote from the City's other public courts. ( 3 ) A large tournament would create a certain amount of traffic and parking congestion during the event. Is the Commission willing to authorize the staff to make offers, along the lines outlined above, to tournament owners? DTH:nr '. , , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS ! JYJ FROM: CITY MANAGER,' SUBJECT: AGENDA ITEM # /O!i - MEETING OF MARCH 24, 1992 ORDINANCE NO. 11-92 DATE: MARCH 20, 1992 This is second reading of an ordinance correcting the zoning classification for Lots 1, 2 and 3, Block 1, Golf Park (located at the northwest corner of Lowson Boulevard and Congress Avenue) from PC (Planned Commercial) District to POD (Professional Office) District. The subject property was zoned to the SAD (Special Activities District) classification in 1984, with the approved uses restricted to professional offices, medical offices and laboratory, and travel agency. Upon the approval and implementation of the Land Development Regulations in October, 1990, a new zoning classification POD (Professional Office) District was created. When the Official Zoning Map was created, the PC (Planned Commercial) zoning category was applied to the subject property in error. Planned Commercial zoning is to be applied only where there is five acres within the development or a special circumstance exists. POD (Professional Office) is the appropriate zoning classification for this property. The Planning and Zoning Board does not review relief from improper regulation requests. The Special Adjustment Advisory Board has reviewed this request and has determined that an inadvertent action may have occurred and that special consideration is warranted. Recommend approval of Ordinance No. 11-92 on second and final reading. f~ S-Q " '. ..,- r ~",. ,. C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: Q~\~Ats~~~~T(lR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF MARCH 11, 1992 FIRST READING OF AN ORDINANCE CORRECTING THE OFFICIAL ZONING MAP ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which corrects the Official Zoning Map with a change from PC to POD for the Landis Professional Center. The Landis Professional Center is located at the northwest corner of Lowson Boulevard and Congress Avenue. This item is being presented directly to the City Commission through the provisions of Section 2.4.7(F)(2) Relief From Improper Requlations. BACKGROUND: This property was zoned to the SAD classification in 1984 with the uses limited to "professional offices"; "medical offices & labs"; "travel agency" . With the LDRs a new classification of Professional Office District was created. When the Official Zoning Map was created, the PC (Planned Commercial) designation was applied instead of POD. This is clearly an error in that the PC designation is to be applied only where there is five acres within the development or a special circumstance applies. Neither situation applies in this instance. Further the POD is tailored for this situation. Attached is a letter exchange between the City and the property owner in which he seeks correction of the situation. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board does not review this type of request. The Special Adjustment Advisory Board has reviewed the request and has determined that an inadvertent action may have occurred and special consideration is warranted. " City Commission Documentation First Reading of an Ordinance Correcting the Official Zoning Map Page 2 RECOMMENDED ACTION: By motion, approval of this correcting ordinance on first reading. Attachment: * Letter exchange * Location map DJK/CCLANDIS.DOC ;; 'I [ITY DF DELHAY BEA[H 100.\i W Is( AVENUE . DE:..RAY BEACH. FLORIDA 33444 . 407243-70OJ February 24, 1992 Mr. Lawrence M. Landis 990 S. Congress Avenue Delray Beach, Florida 33445 RE: Inconsistent Land Use and Zoning Designations Landis Professional Center Dear Mr. Landis, The Planning and Zoning Department has received a Conditional Use request to allow a veterinary clinic at the Landis Professional Center. During our review of the application, we noted that the property has a land use designation of Transitional, but is zoned PC, Planned Commercial. This creates an inconsistency between the land use and zoning, in that the PC zoning district is not permitted under a Transitional land use classification. The PC zoning was applied to your property in error during the adoption of the Land Development Regulations (LDRs) in 1990. The correct zoning designation for this site is POD, Professional Office District. This classification is consistent with a Transitional land use, and is an appropriate zoning for the existing office center. This discrepancy between the land use and zoning classifications can be easily rectified by the City Commission through enactment of a correcting ordinance. In order to quickly initiate this corrective action, we would like a letter from you requesting that the change be made. I have attached such a letter for your signature. Once we have received the signed letter, we will schedule the item for immediate consideration by City Commission. If you have any ques~ions regarding this matter, or would like to discuss it further, please feel free to call me at 243-7040. SincerelYfu r , \ 1 ! \ i' \...U.~\L ~\;'v" '\ D~e Dom! quez ~\lL,. Pl-anner III ) ) cc: David J. Kovacs, Planning Director Jeff Costello, Project Planner THE Er=FORT ALWAYS MATTERS " '. . .. _.-- ~ ~- ---- ORDINANCE NO. 11-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR LOTS 1, 2 AND 3, BLOCK 1, GOLF PARK, AS RECORDED IN PLAT BOOK 26, PAGE 141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, FROM PC (PLANNED COMMERCIAL) DISTRICT TO POD (PROFFESSIONAL OFFI CE) DISTRICT; SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF LOWSON BOULEVARD AND CONGRESS AVENUE; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is shown as being zoned PC (Planned Commercial) District on the Zoning District map of the City of Delray Beach, Florida, dated October 1, 1990; and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property; and, WHEREAS, Section 2.4.7(F) (2) of the Land Development Regulations has made provisions for relief from improper regulations; and, WHEREAS, a request has been made with respect to the subject property and has been reviewed by the Special Adjustment Advisory Board, and has been determined to be the result of improper enactment; and, WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper zoning thereof, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be, and the same is hereby corrected to reflect a zoning classification of POD (Professional Office) District for the following described property: Lots 1, 2 and 3, Block 1, Golf Park, according to the Plat thereof recorded in Plat Book 26, Page 141 of the Public Records of Palm Beach County, Florida, LESS that part as described in Official Records of Palm Beach County, Florida, more particularly described as follows: The external area created by a circle with a 25 foot radius tangent, to the South line of said Lot 1 and :: tangent to the East line of said Lot 1. And also less that part as described in Official Record Book 5769, Page 616 of the Public Records of Palm Beach County, Florida, more particularly described as follows: A portion of Lots 1, 2 and 3, Block 1 of the Plat of Golf Park, as recorded in Plat Book 26, Page 141 of the Public Records of Palm Beach County, Florida, and being more particularly described as follows: Commencing at the northeast corner of said Lot 3, thence south OrP 52 I 38" east, along the east line of said Lot 3, a distance of 4.36 feet to the Point of Beginning of the herein described parcel; thence continue south 000 52'38" east, along the westerly right-of-way line of Congress Avenue as shown on the . ., '. February 24, 1992 Mr. David Kovacs Planning and Zoning Director 100 N.W. 1st Avenue Delray Beach, Florida 33444 RE: Inconsistent Land Use and Zoning Designation Landis Professional Center Dear Mr. Kovacs, It has come to my attention that the PC zoning on my office building is inconsistent with the underlying Transitional land use designation. I understand that this situation is the result of a technical error which occurred during the adoption of the Land Development Regulations in 1990. The correct zoning classification for this property is POD, Professional Office District. Please initiate corrective action to have the zoning classification changed from PC to POD. Sincerely, LbM~:n~ \ Landis Professional Center = -- . .....'.... ~ 1.', ;. . .; : . o' .. -. '. .,.".... ..; _.~\ ~:~ .... 1(\ '\\''', '. ...1 " " .:~.~:;,'~' ..:::~ l~fl~~l~1 ri~"'~~';':"(':l:':f''':':':i;t~:,:,~'~~!j:::~., :d~I~ ~: i 0""4 "'''~1:1i,~icrfE]:~~;~~~:;,~;,~E: ~ "~ir.:.i.. 'L--:~' :'. 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I. ~ 6 - I -.. -. --.- ----~ en - :Jcn - , _ e . o I~ - -- -- - - - , -L-_ _ , !~: LL ' . I () i'HI u a.. . - J n- ,/) ,/[) if I ~ - : ~ t : ~ ~ ~ at e - nl"" ,~' ....." ;,,-~. ji1: i ~rJ~. Ii r. '''l~ .~... 1 ..:a""' -'; ~) Jl ~ . . :.--,~: ~; t ~ ,1 ~ , .. ,... .~~ 'I " 1r ~,:,,~~,,: --- (, ..l~~--:t---. '. . , . . , - --------- said Plat of Golf Park, a distance of 202.78 feet to the beginning of a curve concave northwesterly, having a radius of 25.00 feet and a central angle of 330 25'32"; thence southwesterly along the arc of said curve, a distance of 14.58 feet to a point on a curve concave westerly having a radius of 5672.58 feet, a central angle of 020 11'16" and whose radius bears north 88041'22" west from said point; thence northerly along the arc of said curve, a distance of 216.61 feet to the Point of Beginning Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Sect~on 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 0 f the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and fi:1a 1 reading on this the day of , 1992. MAY 0 R ATTEST: City Clerk First Reading Second Reading = . -2- Ord. No. 11-92 '. " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERZfr1 SUBJECT: AGENDA ITEM # '0. tL, - MEETING OF MARCH 24. 1992 REOUEST FOR CONDITIONAL USE APPROVAL/VETERINARY CLINIC DATE: March 20, 1992 We have received a request for conditional use approval to establish a veterinary clinic within the Landis Professional Center, located on the northwest corner of Congress Avenue and Lowson Boulevard. This conditional use request is contingent upon approval of Ordinance No. 11-92 which rezones this property to POD (Professional Office District) . The development proposal consists of converting a 700 square foot bay, located in the middle of the Professional Center, into a veterinary clinic. The clinic will provide services such as sterilization, vaccination and parasite control. All medical cases other than these will not be treated at the clinic. Addi tionally, animals will not be boarded over night. At their March 16th meeting the Planning and Zoning Board held a public hearing on this item. The property owner adjacent to the Professional Center expressed a concern with the future use of her single family structure. There were no other objections expressed regarding the proposed use. However, there was additional discussion with regard to the existing parking lot design and traffic circulation. The Board recommended approval of the conditional use request, subject to conditions by a 4-3 vote. A detailed staff report is attached as backup material for this item. The property owner and applicant have filed protest letters with regard to the Planning and Zoning Board's proposal to require redesign of the parking lot to provide better traffic circulation. Those letters are attached as backup material for this item. Recommend approval of the request for conditional use to establish a veterinary clinic in the Landis Professional Center, excluding the condition relating to redesign of the parking lot, and subject to the conditions recommended by the Planning and Zoning Board. ~~w/~J'~/u.,aon J JI, ~ ~ ~ ~ 01 fJfJe ./Ji'/VI/A Ifm/l a.bx4- ~ & &p ~ em -.AdL _ tJ v --r--~~'- ~/fluf-/5-o '. '. ",j/ . ;'YI I} C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HAR~TY MANA~ -~~~~ O\}?[~. ~ THRU: DAVID J. KOVACS, DIRECTOR DEPARTMEN PLANNING AND ZONING ~ , FROM: Y COSTELLO, PLANNING TECHNICIAN II SUBJECT: MEETING OF MARCH 24, 1992 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A VETERINARY CLINIC WITHIN THE LANDIS PROFESSIONAL CENTER (NORTHWEST CORNER OF CONGRESS AND LOWSON). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Conditional Use request to establish a veterinary clinic on a parcel of land zoned POD (Professional and Office District) per Ordinance No. 11-92. The proposed use is to be located within the Landis Professional Center, at the northwest corner of Congress Avenue and Lowson Boulevard. BACKGROUND: Preceeding this item was second reading of Ordinance No. 11-92, to change the zoning from PC to POD, thus correcting the Official Zoning Map. With the Citywide rezoning of October, 1990, the PC zone designation was placed on the property instead of the POD. The proposal is to establish a Veterinary Clinic within a 700 sq. ft. bay of the Landis Professional Center. The bay is located in the middle of the Professional Center. The clinic will provide services such as sterilization, vaccination and parasite control, with no patients staying overnight. A full description and analysis of the request is found in the Planning and Zoning Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of March 16th, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was public testimony by the adjacent property owner to the north who had a concern with the future use of her single family structure. .. " . City Commission Documentation Meeting of March 24, 1992 Veterinary Clinic at Landis Professional Center Page 2 The Board had no objections to the proposed use, however there was discussion with regard to the existing parking lot design and traffic cirCulation. Board member Currie felt that with the conditional use request the property owner should be required to redesign the existing parking lot to provide better traffic circulation. Board member Parker thought that requiring redesign of the lot would put a financial burden on the property owner. After further discussion, the Board voted (4-3) (Parker, Beer & Purdo dissenting) to recommend that the request be approved subject to the following conditions: 1. That patients do not stay overnight. 2. That any modification to this conditional use request 1. e. increase use area, additional services, overnight stay, be acted upon by the Planning and Zoning Board. 3. That the parking configuration be analyzed and changed, if necessary, by SPRAB, per the discussion of the Planning and Zoning Board. RECOMMENDED ACTION: By motion, approve the Conditional Use request to establish a veterinary clinic subject to the findings and conditions as recommended by the Planning and Zoning Board. Attachment: * P&Z Staff Report & Documentation of March 16, 1992 " PLANNING & ZONING BOARD ., CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: Narch 16, 1992 AGENDA ITEM: IILC. ITEM: Conditional Use Request for a Veterinary Clinic in the PC Zonin~ District, Northwest Corner of Lowson Boulevard & ConRress Avenue Cu '</ -. N Ii: ~ W ::J ~ ;:) z 0 w U ~ ~ ~ vi 0 C,I1 C"l C,I1 rn: w 0: ~ ~ % vi 0 c.J ------------------------ LOWSON - GENERAL DA T A: Owner.........................Lawrence M. Landis Agent........ ............... ..Thomas Daniel Green Location. .................... .Northwest corner of Congress Avenue and Lowson Boulevard. Property Size.................O.61 Acres City Land Use Plan............Transitlonal Existing Zoning...............PC (Planned Commercial) Proposed Zoning....... ..... ...POD (Professional Office District) (Pursuant to Ordinance 111-92) Adjacent Zoning...............North: RM (Multi-Family Residential) East: MIC (Mixed Industrial & Commercial) South: RM West: R-lAA (Single Family Residential) Existing Land Use..... ........Professional office building. Proposed Land Use............ .Conditional Use request to establish a veterinary clinic. Water Service.................Existing on-site. IILC S'2',.;er Service.......,........ .~xisting on-site. " I T E M B E FOR E THE BOA R 0: The action before the Board is that of making a recommendation on a Conditional Use request to establish a Veterinary Clinic within a vacant bay of the Landis Professional Center. The subject property is located at the northwest corner of Congress Avenue and Lowson Boulevard. B A C K G R 0 UNO: The development proposal encompasses Lots 1-3, Block 1, Grove Park subdivision. The subject property has a land use history that dates back to 1960, when each lot contained a single family dwelling. In 1976, additions were constructed to connect the single family dwellings, which were subsequently converted to professional offices. At that time, professional offices were allowed as a conditional use in the RM-15 zone district. On August 14, 1984, the property was rezoned to SAD (Special Activities District) to allow the following uses: professional offices, medical offices, medical laboratory, a pharmacy (limited to 1,175 sq.ft.) and a travel agency. With the creation of the POD (Professional and Office District) zone district (October, 1990), the property was rezoned. Unfortunately, an error was made in drafting the Official Zoning Map and the PC (Planned Commercial) designation was applied. A correction ordinance (PC to POD) is being processed through a separate action. On February 7, 1992, a request for conditional use approval to establish a veterinarian clinic was submitted. The request is now before the Board for action. PRO J E C T DES C RIP T ION : The proposal is to establish a Veterinary Clinic within a 700 sq. ft. bay of the Landis Professional Center. The bay is located in the middle of the Professional Center. The veterinarian, Thomas D. Green, D.V.M., has submitted a brief narrative, in which a full description of the proposed use and its anticipated impacts are setforth: "The veterinary clinic's purpose will be to offer the people of Delray Beach access to low cost basic veterinary services such as sterilization, vaccination and parasite control. All medical cases other than these will not be treated at the clinic. We do not foresee animals staying overnight. All sterilizations will be done in the morning and then sent home the same day. Medical complications from surgery will be transferred to the closest emergency facility and observed and treated there. The occasional animal that is not picked up by their owner by closing will be kept at the clinic until the owner can make it to the clinic the next day. We do not require an excercise area for this reason. " P&Z Staff Report Landis Veterinary Clinic - Conditional Use Approval Page 2 Waste disposal will be carried out in accordance with state law. It is my understanding that all animal excrement and body fluids must be classified and handled as bio-hazardous waste picked up and incinerated. We will use MED-X, a local bio-hazardous waste company to do the task. All waste that is not considered bio-hazardous will be put in the dumpster prov ided by the landlord. There should be no unpleasant smell or health risk with this waste disposal method. The clinic will not have any excessive noise associated with its operation. No animals will be outside and the buildings exterior walls were sound proofed by the landlord to be sufficient to protect neighbors from barking of our patients in the clinic. All animals left by their owners for the day will be sedated for surgery and will rest until they are picked up that evening." CON D I T ION A L USE A N A L Y S IS: CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map: tThe use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Transitional Land Use Plan designation and a PC (Planned Commercial) zoning designation. The PC zoning district is inconsistent with the Transitional land use plan designation. The error occurred with the Citywide rezoning of October, 1990. At that time, the POD (Planned Office District) zone designation should have been placed on the property instead of the PC zoning. A letter has been received from the property owner requesting that the City correct the inconsistency. First reading of Ordinance No. 11-92 to change the zoning from PC to POD occurred at the March 11th City Commission meeting. Pursuant to Section 4.4.16(D)(4), within the POD zone district, veterinarian clinics are allowed as a Conditional Use. In light of the abovedescribed change to POD, it is appropriate to make a positive finding with respect to consistency of the zoning with the land use plan designation. " '. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERZf~\ SUBJECT: AGENDA ITEM # 10. a., - MEETING OF MARCH 24. 1992 REOUEST FOR CONDITIONAL USE APPROVAL/VETERINARY CLINIC DATE: March 20, 1992 We have received a request for conditional use approval to establish a veterinary clinic within the Landis Professional Center, located on the northwest corner of Congress Avenue and Lowson Boulevard. This conditional use request is contingent upon approval of Ordinance No. 11-92 which rezones this property to POD (Professional Office District). The development proposal consists of converting a 700 square foot bay, located in the middle of the Professional Center, into a veterinary clinic. The clinic will provide services such as sterilization, vaccination and parasite control. All medical cases other than these will not be treated at the clinic. Additionally, animals will not be boarded over night. At their March 16th meeting the Planning and Zoning Board held a public hearing on this item. The property owner adjacent to the Professional Center expressed a concern with the future use of her single family structure. There were no other objections expressed regarding the proposed use. However, there was additional discussion with regard to the existing parking lot design and traffic circulation. The Board recommended approval of the conditional use request, subject to conditions by a 4-3 vote. A detailed staff report is attached as backup material for this item. The property owner and applicant have filed protest letters with regard to the Planning and Zoning Board's proposal to require redesign of the parking lot to provide better traffic circulation. Those letters are attached as backup material for this item. Recommend approval of the request for conditional use to establish a veterinary clinic in the Landis Professional Center, excluding the condition relating to redesign of the parking lot, and subject to the conditions recommended by the Planning and Zoning Board. ~~w/~_;~/u.,aon J d LVlUv ~ ~ ~ 'i IJPe~ ~ ~ /i; iuLp ~ on-AdL - ~/t1uf-/5-o '. ,";f/ . It.1) C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HA~TY MANA~ ~ '~~ ~~ " cu.,~/ - ~~ THRU: DAVID J. KOVACS, DIRECTOR DEPARTMEN PLANNING AND ZONING jJ] , FROM: y PLANNING TECHNICIAN II SUBJECT: MEETING OF MARCH 24, 1992 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A VETERINARY CLINIC WITHIN THE LANDIS PROFESSIONAL CENTER (NORTHWEST CORNER OF CONGRESS AND LOWSON). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Conditional Use request to establish a veterinary clinic on a parcel of land zoned POD (Professional and Office District) per Ordinance No. 11-92. The proposed use is to be located within the Landis Professional Center, at the northwest corner of Congress Avenue and Lowson Boulevard. BACKGROUND: Preceeding this i tern was second reading of Ordinance No. 11-92, to change the zoning from PC to POD, thus correcting the Official Zoning Map. With the Citywide rezoning of October, 1990, the PC zone designation was placed on the property instead of the POD. The proposal is to establish a Veterinary Clinic within a 700 sq. ft. bay of the Landis Professional Center. The bay is located in the middle of the Professional Center. The clinic will provide services such as sterilization, vaccination and parasite control, with no patients staying overnight. A full description and analysis of the request is found in the Planning and Zoning Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of March 16th, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was public testimony by the adjacent property owner to the north who had a concern with the future use of her single family structure. '. '. city Commission Documentation Meeting of March 24, 1992 Veterinary Clinic at Landis Professional Center Page 2 The Board had no objections to the proposed use, however there was discussion with regard to the existing parking lot design and traffic cirCulation. Board member Currie felt that with the conditional use request the property owner should be required to redesign the existing parking lot to provide better traffic circulation. Board member Parker thought that requiring redesign of the lot would put a financial burden on the property owner. After further discussion, the Board voted (4-3) (Parker, Beer & Purdo dissenting) to recommend that the request be approved subject to the following conditions: 1- That patients do not stay overnight. 2. That any modification to this conditional use request i.e. increase use area, additional services, overnight stay, be acted upon by the Planning and Zoning Board. 3. That the parking configuration be analyzed and changed, if necessary, by SPRAB, per the discussion of the Planning and Zoning Board. RECOMMENDED ACTION: By motion, approve the Conditional Use request to establish a veterinary clinic subject to the findings and conditions as recommended by the Planning and Zoning Board. Attachment: * P&Z Staff Report & Documentation of March 16, 1992 '. .. PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: Narch 16. 1992 AGENDA ITEM: III.C. ITEM: Conditional Use Request for a Veterinary Clinic in the PC ZoninR District. Northwest Corner of Lawson Boulevard & ConRress Avenue c.... ~ ~I N ~ gu w ::I - ;:) ~ z 0 w u ~ x ... 0 VI N tJ [IT 0: ~ U Z v\ 0 u ------------------------ LOWSON BOULEVARD GENERAL DATA: Owner. . . . . . . . . . . . . . . . . . . . . . . . . Lawrence M. Landis Agent...... .................. .Thomas Daniel Green Location......................Northwest corner of Congress Avenue and Lowson Boulevard. Property Size.................O.6l Acres City Land Use Plan............Transitional Existing Zoning...............PC (Planned Commercial) Proposed Zoning............. ..POD (Professional Office District) (Pursuant to Ordinance 111-92) Adjacent Zoning.............. .North: RM (Multi-Family Residential) East: MIC (Mixed Industrial & Conunercial) South: RM West: R-lAA (Single Family Residential) Existing Land Use..... ..... ...Professional office building. Proposed Land Use.......... ...Conditional Use request to establish a veterinary clinic. Water Service.................Existing on-site. III.C S",...;er Service................ .Existing on-site. '. I T E M B E FOR E THE BOA R 0: The action before the Board is that of making a recommendation on a Conditional Use request to establish a Veterinary Clinic within a vacant bay of the Landis Professional Center. The subject property is located at the northwest corner of Congress Avenue and Lowson Boulevard. B A C K G R 0 UNO: The development proposal encompasses Lots 1-3, Block 1, Grove Park subdivision. The subject property has a land use history that dates back to 1960, when each lot contained a single family dwelling. In 1976, additions were constructed to connect the single family dwellings, which were subsequently converted to professional offices. At that time, professional offices were allowed as a conditional use in the RM-15 zone district. On August 14, 1984, the property was rezoned to SAD (Special Activities District) to allow the following uses: professional offices, medical offices, medical laboratory, a pharmacy (limited to 1,175 sq.ft.) and a travel agency. With the creation of the POD (Professional and Office District) zone district (October, 1990), the property was rezoned. Unfortunately, an error was made in drafting the Official Zoning Map and the PC (Planned Commercial) designation was applied. A correction ordinance (PC to POD) is being processed through a separate action. On February 7, 1992, a request for conditional use approval to establish a veterinarian clinic was submitted. The request is now before the Board for action. PRO J E C T o ESe RIP T ION : The proposal is to establish a Veterinary Clinic within a 700 sq. ft. bay of the Landis Professional Center. The bay is located in the middle of the Professional Center. The veterinarian, Thomas D. Green, D.V.M. , has submitted a brief narrative, in which a full description of the proposed use and its anticipated impacts are setforth: "The veterinary clinic's purpose will be to offer the people of Delray Beach access to low cost basic veterinary services such as sterilization, vaccination and parasite control. All medical cases other than these will not be treated at the clinic. We do not foresee animals staying overnight. All sterilizations will be done in the morning and then sent home the same day. Medical complications from surgery will be transferred to the closest emergency facility and observed and treated there. The occasional animal that is not picked up by their owner by closing will be kept at the clinic until the owner can make it to the clinic the next day. We do not require an excercise area for this reason. '. P&Z Staff Report Landis Veterinary Clinic - Conditional Use Approval Page 2 Waste disposal will be carried out in accordance with state law. It is my understanding that all animal excrement and body fluids must be classified and handled as bio-hazardous waste picked up and incinerated. We will use MEO-X, a local bio-hazardous waste company to do the task. All waste that is not considered bio-hazardous will be put in the dumpster provided by the landlord. There should be no unpleasant smell or health risk with this waste disposal method. The clinic will not have any excessive noise associated with its operation. No animals will be outside and the buildings exterior walls were sound proofed by the landlord to be sufficient to protect neighbors from barking of our patients in the clinic. All animals left by their owners for the day will be sedated for surgery and will rest until they are picked up that evening." CON D I T ION AL USE A N A L Y S IS: CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map: 'fThe use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Transitional Land Use Plan designation and a PC (Planned Commercial) zoning designation. The PC zoning district is inconsistent with the Transitional land use plan designation. The error occurred with the Citywide rezoning of October, 1990. At that time, the POD (Planned Office District) zone designation should have been placed on the property instead of the PC zoning. A letter has been received from the property owner requesting that the City correct the inconsistency. First reading of Ordinance No. 11-92 to change the zoning from PC to POD occurred at the March 11th City Commission meeting. Pursuant to Section 4.4.16(D)(4), within the POD zone district, veterinarian clinics are allowed as a Conditional Use. In light of the abovedescribed change to POD, it is appropriate to make a positive finding with respect to consistency of the zoning with the land use plan designation. ., P&Z Staff Report Landis Veterinary Clinic - Conditional Use Approval Page 3 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 office development has been in existence since 1976. The proposed veterinary clinic use will not have an impact on the level of service standards. Consistency: (Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency). A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were found. SECTION 2.4.5{E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The proposed use will occupy an office bay within the existing Landis Professional Center (Offices). The existing Center is bordered on the north and south by the RM (Medium Density Residential) zone district, on the west by the R-1AA (Single Family Residential) zone district and on the east by the MIC (Mixed Industrial & Commercial) zone district. The existing land uses adjacent to the subject property are as follows: to the north and west are single family structures; to the south is the Abbey Delray A.C.L.F. (Adult Congregate Living Facility); to the east is the Delray Commerce Center. As previously stated, the clinic will be occupying bays in an established office building. No additions or exterior alterations are planned. The proposed veterinary clinic will not have a detrimental affect on the neighborhood, nor will it hinder development or redevelopment of nearby properties. '. . P&Z Staff Report Landis Veterinary Clinic - Conditional Use Approval Page 4 Compliance with Land Development Regulations: As part of the Conditional Use request process, the site plan approved in 1984 was reviewed. An inspection of the property revealed the following Code deficiency as it relates to the approved site plan. On the east side of the building, the landscaped area between the north parking lot and the south parking lot is being used as a driveway to connect the parking lots. Vehicles travel over the roots of the existing ficus tree. A parking space was eliminated and is being used as part of the driveway. In order to rectify the situation, the wheel stop for the parking space must be put in place and landscaping installed per the approved site plan. If the applicant desires to connect the parking lots, a request for site plan modification will need to be submitted. The existing situation (i.e. driving over a designated landscape area) is not appropriate and should not be viewed as an option. o THE R I T EMS : With the submittal of the building permit application, a detailed floor plan prepared by a registered architect will need to be . provided for the interior modifications to the office bay. Once the details are reviewed, additional requirements relating to utilities, building code and fire code items may be imposed. REV I E W B Y 0 THE R S : The proposal involves the occupation of an existing office bay with no exterior modifications to the building or site. The development proposal is not located in a geographical area requiring review by either the Historic Preservation Board, Downtown Development Authority, or the Community Redevelopment Agency. A special courtesy notice was provided to the only tenant other than the owner. Normal public notice has been provided to property owners within a 500 ft. radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. '. .. 'P&Z Staff Report Landis Veterinary Clinic - Conditional Use Approval Page 5 ASS E SSM E N T AND CON C L U S ION S . . Positive findings with respect to the Future Land Use Map can be made, as second and final reading of Ordinance No. 11-92 to change the zoning from PC to POD is scheduled for the March 24th City Commission meeting. The proposed use will not have an impact on the level of service standards or a detrimental affect on the surrounding neighborhood. Any increase in the intensity of use i.e increase use area, additional services, overnight stay, should be reviewed by the Planning and Zoning Board. A L T ERN A T I V E ACT ION S . . 1. Continue with direction. 2. Recommend approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5{E)(5) (Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the Conditional Use request based upon a failure to make a positive finding with respect to Section 2.4.5{E){5) (Compatibility) . R E COM MEN D E D ACT ION : Recommend approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(S) (Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That patients do not stay overnight or on weekends. 2. That any modification to this conditional use request i.e. increase use area, additional services, overnight stay, be acted upon by the Planning and Zoning Board. 3. That landscaping be reinstalled at the west end of the landscape area that separates the north and south parking lots per the approved site plan. Attachments: Site Plan Floor Plan JAC/T:LANDIS.DOC ,. . ,1 I ~ I .., ,- ... I 0 0 0 ~ -5j~ 2.:'- 6,4' I I N . . r-- 0:: ::=)1 C> u: 01 ~ v1 0 U -l N 5 I() I en Ici ~ W N U ~ lJJ 0 - I() u. :> C\l u. 0 Z- >- ':J 0::: ~ 0 51 I- III w 001 tf)1 z .1 0 V' I -.I ~ I OJ 2 r-,B <: -- ' "-.J 27.1' 0 I 0 I I I 5,-rG teA tJ '15.0' 0 0 0 , , LOWSON BLV~ '. -- ---., . FLOOR PLANS FOR VETERINA.RY CLINIC 990 S. CONGRESS AVE "- n - 1. r- ~j [ .J/ ,- fl p I :1 I 14 '. e" , 0 i. -::l iI :1 I; I ~ I I ~ i . I I ,I -c:r I . ... . ~ - I i ! ",,' I N . -- ! 0 I -/ . I : ,. '. I I' . !' I I l I ' ;: I (/ :1. II ! I # I I }.'C~"'" I t1 .~ ~ - I i ~ U ,"~ I I ' · i ~ , . .. . ~ - ;: "i" . . .~ - r-.a . i :; t 1 J .1 . J :1 ~ ~ i ~ -II I ; '1 \ ; 1 I ;'1 . . j ;~- ... : '. , ! l 'l~ I l t:. .. I 1,_, ~ - I :'; U-'O! tJ' I':' ~~ "I I 1-' 1 !1 \ q ~. ' r I ~.- ''7 I ~ 1" =' -0:::. I I I I i , t . i ;d; ~ 't DR. THOMAS D. GREEN 250 South Ocean Blvd., #256 Delray Beach, Florida 33483 (407) 276-2692 March 18, 1992 TO THE HONORABLE MAYOR TOM LYNCH Dear Sir: This letter is in reference to the Delray Beach Planning and Zoning meeting held on March 16, 1992. More specifically, this is in regard to the Veterinary Clinic re-zoning request which was on the agenda that evening. I am the applicant for that request. The Planning and Zoning Staff reviewed my application and prepared a report recommending approval of the Veterinary Clinic with three conditions. The third condition was that the parking lot at the pro- posed site be brought back to it's original state, which would require replanting one specific area that had been torn out for an emergency situation. The owner of the site is agreeable to this condition. However, much to my surprise, at the Planning and Zoning meeting, a new condition was attached to the approval of the Veterinary Clinic. That condition was that the parking lot of the proposed site be totally restructured, causing a great expense to the owner, and ultimately eliminating myself from the proposed site, because quite frankly the owner is not interested in going to this expense when he can simply replant the specific area and be within code. I strongly feel that this condition is not at all related to the opening of a Veterinary Clinic. In fact, if a dentist, lawyer or any other professional were to lease the same space, this condition would not be attached. If the City of Delray Beach insists on using me as a pawn to get the owner to rebuild his parking lot, I request that my $450.00 application fee be returned to me. I would much rather prefer that the condition of rebuilding the parking lot be removed because I reside in Delray Beach and I would prefer to practice my profession in my home town. ( - cc: City Manager Planning and Zoning Board City Commission " '. LAWRENCE M. LANDIS D.D.S 990 soum CONGRESS AVE DURA Y BEACH, 33445 MARCH 17, 1992 Honora.ble Mayor and Commission Members: On Mi'lfCh 16. 1992 I attended a Planning and Zoning meeting as owner of the professional complex at 990 S. Congress Ave. Dr. Green, a veterinarian, had contracted to rent approximately c;pven hundred square feet of office space from me. However, the city of Delray required all veterinarians to receive conditionaJ approval before obtaining an occupational license. Mr. Kovacs and his staff had made three recommendations to the Planning Commission members: I) that patient's of Or. Green would not stay overnight or on weekends 7.) that any modifications to this conditional use request be acted upon by the Planning and Zoning Board 3] that landscaping be reinstalled at the west end of the landscape area that separates the north and south parking lots. If all parties complied with the staff report, then the staff recommended approval of Dr. Green's request. i\t the evening meeting. Mr. Currie stated that the entire parking area and traffic flow was roor and that Dr. Green's conditional use be tfed to designing and Implementing i\ new site pl~'n. I i\sked a Planning and Zoning staff member if there was any discussion before this evening meeting with members of the Board about a new site pl,'ll. Tho. answer was negative. Mr. Kovac1: told Mr. Currie several times that his staff only made the three recommend.ltions listed previously. Mr. Kovad" reminded Mr. Currie that if any other tenant who did not need conditional approval had rented space at my complex, we would not even be meeting here tonight. Mr. Currie repeatedly asked staff If the Board approved Dr. Green's request. how would Dr. landls be forced to Implement a new site plan? Mr. KovacK answered that if the landscaping was restored, there could be no further enforcement. Mr. Currie became agitated and said now we have a golden opportunity to change things by \..,Ithholding conditional approval until the site Is altered. Mr. Parker stated several times that what the Board was attempting to do was a dangerous precedent. Three members, Mr. Parker. Mr. Beer. and Mr. Purdo voted against the final ordinance of the Board because they felt if was unconscionable. To my recollection, none of the other Board members who voted for the resolution, ever said anything for or against the ordinance until the final vote. Three things need to be mentioned at this point. One- I did not receive a copy of the Board agenda until the afternoon of the meeting. As outlined above. it: only contained the staffs three recommendations. At the beginnIng of our hearing, Mr. Currie challenged me to desig' I a revised parking plan on the spot. I was totally unprepared " '. , . for such a request. nor did I think. It was appropriate at that tlm e. Two- Dr. Green has invested two months of his time and four hundred dollars persulng his goal of opening a veterinary clinic In Del ray. However. he can no longer afford to remain Idle while different boards meet to decide hrs fate. Three-I have been a property owner in Delray since t 973. I have maintained an excellent rapport with all city officldls. Two years ago, when I )Nas asked to upgrade my landscaping. I complied immediately. The landscaped area to be restored which the Planning and Zoning Board mentioned in their recommendations was the subject that I myself brought up before them previously. I resent tne insinuation that I cannot be trusted to do what is right and that a hammer must be held to my head. In conclusion. I ask you Mr. Mayor and Councilmen to rectify a grievous wrong that has occurred. I ask you to delete provision three of the Planning and Zoning Board which addresses the new site plan provision and reinstate the original Planni~g and Zoning staffs three recommendations. Sincerely yours, " In ~__ (' -/' j)~. ~0.. " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER J-1r/ SUBJECT: AGENDA ITEM i I~ A - MEETING OF MARCH 24: 1992 ORDINANCE NO. 12-92 - DATE: March 20, 1992 This is a first reading of an ordinance correcting the zoning classification from RM (Medium Density Residential) district to CF (Community Facilities) district, for the Acura Dealership located on the west side of N.E. 7th Avenue between N.E. 6th and 7th Streets; and correcting the Official Zoning Map. This property was original zoned RM-10 (Multiple Family Dwelling District) in part and SC (Specialized Commercial) in part. On August 26, 1986 the City Commission approved a conditional use request for the Acura Dealership which provided for the use of the east half of the site (RM-10) for employee/customer off-street parking and the west half of the site (SC) for automotive sales and associated uses. With the adoption of the Land Development Regulations, the zoning designations were changed from SC to AC (Automotive Commercial) and RM-10 to RM (Medium Density Residential). The RM zoning designation does not allow off street parking as a conditional use. During analysis of the LDR rezoning action the approved conditional use for parking was inadvertently overlooked. Had this information been available a more appropriate zoning designation would have been affixed to this property. Correction of the zoning to CF is therefore appropriate. The Planning and Zoning Board does not review relief from improper regulation requests. The Special Adjustment Advisory Board has reviewed this request and has determined that an inadvertent action may have occurred and that special consideration is warranted. Recommend approval of Ordinance No. 12-92 on first reading. p~~~ Ifta / (~ ~) dnO! 11/ - J.///~ /9 ~ -- '. . . . - - - - .--------- -~--- ----. -------- - .-------- ----- -~- ------_.----~ ..- -- - _.-~------~--_._.~---- ORDINANCE NO. 12-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF N.E. 7TH AVENUE, BETWEEN N.E. 6TH STREET AND N.E. 7TH STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, as being zoned RM (Medium Density Residential) District; and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property; and, WHEREAS, Section 2.4.7(F) (2) of the Land Development Regulations makes provision for relief from improper regulations; and, WHEREAS, a request has been made with respect to the subject property and has been reviewed by the Special Adjustment Advisory Board, and has been determined to be the result of inadvertent enactment; and, WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper zoning thereof, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of ~ City of Delray Beach, Florida, dated October 1, 1990, be, and .2 same is hereby corrected to reflect a zoning classification of CF (Community Facilities) District for the following described property: Lots 44 through 49, inclusive, and the east one-half (E 1/2) of the abandoned (via Resolution No. 64-86) 16 ft. alley lying west of and adjacent to said Lots 44 through 49, inclusive, THE HOFMAN ADDITION TO DELRAY, FLA., as the same is recorded in Plat Book 5 at Page 3 of the Public Records of Palm Beach County, Florida. = The subject property is located on the west side of N.E. 7th Avenue, between N.E. 6th Street and N.E. 7th Street, Delray Beach, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, correct the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. . " # .- ~--- --_._-_._-~----- ~--"-_.__.- ---_..- ---- Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective 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: = . - 2 - Ord. No. 12-92 '. . AC:URA of de/ray beach City of Delray Beach March 3, 1992 Director of Planning & Zoning 100 Northwest 1st Avenue Delray Beach, Florida 33444 ATTN: David Kovacs Dear Mr. Kovacs, I, Robert A. Leo owner of Acura of Delray Beach, request that a hearing be set up by the Special Adjustment Advisory Board to review an inapproriate or inadvertantly changed zoning designator for the east half of my Acura Dealership located at 655 Northeast 6th Avenue Delray Beach, Fl. 33483. It is my understanding that with the adoption of the L.D.R.ls in October 1990 my property was given a R.M. zoning designation. At that time my property was being utilized for parking for my dealership and therefore would have been more appropriatly zoned C.F. Please contact me as to when this meeting will be held and if I may be of any assistance beforehand please do not hesitate to contact me. -. = .. ~ t;)~\~~~~ ~ot t;)~\ ,,\I'l'll ~ tb'o\ ~ ~~~\~~~ 655 Northeast 6th Avenue, U.S. Highway One · Delray Beach, Florida 33483 · 40712~ . FAX 407/243-3632 '. -y.- . ^ ." . C I T Y COM MIS S ION DOC U MEN TAT ION .-. TO: DAVID T. HARDEN~ MANAG~ ~ -~~ C~ ~___ ~. (J\.JZV'G-~ THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: ~~RLI G, PLANNER II . SUBJECT: MEETING OF MARC 4, 1992 FIRST READING OF AN ORDINANCE CORRECTING THE OFFICIAL ZONING MAP ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which corrects the Official Zoning Map with a change from RM to CF for a portion of the Acura auto dealership. The Acura Auto dealership is located on the east side of Federal Highway between N.E. 6th and N.E. 7th Avenues. This item is being presented directly to the City Commission through the provisions of Section 2.4.7. (F) (2) Relief from Improper Requlations. BACKGROUND: The Acura property was zoned RM and SC in part in 1985. On August 26, 1986 the City Commission approved a conditional use request of the Acura Dealership for the following; On the East half of the site (RM-10 property) - off street parking=area for employee/customer parking only On the west half of the site (SC property) -automotive sales with associated uses of automobile paint and body shop and automotive repair shops and garage. With the rezonings associated with the adoption of the LDR,s (October 1, 1990) the zoning designations were changed from SC (Specialized Commercial) to AC (Automobile Commercial) and RM-10 to RM. The RM zoning designation does not allow off street .- parking as conditional use. During analysis of the LDR rezoning action it was overlooked that the RM-10 property was part of the Acura dealership and operating under an approved Conditional use approval. Had these facts been available a more appropriate zoning designation of CF (which allows private parking lots ) would have been affixed to the property. .. - City Commission Documentation memorandum Acura Dealership Rezoning Ordinance RM to CF Page 2 Attached is a letter received from the owner of the Acura Dealership in which he seeks correction of the situation. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board does not review this type of request. The Special Adjustment Advisory Board has reviewed the request and has determined that had the history of the use been known with the LDR adoption the recommended zoning designation would have been CF (Community Facilities), therefore special consideration is warranted. ALTERNATIVE ACTIONS: 1. Reject the request and direct that the item be processed through the formal rezoning process. 2. Approve the request. RECOMMENDED ACTION: By motion, approve the ordinance on first reading correcting the official zoning map from RM to CF (Community Facilities) for lots 44-49 and 1/2 of the abutting abandoned 16' alley as shown on the plat of Hofman Addition of Delray. Attachment: = * Letter f+om owner Location map ,. -"-" . '_""~. ._}""'W~ .~. ....- ......"".~'""'"".,,,..-.......~-- ~~.~"'..~~;..""" .. ~,. ~"\o.:.~A.~:~~~"~ j f AC:URA of de/ray beach City of Delray Beach March 3, 1992 Director of Planning & Zoning 100 Northwest 1st Avenue Delray Beach, Florida 33444 ATTN: David Kovacs Dear Mr. Kovacs, I, Robert A. Leo owner of Acura of Delray Beach, request that a hearing be set up by the Special Adjustment Advisory Board to review an inapproriate or inadvertantly changed zoning designator for the east half of my Acura Dealership located at 655 Northeast 6th Avenue De1ray Beach, Fl. 33483. 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGER./;-V / FROM: SUBJECT: AGENDA ITEM i I~ - MEETING OF MARCH 24. 1992 ORDINANCE NO. 13-92 : DATE: March 20, 1992 This is a first reading of an ordinance rezoning and placing land, located on the southwest corner of N.W. 2nd Street and N.W. 8th Avenue, and presently zoned R-1A (Single Family Residential) zone district in CF (Community Facilities) zone district. This site (Lots 21,22, 23 and 24, Block B, Westside Heights) currently contains the American Legion Hall (approximately 3,600 square feet) , seven parking spaces and two vacant lots. The existing use, American Legion meeting hall, does not conform to the R-1A zoning. This inconsistency further poses a problem with respect to modification of the site plan. Therefore, Community Facilities zoning designation is more appropriate for this site. Additionally, following installation of the Northwest Drainage District outfall along N.W. 2nd Street, the street will be reconstructed, and the jog which now exists at the intersection of N.W. 2nd Street and N.W. 8th Avenue will be re-aligned. In order to straighten the road, the parking in front of the American Legion building must be eliminated. Staff is currently designing a new parking lot for the site. The proposed lot will be located behind the American Legion building, with access from N.W. 8th Avenue. The Planning and Zoning Board at their March 16th meeting recommended approval of rezoning petition. There was public comment from a property owner who was concerned about the street alignment, and from a party interested in the project. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 13-92 on first reading. p~ Lj-O ~OO J PH en 4/I'I/9;r 'I - , I , - ., - - . ~ - ---~.- -_._--~~ ,----- ---- ----- ~--- ~._-- --------_._~~- - ORDINANCE NO. 13-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED AT THE SOUTHWEST CORNER OF N.W. 2ND STREET AND N.W. 8TH AVENUE, AS 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 l. 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: Lots 21, 22, 23 and 24, Block B, WEST SIDE HEIGHTS, Delray, Palm Beach County, F1a., according to the Plat thereof as recorded in Plat Book 13 at Page 61 of the Public Records of Palm Beach County, Florida. The subject property is located at the southwest corner of N.W. 2nd Street and N.W. 8th Avenue, and contains a 0.67 acre parcel of land, more or less. Section 2. That the Planning Director of said Cl.ty 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 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: . 'I " . r '/ ,r C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~.. HAR~~TY MAN~"" '-~~ C5\]<Z~ THRU: DAVID J. KOVA ,D RECTOR DE~R~MENT ~F ~LANNING AND ZONING fCL~ d'7h,. FROM: PAUL DORLING(:PLANNER II SUBJECT: MEETING OF MARCH 24, 1992 ORDINANCE REZONING THE AMERICAN LEGION HALL FROM R-IA (SINGLE FAMILY) TO CF (COMMUNITY FACILITY). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the rezoning ordinance affecting the City owned property occupied by the Americam Legion Hall by changing designations from R-1A to CF. The project is ~ 2nd located at the south corner of N.W. Street and N.W. 8th Avenue 0 BACKGROUND: The rezoning request consists of lots 21,22,23,and 24 of Block B Wests ide Heights of Delray located at the southwest corner of N.W. 2nd Street and N.W. 8th Street. The site currently contains approximately a 3,600 sqoft. building, 7 parking spaces located perpendicular to N.W. 2nd Street and two vacant lots to the rear of the structure. In the upcoming mouths, the City will begin installing the Northwest Drainage District outfall along N.W. 2nd Street. As the outfall J.s put in place, the street will be reconstructed, and the " jog" which now exists at the intersection of N.W. 2nd Street and NoW. 8th Avenue will be re-aligned. In order to straighten the road, the parking in front of the City-owned American Legion building must be eliminated. The planning staff is designing a new parking lot for the site. It will be located behind the building accessed from N.Wo 8th Avenue (see attached sketch). The entire site which consists of four lots, is currently zoned R-IA, single family residential District. The existing use of American Legion meeting hall does not conform to the R-IA zoning. This inconsistency between the zoning and the use poses a problem with respect to the modification of the site plan. A more appropriate zoning designation for the property would be CF, Community Facilities, which allows community centers and accessory parking lots. . City Commission Documentation memorandum Rezoning American Legion Hall Page 1.1 The City Commission initiated the change in zoning from R-1A to CF on February 11, 1992. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and zoning Board formally reviewed this item at it's meeting of March 16/ 1992. The Planning and Zoning Board recommended approval of the request on a 7-0 vote. Two members of the public spoke, one property owner to the west concerned about street alignment, and the other just interested in the project. RECOMMENDED ACTION: By motion, approve this ordinance on first reading based upon the findings made by the Planning and Zoning Board. Attachments: * Parking lot sketch plan * Location Map : ,. ~_._----------- ---------- r:7 ,,>:( , --~~ c- \1 IIIIJ Nw & fH " , " ...-- ,. I - I 't N.W. ~O TERR. ~ - I~ ~ ~ ~ !-- REZONING I- - <( ANERICAN LEGION SITE - I- ~ i! ~ R-IA TO CF ~ :r. .... . ~. ... ... .. - - \.. '-- - - - ~ ~ ~ - - - z z z '- .-- - - - IT rr - - I r-- r-- N. W. JRO S - l. ~__ U == ~ I--- <( - - - - r-- - - ""-- - - ~ r- - ~ - :~t .. ~ .. - 2NO '~ ~ N.w' N ~ 10 ~ ~ = N.W. 1ST ~ ~ . ,OJ]] OJ]]] ill z Z Z ::I! ~ . 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